Activities of Sylwia SPUREK
Plenary speeches (97)
The situation of EU forests (debate)
One-minute speeches on matters of political importance
Taking forward the Horizontal anti-discrimination Directive (debate)
One-minute speeches on matters of political importance
EU accession to the Istanbul Convention and other measures to combat gender-based violence (debate)
Protection of forest and environmental defenders in the EU (debate)
The European Green Deal (debate)
Animal welfare conditions during transport to third countries (debate)
Devastating Bushfires in Australia and other extreme weather events as a consequence of Climate Change (debate)
Ongoing hearings under article 7(1) of the TEU regarding Hungary (debate)
Ongoing hearings under article 7(1) of the TEU regarding Poland (debate)
EU strategy for mobility and transport: measures needed until 2030 and beyond (debate)
Fighting against antisemitism, racism and hatred across Europe (debate)
Fighting against antisemitism, racism and hatred across Europe (debate)
The ongoing threat for the Rule of law in Poland (debate)
The illegal trade in companion animals in the EU (debate)
Gender Equality Strategy (debate)
Migration situation at the Greek-Turkish border and the EU's common response to it (debate)
European coordinated response to the COVID-19 outbreak (debate)
EU coordinated action to combat the COVID-19 pandemic and its consequences (continuation of debate)
Emergency Legislation in Hungary and its impact on the Rule of Law and fundamental rights (continuation of debate)
EU Recovery package (debate)
The Anti-racism protests following the death of George Floyd (continuation of debate)
State of play of Council negotiations on the Regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States (debate)
Conclusions of the extraordinary European Council meeting of 17-21 July 2020 (continuation of debate)
Determination of a clear risk of a serious breach by the Republic of Poland of the rule of law - LGBTI-free zones in Poland within the scope of the Rete Lenford case (debate)
The establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (debate)
European Climate Law (debate)
The impact of Covid-19 outbreak on long-term care facilities (debate)
Police brutality within the EU (debate)
Multiannual Financial Framework (including Own Resources), Rule of Law Conditionality Mechanism and the Recovery Fund for Europe (continuation of debate)
The impact of COVID-19 measures on democracy, fundamental rights and the rule of law (debate)
Istanbul Convention and violence against women (debate)
Abortion rights in Poland (debate)
Quality of water intended for human consumption – Implementation of the EU water legislation (debate)
Transitional provisions for support from the EAFRD and EAGF in the years 2021 and 2022 (debate)
Conclusions of the European Council meeting of 10-11 December 2020 – MFF, Rule of Law Conditionality and Own Resources – Council regulation laying down the multiannual financial framework for the years 2021 to 2027 – Proposal for an Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources – Regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States (debate)
Measures to promote the recovery of fish stock above MSY (debate)
The gender perspective in the COVID-19 crisis and post-crisis period - The EU Strategy for Gender Equality - Closing the digital gender gap: women’s participation in the digital economy (continuation of debate)
The de facto abortion ban in Poland (debate)
Challenges ahead for women’s rights: more than 25 years after the Beijing Declaration and Platform for Action (continuation of debate)
Equal treatment in employment and occupation in light of the UNCRPD (debate)
Declaration of the EU as an LGBTIQ Freedom Zone (debate)
Implementation of the Ambient Air Quality Directives (continuation of debate)
Turkey’s withdrawal from the Istanbul Convention (debate)
Conclusions of the European Council meeting of 25 and 26 March 2021 - The outcome of the high level meeting between the EU and Turkey of the 6th of April (continuation of debate)
Environment: The Aarhus Regulation (debate)
Roma Equality, Inclusion and Participation (debate)
EU Biodiversity Strategy for 2030: Bringing nature back into our lives (debate)
Rule of law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom 2020/2092) (debate)
Women in politics – combatting online abuse (debate)
Sexual and reproductive health and rights in the EU, in the frame of women’s health (debate)
European Climate Law (continuation of debate)
Presentation of the programme of activities of the Slovenian Presidency (debate)
Breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the adopted legal changes in the Hungarian Parliament - The outcome of 22 June hearings under Article 7(1) of the TEU regarding Poland and Hungary (debate)
Presentation of the Fit for 55 package after the publication of the IPCC report (debate)
State of the Union (debate)
Media freedom and further deterioration of the Rule of law in Poland (debate)
Identifying gender-based violence as a new area of crime listed in Article 83(1) TFEU (debate)
The protection of persons with disabilities through petitions: lessons learnt (debate)
The Rule of law crisis in Poland and the primacy of EU law (debate)
The first anniversary of the de facto abortion ban in Poland (debate)
Pushbacks at the EU's external border (debate)
The escalating humanitarian crisis on the EU-Belarusian border, in particular in Poland (debate)
Situation in Belarus and at its border with the EU and the security and humanitarian consequences (debate)
Outcome of the COP26 in Glasgow (debate)
The International Day of Elimination of Violence Against Women and the State of play on the ratification of the Istanbul Convention (debate)
Combating gender-based violence: cyberviolence (debate)
Plans to undermine further fundamental rights in Poland, in particular regarding the standards of the European Convention of Human Rights and Sexual and Reproductive Health and Rights (debate)
MeToo and harassment – the consequences for the EU institutions (continuation of debate)
An EU ban on the use of wild animals in circuses (debate)
Protection of animals during transport - Protection of animals during transport (Recommendation) (debate)
Implementation report on on-farm animal welfare (debate)
The Rule of Law and the consequences of the ECJ ruling (debate)
The deterioration of the situation of refugees as a consequence of the Russian aggression against Ukraine (debate)
EU Gender Action Plan III (debate)
Sixth Assessment Report of the United Nations Intergovernmental Panel on Climate Change (IPCC) (debate)
Ongoing hearings under Article 7(1) TEU regarding Poland and Hungary (debate)
Ongoing hearings under Article 7(1) TEU regarding Poland and Hungary (debate)
Use of the Pegasus Software by EU Member States against individuals including MEPs and the violation of fundamental rights (topical debate)
Building of a wall on the Polish – Belarus border in the Białowieża primeval forest (debate)
The fight against impunity for war crimes in Ukraine (debate)
The rule of law and the potential approval of the Polish national Recovery Plan (RRF) (debate)
Global threats to abortion rights: the possible overturn of abortion rights in the US by the Supreme Court (debate)
US Supreme Court decision to overturn abortion rights in the United States and the need to safeguard abortion rights and Women’s health in the EU (debate)
Deforestation Regulation (debate)
Ecological Disaster in the Oder River (debate)
Fighting sexualised violence - The importance of the Istanbul Convention and a comprehensive proposal for a directive against gender-based violence (debate)
Eliminating violence against Women (debate)
Council of Europe Convention on preventing and combating violence against women and domestic violence: EU accession (continuation of debate)
Women activism – human rights defenders related to sexual and reproductive health and rights (SRHR) (debate)
Council of Europe Convention on preventing and combating violence against women and domestic violence – EU accession: institutions and public administration of the Union - Council of Europe Convention on preventing and combating violence against women and domestic violence - EU accession: judicial cooperation in criminal matters, asylum and non-refoulement (debate)
Sexual harassment in the EU and MeToo evaluation (debate)
The electoral law, the investigative committee and the rule of law in Poland (debate)
Violence and discrimination in the world of sports after the FIFA Women’s World Cup (debate)
International day for the elimination of violence against women (debate)
Combating violence against women and domestic violence (debate)
Reports (1)
REPORT with recommendations to the Commission on combating gender-based violence: cyberviolence
Shadow reports (4)
REPORT Towards equal rights for persons with disabilities
INTERIM REPORT on the proposal for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence
REPORT on sexual harassment in the EU and MeToo evaluation
REPORT on the proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence
Shadow opinions (3)
OPINION on the protection of persons with disabilities through petitions: lessons learnt
OPINION on a long-term vision for the EU’s rural areas – towards stronger, connected, resilient and prosperous rural areas by 2040
OPINION on the proposal for a regulation of the European Parliament and of the Council on European statistics on population and housing, amending Regulation (EC) No 862/2007 and repealing Regulations (EC) No 763/2008 and (EU) No 1260/2013
Institutional motions (23)
MOTION FOR A RESOLUTION on the criminalisation of sexual education in Poland
MOTION FOR A RESOLUTION on the EU’s accession to the Istanbul Convention and other measures to combat gender-based violence
MOTION FOR A RESOLUTION on public discrimination and hate speech against LGBTI people, including LGBTI free zones
MOTION FOR A RESOLUTION on the rule of law in Malta following the recent revelations surrounding the murder of Daphne Caruana Galizia
MOTION FOR A RESOLUTION on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary
MOTION FOR A RESOLUTION on protecting the EU’s internal market and consumer rights against the negative implications of the illegal trade in companion animals
MOTION FOR A RESOLUTION on the de facto ban on the right to abortion in Poland
MOTION FOR A RESOLUTION on the need for a dedicated Council configuration on gender equality
MOTION FOR A RESOLUTION on the declaration of the EU as an LGBTIQ Freedom Zone
MOTION FOR A RESOLUTION on the assassination of Daphne Caruana Galizia and the rule of law in Malta
MOTION FOR A RESOLUTION on the rule of law situation in the European Union and the application of the Conditionality Regulation 2020/2092
MOTION FOR A RESOLUTION on breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the legal changes adopted by the Hungarian Parliament
MOTION FOR A RESOLUTION on the situation in Afghanistan
MOTION FOR A RESOLUTION on media freedom and further deterioration of the rule of law in Poland
MOTION FOR A RESOLUTION The state law relating to abortion in Texas, USA
JOINT MOTION FOR A RESOLUTION on the state law relating to abortion in Texas, USA
MOTION FOR A RESOLUTION on the rule of law crisis in Poland and the primacy of EU law
MOTION FOR A RESOLUTION on the first anniversary of the de facto abortion ban in Poland
MOTION FOR A RESOLUTION on the EU priorities for the 66th session of the UN Commission on the Status of Women
MOTION FOR A RESOLUTION on the rule of law and the consequences of the ECJ ruling
MOTION FOR A RESOLUTION the rule of law and the potential approval of the Polish national Recovery Plan (RRF)
MOTION FOR A RESOLUTION on the death of Mahsa Amini and the repression of women’s rights protesters in Iran
MOTION FOR A RESOLUTION on including the right to abortion in the EU Fundamental Rights Charter
Oral questions (13)
Protecting the EU’s internal market and consumer rights against the negative implications of the illegal trade in companion animals
Protecting the EU’s internal market and consumer rights against the negative implications of the illegal trade in companion animals
Animal welfare and the new Green Deal
LGBTI-free zones in Poland within the scope of the Rete Lenford case
Concerted plans and actions to transition to innovation without the use of animals in the EU
Plans and actions to accelerate a transition to innovation without the use of animals in research, regulatory testing and education
An EU ban on the use of wild animals in circuses
An EU Commissioner for Animal Welfare
An EU Commissioner for Animal Welfare
Legal protection for rainbow families exercising free movement, in particular the Baby Sara case
Prohibiting chick and duckling killing in EU law
Recent EU-Audits identifying that Uruguayan and Argentinian meat from horses with unreliable sworn declarations and unknown drug history is entering the EU
Promised revision of the EU animal welfare legislation and the animal welfare-related European Citizens’ Initiatives
Written explanations (22)
An EU strategy to put an end to female genital mutilation around the world (B9-0090/2020, B9-0092/2020)
. – Co roku dziewczynki i kobiety na całym świecie doświadczają przemocy w różnych formach. Padają ofiarami przemocy w rodzinie, przemocy seksualnej, molestowania w pracy. Dziewczynki są zmuszane do małżeństwa, kobiety są zabijane przez członków swojej rodziny w imię tzw. honoru, który miały splamić.Jedną z najbardziej okrutnych form przemocy ze względu na płeć jest okaleczanie narządów płciowych dziewczynek. Badania pokazują, że w Europie już 600 tysięcy kobiet i dziewcząt żyje z długotrwałymi fizycznymi i psychicznymi skutkami okaleczania narządów płciowych, a 180 tysięcy dziewcząt jest w wysokim stopniu zagrożone tą praktyką. Konwencja antyprzemocowa Rady Europy, stanowiąca kartę praw ofiar przemocy ze względu na płeć, zobowiązuje państwa do penalizacji okaleczania żeńskich narządów płciowych i zachęcania, przymuszania lub namawiania dziewcząt do poddania się tej praktyce.Niestety, choć prawo karne we wszystkich państwach członkowskich chroni dziewczęta i kobiety przed okaleczaniem, w UE zarejestrowano zaledwie kilka spraw sądowych. Jako sprawozdawczyni przystąpienia przez UE do konwencji za zasadne uznaję pilne zakończenie przez Radę procesu ratyfikacji konwencji – i to bez jakichkolwiek ograniczeń – oraz ratyfikację konwencji przez wszystkie państwa członkowskie. Ten instrument prawny musimy wykorzystać w celu zapobiegania okaleczaniu żeńskich narządów płciowych, ochrony dziewczynek i ścigania przestępców oraz zagwarantowania odpowiednich usług wsparcia dla dziewcząt i kobiet, które doświadczyły okaleczania narządów płciowych.
Allocation of slots at Community airports: common rules
Drastycznie szybkie rozprzestrzenianie się ognisk epidemicznych koronawirusa ma poważny wpływ na transport lotniczy na całym świecie, w tym także w Unii Europejskiej.Ze względu na spadek popytu, ale przede wszystkim ze względu na ograniczenia wprowadzone przez poszczególne państwa członkowskie przewoźnicy lotniczy odwołują loty, co w najbliższych sezonach zapewne doprowadzi do wykorzystania przydziałów czasu na start lub lądowanie poniżej minimalnego progu 80% przewidzianego w rozporządzeniu Rady (EWG) nr 95/93 zgodnie z zasadą „wykorzystaj albo strać”.W zaistniałej sytuacji przewoźnicy w celu ochrony swoich praw musieliby wykonywać wiele lotów przy niskich współczynnikach obciążenia, powiększając przez to straty finansowe i co istotne, niekorzystny wpływ na środowisko.Opowiadam się za przyjęciem przedstawionej przez Komisję Europejską nowelizacji rozporządzenia zobowiązującej koordynatorów do uznania przydziałów czasu na start lub lądowanie przyznanych na okres pandemii za wykorzystane przez przewoźnika, któremu pierwotnie je przyznano. Nowelizacja jest niezbędna, ponieważ pozwala uniknąć negatywnych konsekwencji środowiskowych wynikających z pustych lub prawie pustych przelotów wykonywanych wyłącznie w celu utrzymania przydziałów czasu na start lub lądowanie.
Specific measures to mobilise investments in the health care systems of the Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative)
Epidemia koronawirusa z pewnością będzie miała bezprecedensowy wpływ na gospodarki państw na całym świecie, w tym na gospodarki europejskie. Sytuacja ta pokazała nam także jednoznacznie, że brak jest skutecznych krajowych mechanizmów reagowania w tego typu kryzysowych sytuacjach, szczególnie jeśli chodzi o przygotowanie europejskich służb ochrony zdrowia.Zaproponowane przez Komisję uwolnienie ok. 8 mld EUR poprzez rezygnację z tegorocznego żądania zwrotu niewykorzystanych środków z płatności zaliczkowych przekazanych w ramach europejskich funduszy strukturalnych i inwestycyjnych ma na celu zapewnienie płynności finansowej państw członkowskich w zakresie inwestycji.Co ważne, środki z EFRR będą mogły tymczasowo być także przeznaczane na wsparcie małych i średnich przedsiębiorstw, najbardziej narażonych na negatywne skutki trwającego kryzysu. W wielu przypadkach otrzymanie zewnętrznej pomocy będzie jedyną szansą na ratowanie zagrożonych miejsc pracy oraz umożliwienie kontynuacji działalności gospodarczej.Trwający kryzys bezlitośnie obnażył także stopień niedofinansowania i nieprzygotowania europejskich służb ochrony zdrowia na tego typu kryzysowe sytuacje, co ma obecnie bezpośrednie przełożenie na zdrowie i życie mieszkanek i mieszkańców UE. Sprawia to także, że służby medyczne codziennie podejmują ryzyko znacznie większe, niż byłoby to konieczne w przypadku odpowiedniego ich przygotowania, chociażby w zakresie środków indywidualnej ochrony. Na zakup tych ostatnich państwa członkowskie będą mogły przeznaczyć dodatkowe środki dzięki wprowadzanym rozporządzeniem zmianom.
Financial assistance to Member States and countries negotiating their accession to the Union that are seriously affected by a major public health emergency
Dotychczas uruchomienie środków Funduszu Solidarności Unii Europejskiej było możliwe jedynie w przypadkach klęsk żywiołowych, a jego środki wykorzystano w następstwie 80 różnego rodzaju klęsk, takich jak powodzie, pożary lasów, trzęsienia ziemi, wichury i susze. Jak dotąd wsparcie w łącznej wysokości ponad 5 mld euro otrzymały 24 kraje Europy.Wprowadzane zmiany umożliwią użycie środków z FSUE także w przypadku poważnych stanów zagrożenia zdrowia publicznego, co jest bezpośrednią odpowiedzią UE na pandemię COVID-19. Miałyby one być m.in. przeznaczane na udzielenie wsparcia, w tym medycznego, ludności dotkniętej poważnym stanem zagrożenia zdrowia publicznego oraz na ochronę ludności przed narażeniem na takie zagrożenie, w tym na profilaktykę, monitorowanie lub kontrolowanie rozprzestrzeniania się chorób, zwalczanie poważnych zagrożeń dla zdrowia publicznego oraz zmniejszanie ich wpływu na zdrowie publiczne.Zaproponowane przez Komisję podwyższenie wysokości zaliczek, których proces wypłacania jest nieporównywalnie szybszy niż w stosunku do pozostałej części udostępnianej pomocy, umożliwi państwom członkowskim podjęcie natychmiastowych działań mających na celu ratowanie zdrowia i życia mieszkańcom i mieszkankom Wspólnoty.
Setting up a committee of inquiry to investigate alleged contraventions and maladministration in the application of Union law in relation to the protection of animals during transport within and outside the Union, and defining its responsibilities, numerical strength and term of office (B9-0191/2020)
. – Wyczerpanie, odwodnienie, wzajemne zadeptywanie się, stres, śmierć – na to wszystko narażone są zwierzęta w trakcie transportu. Problemem są przepisy niewyznaczające wysokich standardów oraz nieprzestrzeganie obowiązujących regulacji.Ustanowienie komisji śledczej, której zadaniem będzie zbadanie zarówno naruszeń, jak i kwestii nadzoru w stosowaniu prawa UE w zakresie ochrony zwierząt podczas transportu – w Unii i poza nią, jest ważnym krokiem w kierunku rozwiązania tych problemów. Powołanie komisji jest odpowiedzią na zarzuty względem KE oraz państw członkowskich, w tym te dotyczące niewłaściwego nadzoru nad stosowaniem prawa.Ale same prace komisji nie wyeliminują problemów związanych z transportem zwierząt. Konieczne jest nie tylko prawidłowe i konsekwentne stosowanie obowiązującego prawa, właściwy nadzór oraz nakładanie możliwych sankcji, ale także wprowadzenie nowych przepisów prawa, które ograniczą transport zwierząt poza UE do nie więcej niż ośmiu godzin oraz zakażą transportu żywych zwierząt do państw trzecich – jeżeli ich standardy nie spełniają standardów UE.Docelowo powinniśmy całkowicie zakazać transportu żywych zwierząt, bo tylko tak unikniemy zbędnego cierpienia zwierząt. A tak naprawdę powinniśmy zastanowić się, jak leczyć chorobę, a nie tylko jej objawy. Tak, wolimy odwracać wzrok od źródła problemu. Ale fakty są takie, że zwierzęta są transportowane, bo nadal uważamy, że mamy prawo je wykorzystywać i zabijać dla naszych potrzeb.
European Climate Law (A9-0162/2020 - Jytte Guteland)
Głosowanie nad Prawem Klimatycznym jest jednym z najważniejszych testów dla członków i członkiń Parlamentu Europejskiego. Jego wyniki zdecydować mogą o przyszłości naszej planety i jej mieszkańców i mieszkanek. Podejmowane w tym tygodniu decyzje pokażą, którym z nas rzeczywiście leży na sercu dobro ich wyborców i wyborczyń. W tym tygodniu mówimy: Sprawdzam!Jednym z najbardziej newralgicznych punktów, nad którymi odbyło się głosowanie, jest cel redukcji emisji na rok 2030. Naukowcy i naukowczynie jasno wskazują, że dotrzymanie zobowiązań wynikających z porozumienia paryskiego i zapobiegnięcie katastrofalnym skutkom zmian klimatycznych wymaga ustalenia go na poziomie co najmniej 65%.Niestety, popierane przez moją frakcję polityczną cele redukcji o 70% i 65%, za którymi oczywiście głosowałam, nie uzyskały wystarczającego poparcia, a zaproponowany przez komisję ENVI w sprawozdaniu dotyczącym prawa klimatycznego cel redukcji o 60% uchwalony został niewielką przewagą głosów.Owszem, Parlament okazał się być bardziej progresywny niż Komisja Europejska. Owszem, prawdopodobnie jeszcze rok temu byłoby to niemożliwe. Ale musimy pamiętać, że godzenie się na kompromisy takie jak ten zmniejsza nasze szanse w wyścigu o uratowanie naszego jedynego domu, a czasu mamy coraz mniej.
Common agricultural policy – amendment of the CMO and other Regulations (A8-0198/2019 - Eric Andrieu)
Tzw. poprawka „veggie burger” (poprawka 165) do rozporządzenia w sprawie wspólnej organizacji rynków produktów rolnych (nr 1308/2013) w ramach Wspólnej Polityki Rolnej to kolejny sposób przemysłu mięsnego na ograniczanie prężnie rozwijającego się rynku produktów roślinnych. Zasłaniając się okrągłymi zdaniami o trosce o dobro konsumenta, duże frakcje polityczne w PE w rzeczywistości starają się utrudnić Europejczykom i Europejkom podejmowanie świadomych i zdrowych wyborów żywieniowych, a producentom i producentkom roślinnej żywności – ich działalność i rozwój.Unia Europejska musi być wiarygodna – jeśli kierujemy się dobrem środowiska, przyjmujemy Zielony Ład i strategię „Od pola do stołu” i chcemy powstrzymać zmiany klimatyczne, nie możemy stawiać kroku w tył legislacją hamującą rozwój produktów roślinnych i de facto po raz kolejny wspierać przemysł mięsny, tak groźny dla środowiska. Analogiczna poprawka 171 dotycząca produktów mlecznych zasługuje na krytykę z tych samych względów. Oczywistą decyzją wszystkich posłanek i posłów do Parlamentu Europejskiego powinien być głos przeciwko tym poprawkom – poparcie tak szkodliwej dla klimatu, środowiska, praw zwierząt oraz praw konsumentów i konsumentek legislacji oznacza działanie w interesie lobby mięsnego i mleczarskiego. Zagłosowałam przeciwko poprawkom 165 i 171 i namawiałam do tego moich kolegów i koleżanki.
The need for a dedicated Council configuration on gender equality (B9-0402/2020, B9-0404/2020)
Głęboko wierzę, że nadszedł czas, aby ustanowić specjalny skład Rady do spraw równości płci. W tym wymiarze dysproporcje w rozwoju państw UE są największe. Kluczowe wartości wynikające z traktatów i promowane przez Unię Europejską powinny znaleźć odzwierciedlenie również w jej strukturze instytucjonalnej. Niezwykle ważne jest utworzenie forum Rady, na którym regularnie byłyby omawiane kwestie równości płci, ale też inne rodzaje dyskryminacji.Rezolucja jest rozpatrywana w czasie pandemii COVID-19 pogłębiającej istniejącą już dyskryminację w obszarze zatrudnienia, przemocy uwarunkowanej płcią oraz dostępu do zdrowia i praw seksualnych i reprodukcyjnych. Te nierówności mają charakter krzyżowy i dotykają w jeszcze większym stopniu kobiety starsze, kobiety z niepełnosprawnościami, Romki, kobiety należące do mniejszości religijnych i mieszkające na wsi, a także osoby LGBTI. Pomimo pilnej potrzeby konkretnych rozwiązań legislacyjnych Rada nadal blokuje ważne akty prawne, takie jak konwencja stambulska, horyzontalna dyrektywa antydyskryminacyjna czy dyrektywa w sprawie kobiet w zarządach i radach nadzorczych spółek.Aby zrealizować swoje cele i zobowiązania i skutecznie zwalczać nierówności pomiędzy kobietami i mężczyznami, instytucje UE muszą ustanawiać ciała wyraźnie odpowiedzialne za równość. Niedoskonałości polityki spójności UE są zbyt poważne. Dzięki Radzie do spraw równości płci Unia będzie być może rzadziej zapominała, że równość, godność i ochrona przed przemocą to prawdziwe wartości naszej wspólnoty.
Equal treatment in employment and occupation in light of the UNCRPD (A9-0014/2021 - Katrin Langensiepen)
Ratyfikacja przez Unię Konwencji o prawach osób z niepełnosprawnościami była momentem przełomowym. Wpłynęła też pozytywnie na interpretację dyrektywy o równym traktowaniu w zatrudnieniu (2000/78/WE), ponieważ przyznano należną ochronę osobom przewlekle chorym i otyłym. Mimo to ponad 20 lat od przyjęcia dyrektywy i 10 lat od ratyfikacji Konwencji połowa osób z niepełnosprawnościami w Unii czuje się dyskryminowana. Te dane potwierdzają, że same przepisy prawne nie zagwarantują równości.Państwa członkowskie muszą właściwie wdrożyć dyrektywę i dopilnować, by sankcje nakładane za naruszenie jej przepisów były dotkliwe i skuteczne. Muszą zapewnić organom równościowym pełną niezależność polityczną i finansową, a także wzmocnić ochronę przed dyskryminacją krzyżową, w tym kobiet z niepełnosprawnościami.Unia Europejska musi natomiast zapewnić realizację wszystkich postanowień Konwencji i ratyfikować jej protokół fakultatywny. Komitet ds. Praw Osób z Niepełnosprawnościami wezwał do tego Unię już w 2015 r. Zapewniłoby to osobom z niepełnosprawnościami dodatkową ochronę poprzez zagwarantowanie efektywnego mechanizmu dochodzenia praw przed Komitetem, w drodze indywidualnych zawiadomień w sprawach naruszenia postanowień Konwencji. Mogłoby także przełamać wieloletni opór w Radzie przed poszerzeniem ochrony przed dyskryminacją, w tym ze względu na niepełnosprawność, poza obszar zatrudnienia, poprzez przyjęcie dyrektywy horyzontalnej. Osoby z niepełnosprawnościami czekają już za długo.
Application of Regulation (EC) 2020/2092, the Rule of Law conditionality mechanism (B9-0206/2021, B9-0207/2021, B9-0208/2021)
Decyzją polityczną Rady obowiązywanie rozporządzenia z dnia 16 grudnia 2020 r. w sprawie mechanizmu warunkowości służącego ochronie budżetu Unii, czyli tzw. mechanizmu „pieniądze za praworządność”, miałoby zostać zawieszone do czasu rozpoznania przez Trybunał Sprawiedliwości skarg Polski i Węgier.Komisja Europejska nie może jednak przyjmować wytycznych politycznych od rządów. Rozporządzenie powinno, zgodnie z prawem, zacząć obowiązywać niezwłocznie.Co więcej, praworządność, której przestrzeganie ma być warunkiem otrzymywania wypłat z budżetu, musi być rozumiana nie tylko jako niezależność wymiaru sprawiedliwości, ale też jako szacunek dla praw człowieka i równości wymienionych w art. 2 Traktatu jako fundamenty UE.
The impacts of climate change on vulnerable populations in developing countries (A9-0115/2021 - Mónica Silvana González)
O problemie głodu mieszkańców i mieszkanek krajów globalnego Południa mówi się od dawna. Ale borykają się oni także z innymi problemami, takimi jak zmiany klimatu, ograniczenie dostępu do wody, zanieczyszczenie lokalnych ekosystemów, przymusowe wysiedlenia, lokalne konflikty, a nawet morderstwa. Te wszystkie problemy stanowią konsekwencje przemysłowej hodowli zwierząt oraz efekt produkcji mięsa, mleka i nabiału, których ciężar ponosi właśnie globalne Południe. W tym samym czasie globalna Północ, Europejczycy i Europejki konsumują około dwa razy więcej mięsa i trzy razy więcej nabiału niż wynosi średnia światowa, a w debacie o odchodzeniu od mięsa, którą zainicjowałam, wielu przeciwstawia swoje „prawo do kotleta” walce z katastrofą klimatyczną.Dlatego zagłosowałam za poprawkami do sprawozdania w sprawie wpływu zmian klimatu na najbardziej narażone na jego skutki grupy ludności w krajach rozwijających się przewidującymi uznanie migracji spowodowanej zmianami klimatycznymi za podstawę prawną do przyznawania azylu. Czas, żeby bogate kraje, w tym państwa członkowskie UE, wzięły odpowiedzialność za kryzys klimatyczny, i to nie tylko w zakresie pomocy humanitarnej. Musimy przestać traktować Ziemię jako stołówkę i przestać zawłaszczać grunty w krajach trzecich – na jedzenie, które jest nieetyczne, które szkodzi.Niestety w tym zakresie nadal mamy wiele do zrobienia, co pokazuje chociażby treść wynegocjowanej umowy pomiędzy UE a państwami Mercosuru.
European Citizens' Initiative "End the cage age" (B9-0296/2021, B9-0302/2021)
Inicjatywą „End the Cage Age” 1,4 miliona obywateli i obywatelek wezwało Komisję Europejską do podjęcia kroków w celu zaprzestania horroru chowu klatkowego, który obrazuje nasz stosunek do zwierząt i przyrody.Niestety część postanowień projektowanej rezolucji przygotowanej przez komisję AGRI pokazuje, jak bardzo lobby mięsne walczy o swoje interesy oraz jak politycy i polityczki, których nazywam „Meat Party”, chronią status quo lub odwracają oczy od problemu i nie chcą przyznać, że wytwarzamy jedzenie w sposób nieetyczny, niezrównoważony i pogłębiający kryzys klimatyczny.Głosowałam za: 1) jasnym i stanowczym wskazaniem roku 2027 jako roku, w którym ostatecznie należy zakończyć wykorzystywanie klatek przy hodowli zwierząt w UE; 2) za postanowieniami wskazującymi na związek między wykorzystywaniem klatek a problemem antybiotykoodporności, bo jeżeli nie zmienimy sposobu wytwarzania jedzenia, następna pandemia jest tylko kwestią czasu; 3) za odejściem od wspierania przez Unię intensywnej produkcji i promocji mięsa, mleka i innych produktów odzwierzęcych. Środki publiczne powinny być przeznaczone na promocję zrównoważonej, etycznej i zdrowej diety roślinnej.
The creation of guidelines for the application of the general regime of conditionality for the protection of the Union budget (A9-0226/2021 - Eider Gardiazabal Rubial, Petri Sarvamaa)
Kryzys praworządności w Unii Europejskiej pogłębia się, kobiety, osoby LGBTIQ i inne grupy dyskryminowane są pozbawiane kolejnych praw, a Komisja Europejska dalej nie stosuje dostępnych narzędzi, żeby temu przeciwdziałać. Wiemy już, że procedury prowadzone przeciwko Polsce i Węgrom na podstawie art. 7 TUE są nieefektywne, dlatego walczymy o skuteczność mechanizmu warunkowości. Tymczasem Komisja, zamiast stosować rozporządzenie od 1 stycznia 2021 r., kiedy weszło w życie, zasłania się kolejnymi wymówkami – koniecznością stosowania się do politycznych konkluzji Rady Europejskiej z 10 i 11 grudnia 2020 r., a teraz rzekomym obowiązkiem przyjęcia wytycznych do rozporządzenia.Najwyższy czas, aby rządy Węgier, Polski i innych państw członkowskich naruszające zasadę praworządności przestały czuć się bezkarne, przestały wykorzystywać bezradność Unii Europejskiej.Fundamentalne wartości UE – w tym prawa człowieka, równe traktowanie, ochrona kobiet przed przemocą – nie mogą być przedmiotem dyskusji i kompromisów. Parlament Europejski po raz kolejny przypomniał o tym Komisji Europejskiej. Tylko czy Komisja w ogóle słucha?
Plans and actions to accelerate a transition to innovation without the use of animals in research, regulatory testing and education (RC-B9-0425/2021, B9-0425/2021, B9-0426/2021, B9-0427/2021, B9-0428/2021, B9-0429/2021, B9-0432/2021)
Pomimo zobowiązania państw członkowskich do ograniczenia testów i badań na zwierzętach wynikającego z dyrektywy 2010/63/EU przyjętej w 2010 r., dostępne statystyki pokazują brak istotnych zmian. W niektórych przypadkach poziom testowania na zwierzętach nawet wzrasta. Co więcej, obecnie w Polsce planowane jest wprowadzenie niekorzystnych dla realizacji celów dyrektywy regulacji utrudniających kontrolę organizacji pozarządowych nad wykonywaniem testów na zwierzętach, a nawet dostęp do informacji w tym zakresie.Tymczasem dostępność alternatywnych metod, bez wykorzystywania zwierząt, jest coraz większa, a jak twierdzą sami badacze i badaczki, wykorzystanie nowych metod może znacząco przyspieszyć wynalezienie nowych, skutecznych metod leczenia ludzi. Dlatego poprzez rezolucję PE wezwaliśmy Komisję Europejską do przedstawienia planu działania, w którym wskazana zostanie mapa drogowa odchodzenia od wykorzystywania zwierząt w testach, badaniach i edukacji.Czas na odejście od okrutnych procedur, które obecnie w samej UE pochłaniają miliony żyć oraz prowadzą do cierpienia i okaleczenia zwierząt. Czas w końcu na prowadzenie skutecznych badań, w końcu – bo trwające od dekad testy na zwierzęta w wielu dziedzinach nie przyniosły żadnych wartościowych rezultatów.
The impact of intimate partner violence and custody rights on women and children (A9-0254/2021 - Elena Kountoura, Luisa Regimenti)
Jedna na trzy. Według danych Światowej Organizacji Zdrowia tyle kobiet na świecie doświadczyło w życiu przemocy fizycznej lub seksualnej, najczęściej ze strony partnera. W Unii Europejskiej, dla której równość płci i ochrona praw człowieka stanowią według traktatów wartości fundamentalne, dane są równie przerażające. Aż 22% kobiet doświadczyło przemocy fizycznej lub seksualnej, a 43% przemocy psychicznej ze strony obecnego lub byłego partnera.Każda z tych liczb to indywidualny dramat, który nigdy nie powinien był się wydarzyć. Jednocześnie każda z tych „prywatnych” historii to sprawa publiczna. Przemoc ze względu na płeć, w tym przemoc ze strony partnera, ma charakter systemowy, a jej źródłem są nierówności płci. Unia Europejska musi przyjąć przepisy prawne, zobowiązując państwa członkowskie nie tylko do ochrony ofiar wszelkich form przemocy ze względu na płeć, ale też do przeciwdziałania im, poprzez środki wymierzone w źródła przemocy.W rezolucji w sprawie wpływu, jaki przemoc ze strony partnera wywiera na kobiety, dzieci oraz prawo do opieki nad dzieckiem, Parlament Europejski po raz kolejny powtórzył to skierowane do Komisji i państw członkowskich wezwanie. Ponownie zaapelował też o niezwłoczną ratyfikację konwencji stambulskiej. Oczywiście głosowałam za, bo niezmiennie trzymam stronę kobiet. Czy Komisja Europejska i Rada także?
Farm to Fork Strategy (A9-0271/2021 - Anja Hazekamp, Herbert Dorfmann)
Strategia „Od pola do stołu” jest jednym z najważniejszych elementów Europejskiego Zielonego Ładu, który mógłby i powinien mieć realny wpływ na reformę europejskiego modelu żywności. Obecny system produkcji i konsumpcji żywności w UE nie jest ani zrównoważony, ani bezpieczny dla zdrowia ludzi, ani etyczny.Strategia była szansą na odejście od modelu starego rolnictwa, negatywnie wpływającego na klimat i środowisko, ale także szkodliwego dla zdrowia i jakości życia mieszkańców i mieszkanek UE. Strategia mogła być szansą na odchodzenie od przemysłu, który powoduje cierpienie i śmierć miliardów zwierząt.W głosowaniu poparłam m.in. możliwość wprowadzenia elastycznych stawek VAT na żywność – opartych o wpływ określonych produktów na zdrowie i środowisko, w tym możliwość 0 % podatku na zdrowe i zrównoważone produkty – i wyższego VAT na produkty niezdrowe i mające większy ślad środowiskowy. Te propozycje wychodzą naprzeciw postulatom z mojej Piątki dla branży roślinnej. Zagłosowałam także za rozwiązaniami mającymi na celu lepsze znakowanie produktów zawierających mleko i mięso, co jest niezbędne, aby umożliwić konsumentom i konsumentkom podejmowanie świadomych wyborów żywieniowych.Niestety, kształt całego, obszernego sprawozdania PE w tej sprawie pokazuje, że lobby hodowlane i Meat Party nadal mają ogromny wpływ na unijne procesy legislacyjne. A władze UE zamiast słuchać ludzi nauki i społeczeństwa obywatelskiego, słuchają tych, którzy są odpowiedzialni za katastrofę klimatyczną, ubóstwo żywieniowe i cierpienie zwierząt.
The first anniversary of the de facto abortion ban in Poland (B9-0543/2021, B9-0544/2021)
Mija rok od wyroku tzw. TK, niemal całkowicie zakazującego legalnej aborcji w Polsce. Tu, w Parlamencie, powiedziałam, że w Polsce nie ma już praworządności i nie ma praw kobiet. Niestety ze strony Komisji Polki usłyszały wtedy, że to nie są kompetencje Unii.Obecnie media alarmują o kolejnych śmiertelnych przypadkach Polek w ciąży, którym na czas nie wykonano aborcji. Są one nie tylko wynikiem zeszłorocznego orzeczenia tzw. TK, ale także wieloletnich zaniedbań poprzednich rządów i braku skuteczności Komisji Europejskiej w egzekwowaniu przestrzegania zasady praworządności przez Polskę. Bo prawa kobiet to kwestia praworządności.Najwyższy czas, aby w całej Unii wszystkie kobiety miały zagwarantowany dostęp do bezpiecznej, legalnej, bezpłatnej i wysokiej jakości terminacji ciąży. Wykonanie aborcji nie powinno być ujęte w kodeksie karnym, nie powinno być ograniczeń w dostępie do antykoncepcji awaryjnej, klauzula sumienia nie powinna stać na przeszkodzie realizacji prawa do świadczeń zdrowotnych, a Komisja i Rada powinny wesprzeć obrończynie i obrońców praw człowieka i chronić ich przed atakami, których doświadczają, bo działają na rzecz praw kobiet. O tym wszystkim mowa w rezolucji Parlamentu Europejskiego. Dlatego głosuję „za”.
Common agricultural policy - support for strategic plans to be drawn up by Member States and financed by the EAGF and by the EAFRD (A8-0200/2019 - Peter Jahr)
Zagłosowałam przeciwko nowej wspólnej polityce rolnej, która de facto jest starą, antyklimatyczną i antyzwierzęcą polityką. To kontynuacja polityki Unii Europejskiej prawnie sankcjonującej system żywności, który dostarcza niezdrowej i nieetycznej żywności, generuje ogromne emisje gazów cieplarnianych, niszczy bioróżnorodność i jest źródłem cierpienia miliardów zwierząt pozaludzkich.„Nowa” WPR stanowi także zagrożenie dla realizacji Europejskiego Zielonego Ładu, jest bowiem z nim sprzeczna, w tym z zaprezentowaną w zeszłym roku przez Komisję Europejską strategią „Od pola do stołu” (Farm to Fork – F2F). Podczas gdy strategia F2F przewiduje rewizję legislacji dotyczącej dobrostanu zwierząt, w WPR nie udało się uwzględnić żadnych elementów w tym zakresie. Co więcej, rozporządzenie odnoszące się do krajowych planów strategicznych jedynie w swojej preambule nawiązuje do ich zgodności z Europejskim Zielonym Ładem, w tym ze wspomnianą strategią.Niektóre kraje członkowskie już dziś twierdzą, że ta regulacja nie nakłada na nie prawnego obowiązku odzwierciedlenia celów Europejskiego Zielonego Ładu w ich planach strategicznych, i otwarcie sprzeciwiają się możliwości odrzucenia ich propozycji na tej podstawie.UE potrzebuje prawdziwej zielonej rewolucji, prawdziwego zielonego ładu, a nie polityki kontynuacji oraz małych kroków. Potrzebujemy nowej WPR, która powstanie w partnerstwie z ludźmi nauki, aktywistkami i aktywistami klimatycznymi i prawnozwierzęcymi, a nie z mięsnym lobby.
Conclusions of the European Council meeting of 24-25 March 2022: including the latest developments of the war against Ukraine and the EU sanctions against Russia and their implementation (RC-B9-0197/2022, B9-0197/2022, B9-0200/2022, B9-0201/2022, B9-0203/2022, B9-0210/2022, B9-0211/2022)
Kiedy w 2001 w Nowym Jorku obserwowałam proces żołnierzy z byłej Jugosławii oskarżonych o gwałty na kobietach, nie sądziłam, że kiedykolwiek dojdzie do takich zbrodni w Europie. A teraz widzimy bombardowane miasta, słyszymy historie o gwałconych kobietach, dziewczynkach, o rodzicach zabijanych na oczach dzieci strzałem w tył głowy. Media donoszą o masowych grobach, egzekucjach, ciałach porozrzucanych na ulicach ukraińskich miast. W tej izbie nie mamy wątpliwości, że winni muszą zostać surowo osądzeni – w imię sprawiedliwości, w interesie ofiar i całej demokratycznej społeczności.Ukraina oczekuje od nas zaostrzenia sankcji wobec Rosji. I nie możemy już dłużej zwlekać. Bo tam, gdzie chodzi o prawa człowieka, bezpieczeństwo, godność i życie ludzi, nie można kalkulować, co jest bardziej korzystne dla europejskich gospodarek.Czas na nowy, tym razem skuteczny pakiet sankcji, które zatrzymają rosyjską machinę wojenną. Czas na całkowite embargo na import rosyjskich surowców energetycznych, zamknięcie wszystkich portów dla rosyjskich statków i towarów, odłączenie wszystkich bez wyjątku rosyjskich banków od SWIFT czy objęcie wszystkich bez wyjątku rosyjskich oligarchów sankcjami!Wzywamy Komisję Europejską oraz pozostałe instytucje unijne i państwa członkowskie do poszerzenia sankcji. Bo zbrodnie w Buczy to ostatni dzwonek!
The impact of the war against Ukraine on women (B9-0219/2022)
Rosyjska inwazja na Ukrainę to również wojna przeciwko ukraińskim kobietom. Przeciwko uchodźczyniom, które – najczęściej ze swoimi dziećmi – zmuszone zostały do ucieczki, i przeciw kobietom, które w wyniku wojny doświadczyły gwałtów, molestowania seksualnego oraz tortur. Naszym obowiązkiem jest zapewnienie im konkretnego wsparcia – realizacji podstawowych praw człowieka, bezpieczeństwa, wolności, godności. Uchodźczynie, w tym uchodźczynie będące ofiarami zbrodni wojennych, powinny mieć dostęp także do antykoncepcji awaryjnej oraz aborcji.Obowiązkiem Komisji Europejskiej jest zapewnienie kobietom dotkniętym wojną dostępu do pełnego zakresu usług w zakresie zdrowia seksualnego i reprodukcyjnego. Niestety w Polsce, gdzie najczęściej trafiają uchodźczynie, dostęp do takich świadczeń zdrowotnych jest ograniczony. Restrykcyjna ustawa antyaborcyjna, praktyka stosowania jej przepisów jeszcze bardziej zawężająca i tak ograniczone możliwości aborcji, stosowanie przez lekarzy klauzuli sumienia oraz decyzja TK, wyłączająca możliwość wykonywania aborcji z przyczyn eugenicznych, dają obraz sytuacji, w której istnieje duże ryzyko, że uchodźczynie nie otrzymają przysługujących im świadczeń zdrowotnych.Niestety, Komisja od dawna ignoruje kwestię braku dostępu do aborcji. Powtarza, że ochrona zdrowia oraz prawo do aborcji wykracza poza kompetencje UE. Zamiast szukać rozwiązań prawnych szuka kolejnych wymówek. Najwyższy czas, aby Komisja zaczęła działać w tej sprawie, wykorzystywać wszystkie dostępne jej narzędzia, skupiła się na szukaniu rozwiązań, w tym, jeśli to konieczne, rozpoczęła rozmowy o zmianie traktatów.
Striving for a sustainable and competitive EU aquaculture: the way forward (A9-0215/2022 - Clara Aguilera)
Aby wyhodować jednego łososia, trzeba złowić nawet 300 dzikich ryb. Czy to jest zrównoważony rozwój? Około 25% wszystkich złowionych dziko żyjących ryb służy do produkcji karmy dla tzw. ryb hodowlanych, następnie zabijanych na jedzenie dla ludzi. Współczesna akwakultura to tłok, w którym ryby cierpią z powodu stresu oraz obrażeń fizycznych, są skazywane na powolną i bolesną śmierć przez uduszenie lub zmiażdżenie, są patroszone żywcem.Prawo UE wprost zakazuje transportowania zwierząt w sposób powodujący cierpienie, a jednak żywe ryby dalej sprzedawane są np. na targach. Zwierzęta wyjęte z wody mogą umierać przez ponad godzinę, dusząc się.Mamy 2022 r., a ludzie planują otwarcie pierwszej na świecie fermy ośmiornic, choć zgodnie z faktami naukowymi ośmiornice to czujące i myślące zwierzęta, a funkcjonowanie fermy będzie zagrażać przyrodzie.Głosowałam przeciwko przyjęciu sprawozdania, bo większość parlamentarna zignorowała głosy nauki. Meat Party w PE nie chce, żeby zalecenia dotyczące dobrostanu zwierząt miały zastosowania do sektora rybołówstwa i akwakultury. Meat Party w PE chce zezwalać na tworzenie sektora hodowli ośmiornic.
Towards equal rights for persons with disabilities (A9-0284/2022 - Anne-Sophie Pelletier)
W 2022 r. nadal nie możemy mówić o Unii równości i wolności. Osoby z niepełnosprawnościami są wciąż systemowo dyskryminowane, nie mogąc cieszyć się najbardziej podstawowymi prawami, w tym dostępem do usług. Wystarczy przypomnieć, że projekt dyrektywy dotyczący osób z niepełnosprawnościami jest blokowany w Radzie od 14 lat. Mimo licznych wezwań i apeli Rada i Komisja nie załatwiły systemowo problemów osób z niepełnosprawnościami, zajmując się innymi sprawami postrzeganymi za bardziej priorytetowe.Rezolucja, której byłam sprawozdawczynią, porusza także temat grupy szczególnie dyskryminowanej – kobiet z niepełnosprawnościami. To osoby bardziej narażone na przemoc fizyczną, seksualną, psychiczną, ekonomiczną, w tym przemoc w rodzinie. Rezolucja wzywa do wprowadzenia i dostępności mechanizmów zgłaszania przemocy, której doświadczają osoby z niepełnosprawnościami, a także systemowego wsparcia ofiar.Kobiety i dziewczęta z niepełnosprawnościami bardzo często pozbawiane są dostępu do opieki zdrowotnej w zakresie zdrowia reprodukcyjnego, w szczególności do opieki ginekologicznej. W 2022 r. nadal w wielu państwach kobiety z niepełnosprawnością ruchową są wnoszone na fotel ginekologiczny przez recepcjonistę i lekarkę, a tłumaczami kobiet głuchych w gabinetach są ich małoletnie dzieci.Zagłosowałam za rezolucją, bo obecna sytuacja przeczy wartościom unijnym, bo najwyższy czas, żeby te wartości nie istniały jedynie na papierze, bo najwyższy czas na Unię równości.
Written questions (162)
Forest fires in the Amazon, global climate change and the impact of agreements concluded between the EU and Mercosur states
Right of access to public information and environmental protection in the context of Directive 2011/92/EU, in relation to amendments to Polish national law
Protection of European consumers in light of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011
The EU Justice Scoreboard and administrative and criminal justice in relation to COM(2019)0343
Equal pay for women and men
Quotas in state-owned enterprises
Construction of the S7 motorway in Małopolska (Poland) in violation of EU Law
Guaranteed minimum pension and discrimination against women in the amount of pensions
Immediate removal of perpetrators of domestic violence
Right to safe termination of pregnancy on demand in connection with cross-border healthcare in the EU
Coca-Cola fined for LGBTI campaign in Hungary
Infringement proceedings relating to the transposition of Directive 2010/63/EU and the investigation into alleged cruelty and unlawful actions at the Laboratory of Pharmacology and Toxicology (LPT)
Poland’s non-compliance with the PCB Directive (96/59/EC)
Access to modern contraception and sound sex education
Climate emergency and meat consumption
Access to a gynaecologist and guarantee of high standards of perinatal care
IVF reimbursement guarantee
Maintenance payments collected by tax authorities / Member State cooperation in matters relating to maintenance
Systemic support for persons with a disability and their family/Women with a disability
Guaranteed nursery place for every child
Nuisance odours, human rights and protecting the environment
Foie gras and clinical pathology in animals
Delay in publishing the report on statistical information on the use of animals for scientific purposes
Australia, climate emergency and intensive animal production
Farm to Fork strategy and subsidising industrial animal farms in the EU
Animal welfare in the starter and growth stages of foie gras production
The EU disability card
New requirements for palm oil imported into the European Union, environmental protection and respect for the rights of workers
Precautionary allergen labelling in pre-packaged food
Suspension of the ‘Meat (cattle, pigs, sheep)’ and ‘Sea fish for human consumption’ pilot programmes
Assessment of EU-funded projects with regard to their potential impact on the health of EU citizens, the environment and the climate
EU funding of campaigns to market meat and animal products
The Farm to Fork strategy – consultations
From Farm to Fork – first actions
EU action to counteract negative effects of livestock farming
E-PRTR health check and Commission plans
E-PRTR and large-scale consultations with the public and with representatives of the meat, dairy and food industries
The ‘polluter pays’ principle and the Common Agricultural Policy (CAP)
EU action concerning the impact of ammonia on the environment, human health and animal welfare
African swine fever: the Commission’s position and the action it has taken
Protection of European consumers and foie gras production
Further steps by the Commission on combating violence against women
Research into force-feeding of animals to produce foie gras
Animal experiments: non-EU testing
Protection of animals used for scientific purposes under Directive 2010/63/EU
The Vistula Spit canal and the Commission's activities
Private higher education during the pandemic
Nuisance odours from industrial farming and action taken by the Commission
Mechanism linking the rule of law to EU funds
Farm to Fork Strategy: exclusion of meat and dairy-related measures from the final roadmap
The true cost of meat – Commission action concerning the real environmental cost of meat production
The principle of equal treatment of women and men in employment and occupation and entitlement to maternity benefits
Violence against women in Pakistan
The problem of the irrecoverability of maintenance and the Commission’s actions
Value of research into non-animal methods in projects approved under Horizon 2020
Transport of very young or unweaned animals in the context of the requirements set out in Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations
Farm to Fork Strategy
Implementation of the Commission’s Declaration on combating violence against women
Farm to Fork Strategy and Precautionary Allergen Labelling
The Commission’s efforts to tackle the spread of racism and hate speech on big tech platforms such as Facebook
Breaches of LGBTI activists’ human rights in Poland
EU action in connection with the situation in Belarus
Mass arrest of LGBTI activists in Poland
Control over the spending of EU funds to help entrepreneurs in Wielkopolskie province, Poland
Transposition of Directive 2010/63/EU into Polish law
Reinstatement of the operating permit of the Laboratory of Pharmacology and Toxicology (LBT) in Lower Saxony
State of play of the EU’s ratification of the Istanbul Convention
The future of the Horizontal Directive – the Commission’s plans and actions
Nitrogen emissions linked to animal farming
Hate speech against LGBTI persons by Polish governmental officials
Vans inciting hate speech against LGBTI persons in Poland
Enforcing the Commission’s guides to good and better practices for animal transport
Health issues of people living next to large-scale animal farms
Crackdown on reproductive rights in Poland amid the ongoing crisis of the rule of law
New strains of COVID-19 and the need to put a final stop to mink farming in the EU
Lack of Commission response to complaints about alleged unlawful State aid and its impact on media freedom in Hungary
Recently proposed bills in Hungary infringing on the rights of LGBTI persons
New evidence of push‑backs at the Croatian border – will the Commission now finally start to react?
Adding gender-based violence to the list of EU crimes
Food safety risks of imported meat from stolen and unidentified horses from Argentina
Combating gender-based cyberviolence
Antimicrobial resistance (AMR) and live animal transport
Inhumane treatment of live fish sold on markets and in supermarkets.
Judicial immunity under threat in Poland
The importance of plant-based alternatives in the shift to a more sustainable food production model
Individualised academic learning pathways for students with disabilities
The EU’s position at the UN Food Systems Summit
State of play of the Commission’s response to ‘LGBT-free zones’ in Poland
Resumption of logging activities on the Puszcza Białowiska site
Deinstitutionalisation of support services for persons with disabilities
Deepening of the river Odra with financial support from the European Union
Conclusion of the EU’s accession to the Istanbul Convention
Legal consequences of a denouncement by a Member State of an international agreement signed by the European Union
Emissions from the agricultural sector and Commission plans for activities in the context of the ‘Ready to meet the 55% goal’ package
Follow-up to the question on the importance of plant-based alternatives in the shift to a more sustainable food production model (E-000086/2021)
How the Commission implements the Gender Equality Strategy: the campaign to combat gender stereotypes
How the Commission is implementing the EU Gender Equality Strategy: EU network for the prevention of gender-based violence
Follow up to the question on the exclusion of students with disabilities from PISA tests
Attack on the independence of the Polish Commissioner for Human Rights
Industrial farms and the quality of life of people living in their vicinity
Ensuring the availability of EU funding for final recipients – Regulation No 2020/2092 on a general regime of conditionality for the protection of the Union budget
Animal abuse and breaches of Directive 2010/63/EU at Vivotecnia, Spain
Evaluation of Poland's draft National Recovery Plan
Ensuring fair and transparent allocation of NextGenerationEU funding
Siarzewo Dam and the EU Habitats, Birds, EIA and Water Framework Directives
Protection of persons with disabilities from discrimination outside employment
Situation of women and girls with disabilities
Sustainability impact assessment on the trade agreement between the EU and Mercosur
So-called LGBT-free zones in Poland violate the principle of non-discrimination in EU cohesion policy
Restrictions on the participation of environmental organisations in proceedings under Polish law and EU legislation
The Commission’s reaction to the ruling of the Polish Constitutional Tribunal on compliance with the Court of Justice of the European Union’s interim measures
The possible violation of Article 49 of the Treaty on the Functioning of the European Union by a new Polish media bill
The Spotlight Initiative and funds to combat gender-based violence
Improving the early detection of breast cancer as part of Europe’s beating cancer plan
Mass slaughter of dolphins and whales in the Faroe Islands and the role of Danish authorities
Shortening the supply chain in line with the goals of the Farm to Fork Strategy and the livestock sector in the EU
Interim measures with respect to the situation of asylum-seekers in Poland, Latvia and Lithuania
Follow-up to the Commission Green Paper on Ageing
European care strategy
Commission recommendation on the prevention of harmful practices
Romania’s failure to implement the Coman and Hamilton judgment
Written question on the death of a pregnant Polish woman after being denied an abortion
Stepping up EU action on safeguarding the rights of transnational families
Reduced VAT rates for animal products
Achieving environmental and climate targets under the EU Strategy for Sustainable Textiles through new binding legislation and aligned financial flows
EU strategy for sustainable textiles and subsequent legislation and the need to reduce the textile industry’s greenhouse gas emissions
State of play regarding the ratification of the Istanbul Convention by the EU
The EU and the international debate on the human rights of older people
Access to safe abortion for women fleeing the war in Ukraine
War in Ukraine and food security: actions by the Commission to encourage urgent shift to plant proteins
Ukrainian refugees with disabilities
Ending the harmful exposure of children to unhealthy food marketing
Construction of a wall on the Polish-Belarusian border in the Białowieża Forest
Inclusion of detailed rules on fish transport in the upcoming review of Council Regulation (EC) No 1/2005
Access to EU funding for LGBTI organisations in Ukraine in the context of Russia’s invasion
Octopus farm planned by Nueva Pescanova in las Palmas, Gran Canaria, Canary Islands
EU support for Ukrainian refugees with disabilities
Lack of transparency concerning the potential environmental impacts of the Lynetteholm project on the Baltic Sea
Lesbian human rights defenders sentenced to death in Iran
Fish slaughter – stunning before slaughter
The Commission’s stance on banning live-bait fishing
Dissemination and political use of the controversial Frontex report on NGOs as a ‘pull factor’
EU cardiovascular health strategy and gender equality
Selection and pre-selection of Ordo Iuris as a member of EU fund monitoring committees
Threat to public health posed by fur farms
Discrimination by Microsoft Bing’s Image Creator, which blocks queries relating to LGBTI couples
Importation of non-human primates into the EU for research and toxicity testing purposes and Commission plans for a phase-out
Actions by the Hellenic Coast Guard in the shipwreck incident of 14 June 2023 off Greek coast
Removing the minimum liver weight requirement for foie gras production
Methane emissions in agriculture, in particular animal farming
The right of persons with disabilities to participate in the electoral process
Ensuring safety and health at work for domestic workers
Rise of antisemitism and hate speech in Bulgaria
EU Memorandum of Understanding with Tunisia: lack of call for release of political prisoners, legal basis, and human rights conditionality
Legal protection of rainbow families in Italy
The systematic detention of migrants and the conditions in detention centres in Greece
Publication of the EU legislative framework for sustainable food systems before the end of the year
Commission, where is the promised animal welfare legislation?
Construction of A2 motorway in Poland in areas protected under EU law
Making Europe a leader in food innovation: fostering an efficient regulatory pathway for fermentation-enabled foods
Recognising the potential of innovative fermentation technologies to foster a resilient and sustainable food system
Legal protection of rainbow families in Italy
Individual motions (1)
MOTION FOR A RESOLUTION on the health and lives of people living near farms
Amendments (1378)
Amendment 20 #
2023/0008(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) This Regulation is without prejudice to Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive 2002/58/EC of the European Parliament and of the Council.38 Within their respective scope of application, the latter Regulations are to apply to the processing of personal data under this Regulation. In particular, statistics should be produced by processing anonymised data. Only where statistics cannot be produced by processing anonymised data, pseudonymised data should be processed. _________________ 38 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
Amendment 1 #
2022/2138(INI)
Motion for a resolution
Citation 2
Citation 2
— having regard to Articles 8, 10, 19, 83, 153 and 1957 of the Treaty on the Functioning of the European Union (TFEU),
Amendment 7 #
2022/2138(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the Commission communication of 12 November 2020 entitled ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’ (COM(2020)698)
Amendment 9 #
2022/2138(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to its resolution of 11 September 2018 on measures to prevent and combat mobbing and sexual harassment at workplace, in public spaces, and political life in the EU,
Amendment 13 #
2022/2138(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to its resolution of 6 December 2021 on recommendations to the Commission on combating gender- based violence: cyberviolence
Amendment 15 #
2022/2138(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
— having regard to its resolution of 14 February 2023 on the Council of Europe Convention on preventing and combating violence against women and domestic violence: EU accession,
Amendment 16 #
2022/2138(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to Article 12a of the EU Staff Regulations;
Amendment 17 #
2022/2138(INI)
Motion for a resolution
Citation 16
Citation 16
— having regard to Rule 10 (6) and 54 of its Rules of Procedure,
Amendment 18 #
2022/2138(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard to the Bureau Decision of 2 July 2018 on the functioning of the advisory committee dealing with harassment complaints concerning Members of the European Parliament and its procedures for dealing with complaints,
Amendment 30 #
2022/2138(INI)
Motion for a resolution
Recital B
Recital B
B. whereas ‘’sexual harassment’’ is a form of gender-based violence and an extreme form of gender-based discrimination which affects women and girls disproportionally; whereas sexual harassment is often linked to otherdefined in EU law as an incident ‘where any forms of discrimination in addition to gender- based discrimination and has to be addressed with an intersectional approach and from all its anglesunwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person or resulting in other forms of physical, psychological, sexual and economic harm, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment’;
Amendment 34 #
2022/2138(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas “sexual harassment at work” means any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, where it occurs in the course of, linked with, or arising from the world of work including service relationships, informal and undocumented work, with the purpose or effect of violating the dignity a person or resulting in other forms of physical, psychological, sexual and economic harm, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment, including where a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for job- related decisions; whereas sexual violence and harassment in the workplace is a matter of health and safety and should be treated and prevented as such;
Amendment 40 #
2022/2138(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Amendment 43 #
2022/2138(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas gender-based discrimination, including sexual harassment, can be exacerbated where it intersects with discrimination based on gender or sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, gender identity, gender expression, sex characteristics, language, religion or belief, political or any other opinion, membership of a national minority, birth, dissability, age, sexual orientation, anbd socioeconomic class; whereas sexual harassment and intersectional harassment needs to be addressed with an intersectional approach and from all its angles;
Amendment 49 #
2022/2138(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the proportion of women who have ever worked and have experienced any unwanted behaviour with a sexual connotation in the workplace varies between Member States, ranging from 11 % to 41 %7 ; _________________ 7 EU survey on gender-based violence against[7]; whereas every second womean and other forms of inter- personal violence (EU-GBV) – first results – 2022 edition.in the EU has experienced sexual harassment at least once since the age of 15;
Amendment 52 #
2022/2138(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the percentage of people experiencing sexual harassment is higher when they are part of one or more marginalized groups; whereas 21% of LGBTIQ+ felt discriminated against at work, whereas the percentage is even higher for trans (35%) and intersex (32%) people1a; _________________ 1a https://fra.europa.eu/en/publication/2020/ eu-lgbti-survey-results
Amendment 55 #
2022/2138(INI)
Motion for a resolution
Recital D
Recital D
D. whereas sexual harassment is widespread but under-reported; whereas harassment in the workplace has serious consequences for the physical and psychological health and well-being of employees and therefore its prevention and treatment should be a priority for every due to a number of reasons, such as low public awareness of what constitutes sexual harassment and whether it is punishable by law, a lack of effective, transparent, reliable and independent systems of reporting and victim support and protection in the workplace and by law authorities, a lack of information on where and how to report forms of sexual harassment or a general fear of reporting related to possible re-victimization or retaliation by the perpetrator or in cases of sexual harassment in the workplace, a fear of termination of contract by the employer;
Amendment 61 #
2022/2138(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas harassment in the workplace has serious consequences for the physical and psychological health and well-being of employees and therefore its prevention and treatment should be a priority for every employer; whereas sexual harassment in the workplace is particularly prevalent in sectors with low levels of job security, such as sectors characterised by high rates of short-term freelance contracts;
Amendment 64 #
2022/2138(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas sexual harassment continues to represent serious problems in a variety of social settings, including the workplace, public spaces, virtual spaces such as the internet, and political life, and are increasingly being carried out using new technologies, for example websites or social networks, enabling perpetrators to feel safe under cover of anonymity; whereas sexual harassment online can constitute amongst other things non- consensual sharing of intimate content, cyberstalking, exploitation, coercion or threats of a sexual nature, sexualised bullying and unwanted sexualisation;
Amendment 70 #
2022/2138(INI)
Motion for a resolution
Recital E
Recital E
E. whereas thseveral Member States have made progress made in addressing the issue of sexual harassment after the MeToo movement is not sufficient and there is still a lot to be done within the European institutions and beyond; whereas the European institutions have started tospread globally and in Europe by adapting their internal rules and procedures in order to better identify, counter and sanction harassment; whereas the implementation of prevention melegislation and policies in that regard, however emphasizes that sufficient chanismges has given rise to a certain degree of reluctance resulting not only from ignorance of the phenomenon of harassment but also from the lack of clarity of the existing legal rulesve not been made and there is still a lot to be done to eliminate harassment in the EU;
Amendment 73 #
2022/2138(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the European institutions have started to adapt their internal rules and procedures in order to better prevent, identify, counter and sanction harassment; whereas the implementation of prevention mechanisms and reforms of anti-harassment procedures in the European Parliament, as called for in the EP resolution of 16 December 2021 on MeToo, has been met with a certain degree of reluctance to implement these calls, resulting not only from ignorance of the phenomenon of harassment but also from the lack of clarity of Parliament’s legal rules;
Amendment 84 #
2022/2138(INI)
Motion for a resolution
Recital F
Recital F
F. whereas in its previous resolutions, Parliament called for the introduction of several internal concrete measures introducing a zero-tolerance approach but, several years on, only some of them have been fully implemented and more needs to be done;
Amendment 88 #
2022/2138(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the European institutions in general and the European Parliament in particular, as a legislator, should set an example for all employers in all their diversity; whereas Members of the European Parliament, both as the directly elected representatives of EU citizens and as legislators, have a special responsibility to carry out their duties respecting the highest standards and EU law;
Amendment 101 #
2022/2138(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Strongly supports the international MeToo campaign, first founded by activist Tarana Burke in 2006 to help victims of sexual violence, and spread globally in 2017 after #MeToo went viral; applauds the millions of people who came forward with their stories of sexual violence to break the silence and seek justice;
Amendment 109 #
2022/2138(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates its call for the EU and theall Member States to swiftly ratify the Istanbul Convention; is convinced that the EU and the Member States should learn from the crises andbe alert to backlashes against gender equality by adopting and implementing concrete, efficient and ambitious rules and policies on preventing and combating gender-based violence;
Amendment 112 #
2022/2138(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 113 #
2022/2138(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Reiterates its call on the Council to activate the passerelle clause by adopting a unanimous decision identifying gender- based violence as one of the areas of crime listed in Article 83(1) of the TFEU;
Amendment 117 #
2022/2138(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls that EU law requires Member States, EU institutions and agencies to ensure that an equality body is in place to provide independent assistance to victims of harassment, conduct independent surveys, collect relevant, disaggregated and comparable data, conduct research on definitions and classifications, publish independent reports and make recommendations on matters of employment and training, on access to and the supply of goods and services, and for the self-employed; welcomes the new proposal for two Directives from the European Commission of 7 December 2022 that aim to establish binding standards for equality bodies in the field of equal treatment;
Amendment 120 #
2022/2138(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Welcomes the Fundamental Rights Agency survey on violence against women conducted in 2014, and welcomes the new FRA EU-wide survey planned for 2024; emphasizes the importance for having frequent disaggregated data on gender- based violence as to map the scale of the issue , calls on the Commission and Member States to do everything necessary to make this a reality;
Amendment 123 #
2022/2138(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is convinced that the European institutions should behave as exemplary employers and establish zero-tolerance standards for harassment and work actively on prevention of harassment, adequate victim protection and support, and countering all forms of discrimination and should apply strict implementation of its rules in this regard;
Amendment 136 #
2022/2138(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets the fact that, in spite of the progress initiated by the MeTooEP campaign, which helped to break the silence and raise awareness of the need to implement better working conditions for all staff, cases of sexual harassment still occur in the European institutions, including Parliamentanti-harassment policies to protect all people working in the European Parliament , cases of sexual harassment still occur and victims are not sufficiently supported and protected,; recalls that these cases cast a shadow over the functioning of our institutions and undermine the confidence of EU citizens in them;
Amendment 140 #
2022/2138(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls the importance of prevention, withlong-term specialized trainings and information and awareness- raising efforts, and the promotion of zero- harassment campaigns and policies; considers that the existing campaigns should be reinforcedpreventive measures shall in particular aim at empowering women and supporting men to challenge harmful gender stereotypes, educating on the concept of consent, promoting gender- equality for a safe working environment, encouraging all, to act as positive role models towards a gender violence free society; considers that the existing campaigns should be regularly updated and reinforced, in particular on intersectional and sexual harassment;
Amendment 152 #
2022/2138(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that sexual harassment cases are still under-reported because victims do not use the existing channels, demonstrating the need for further efforts with regard to the prevention of sexual harassment; because of amongst other things, the lack of a comprehensive system of reporting, support, and care for the victims of sexual harassment based on human rights standards, demonstrating the need for further efforts with regard to the prevention of sexual harassment; Calls on Member States to provide a standardized gender sensitive action protocols to secure and support all victims of sexual harassment, including victims of cross-border sexual harassment
Amendment 159 #
2022/2138(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes the importance of addressing intersectional sexual harassment, through creating an inclusive and respectful environment, where all members of the community are valued and treated with dignity, regardless of their race, gender, age, sexual orientation, gender identity, gender expression, sex characteristics, disability, or other characteristics; notes that the problem of intersectional sexual harassment should be a concern of society as a whole;
Amendment 161 #
2022/2138(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on Member States to motivate people of all genders and gender identities to combat sexual harassment and actively participate in social change; considers that sexual harassment should concern people of all genders, and society as a whole; calls on Member States to ensure that men play a positive role in combating sexual harassment and other forms of abuse and violence taking into account that 82% of sexual harassment incidents against women involve a male perpetrator; calls on Member States to provide inclusive sexuality education for all, including boys and men, to recognise and prevent sexual harassment and abuse;
Amendment 166 #
2022/2138(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls the duty of all of the European institutions to put in place all necessary policies and standardized gender sensitive action protocols to prevent and address all forms of harassment and violence, and urges them to ensure that all of the rules in place guarantee a zero-tolerance approach to any forms of misconduct and full support for all victims; calls on the European institutions to strengthen their internal rules and policies to ensure that in cases of harassment and violence, they should not only suspend the perpetrator, but also entirely remove their salary;
Amendment 169 #
Amendment 170 #
2022/2138(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
Amendment 173 #
2022/2138(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Highlights the fact that sexual harassment and violence are not commonly defined and criminalised in the EU, thus creating fragmented protections and rights for victims across Member States, proving the need for an common EU approach that can be reached through adding gender-based violence as a Eurocrime; reiterates is call to the Council to adopt this;
Amendment 175 #
2022/2138(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Calls on Member States to criminalise all forms of sexual harassment, both online and offline, and to implement mandatory specialized gender sensitive trainings for professionals coming into contact with victims of sexual violence on how to support and help victims, calls on Member States to invest in law enforcement and judicial capacities, specifically those dealing with cases of gender-based and sexual violence;
Amendment 176 #
2022/2138(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8 d. Calls on the Commission to assess, exchange and compare the existing best practices of combating sexual harassment in the workplace and to disseminate the results of this assessment as regards the effective measures that Member States could take to encourage companies, social partners and organisations involved in vocational training to prevent all forms of gender-based discrimination, in particular as regards harassment and sexual harassment in the workplace;
Amendment 177 #
2022/2138(INI)
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8 e. Notes that it is important to have a comprehensive anti-discrimination and anti-harassment policy that takes into account intersectionality and the unique experiences of marginalised groups. Education, training, and awareness- raising efforts that address intersectionality and the specific needs of marginalised groups should be provided to staff and members of the European institutions;
Amendment 178 #
2022/2138(INI)
Motion for a resolution
Paragraph 8 f (new)
Paragraph 8 f (new)
8 f. Calls on the Commission and the Member States to ensure that funding mechanisms for programmes to combat violence against women can be used for awareness raising and to support civil society organisations addressing violence against women, including sexual harassment;
Amendment 179 #
2022/2138(INI)
8 f. Calls on the Commission and the Member States to ensure that EU funding is available and accessible for organizations that design and develop anti-harassment policies, specifically in the place of work;
Amendment 180 #
Amendment 181 #
2022/2138(INI)
Motion for a resolution
Paragraph 8 g (new)
Paragraph 8 g (new)
8 g. Emphasizes that psychological and sexual harassment in the workplace is illegal and perpetrators can be subject to criminal and/or administrative proceedings;
Amendment 182 #
2022/2138(INI)
Motion for a resolution
Paragraph 8 h (new)
Paragraph 8 h (new)
8 h. Calls on Member States to ratify the International Labour Organisation Convention on Violence and Harassment (No. 190);
Amendment 183 #
2022/2138(INI)
Motion for a resolution
Paragraph 8 i (new)
Paragraph 8 i (new)
8 i. Calls on Member States to ensure effective reporting mechanisms and procedures in cases of violence and harassment in the world of work and establish necessary measures to ensure protection against the victimization of or retaliation against complainants, victims, witnesses and whistle-blowers and ensure the protection of the privacy of those individuals involved and confidentiality and ensure that requirements for privacy and confidentiality are not misused;
Amendment 184 #
2022/2138(INI)
Motion for a resolution
Paragraph 8 j (new)
Paragraph 8 j (new)
8 j. Recommends that advice on adequately addressing harassment at the workplace and ensuring a safe work environment, legal remedies available to the employer including disciplinary measures and providing the possibility of early conciliation, if the victim wishes so, and legal advice and support for victims, should be provided by external counseling services to both victims and employers;
Amendment 185 #
2022/2138(INI)
Motion for a resolution
Paragraph 8 k (new)
Paragraph 8 k (new)
8 k. Calls on the Commission and Member states to make available appropriate resources to promote the establishment and continuation of safe spaces in the workplace, both online and offline, in particular single gender safe spaces, where women in all their intersectional diversity, may go in order to exchange information, and build community networks and receive peer- support, especially to those with the goal of empowering and uplifting women in all their intersectional diversity;
Amendment 186 #
2022/2138(INI)
Motion for a resolution
Paragraph 8 l (new)
Paragraph 8 l (new)
8 l. Calls on Member States to ensure that all workers, at the start of their contract, receive information on anti- harassment procedures and policies in place, the workers’ rights in instances of harassment and violence against them in the workplace and accessing external counseling services;
Amendment 188 #
2022/2138(INI)
Motion for a resolution
Subheading 2
Subheading 2
Harassment in the European ParliamentU institutions
Amendment 196 #
2022/2138(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Insists that the measures to address sexual harassment are not strong enough and do not include all of the actions requested in previous resolutions; wWelcomes the fact that this parliamentary term is the first in which Members of the European Parliament have been required to sign a declaration confirming their commitment to complying with the Code of Appropriate Behaviour which has explicit paragraphs on harassment;
Amendment 198 #
2022/2138(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Welcomes the progress made on reforming anti-harassment policy in the different EU institutions after the MeToo movement was formed; however notes that in all institutions, improvements can be made as to better protect and support victims and sanction perpetrators;
Amendment 199 #
2022/2138(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Calls on all EU institutions and agencies to regularly exchange their best practices in tackling harassment, including anti-harassment policies, guidelines or any new provisions on how to deal with it;
Amendment 200 #
2022/2138(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. Calls for all EU institutions to introduce a network of confidential counsellors or external mediators to provide guidance and support to victims of sexual harassment and encourages cooperation between confidential counsellors in different EU bodies, which is essential for smaller bodies with fewer staff members available to provide adequate support;
Amendment 202 #
2022/2138(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the harassment prevention training offered to Members, managers in Parliament’s Secretariat and staff; is convinced, however, that voluntary harassment prevention training has proven insufficient as only 260 out of 705 Members have completed the training in this term; calls again for the introduction of mandatory training for all Membermplementation of mandatory training for all Members and staff, requests the competent Parliament bodies and services to assess what consequences could be attached for non-completion of this training, such as possible limiting of hiring staff, financial sanctions or removing the possibility to be rapporteur or office-holder in the EP, and adapt its rules accordingly; calls for a public list on the Parliament’s website with Members that have completed the training, and those who have not; emphasises as well the need for trainings to be frequently available in all EU languages;
Amendment 209 #
2022/2138(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 213 #
2022/2138(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 219 #
2022/2138(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls again for full transparency about how Parliament is addressing issues of harassment, while protecting the identity of those affected, and invites both committees to draft and publish their monitoring reports and risk assessments annually on the European Parliament website; calls again for an independent evaluation of the measures in place by external and auditors selected in a transparent procedure; recommends, in line with its previous resolutions, that a task force of independent experts be set up with a mandate to examine the situation of sexual harassment and abuse in Parliament, in order to carry out an evaluation of its existing Advisory Committee dealing with complaints between Accredited Parliamentary Assistants and Members of the European Parliament concerning Harassment and its Prevention at the Workplace and the Staff Advisory Committee for Parliament Staff on Harassment Prevention, and propose adequate changes;
Amendment 224 #
2022/2138(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks for the composition of thetwo advisory committees to be updatmerged into ensure an equal representation of external experts with proven expertise in tackling harassment in the workplace, including docone committee dealing with cases of harassment, with the composition of one Quaestors, therapists and legal experts in the domain of harassment and to change their status to full members with voting rightswo representatives of the APA and/or staff committee and three professional experts such as a doctor, psychologist and legal advisor to allow for a fair balanced composition; calls for thea crleation of a confidential register of cases over time, as already requested in the resolutions dating from 2017 and 2021r mandate and transparent selection process for these members;
Amendment 229 #
2022/2138(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Notes the importance of whistleblowers in harassment cases; reiterates its recommendation to revise the Staff Regulations, especially Article 22c thereof, in order to align it with the standards of the Whistleblower Directive; calls on the Bureau, in the interim, to immediately revise Parliament’s Internal Rules Implementing Article 22c of the Staff Regulations to bring them in line with the protections provided for in the Whistleblower Directive;
Amendment 234 #
2022/2138(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the European Ombudsman to provide coherent information on an annual basis to Parliament’s High-Level Group on Gender Equality and Diversity regarding complaints about maladministration relating to gender equality in Parliament and to other EU institutions;
Amendment 236 #
2022/2138(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the European Parliamentary Research Service to commission a study on the added value of whistle-blower platforms in workplaces and how it could be applicable within the EU institutions, the outcomes and recommendations of which should be presented in a workshop or hearing with exchanges of views in relevant Parliament committees;
Amendment 239 #
2022/2138(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Calls on the European institutions to strengthen their internal rules and policies to ensure that in cases of harassment and violence, they should not only suspend the perpetrator, but also entirely suspend their salary and other connected income or end their contract;
Amendment 241 #
2022/2138(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Calls on the European institutions to implement an external audit on the situation of harassment in their institution, including the review of existing procedures and systems in place that deal with cases of harassment, and make reforms on the basis of the conclusions and recommendation of that audit and make it public;
Amendment 4 #
2022/2049(INI)
Draft opinion
Citation 4 (new)
Citation 4 (new)
- having regard to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) of 18 December1979
Amendment 7 #
2022/2049(INI)
Draft opinion
Citation 7 (new)
Citation 7 (new)
- having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘the Istanbul Convention’) of 11 May 2011
Amendment 9 #
2022/2049(INI)
Draft opinion
Citation 9 (new)
Citation 9 (new)
- having regard to the International Covenant on Economic, Social and Cultural Rights and the General Comments of the Committee on Economic, Social and Cultural Rights,
Amendment 11 #
2022/2049(INI)
Draft opinion
Citation 11 (new)
Citation 11 (new)
- having regard to the Beijing Platform for Action and the Programme of Action of the International Conference on Population and Development, and the outcomes of their review conferences;
Amendment 19 #
2022/2049(INI)
Draft opinion
Recital B (new)
Recital B (new)
B. whereas gender equality is paramount to the development of free and equal societies; whereas the human rights of women, girls &non-binary people are still not guaranteed throughout the world and the space for civil society organisations, especially women’s rights, feminist and grassroots organisations is shrinking in many countries;
Amendment 22 #
2022/2049(INI)
Draft opinion
Recital E (new)
Recital E (new)
E. whereas there is an ongoing oppressive backlash against women’s and LGBTIQ peoples rights throughout the world;
Amendment 28 #
2022/2049(INI)
Draft opinion
Recital K (new)
Recital K (new)
K. whereas environmental problems – caused and exacerbated by climate change – are currently responsible for the growth of forced migration and subsequent erosion of human rights, and whereas there is therefore an increasing link between asylum-seekers and areas of environmental decline; whereas there is a need for better protection and resettlement of ‘climate refugees’, and for special attention to be given to women who are most vulnerable;
Amendment 40 #
2022/2049(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 47 #
2022/2049(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 55 #
2022/2049(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 60 #
2022/2049(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses the importance of ensuring true gender equality, for all people, throughout the world; emphasizes the role of gender equality in ensuring equal enjoyment of fundamental rights and subsequent access to services such as healthcare, education, decent work, housing, and care;
Amendment 66 #
2022/2049(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 71 #
2022/2049(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Highlights that LGBTIQ+ women, migrant and racialized women, women with disabilities and older women among others face intersectional discrimination; Calls for EU internal and external action to take into account intersecting identities and discriminations and to recognise that women and girls in all their diversity as well as non-binary people, are affected differently by gender inequalities as they are compounded by other forms of oppression;
Amendment 80 #
2022/2049(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 85 #
2022/2049(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that the harmful effects of climate change and ecosystem degradation are being borne disproportionately by the poor, notably women and young people, as well as by indigenous peoples and other natural resource-dependent communities and calls the EU to commit towards gender transformative climate actions in both internal and external actions;
Amendment 98 #
2022/2049(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 103 #
2022/2049(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 110 #
2022/2049(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Underlines that the after effects of the Covid-19 pandemic continue to exacerbate existing inequalities disproportionately affecting the lives of marginalised groups, preventing access to essential services including SRHR services and gender based violence support;
Amendment 113 #
2022/2049(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Deplores the ongoing Russian aggression against Ukraine, the hostile regime of the Taliban in Afghanistan and the continued oppression of women and girls throughout many countries in the world; Highlights the gender aspects of these conflicts and the disproportionate negative effects of war on already marginalised communities;
Amendment 117 #
2022/2049(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Stands in solidarity with protesters in Iran; reaffirms the right of women throughout the world to bodily autonomy and freedom of expression, including the right to choose their dress, free from state interference, coercion and fear of violence;
Amendment 119 #
2022/2049(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6 e. Condemns targeted violence against women and girls in situations of armed conflict; calls for decisive action to put an end to sexual violence as a weapon of war and end the impunity of those guilty of these actions and to raise awareness about the specific situation and discriminations experienced by war children; Calls on the EU to ensure that humanitarian assistance is based on genderresponsive needs assessments that regularly consult civil society organisations and survey women, including those who are internally displaced;
Amendment 124 #
2022/2049(INI)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6 f. Condemns all forms of gender based violence including violence against LGBTIQ+, gender non-conforming and gender diverse people, including stigmatisation, arbitrary detention, torture, persecution and killings, so-called conversion therapy, genital mutilation and forced sterilisation and the incitement to violence against them;
Amendment 125 #
2022/2049(INI)
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6 g. Recalls that access to sexual and reproductive health services is a human right; Is appalled by the decision of the US Supreme Court reversing Roe v Wade and the subsequent removal of access to safe abortion across multiple states in the USA; further condemns the October 2020 decision of the Polish constitutional tribunal and the draconian decision of the Hungarian government to force those seeking abortion to listen to a foetal heartbeat; strongly condemns these decisions and calls for their immediate reversal; further condemns other continued attempts to stigmatise and reduce access to sexual and reproductive healthcare; stresses the need to support civil society organisations engaged in the promotion of reproductive justice especially within marginalised communities whose work continues to be threatened by the shrinking space for civil society;
Amendment 128 #
2022/2049(INI)
6 h. Urges the Commission and Member States to promote unimpeded access to sexual and reproductive health services both inside and outside of the European Union including age appropriate, evidence-based comprehensive sexuality education, access to comprehensive family planning care including contraception and unbiased information, antenatal, childbirth and postnatal care, fertility services, safe and legal abortion and treatment for all sexual health related issues including HIV;
Amendment 131 #
2022/2049(INI)
Draft opinion
Paragraph 6 i (new)
Paragraph 6 i (new)
6 i. Urges the High Representative, the Commission and the Council to strongly reject all attempts to restrict women’s rights, gender equality and LGBTQ+ rights, both in the EU and the world; Calls for the EU and the Member States to promote gender equality and SRHR in all their external actions, including in multilateral and bilateral forums;
Amendment 134 #
2022/2049(INI)
Draft opinion
Paragraph 6 j (new)
Paragraph 6 j (new)
6 j. Calls on the Council to urgently conclude the EU ratification of the Istanbul Convention and for its immediate ratification by all individual Member States; Highlights that the Istanbul Convention is the most comprehensive instrument in Europe to combat specific forms of gender based violence; Calls for its use as a minimum standard with regards to the eradication of gender based violence throughout the world;
Amendment 136 #
2022/2049(INI)
Draft opinion
Paragraph 6 k (new)
Paragraph 6 k (new)
6 k. Appreciates the recognition of the need to protect the rights of LGBTIQ+ people in the Gender Action Plan III; Calls for implementation of the EU guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual,transgender and intersex persons; calls for the development of concrete targets to support the promotion of these rights
Amendment 140 #
2022/2049(INI)
Draft opinion
Paragraph 6 l (new)
Paragraph 6 l (new)
6 l. Reiterates its calls on the EU institutions and Member states to commit to advance towards a feminist foreign and security policy that entails a gender transformative vision and to ensure that all goals and commitments of the Gender Action Plan III are fully implemented by Member States, EU delegations and all EU institutions;
Amendment 144 #
2022/2049(INI)
Draft opinion
Paragraph 6 m (new)
Paragraph 6 m (new)
6 m. Underlines its calls for the EU to take into account the gender-specific threats, needs and challenges faced by Women Human Rights Defenders (WHRD) and urges EU institutions to guarantee their access to specific protection mechanisms, as well as to provide political and increased direct financial support.
Amendment 1 #
2022/2026(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to Article 2 of the Treaty on European Union and Articles 2, 10, 19, 48, 67(4), 153, 165, 168 and 174 of the Treaty on the Functioning of the European Union,
Amendment 3 #
2022/2026(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to the European Pillar of Social Rights, in particular principles 1, 3, 10 and 17 thereof, thereof on education, training and life-long learning, 3 thereof on equal opportunities, 10 thereof on a healthy, safe and well-adapted work environment and data protection, and 17 thereof on the inclusion of people with disabilities,
Amendment 5 #
2022/2026(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),
Amendment 7 #
2022/2026(INI)
Motion for a resolution
Citation 9
Citation 9
— having regard to UN Sustainable Development Goal target 11.72030 Agenda for Sustainable Development and its Sustainable Development Goals, in particular, the explicit disability references included in SDG 1 and 2 on ending poverty and hunger, SDG 4 on education, SDG 8 on growth and employment, SDG 10 on inequality, SDG 11 on accessibility of human settlements and SDG 17 on data collection,
Amendment 9 #
2022/2026(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to the reports from UN Women on women and girls with disabilities, in particular, its report of 1 July 2021 entitled ‘Covid-19, gender, and disability checklist: preventing and addressing gender-based violence against women, girls, and gender non-conforming persons with disabilities during the covid- 19 pandemic’1a, _________________ 1a https://reliefweb.int/report/world/covid- 19-gender-and-disability-checklist- preventing-and-addressing-gender-based
Amendment 10 #
2022/2026(INI)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
— having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),
Amendment 13 #
2022/2026(INI)
Motion for a resolution
Citation 13
Citation 13
— having regard to the Fundamental Rights Report 2021 and 2022 of the EU Agency for Fundamental Rights,
Amendment 18 #
2022/2026(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
— having regard to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime,
Amendment 19 #
2022/2026(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
— having regard to the Commission communication of 12 December 2020 entitled ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’,
Amendment 20 #
2022/2026(INI)
Motion for a resolution
Citation 22 b (new)
Citation 22 b (new)
— having regard to the Commission communication of 7 October 2020 entitled ‘Union of Equality: EU Roma strategic framework on equality, inclusion and participation’,
Amendment 22 #
2022/2026(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
— having regard to its resolution of 24 June 2021 on the situation of sexual and reproductive health and rights in the EU, in the frame of women’s health1b, _________________ 1b https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0314_EN.html
Amendment 23 #
2022/2026(INI)
Motion for a resolution
Citation 29 a (new)
Citation 29 a (new)
— having regard to its resolution of 14 December 2021 with recommendations to the Commission on combating gender- based violence: cyberviolence,
Amendment 25 #
2022/2026(INI)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
— having regard to its resolution of 5 October 2017 on prison systems and conditions1c, _________________ 1c https://www.europarl.europa.eu/doceo/doc ument/TA-8-2017-0385_EN.html?redirect
Amendment 27 #
2022/2026(INI)
Motion for a resolution
Citation 41 a (new)
Citation 41 a (new)
— having regard to the Special Report 10/2021 from the European Court of Auditors of 26 May 2021 entitled ‘Gender mainstreaming in the EU budget: time to turn words into action’1d, _________________ 1d https://www.eca.europa.eu/en/Pages/DocI tem.aspx?did=58678
Amendment 30 #
2022/2026(INI)
Motion for a resolution
Citation 41 b (new)
Citation 41 b (new)
— having regard to the Joint Briefing of civil society organizations entitled ‘Equality and intersectional discrimination faced by persons with disabilities in the European Union’1e, _________________ 1e https://equineteurope.org/wp- content/uploads/2022/02/02-14-Joint- Briefing-CRPD-Equality-and- intersectional-issues-faced-by-persons- with-disabilities-in-the-European- Union.pdf
Amendment 35 #
2022/2026(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 40 #
2022/2026(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the Optional Protocol of the CRPD has not been ratified by the EU and several Member States;
Amendment 41 #
2022/2026(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas persons with disabilities in all their diversity are entitled to enjoy their fundamental rights on an equal basis; whereas full and effective participation of persons with disabilities in all areas of life and society is crucial for the enjoyment of their fundamental rights;
Amendment 42 #
2022/2026(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas the right to information and communication of persons with disabilities in all their diversity must be guaranteed;
Amendment 45 #
2022/2026(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU institutions are lacking a structured process for consulting persons with disabilities in all their diversity and their representative organisations;
Amendment 51 #
2022/2026(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 57 #
2022/2026(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas persons with disabilities are at least three times more likely to experience physical, sexual and emotional violence than persons without disabilities; whereas women with disabilities in particular are up to ten times more likely to experience sexual violence2c, _________________ 2c https://reliefweb.int/report/world/covid- 19-gender-and-disability-checklist- preventing-and-addressing-gender-based
Amendment 62 #
2022/2026(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the discrimination towards persons with disabilities, coupled with attitudes towards women in patriarchal societies, put women and girls with disabilities at an increased risk for gender-based violence;
Amendment 65 #
2022/2026(INI)
Dd. whereas the combination of gender and disability-based discrimination and exclusion result in an extremely high risk of gender-based violence against women and girls with disabilities; whereas the absence of attention to this issue has contributed to the invisibility and victimization of women and girls with disabilities;
Amendment 69 #
2022/2026(INI)
Motion for a resolution
Recital D e (new)
Recital D e (new)
De. whereas recognizing the intersection between violence, gender and disability that women and girls with disabilities face is essential for the adoption of inclusive response strategies;
Amendment 73 #
2022/2026(INI)
Motion for a resolution
Recital D f (new)
Recital D f (new)
Df. whereas women and girls with disabilities are even more excluded when digital tools are not available and/or accessible to them;
Amendment 75 #
2022/2026(INI)
Motion for a resolution
Recital D g (new)
Recital D g (new)
Dg. whereas many persons with disabilities may also lack access to sexuality education, which might otherwise help them to identify and prevent abuse, and face increased barriers to access justice and report violence; whereas women with disabilities are more likely to experience poverty and isolation than are men with disabilities or non- disabled persons2d; _________________ 2d https://reliefweb.int/report/world/covid- 19-gender-and-disability-checklist- preventing-and-addressing-gender-based
Amendment 85 #
2022/2026(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls, as laid down in Article 19 of the CRPD, that persons with disabilities have the right to live independently and receive appropriate community-based services; calls on the Member States to adopt deinstitutionalisation strategies and to ensure that their laws, policies and programmes on deinstitutionalisation are in line with the concept of independent living set out in the CRPD; calls on the Commission to use benchmarks in order to measure progress in this regard; further calls on the Commission to stand up by its commitment in the EU Strategy for the Rights of Persons with Disabilities 2021-2030 to provide guidance to Member States by 2023 regarding improvements in independent living and inclusion in the community;
Amendment 88 #
2022/2026(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Considers that community-based support services and supportive living arrangements provide a better quality of life for persons with disabilities; calls on the Commission and the Member States to adopt a person-centred approach and appropriate support needed in order to provide full inclusion of persons of disabilities;
Amendment 89 #
2022/2026(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Underlines that stereotypes, ableism and misconceptions that prevent persons with disabilities from living independently must be eradicated and a positive image of them and their contributions to society must be promoted; urges the Commission and the Member States to accelerate their efforts towards deinstitutionalisation, including through the appropriate use and monitoring of EU funds to ensure that people with disabilities can live independently and be included in the community;
Amendment 90 #
2022/2026(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Insists that EU funds should aim to promote inclusive, accessible environments, services, practices and devices, following a universal design approach and favouring deinstitutionalisation, including strong support for personal assistance and independent living; calls on the Commission to step up efforts in this direction and to conduct proper follow- up;
Amendment 91 #
2022/2026(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges the Commission to improve its monitoring on the use of EU funds, including considering the suspension, withdrawal and recovery of payments if the obligation to respect fundamental rights is breached; stresses that segregational settings and small group homes should not be financed with EU funds; further urges the Commission to ensure proper follow up of the conclusions and recommendations provided by the ECA in its special report on gender budgeting 3a; _________________ 3a https://www.eca.europa.eu/en/Pages/DocI tem.aspx?did=58678
Amendment 105 #
2022/2026(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights that, according to the CRPD, the EU should mainstream a disability perspective in all its policies, programmes and strategies; endorses the CRPD recommendations and urges the Commission and the Member States to step up efforts in ensuring they are properly followed;
Amendment 112 #
2022/2026(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 113 #
2022/2026(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission and the Member States to take into account the diversity and heterogeneity of persons with disabilities and to mainstream the rights of persons with disabilities in the design, implementation, monitoring and evaluation of EU laws, decisions, policies and measures;
Amendment 122 #
2022/2026(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines that persons with disabilities, in particular women with disabilities, continue to face multiple and intersectional discrimination based on their disability and their gender, race, ethnicity, age, religion or belief, sexual orientation, migration status or socioeconomic background; notes the Commission commitment in the EU Strategy for the Rights of Persons with Disabilities 2021-2030, to pay particular attention to women with disabilities, who are two to five times more likely to face violence than other women; calls on the Commission to mainstream and take the situation of women with disabilities in all EU policy and measures;
Amendment 123 #
2022/2026(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Is concerned that perpetrators of violence against persons with disabilities are often caregivers, either at home or in institutional settings; is further concerned that women with disabilities are often subject to gender-based violence by partners or family members; stresses that the financial and social dependence that persons with disabilities, particularly women, have on their caregivers, puts them in a more vulnerable situation; calls on the Commission and the Member States to ensure that mechanisms for reporting violence against persons with disabilities as well as support services for victims, are put in place and are accessible;
Amendment 124 #
2022/2026(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Recalls that the root causes of the higher rates of violence against those living at the intersection of gender and disability are numerous, ranging from stigma, discrimination, and harmful stereotypes based on gender and disability, to the dependence that persons with disabilities have on others in navigating inaccessible information and environments and the lack of respite for caregivers; requests that the unique intersection of gender and disability must be explored in greater depth in order to ensure that the complexities of gender- based violence against women and girls with disabilities are properly understood and addressed; urges the Commission and the Member States to step up efforts in this direction;
Amendment 125 #
2022/2026(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Urges the Member States to allocate sufficient human and financial resources to the bodies they designate as Article 33(2) CRPD in order to ensure that these bodies fulfil their tasks effectively and efficiently; urges the Commission to provide the necessary support in this regard;
Amendment 130 #
2022/2026(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Denounces the fact that some groups of persons with disabilities are at greater risk of being the victim of any kind of violence, such as women and girls, children, elderly people, homeless people, detainees, migrants and refugees, racialized persons and persons from ethnic background such as Roma people ands well as LGBTIQ+ people; calls on the Commission and the Member States to address the specific challenges, rights and needs of these people through specialised measures to ensure access to victim support services and protection and to remove barriers to reporting violence;
Amendment 135 #
2022/2026(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights that women and girls with disabilities are particularly subject to gender-based violence because of social exclusion, limited mobility, a lack of support structures, communication barriers, and negative social perceptions; stresses that the range of gender-based violence experienced by women and girls with disabilities can include physical, sexual, psychological and economic violence;
Amendment 140 #
2022/2026(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Urges the Commission and the Member States to prevent the isolation of women with disabilities in all their diversity through cross-cutting and structural measures such as through education and awareness raising activities among women with disabilities as well as their families and caregivers; further urges the Commission and the Member States to organize specific trainings and awareness raising activities targeted to gender-based violence response systems, which should ensure the participation of women with disabilities and should provide them with information about their rights;
Amendment 142 #
2022/2026(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Is deeply concerned that women and girls with disabilities are far too often denied access to facilities in the area of sexual and reproductive health, in particular to gynaecological care services, they are also denied informed consent regarding the use of contraceptives and they even face the risk of forced sterilisation; calls on the Member States to implement legislative measures that safeguard physical integrity, freedom of choice and self-determination with regard to the sexual and reproductive life of persons with disabilities;
Amendment 143 #
2022/2026(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Is concerned about the situation of detainees with disabilities, whether these disabilities are physical, sensory, intellectual or psychosocial in Member States; deplores the fact that the vulnerable situation of detainees with disabilities is not fully taken into account in some Member States; calls on the Member States to ensure that detainees with disabilities are provided with the necessary infrastructure, including adequate provision for their specific needs as well as accessibility and reasonable accommodation; further calls on the Member States and the EU institutions to take the necessary measures to ensure respect for and protection of the fundamental rights of prisoners, particularly those who are in vulnerable situations such as mentally ill persons and persons with disabilities, including the adoption of common European standards and rules of detention in all Member States;
Amendment 148 #
2022/2026(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to take adequate measures to eliminate the barriers faced by persons with disabilities in accessing justice, by addressing the lack of awareness about disabilities and the CRPD among criminal justice services, including allocating adequate funding for training to justice personnel and providing support to victims with disabilities; further calls on the Commission and the Member States to include awareness of disability and of multiple and intersectional discrimination in recruitment criteria for personnel, in particular judicial and prison personnel, dealing with persons with disabilities;
Amendment 152 #
2022/2026(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines that facilities and services must be accessible to ensure equal access to justice and appropriate assistance to those people who experience difficulty in exercising their legal capacity should be provided; recalls that communication difficulties may have serious consequences in terms of access by detainees with disabilities to information in accessible formats and activities suited to their disabilities; calls on the Commission and the Member States to take appropriate measures to guarantee affordable, safe and effective access to justice for persons with disabilities and to ensure that assistance and accessible communication and information in provided at all stages of the process;
Amendment 155 #
2022/2026(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Recalls that the repeated transfers and lack of continuity of care, as well as the lack of judicial and prison staff, including medical staff, with adequate training in assisting detainees with disabilities, exacerbate their vulnerability and isolation;
Amendment 156 #
2022/2026(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the Commission, particularly with a view to the next European elections in 2024, to work with the Member States to guarantee the rights of persons with disabilities to vote and stand as a candidate; recalls that legal and practical barriers that prevent persons with disabilities from exercising the same political rights as other EU citizens can lead to the under representation in politics of persons with disabilities; calls on the Member States to provide reasonable accommodation to guarantee the right to vote of persons with disabilities;
Amendment 162 #
2022/2026(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that persons with disabilities often have their views disregarded in favour of other people speaking or making decisions on their behalf; urges the Commission and the Member States to involve persons with disabilities in all their diversity and of all backgrounds in EU decision-making;
Amendment 173 #
2022/2026(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to strengthen the participation of persons with disabilities in all their diversity and their representative organisations in the decision-making process for the design, management, resourcing and implementation of policies and programmes on disaster risk reduction;
Amendment 182 #
2022/2026(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Strongly believes that the EU Disability Card should be based on binding EU legislation and should cover a range of different areas beyond culture, leisure and sport; stresses that the Disability Card should also, by default, cover national, regional and local public transport, have a dedicated EU website and online database available in all EU languages, which should be accessible and include information in Easy-to-Read format, and be supported by an EU funding instrument that ensures continuity and a lasting legacy beyond the initial launch;
Amendment 191 #
2022/2026(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recalls that persons with disabilities have the right to participate in all educational levels and forms including early childhood education and on an equal basis with others; calls on the Commission and the Member States to promote high-quality education and lifelong learning;
Amendment 182 #
2022/0066(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating violence against women and domesticall forms of gender-based violence, including cyber violence
Amendment 189 #
2022/0066(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to provide a comprehensive framework to effectively combat violence against women and domesticgender-based violence throughout the Union. It does so by estrengthening and introducing measurablishing minimum rules in the following areas: the definition of relevant criminal offences and penalties, the protection of victims and access to justice, victim support, prevention, coordination and cooperation.
Amendment 212 #
2022/0066(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Equality between women and men and non-discrimination are core values of the Union and fundamental rights enshrined, respectively, in Article 2 of the Treaty on European Union and in Articles 21 and 23 of the Charter of Fundamental Rights of the European Union (the ‘Charter’). Violence against women and domesticGender-based violence endangers these very principles, undermining women and girls’ rights to equality in all areas of life.
Amendment 216 #
2022/0066(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Violence against women and domesticGender-based violence violates fundamental rights such as the right to human dignity, the right to life and integrity of the person, the prohibition of inhuman or degrading treatment or punishment, the right to respect for private and family life, personal data protection, and the rights of the child, as enshrined in the Charter of Fundamental Rights of the European Union.
Amendment 223 #
2022/0066(COD)
Proposal for a directive
Recital 4
Recital 4
(4) This Directive should apply to criminal conduct which amounts to violence against women or domesticgender-based violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, intersex genital mutilation, forced sterilization, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against womengender-based violence. This includes crimes such as femicide, sexual harassment, sexual abuse, sexual violence, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses, or partners, whether or not the offender shares or has shared the same household with the victim. _________________ 36 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. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.
Amendment 241 #
2022/0066(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of gender-based violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.
Amendment 250 #
2022/0066(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Due to their vulnerability, children who witness violence against women or domesticgender-based violence suffer a direct emotional harm, which impacts their development. Therefore, such children should be considered victims and benefit from targeted protection measures.
Amendment 257 #
2022/0066(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Violence against womenGender-based violence is rooted in gender stereotypes, heteropatriarchal structures, power asymmetries as well as structural and institutional inequalities. Gender-based violence against women in all their diversity is a persisting manifestation of structural discrimination against women in all their diversity, resulting from historically unequal power relations between women and men. ItGender-based violence against women is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.
Amendment 278 #
2022/0066(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In light of the specificities related to these types of crime it is necessary to lay down a comprehensive set of minimum rules, which addresses the persisting problem of violence against women and domesticgender-based violence in a targetedholistic manner and caters to the specific needs of victims of such violence. The existing provisions at Union and national levels have proven to be insufficient to effectively combat and prevent violence against women and domesticgender- based violence. In particular, Directives 2011/36/EU and 2011/93/EU concentrate on specific forms of such violence, while Directive 2012/29/EU of the European Parliament and of the Council38 lays down the general framework for victims of crime. While providing some safeguards for victims of violence against women and domesticgender-based violence, it is not set out to address their specific needs. _________________ 38 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).
Amendment 281 #
2022/0066(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domesticgender-based violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39 and, wthere relevant United Nations Convention on the Rights of Persons with Disabilities (CRPD), the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40 and the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in GenevaViolence and Harassment Convention 2019 (No 190), the International Labour Organization’s Discrimination (Employment and Occupation) Convention, 1958 (No 111) and the International Labour Organization’s Domestic Workers Convention, 2012 (No 189). _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.
Amendment 289 #
2022/0066(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Violence against women and domesticGender-based violence can be exacerbated where it intersects with discrimination based on gender or sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, state of health, marital status, migrant or refugee status, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, propertyresources, birth, disability, age or, sexual orientation, and other grounds such as gender identity, gender expression or sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination and violence, through providing specific measures whereith an intersecting forms of discrimination are presentonal approach. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities, pregnant women, women living in rural areas, and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.
Amendment 305 #
2022/0066(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Victims of violence against women and domesticgender-based violence are at an increased risk of intimidation, retaliation, secondary and repeat victimisation. Particular attention should thus be paid to these risks and to the need to protect the dignity and physical integrity of such victimphysical and psychological dignity and integrity, as well as the privacy, of such victims, and to ensure accountability of perpetrators.
Amendment 309 #
2022/0066(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain or punishing the victim for her sexual orientation, gender expression and/or gender identity (so-called "corrective rapes"). Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. , in particular.
Amendment 322 #
2022/0066(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Rape should explicitly include all types of sexual penetration, with any bodily part or object. The lack of explicit consent should be a central and constitutive element of the definition of rape, given that frequently no physical violence or use of force is involved in its perpetration. Initial consenwhen the act is committed. Consent should be given freely and voluntarily. It should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, and should not automatically imply consent for future acts. Non-consensual sexual penetration should constitute rape evenincluding where committed against a spouse or intimate partner.
Amendment 331 #
2022/0066(COD)
Proposal for a directive
Recital 15
Recital 15
(15) With regard to offences amounting to rape, first-offenders and offenders who have been previously convicted of offences of the same nature should be obliged to participate in intervention programmes to mitigate the risk of recidivism. and to ensure safe relations and pro-social behaviour.
Amendment 342 #
2022/0066(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to address the irreparable and lifelong damagesevere and long-lasting physical and psychological consequences that female genital mutilation has on victims, this offence should be specifically and adequately addressed in the criminal laws. Female genital mutilation is an exploitative practice that pertains to the sexual organs of a girl or a woman and that is performed for the purpose of preserving and asserting domination over women and girls and exerting social control over girls and women’s sexuality. It is sometimes performed in the context of child forced marriage or domestic violence. Female genital mutilation may occur as a traditional practice which some communities perform on their female members. It should cover practices undertaken for non-medical reasons. The term “excising” should refer to the partial or total removal of the clitoris and the labia majora. “Infibulating” should cover the closure of the labia majora by partially sewing together the outer lips of the vulva in order to narrow the vaginal opening. The term “performing any other mutilation” should refer to all other physical alterations of the female genitals.
Amendment 347 #
2022/0066(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Forced sterilisation is a harmful and exploitative practice that deprives victims of the ability to reproduce sexually and is used as a means of social control. It was originally based on eugenicist assumptions about the value of the lives of those affected and stereotypes about their ability to be parents, especially mothers. Racialised women, notably Romani women and girls with disabilities are particularly vulnerable to such violations, in particular those with intellectual and psychosocial disabilities, as well as those living in institutions. To combat this long- standing practice, which perpetuates discrimination, stereotypes, violence and control over women’s bodies, forced sterilisation should be specifically addressed by criminal law. The provision on forced sterilisation set out in this Directive does not cover medical interventions or surgical procedures which are carried out, for example, with the purpose of assisting a woman by saving her life.
Amendment 355 #
2022/0066(COD)
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) In order to address the severe and long-lasting physical and psychological impairments of intersex genital mutilation performed on persons with variations of sex characteristics, also known as intersex persons, this offence should be specifically and adequately addressed in the criminal laws. Non-vital, non- consensual procedures and treatments performed on intersex children assigned female, such as labiaplasties, vaginoplasties, gonadectomies, clitoral “recession” and other forms of clitoral cutting or removal, are specifically based on sexist and misogynistic beliefs aimed at exerting control over intersex girls’ and women’s physical appearance and sexuality. The term "capacity to provide consent" shall be interpreted as the ability to understand the facts, assess the risks and benefits and balance the short- and long-term consequences of the possible choices and make a decision. Member States shall ensure that a minor is deemed capable of providing consent only if all the elements above are assessed to be in place. The term "hormonal treatments" shall be understood as any non- consensual treatments aimed at altering the sex characteristics of the person; it excludes consensual gender affirming hormonal treatments or access to hormone blockers.
Amendment 362 #
2022/0066(COD)
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women politicians, journalists, andctivists, rights defenders, including human rights defenders, and NGOs. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide. Women exposed to discrimination and violence on the basis of their gender or other grounds are disproportionately affected by cyber violence.
Amendment 372 #
2022/0066(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The use of information and communication technologies bears the risk of easy, fast and wide-spread amplificdissemination of certain forms of cyber violence with the effect of creating or enhancxacerbating profound and long-lasting harm for the victim. The potential for such amplification, whichdissemination is a pre-requisite for the perpetration of several offences of cyber violence defined under this Directive, should beand is reflected by the element of making certain material accessible, through information and communication technologies, to a ‘multitude’ ofother end- users. The term ‘multitudeother end-users’ should be understood as referring to reaching a significant number of end-users of the technologies in question, thus allowing for significant access to, and potential further distribution of that material. That term should be interpreted and applied having regard to the relevant circumstances, including the technologies used to make that material accessible and the means these technologies offer for amplificdissemination.
Amendment 375 #
2022/0066(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Especially dDue to its tendency for easy, swift and broad distribution and perpetration, as well as its intimate nature, the non-consensual sharing and making accessible of intimate images or, videos andor other material, including those that depict sexual activities, to a multitude ofother end-users, by means of information and communication technologies, can be very harmful for the victims. The offence provided for in this Directive should cover all types of such material, such as images, photographs and videos, including sexualized images, audio clips and video clips. It should relate to situations where the sharing and making accessible of the material to a multitude ofother end-users, through information and communication technologies, occurs without the victim’s consent, irrespective of whether the victim consented to the generation of such material or may have transmitted it to a particular person. The offence should also include the non-consensual production or manipulation, for instance by image or video editing, of material that makes it appear as though another person is engaged in sexual activities, or as intimate images, videos or other material from another person, insofar as the material is subsequently made accessible to a multitude of other end-users, through information and communication technologies, without the consent of that person. Such production or manipulation should include the fabrication of ‘deepfakes’, where the material appreciably resembles an existing person, objects, places or other entities or events, depicting sexual activities of another person, and would falsely appear to others to be authentic or truthful. In the interest of effectively protecting victims of such conduct, threatening to engage in such conduct should be covered as well. following a report by or on behalf of the victim or by a judicial authority.
Amendment 385 #
2022/0066(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Cyber stalking is a modern form of violence which is often perpetrated against family members or persons living in the same household, but also perpetrated by ex-partners or acquaintances. Typically, technology is misused by the offender to proceed to intensify coercive and controlling behaviour, manipulation and surveillance, thereby increasing the victim’s fear, anxiety and gradual isolation from friends and family. Therefore, minimum rules concerning the offence on cyber stalking should be established. The offence of cyber stalking should cover the continuous surveillance of the victim without their consent or legal authorisation by means of information and communication technologies without their consent or legal authorisation. This might be enabled by processing the victim’s personal data, such as through identity theft or the spying out of such data on their various social media or messaging platforms, their emails and phone, stealing passwords or hacking their devices to access their private spaces, via the installation of geo-localisation apps, including stalkerware, or via stealing their devices. Furthermore, stalking should cover the monitoring of victims, without that person’s consent or authorisation, via technology devices connected through the Internet of Things, such as smart home appliances.
Amendment 388 #
2022/0066(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Minimum rules concerning the offence of cyber harassment should be laid down to counter initiating an attack conducted publicly or with third parties, or participating in such an attack, directed at another person, by making threatening or insulting material accessible to a multitude ofother end- users. Such broad attacks, including coordinated online mob attacks, may morph into offline assault or cause significant psychological injury and in extreme cases lead to suicide of the victim. They often target prominent (female) politicians, journalists or otherwise, activists or well-known persons, but they can also occur in different contexts, for instance on campuses or in schools and in workplaces. Such online violence should be addressed especially where the attacks occur on a wide-scale, for example in the form of pile- on harassment by a significant amount of people. Cyber harassment should not only cover attacks or threats with reference to gender or sex but include all types of explicit sexualised attacks.
Amendment 391 #
2022/0066(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The increase in internet and social media usage has led to a sharp rise in public incitement to violence and hatred, including based on sex or genderbusiness model of dominant online platforms which is based on micro- targeting advertising has played a significant role in the sharp rise in public incitement to violence and hatred on the grounds of gender, sex or other grounds, including a combination of those, over the past years. The easy, fast and broad sharing of hate speech through the digital word is reinforced by the online disinhibition effect, as. Even though the presumed anonymity on the internet and sense of impunity reducecontribute to people’s inhibition to engage in such speech, anonymity can also be essencial to survivors of gender- based violence, as well as to other communities at risk. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offline. This needs to be intercepprevented at an early stage. The language used in this type of inciteharassment does not always directly refer to the sex or gender of the targeted person(s), but the biased motivation can be inferred from the overall content or context of the incitement.
Amendment 395 #
2022/0066(COD)
Proposal for a directive
Recital 23
Recital 23
(23) The offence of cyber incitement to violence or hatred presupposes that the incitement is not expressed in a purely private context, but publicly through the use of information and communication technologies. Therefore, it should require dissemination to the public, which should be understood as entailing the making accessivailable, through information and communications technologies, of a given item of material inciting to violence or hatred to a potentially unlimited number of persons, namely making the material easily accessible to users in general, without requiring further action by the person who provided the material, irrespective of whether those persons actually access the information in question. Accordingly, where access to the material requires registration or admittance to a group of users, that information should be considered to be disseminated to the public only where users seeking to access the material are automatically registered or admitted without a human decision or selection of whom to grant access. In assessing whether material qualifies as amounting to incitement to hatred or violence, the competent authorities should take into account the fundamental rights, particularly but not limited to freedom of expression as enshrined in Article 11 of the Charter, Article 20 of the International Covenant of Civil and Political Rights and Article 4 of the International Convention of the Elimination of all forms of racial discrimination. Furthermore, other soft- law instruments concerning the prohibition of incitement to hatred such as the Council Framework decision 2008/913/JHA on combatting certain forms and expressions of racism and xenophobia by means of criminal law and the United Nations Rabat Plan of Action.
Amendment 402 #
2022/0066(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Victims should be able to report crimes of violence against women or domesticgender-based violence easily without being subject to secondary or repeat victimisation. To this end, Member States should in addition to in-person reporting, provide the possibility to submit complaints online or through other information and communication technologies for the reporting of such crimes. Victims of cyber violence should be able to upload materials relating to their report for the purposes of providing evidence, such as screenshots, of the alleged violent behaviouroffence.
Amendment 405 #
2022/0066(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In the case of domestic violence and violence against womengender-based violence, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at an imminent risk of serious physical harm. Similarly, instances of domestic violence or violence against womengender-based violence affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from such forms of violence and adequate measures promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality where they have reasonable grounds to believe that serious acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of violence, Member States should ensure that theydomestic violence or gender- based violence, including when such violence is affecting children, victims must be duly informed in advance, a gender-sensitive and child-competent risk assessment and risk management conducted, and tailored safety, protection and support measures adopted immediately regardless of the level of risk, and in any case, before active steps are taken against the offender. Member States should ensure that professionals who report such instances of violence are not held liable for breach of confidentiality.
Amendment 413 #
2022/0066(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In order to tackle underreporting in the cases when the victim is a child, safe and child-friendly reporting procedures should be established. This can include questioning by specialised competent authorities in simple and accessible language and taking into account a gender-sensitive approach.
Amendment 419 #
2022/0066(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Delays in processing complaints of violence against women and domesticgender-based violence can bear particular risks to victims thereof, given that they might still be in immediate danger given that offenders might often be close family members or spouses. Therefore, the competent authorities should have the sufficient expertise and effect, specialised training and effective gender-responsive investigative tools to investigate and prosecute such crimes.
Amendment 420 #
2022/0066(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Victims of domestic violence and violence against womengender-based violence are typically in need of immediate protection or specific support, for example in the case of intimate partner violence, where the rate of recidivism tends to be high. Therefore, an gender-sensitive individual assessment to identify the victim’s protection needs should be conducted upon the very first contact of competent authorities with the victim or as soon as suspicion arises that the person is a victim of violence against women or domestic violence. This can be donegender-based violence. Individual assessments can be carried out before a victim has formally reported an offence or proactively if a third party reports the offence. If the corresponding competent authority does not have enough experience to conduct the gender-sensitive individual assessment, the assessment should be carried out in cooperation with other services, such as health and social services, and specialist support services. Under no circumstances shall victims be forced to engage in any intervention with an authority or service against their will, nor rushed into any process. When the victim is a child, protection and support should also extend to empowering the non-violent parent(s) or guardian(s) to protect the child from violence.
Amendment 424 #
2022/0066(COD)
Proposal for a directive
Recital 29
Recital 29
(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s rights, safety and needs providing tailored protection and support, taking into account, among other matters, the individual circumstances of the victim, specific needs and vulnerability. Such circumstances requiring special attention could include any substance abuse by the victim or the offender, the victim’s disabilities, the victim’s pregnancy or, the victim’s economic dependence on or relationship to the offenderr dependence for her migration status to the offender, the victim having a common child with the offender or the presence of children or companion animals.
Amendment 433 #
2022/0066(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to ensure comprehensive, appropriate and tailored support and protection to victims, a standardised approach to risk assessment that promotes shared understanding of risk across the system, and a common language to communicate risk, should be adopted. All competent authorities and relevant bodies, not limited to law enforcement and judicial authorities, in consultation with relevant civil society organisations, should be involved in assessing the risks for victims and appropriate support measures on the basis of cleargender-sensitive risk assessment protocols and guidelines issued by the Member States. Such guidelines should be developed in cooperation with specialist services and include risk factors to be taken into consideration when assessing the riskassociated with coercive and controlling behaviour emanating from the offender or suspect, including the consideration that suspects charged with minor offences are as likely to be dangerous as those charged with more severe offences, especially in cases of domestic violence and stalking. Specialised training for frontline professionals on the use of risk assessment tools is also essential.
Amendment 444 #
2022/0066(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Victims of violence against women and domesticgender-based violence are often in need of specific and tailored support. To ensure they effectively receive offers of support, the competent authorities should refer victims to appropriate support services. This should in particular be the case where an individual assessment has found particular support needs of the victim. In that case, support services should be able to reach out to the victim even without the victim’s consent. For the processing of related personal data by competent authorities, Member States should ensure that it is based on law, in accordance with Article 6(1)(c) read in conjunction with Article (6)(2) and (3) of Regulation (EU) 2016/679 of the European Parliament and of the Council41 . Such laws should include appropriate personal data safeguards that respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the individuals. Where competent authorities transfer victims’ personal data to support services for victims’ referral, they should ensure that the data transferred is limited to what is necessary to inform the services of the circumstances of the case, so that victims receive appropriate support and protection. _________________ 41 Regulation (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) (Text with EEA relevance), (OJ L 119, 4.5.2016, p. 1–88).
Amendment 449 #
2022/0066(COD)
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) Taking into account the existing link and the concurrence between animal abuse and interpersonal violence including domestic and gender-based violence and child abuse, protective measures should extend to companion animals; and address violence against companion animals exercised as a form of violence or psychological abuse. Further considering the emotional support provided by these animals to the victims of violence, and the high risk of coercion and control arising from situations in which the animal would stay with the abuser, appropriate accommodation arrangements should be provided to both companion animals and the victims of violence.
Amendment 455 #
2022/0066(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Member States should take the necessary measures to ensure the availability of emergency barring, restraining and protection orders to ensurguarantee effective protection of victims and, their dependants and houseld environment.
Amendment 457 #
2022/0066(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Member States should ensure that emergency barring orders may be issued in situations of immediate danger, such as where harm is imminent or has already materialised and is likely to be inflicted again on the victims or their dependants.
Amendment 459 #
2022/0066(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Protection orders may include prohibiting the offender or suspect to access certain localities, places or defined areas where the protected person resides or visits; to approach the victim or dependant, including companion animals, closer than a prescribed distance or to contact them, including through the use of online interfaces and to possess firearms or deadly weapons, where necessary.
Amendment 463 #
2022/0066(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In order to safeguard the effectiveness of emergency barring, restraining and protection orders, breaches of such orders should be subject to penalties. Those penalties can be of a criminal law or other legal nature and may include prison sentences, fines or any other legal penalty that is effective, proportionate and dissuasive. Member States should ensure that in situations in which barring, restraining, and protection orders are issued, offenders shall be informed and encouraged to voluntarily enrol in specialised programmes addressing offenders’ violent behaviour.
Amendment 469 #
2022/0066(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Presenting evidence of past sexual history or behaviour to challenge the credibility and lack of consent of victims in sexual violence cases, especially rape cases, may reinforce the perpetuation of damaging stereotypes of victims and lead to repeat or secondary victimisation. Therefore, without prejudice to the rights of defence, questions, enquiries and evidence concerning past sexual hisotry or conduct of the victim should not be permitted in criminal investigations and court proceedings.
Amendment 477 #
2022/0066(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Given the complexities and gravity of offences of violence against women and domesticgender-based violence and specific support needs of victims, Member States should ensure additional support and prevention of such offences is provided by designated bodies. Given their expertise in matters of discrimination on grounds of sex, national equality bodies, set up in accordance with Directives 2004/113/EC42 , 2006/54/EC43 and 2010/41/EU44 of the European Parliament and of the Council, are well placed to fulfil these tasks. Such bodies should in addition have legal standing to act on behalf or in support of victims of all forms of violence against women or domesticgender-based violence in judicial proceedings, including for the application for compensation and removal of online illegal content, and securing of evidence, with the victims’ approval. This should include the possibility of acting on behalf or in support of several victims together. To enable these bodies to effectively carry out their tasks, Member States should ensure the independence of their mandates and that they are provided with sufficient human and financial resources. _________________ 42 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, (OJ L 373, 21.12.2004, p. 37). 43 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), (OJ L204, 26.7.2006, p. 23). 44 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC, (OJ L 180, 15.7.2010, p. 1).
Amendment 479 #
2022/0066(COD)
(39) Certain offences covered by this Directive involve the increased risk of repeated, prolonged or even continuous victimisation. That risk occurs especially in relation to offences involving the making accessible to a multitude ofother end-users, through information and communication technologies, of material, resulting from certain offences of cyber violence covered in this Directive, considering the ease and speed with which such material can be distributed on a large scale and the difficulties that often exist when it comes to removing such material. That risk typically remains even after a conviction. Therefore, in order to effectively safeguard the rights of the victims of those offences, Member States should be required to take suitable measures aimed at the removal of the material in question. Considering that removal at the source may not always be feasible, for instance because of legal or practical difficulties relating to the execution or enforcement of an order to remove, Member States should also be allowed to provide for measures to disable access to such material.
Amendment 483 #
2022/0066(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Those measures should include, in particular, empowering national judicial authorities to issue orders to providers of intermediaryhosting services to remove, or also to disable access to, one or more specific items of the material in question. Those orders should be issued upon a sufficiently reasoned and substantiated request of the victim. Considering the speed with which such material can spread online and the time it can take to complete criminal proceedings against the persons suspected of having committed the relevant offences, it is necessary for the effective protection of the victims’ rights to provide for the possibility of issuing, subject to certain conditions, such orders by means of interim measures, even prior to the termination of such criminal proceedings. Member States should ensure that these orders do not prevent providers of intermediary services from providing end- to-end encrypted services. Applying effective end-to-end encryption to data is essential for trust in and security on the Internet, and ensures the protection of privacy of victims who suffer from attacks online through, for instance, unauthorised third party access. Furthermore, to ensure effective digital privacy, Member States should not impose a general obligation on providers of intermediary services to limit the anonymous use of their services. In accordance with the principle of data minimisation and in order to prevent unauthorised disclosure, identity theft, non-consensual sharing of intimate or manipulated material, Cyberstalking, Cyber harassment, and other forms of digital abuse or misuse of personal data, recipients should have the right to use and pay for services anonymously wherever reasonable efforts can make this possible. This should apply without prejudice to the obligations of Member States to protect the digital integrity of victims and the protection of their personal data.
Amendment 485 #
2022/0066(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Any such measures to remove or disable access, including in particular such orders, are liable to affect the right and interests of other parties than the victims, such as the persons providing the material, the intermediaryhosting service providers whose services may be used and the end-users of those services, as well the general interest. Therefore, it should be ensured that those orders and other measures can only be taken in a transparent manner and that adequate safeguards are provided for, so as to ensure that they remain limited to what is necessary and proportionate, that human review and legal certainty is ensured, all affected parties can exercise their right to effective judicial redress in accordance with national law, and a fair balance is struck between all rights and interests involved, including the fundamental rights of all parties concerned in compliance with the Charter. A careful weighting of all rights and interests at stake on a case-by- case basis is particularly important in proceedings for interim measures. Those orders should, as a general rule, be addressed to the specific provider of intermediaryhosting services that is best placed to act, in particular so as to limiprevent any possible negative effects for freedom of expression and information.
Amendment 486 #
2022/0066(COD)
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) Providers of online platforms, including very large online platforms, in particular those primarily used for the dissemination to the public of pornographic content, should diligently meet all their obligations under EU law taking into account an intersectional approach, in respect of illegal content constituting cyber violence under this Directive, especially with regard to ensuring that victims can effectively exercise their rights in relation to content representing non-consensual sharing of intimate or manipulated material through the rapid processing of notices and removal of such content without undue delay.
Amendment 488 #
2022/0066(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Considering the potential importance of material that may be the object of the orders or other measures taken under this Directive to remove or disable access thereto for investigating or prosecuting the relevant offences under criminal law, the necessary measures should be taken to allow the competent authorities to obtain or secure such material, for the purpose of providing evidence, where necessary. Those measures could consist, for example, of requiring relevant intermediaryhosting service providers to transmit the material to those authorities or to preserve the material for a limited period that does not go beyond what is necessary to support and in the framework of the investigation. Any such measures should ensure the security of the material, remain limited to what is reasonable, necessary and proportionate, and comply with the applicable rules on the protection of personal data.
Amendment 491 #
2022/0066(COD)
Proposal for a directive
Recital 44
Recital 44
(44) In order to avoid secondary victimisation, victims should be able to obtain compensation in the course of criminal proceedings. Compensation from the offender should be full and should not be restricted by a fixed upper limit. It should cover all harm and trauma experienced by victims and costs incurred to manage the damages, including among other things therapy costs, medical costs, impact on the victim’s employment situation, loss of earnings, psychological damages, and moral prejudice due to the violation of dignity. The amount of compensation should reflect that victims, in particular of domestic violence and cyber violence, may have to uproot their lives in order to seek safety, entailing a possible change of employment or finding new schools for children or even creating a new identity. Compensation should be part of the measures provided to ensure the reparation of victims.
Amendment 499 #
2022/0066(COD)
Proposal for a directive
Recital 45
Recital 45
(45) ATailored assistance and support to victims of violence against women and domestic violence should be provided before, during and for an appropriate period after the criminal proceedings have endgender-based violence should be available, free of charge, victims- centred and provided before, during and after violence occurred, for example where medical treatment is still needed to address the severe physical or psychological consequences of the violence, or if the victim’s safety is at risk by the offender in particular due to the statements made by the victim in those proceedings.
Amendment 503 #
2022/0066(COD)
(46) Specialised support services should provide support to victims of all forms of violence against women and domesticVictims of all forms of gender- based violence, including sexual violence, female and intersex genital mutilation and other harmful practices, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violencyber violence, shall be provided with appropriate and tailored support and assistance offered by specialist support services.
Amendment 507 #
2022/0066(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Specialist support should offer victims support, including medical care, tailored to their specific needs, and irrespective of any official complaint. Such services cshould be provided in addition to, or as an integrated part of, general victim support services, which may call on existing entities providing specialist supportshould cooperate with specialist support services, including women’s specialist support, in providing services and developing clear, commonly agreed referral pathways between general and specialist support services to refer victims of gender-based violence to services. Specialist support mayshould be provided by national authorities,, local and regional authorities, in cooperation with victims’ support organisations, or other non-governmental organisations. They should be granted with relevant gender-specific expertise and knowledge. Member States should ensure that sufficient human and financial resources and, where the services are provided byfor specialist support services and non-governmental organisations, are provided. Member States should ensure that they receive appropriate fundall victims belonging to vulnerable groups or communities receive tailor-made support based on their needs, with special attention to linguistic needs and potential past or present discrimination experiences of certain communities. Support shall be provided as offline and online services according to specific needs. The services provided to victims should comply with the minimum standards for support services as set out in the ‘Istanbul Convention’ in particular for shelters, counselling, rape crisis and sexual violence referral centres as well as helplines.
Amendment 512 #
2022/0066(COD)
Proposal for a directive
Recital 47 a (new)
Recital 47 a (new)
(47a) The EU budget should provide complementary funding to ensure a high level of protection for victims of violence, including through sufficient resources in dedicated funding programs and through the promotion of innovative solutions to improve the quality and accessibility of the needed services; the relevant program(s) under next the Multiannual Financial Framework should contain sufficient financial and human resources to ensure sufficient funding for a significant Union contribution to the proper implementation, in particular of preventive and victim support measures.
Amendment 514 #
2022/0066(COD)
Proposal for a directive
Recital 47 b (new)
Recital 47 b (new)
(47b) Evidence suggests that the establishment of safe spaces, in particular single gender safe spaces, both online and offline, helps to reduce risks and prevent further harm during acute emergency responses. These spaces provide people with a safe entry point for life-saving services and a place to access information. Safe gathering points also offer them an opportunity to engage with each other, build important connections, solidarity and support with others, especially those in similar situations, exchange information, and rebuild community networks and support. Safe spaces can be a key way of building social assets of marginalised groups including women and girls, racialised communities, people with disabilities and LGBTIQ people, amongst others. Member states should endeavour to provide appropriate resources to promote the continuation and establishment of such safe spaces, especially those with the goal of empowering and uplifting women and girls in all their intersectional diversity.
Amendment 516 #
2022/0066(COD)
Proposal for a directive
Recital 48
Recital 48
(48) Victims of domestic violence and violence against womengender-based violence typically have multiple protection and support needs. In order to address these effectively, Member States should provide such services at the same premises, or have such services coordinated through a central contact point. To ensure also victims in remote areas or unable to physically reach such centres are reached, in addition to adequately geographically distributed in person services, Member States should also provide for online access to such services. This should entail setting up a single and updated website where all relevant information on and access to available in person and online support and protection services is provided (one-stop online access). The website shoul. The website should be user-friendly and follow accessibility requirements for persons with disabilities. All services both online and in presence should be fully accessible and non-discriminatory, including interpretation and translations. Moreover, staff of the centres should be diversely composed.
Amendment 528 #
2022/0066(COD)
Proposal for a directive
Recital 49
Recital 49
(49) Specialist support services, including shelters and rape crisis centres, should be considered essentialwomen’s advice centres, helplines, educational programmes and programmes addressing coercive and violent behaviour of offenders, should be considered essential in peace times and, particularly during crises and states of emergency, including during health crises. These services should continue to be funded and offered in these situations, where instances of domestic violence and violence against womengender-based violence tend to surge.
Amendment 530 #
2022/0066(COD)
Proposal for a directive
Recital 49 a (new)
Recital 49 a (new)
(49a) Whereas urgent support needs for victims of sexual violence include essential medical care, including sexual and reproductive health care such as emergency contraception, screening and post-exposure prophylaxis for STIs and HIV, and safe and legal abortion. EU Member States must guarantee access to essential sexual and reproductive health care to all victims in order to limit further harm and to ensure victims receive reparations and rehabilitation. Whereas being forced to continue a pregnancy resulting from rape is a violation of human rights, including a form of gender-based violence and a violation of the right to freedom from torture or cruel, inhuman and degrading treatment or punishment.
Amendment 533 #
2022/0066(COD)
Proposal for a directive
Recital 50
Recital 50
(50) The traumatic nature of sexual violence, including rape, requires a particularlygender- sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres shoul, comprehensive and essential medical care, including sexual and reproductive healthcare, such as emergency contraception, screening and post-exposure prophylaxis for STIs and HIV, and safe and legal abortion, and trauma support as well as the option of long-term support, including counselling. Rape crisis centres or sexual violence referral centres should offer immediate forensic examinations to collect the evidence needed for prosecution and be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female and intersex genital mutilation and other harmful practices, who are often girls, typically are in need of targetilored support. Therefore, Member States should ensure they provide dedicated support tailored to these victims. customised to these victims through a multi- disciplinary and victim-centred approach and by providing targeted trainings to all relevant professionals who may come in contact with a victim or a person at risk.
Amendment 541 #
2022/0066(COD)
(51) Harassment and sexual harassment, including at work, is considered as discrimination on grounds of sex by Directives 2004/113/EC, 2006/54/EC and 2010/41/EU. Given that harassment and sexual harassment at work, as well as cyber violence, hasve significant negative consequences both for the victims and the employers, advice on adequately addressing such instances at the workplace and ensuring a safe work environment, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishes, should be provided by external counselling services to both victims and employers.
Amendment 543 #
2022/0066(COD)
Proposal for a directive
Recital 51 a (new)
Recital 51 a (new)
(51a) The social partners play a key role in addressing harassment at work, one of the common sites of harassment, as well as domestic violence. Employer and trade unions are particularly well-placed to take measures to address harassment at work, including sexual harassment, and cyber violence at work. Furthermore, the Preamble to ILO Convention 190 recognises domestic violence as related to the workplace, noting that domestic violence can affect employment, productivity and health and safety. With the increasing availability of home-based telework, the site of domestic violence can in fact be the workplace of the victim. Employers and trade unions can contribute, as part of other measures, to identify instances of domestic violence, to support victims and to address the impacts of domestic violence on professional life. There are already many examples of good practices and agreements between employers and trade unions on workplace practices that give support to victims of domestic violence, enabling them to continue working safely. Trade union and workplace health and safety representatives can, with appropriate training, play a particularly important role in offering assistance to victims of sexual harassment, cyber violence and domestic violence.
Amendment 544 #
2022/0066(COD)
Proposal for a directive
Recital 51 b (new)
Recital 51 b (new)
(51b) Member States should ensure that employers, in consultation with trade union representatives, take appropriate measures to prevent and address instances of sexual harassment at work and cyber violence at work, and to identify and provide adequate support to victims of domestic violence. Victims should have access to legal remedies, information and a right to receive support from a trade union representative, and should be entitled to paid time off to attend counselling and take leave of appropriate duration.
Amendment 545 #
2022/0066(COD)
Proposal for a directive
Recital 51 c (new)
Recital 51 c (new)
(51c) Member States shall ensure that trade unions are able to bargain collectively on workplace measures to prevent and address sexual harassment at work and cyber violence at work, and to identify and support victims of domestic violence. Member States shall take measures to promote collective bargaining on workplace practices on presenting and addressing instances of sexual harassment, cyber violence and domestic violence, including through awareness- raising and training of employers, trade union representatives and workplace health and safety representatives.
Amendment 548 #
2022/0066(COD)
Proposal for a directive
Recital 52
Recital 52
(52) Member States should ensure that national helplines are operated, regional and local helplines are fully funded, and accessible to all victims, particularly victims with different abilities, languages and literacy skills. National helplines can be operated and should be accessible under the EU- harmonised number [116016] and this number is widely advertised as a public number, free of charge and available round-the-clock. The support provided should include crisis counselling and should be able to refer to face-to-face services, such as shelters, counselling centres or the police. be fully accessible to all people, including persons with disabilities, and be available in multiple languages, and include crisis counselling and should be able to refer to specialist support services The existence of a national helpline should not be detrimental to the funding and functioning of local helplines.
Amendment 557 #
2022/0066(COD)
Proposal for a directive
Recital 53
Recital 53
(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial situationincluding mental health, financial situation, support in court proceedings and the well-being of their children, ultimately preparing victims for an autonomous life. Member States should ensure the availability of sufficient dedicated domestic violence shelters, with an adequate geographical distribution. A variety of different models should be made available, including single-gender shelters, thereby ensuring maximum flexibility for victims. Shelters should always be available free of charge for the victim.
Amendment 567 #
2022/0066(COD)
Proposal for a directive
Recital 54
Recital 54
(54) To effectively address negative consequences for child victims, support measures to children should include age- appropriate psychological counselling, together with paediatric care where necessary, and be provided as soon as competent authorities have reasonable grounds to believe that children might have been victims, including child witnesses of violence, also providing support without the consent of the potential abusive partner. In the provision of support to child victims, the rights of the child, as laid down in Article 24 of the Charter, should be a primary consideration.
Amendment 575 #
2022/0066(COD)
Proposal for a directive
Recital 55
Recital 55
(55) In order to ensure the safety of children during possible visits with an offender or suspect who is a holder of parental responsibility with rights of access, Member States should ensure that supervised neutral places, including child protection or welfare offices, are made available so that such visits can take place there in the best interests of the child. If needed, the visits should take place in the presence of child protection or welfare officials. Where it is necessary to provide for interim accommodation, children should as a priority be accommodated together with the holder of parental responsibility who is not the offender or suspect, such as the child’s mother. The best interest of the child should be always taken into account, in line with the provisions of the Convention on the Rights of the Child, should be always taken into account. Member States should ensure that appropriate referrals are made to offenders programmes for the offender to address the violence exercised towards their partner and to improve their parenting – as appropriate and in the best interests of the child.
Amendment 590 #
2022/0066(COD)
Proposal for a directive
Recital 56
Recital 56
(56) Victims with specific needs and groups at risk of violence against women or domesticgender-based violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, or older women, or LBTIQ women and other LGBTIQ people subject to gender-based violence, should receive specific protection and support.
Amendment 594 #
2022/0066(COD)
Proposal for a directive
Recital 56 a (new)
Recital 56 a (new)
(56a) Deeply rooted gender stereotypes related to women’s sexuality and morality, result in the stigmatisation and discriminatory treatment of sex workers, including by law enforcement officers, based on their transgression of gendered social and sexual norms and/or for not conforming to gender roles specifically because they are sex workers. A presumption of criminality and discriminatory treatment has the effect of preventing sex workers from seeking justice when they encounter physical or sexual violence or extortion for fear that they will instead become the focus of a criminal investigation. As a result, aggressors can direct violence at people selling sex with relative impunity. Sex workers are among the most precarious of informal workers, in part due to the criminalisation of various aspects of their work, such as on clients and brothels, which often results in their being unjustly criminalised. They are also exposed to very high rates of workplace violence. Significantly, the majority of sex workers are (undocumented) migrants, LGBTIQ, racialised, women and poor.
Amendment 595 #
2022/0066(COD)
Proposal for a directive
Recital 56 b (new)
Recital 56 b (new)
(56b) Given the heightened vulnerability of sex workers to gender based violence, Member States should establish concrete frameworks for the rights and protection of sex workers during and after a crisis; further insists on the importance of including measures and strategies that tackle the discrimination faced by sex workers in access to funding, housing, healthcare, education and other services in order to reduce their vulnerability to violence and other forms of discrimination.
Amendment 596 #
2022/0066(COD)
Proposal for a directive
Recital 57
Recital 57
(57) Women with disabilityies disproportionately experience violence against women and domestic violence and due to their disabilitygender- based violence and due to a lack of accessibility and specialists service provisions often have difficulties in accessing protection and support measures. Therefore, Member States should ensure they can benefit fully from the rights set out in this Directive, on an equal basis with others, while paying due attention to the particular vulnerability of such victims and their likely difficulties to reach out for help.
Amendment 599 #
2022/0066(COD)
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as long-term awareness- raising campaigns, are taken to counter violence against women and domestic violence. Prevention promoting pro-social behaviours, are taken to counter gender-based violence. Any campaigns targeting the general public need to be coordinated with specialised support services, as they are bound to increase support demand. Special attention in awareness-raising campaigns should be paid to victims experiencing discrimination and violence motivated on the basis of combination of their gender or sex and other grounds, and by victims at an increased risk of domestic violence. All preventive measures need to be grounded in human rights and gender equality, and should be carried out by qualified staff. Programs that scientific evaluation has identified as effective or promising in preventing gender-based violence include school-based programmes to prevent child sexual abuse or dating violence; feminist self-defence for women and girls; bystander intervention programmes; and community-based programmes to transform gender norms. They should also take place in and outside of formal education, in particular, through strengthening sexualitycomprehensive sexuality and relationship education and socio- emotional competencies, empathy and developing healthy, consensual and respectful relationships.
Amendment 615 #
2022/0066(COD)
Proposal for a directive
Recital 59
Recital 59
(59) Member States should take measures to prevent the cultivation of harmful gender stereotypes to eradicate the idea of the inferiority of women or stereotyped roles of women and men. This could also include measures aimed at ensuring that culture, custom, religion, tradition or honour is not perceived as a justification for, or a more lenient treatment of, offences of violence against women or domesticgender-based violence. Considering that from a very young age onwards, children are exposed to gender roles that shape their self-perception and influence their academic and professional choices as well as expectations of their roles as women and men throughout their life, it is crucial to address gender stereotypes as of early- childhood education and care. Member States should take appropriate measures to ensure that programmes for offenders are also available for men and other people that are referred or self-referred outside of the criminal justice system and that immediate access to support is available, recognising their role in preventing future violence.
Amendment 620 #
2022/0066(COD)
Proposal for a directive
Recital 60
Recital 60
(60) In order to ensure victims of violence against women and domesticgender-based violence are identified and receive appropriate support, Member States should ensure that frontline professionals dealing with victims and offenders of all acts of gender-based violence and other professionals likely to come into contact with victims receive adequate, mandatory, gender-sensitive and systematic training and targeted information. Trainings should cover the risk and prevention of violence, intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functions, as well as how to identify, respond and provide relevant referrals for the offenders. Trainings, moreover, should include prevention and identification of sexual harassment of the most marginalised groups who are often mistrusted when reporting, such as women with disabilities. To prevent and appropriately address instances of sexual harassment at work, cyber violence at work and domestic violence, as well as its consequences, persons with supervisory functions, trade union representatives and workplace health and safety representatives, should also receive training. These trainings should also cover assessments regarding sexual harassment at work, cyber violence at work and domestic violence and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. In all cases, trainings should also be provided on how to prevent that the offender adopts violent or non-prosocial behaviour, and take protective measures that do not penalise the victim and other co-workers. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).
Amendment 630 #
2022/0066(COD)
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities and prevent secondary victimisation, Member States should liaise with non-governmental organisations, specialist services, law enforcement authorities, civil society and community- based organisations, in the development of trainings in particular regarding harmful gender stereotypes and prejudices, including multiple discrimination grounds, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
Amendment 639 #
2022/0066(COD)
Proposal for a directive
Recital 62
Recital 62
(62) Intervention programmes should be set up to prevent and minimise the risk of (repeated) offences of violence against women or domesticgender-based violence. The programmes should specifically aim at teachingensuring that offenders or those at risk of offending how to adopt non- violent and pro-social behaviour in interpersonal relationships and how to counter violent behavioural patterns. Programmes should encourage offenders to take responsibility for their actions and examine their attitudes and beliefs towards women. Member States should ensure that perpetrator interventions comply with minimum standards and are in accordance with the best practices as demonstrated through data collected by the member states. Perpetrator intervention minimum standards should: a) be established only by trained professionals; b) have a holistic, gender- based and victims’ rights approach; c) include an individual risk assessment; d) hold perpetrators accountable and ensure that they adopt a non-violent and pro- social behaviour; e) be part of and integratable with multi-agency networks; f) strive towards a strong compatibility and collaboration with specialist services, particularly women’s support services; g) be adequately funded; h) provide guidelines for the evaluation of the outcome.
Amendment 644 #
2022/0066(COD)
Proposal for a directive
Recital 63
Recital 63
(63) In order to ensure that victims of the offences of cyber violence contained in this Directive can effectively realise their rights to have illegal material relating to such offences removed, Member States should encourage the cooperation between providers of intermediary services, as well as between providers of intermediary services, authorities and civil society organisations, such as through the establishment of Trusted Flaggers pursuant to Article 22 Regulation 2022/2065. To ensure that such material is detected early on and tackled effectively and that victims of those offences are adequately assisted and supported, Member States should also facilitate the establishment or use of existing self- regulatory measures of a voluntary nature, such as codes of conduct, including on the detection of systematic risks in relation to such cyber violence and the training of the providers’ employees concerned by preventing such violence and assisting victims, including psychological support.
Amendment 645 #
2022/0066(COD)
Proposal for a directive
Recital 63 a (new)
Recital 63 a (new)
(63a) Member States should also encourage the cooperation between providers of intermediary services as well as between providers of intermediary services, authorities and civil society organisations to ensure that victims of cyber violence are adequately assisted and supported. As cyber violence encompasses not only threats of violence but also the use of intrusions into a device to obtain, steal, reveal or manipulate intimate data, to broadcast personal data (“doxing”), or to stalk an individual. Assistance and support should therefore include training, technical assistance and resources to perform hardware checks to detect installed stalker software or apps, give advice to victims on how to use technology in a safe manner and provide guidance to technology companies to define the types of application behaviours that qualifies apps to be flagged as stalkerware.
Amendment 649 #
2022/0066(COD)
Proposal for a directive
Recital 64
Recital 64
(64) Policies to adequately tackle violence against women and domesticgender-based violence can only be formulated on the basis of comprehensive and comparable disaggregated data. In order to effectively monitor developments in the Member States and fill the gaps of comparable data, Member States should regularly conduct surveys using the harmonised methodology of the Commission (Eurostat) to gather data and transmit these data to the Commission (Eurostat and the European Institute of Gender Equality).
Amendment 651 #
2022/0066(COD)
Proposal for a directive
Recital 64 a (new)
Recital 64 a (new)
(64a) The relevant agencies, in particular the European Institute for Gender Equality should be provided with the necessary human and financial resources to fulfil the objectives, tasks and responsibilities assigned to it under this directive financed by a contribution from the general budget of the Union, with the necessary appropriations drawn exclusively from unallocated margins under the relevant heading of the multiannual financial framework and/or through the mobilisation of the relevant special instruments
Amendment 654 #
2022/0066(COD)
Proposal for a directive
Recital 65
Recital 65
(65) Member States should ensure that the data is collected are limited to whfor stat is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against women and domestictical purposes in order to support the research, the monitoring of the prevalence and trends of all forms of gender-based violence and design new policy strategies in this field. Data collected should include the context in which the offence took place, such as at home, at the workplace or online, as well as information about whether a victim is at a heightened risk of experiencing gender-based violence, and design new policy strategies in this fields this will inform future targeted policy actions. It should also include whether violence was committed against victims affected by intersectional discrimination as defined in recital 11. When sharing the data collected, no personal data should be included.
Amendment 658 #
2022/0066(COD)
Proposal for a directive
Recital 68
Recital 68
(68) Since the objective of this Directive, namely to prevent and combat violence against women and domesticgender-based violence across the Union on the basis of common minimum rules, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the envisaged measures, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective.
Amendment 659 #
2022/0066(COD)
Proposal for a directive
Recital 68 a (new)
Recital 68 a (new)
(68a) Member States should develop a common gender budgeting framework to ensure the implementation of this directive. This common gender budgeting framework should identify the concrete mechanisms through which the coordination among relevant national, regional and local stakeholders will be dealt with in order to implement this Directive, including best practices for improved cooperation between national authorities and civil society organizations such as specialist services, including women’s specialist services.
Amendment 664 #
2022/0066(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Directive lays down rules to prevent and combat violence against women and domesticgender based violence. It establishes minimum rules concerning:
Amendment 670 #
2022/0066(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) the rights of victims of all forms of violence against women or domesticgender based violence before, during or after criminal proceedings;
Amendment 671 #
2022/0066(COD)
Proposal for a directive
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) victims’ protection and victims’ support.measures for the protection, support and reparation of victims of all forms of gender-based violence
Amendment 674 #
2022/0066(COD)
Proposal for a directive
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) the establishment and development of minimum rules on prevention measures.
Amendment 681 #
2022/0066(COD)
Proposal for a directive
Article 2 – title
Article 2 – title
2 Victims at an increased risk of gender based violence and specific risks, including intersectional discrimination
Amendment 682 #
2022/0066(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of gender or sex and other grounds such as nationality, race, colour, ethnic or social origin, genetic features, gender identity, gender expression, language, religion or belief, political or any other opinion, membership of a national minority, resources, birth, disability, age, sexual orientation, and socioeconomic class as well as other victims at an increased risk of domestic violence, so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5), Article 35(1) and Article 37(7).
Amendment 688 #
2022/0066(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Member States shall ensure that, in the application and implementation of this Directive, particular attention is paidgiven to the risk of intersectional discrimination, intimidation, retaliation, secondary and repeat victimisation and to the need to protect the privacy, as well as the physical and psychological dignity and physical integrity of victims.
Amendment 691 #
2022/0066(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) acts of violence against women or domesticgender based violence as criminalised under other instruments of Union law;
Amendment 692 #
2022/0066(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) any other acts of violence against women or domesticgender-based violence as criminalised under national law.
Amendment 696 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) “gender-based violence against women” meansis a violation of human rights and a form of discrimination and means all acts of gender-based violence, that isare directed against a woman or a girl because she is a woman or a girl or that affects women or girls in all their diversity disproportionately, including all acts of such violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;
Amendment 703 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) “gender-based violence” means violence, or threats of such violence, that is directed against a person because of that person's gender, gender identity, gender expression or sex characteristics;
Amendment 711 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) “domestic violence” means all acts of violence that result in, or are likely to result in, physical, sexual, psychological, social or economic harm or suffering, cohesive control, or suffering, including threats of such acts, that occur within the family or domestic unit, irrespective of biological or legal family ties, or between former or current spouses or partners, whether or not the offender shares or has shared a residencehousehold with the victim;
Amendment 719 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
Amendment 731 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) “gender” means the socially constructed roles, behaviours, activities, and attributes that a given society considers appropriate within the binary construction of gender as male and female.
Amendment 732 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) “cyber violence” means any act of or gender-based cyber-violence” means any act or the extension of any act of gender-based violence covered by this Directive that is committed, assisted or aggravated in part or fully by the use of information and communication technologies;
Amendment 733 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d a (new)
Article 4 – paragraph 1 – point d a (new)
(da) “gender based cyber violence against women” is understood as any act of gender-based cyber violence that is directed against a woman because she is a woman or affects women disproportionately;
Amendment 735 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point f a (new)
Article 4 – paragraph 1 – point f a (new)
(fa) “sexual harassment” means any form of unwanted physical, verbal, non- verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment or when a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for job-related decisions;
Amendment 736 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point f b (new)
Article 4 – paragraph 1 – point f b (new)
(fb) “providers of hosting services” means providers of the services as defined in Article 3 point (g) (iii) of Regulation (EU) 2022/2065 of the European Parliament and of the Council on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act);
Amendment 739 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
(g) “sexual harassment at work” means any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, where it occurs in the course of, linked with, or arising in matters of employment, occupation and self-employmentfrom the world of work, including service personnel, informal and undocumented work, with the purpose or effect of violating the dignity of the victim, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment;
Amendment 741 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point g a (new)
Article 4 – paragraph 1 – point g a (new)
(ga) “cyber harassment” means unwanted conduct related to the gender or sex of a person, including of a sexual nature, by means of information and communication technologies with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment;
Amendment 742 #
2022/0066(COD)
(gb) “incitement” means statements about gender, race, colour, religion, descent or national or ethnic origin, which create an imminent risk of discrimination, hostility or violence against persons belonging to those groups.
Amendment 743 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) “child” means any person below the age of 18 years; where the age of the victim is not certain but there are reasonable grounds to believe that the victim is under 18 years of age, the victim is presumed to be a child and benefits from special protection measures pending age verification;
Amendment 747 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point i a (new)
Article 4 – paragraph 1 – point i a (new)
(ia) “intimate material” means a visual recording or other material of a personal and private nature of a person made by any means, including a photograph, film, video recording or other images (a) in which the person is nude or is exposing their genital organs or anal region or breasts, or is engaged in explicit sexual activity; (b) which was recorded in circumstances that gave rise to a reasonable expectation of privacy; and/or (c) the person depicted retains a reasonable expectation of privacy at the time of the recording.
Amendment 748 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point i b (new)
Article 4 – paragraph 1 – point i b (new)
(ib) “Prevention” means a multi- layered approach of primary, secondary and tertiary action. These three levels complement each other and only together, they can combat gender based violence and protect victims effectively. Primary prevention focuses on reducing vulnerability before violence occurs so as to avoid its occurrence; secondary prevention focuses on identifying violence and intervening to disrupt it as early as possible; tertiary prevention focuses on long-term intervention to reduce the negative impact of violence and prevent recidivism.
Amendment 761 #
2022/0066(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) engaging with a woman or another person in any non- consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object;
Amendment 765 #
2022/0066(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) causing a woman or another person to engage with another person in any non-consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object.
Amendment 769 #
2022/0066(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Consent shall be given voluntarily as the result of free will and it shall be assessed in the context of the surrounding circumstances. Member States shall ensure that a non-consensual act is understood as an act which is performed without the woman’sperson’s explicit consent given voluntarily or where the womaperson is unable to form or express a free will due to their physical or mental condition, thereby exploiting their incapacity to form or express a free will, such asincluding but not limited to being in a state of fear, unconsciousness, intoxication, chemical submission sleep, illness, bodily injury or disability.
Amendment 779 #
2022/0066(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Consent is needed for each separate act and can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the womaperson’s silence, verbal or physical non-resistance or, past sexual conduct, or existing or past relationship with the offender.
Amendment 793 #
2022/0066(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) excising, infibulating or performing any other mutilation to the whole or any part of the labia majora, labia minora or clitoris;, including if performed by a healthcare professional and/or in a medical setting
Amendment 801 #
2022/0066(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6 a Forced abortion and forced sterilisation Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) performing an abortion on a woman without her prior and informed consent. (b) performing surgery which has the purpose or effect of terminating a woman’s capacity to naturally reproduce without her prior and informed consent or understanding of the procedure. (c) Member States shall ensure that the prior and informed consent of the woman to undergothe abortion or surgery referred to in points (a) and (b) of this article cannot be replaced by the consent of a parent, legal guardian or court’s decision.
Amendment 808 #
2022/0066(COD)
Proposal for a directive
Article 6 b (new)
Article 6 b (new)
Article 6 b Intersex Genital Mutilation Intersex genital mutilation Member States shall ensure that the following intentional conduct is punishable as a criminal offence: 1) Performing any surgical or medical procedure or hormonal treatment on the sex characteristics of a person with variations of sex characteristics, with the purpose or effect of altering such characteristics so that they align with those considered typically female or male: a. In the case the person referred to in paragraph 1 has the capacity to provide consent to the procedure or treatment, if the person does not provide informed consent; b. In the case the person referred to in paragraph 1 does not have the capacity to provide consent to the procedure or treatment, unless an urgent procedure or treatment is undertaken on reasonable grounds to save the person’s life or prevent serious damage to the person’s physical health. 2) Coercing a person with variations of sex characteristics to undergo any of the procedures or treatments referred to in paragraph 1 , or coercing the person holding parental responsibility to authorise any of the procedures referred to in paragraph 1.
Amendment 823 #
2022/0066(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) making intimate images, or videos or other material, including those depicting sexual activities, of another person without that person’s explicit consent accessible to a multitude ofother end-users by means of information and communication technologies;
Amendment 830 #
2022/0066(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) producing or manipulating and subsequently making accessible to a multitude of end- users, by means of information and communication technologies, images, videos or other material, making it appear as though another person is engaged in sexual activities or as if intimate images, videos or other material from another person, without that person’s explicit consent;
Amendment 850 #
2022/0066(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) persistently engaging in threatening or intimidating conduct directed at another person, by means of information and communication technologies, which causes that the person fears for own safety or that the person fears for safety of dependants;home environment, including family dependants, relatives or partners
Amendment 852 #
2022/0066(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) placing another person under continuous surveillance, without that person’s explicit consent or legal authorisation to do so, by means of information and communication technologies, to track or monitor that person’s movements and activities;
Amendment 858 #
2022/0066(COD)
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) making material containing the personal data of another person, without that person’s explicit consent, accessible to a multitude ofother end-users, by means of information and communication technologies, for the purpose of inciting those end-users to cause physical or significant psychological harmharm or damage to the person.
Amendment 869 #
2022/0066(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) initiating an attack publicly or with third parties directed at another person, by making threatening or insulting material accessible to a multitude ofrelated to the gender or sexual activities of the person, accessible to other end-users, by means of information and communication technologies, with the effect of causing significant psychological harmdisparaging or causing harm or damage to the attackconcerned person;
Amendment 881 #
2022/0066(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that the intentional conduct of inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex or gendergender, sex or other protected groups under EU law, as referenced in Article 2 of this directive, by disseminating to the public material containing such incitement to violence or hatred by means of information and communication technologies is punishable as a criminal offence.
Amendment 887 #
2022/0066(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
In order to ensure online material qualifies as amounting to incitement to hatred or violence Members States shall consider a threshold test that includes the publicity of the message, the context of the message, the position of the speaker, intent, content and form of the speech, the extent of the speech act, and likelihood, including imminence of succeeding of the violence or hatred.
Amendment 892 #
2022/0066(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that inciting, and aididing, abetting and abetttempting the commission of any of the criminal offences referred to in Articles 5 to 910 are punishable as criminal offences.
Amendment 894 #
2022/0066(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 910 #
2022/0066(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offence referred to in Article 6 is, 6a and 6b are punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 926 #
2022/0066(COD)
Proposal for a directive
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) the offence, or another criminal offence of violence against women or domesticgender-based violence, was committed repeatedly;
Amendment 929 #
2022/0066(COD)
Proposal for a directive
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the offence was committed against a person made vulnerable by particular circumstances, such as residence status, a situation of dependence, or a state of physical, mental, intellectual or sensory disability or distress, or living in institutions, including reception centres, detention facilities or accommodation centres for asylum seekers;
Amendment 953 #
2022/0066(COD)
Proposal for a directive
Article 13 – paragraph 1 – point o a (new)
Article 13 – paragraph 1 – point o a (new)
(o a) the offence was committed against an undocumented migrant woman or an asylum-seeking woman;
Amendment 957 #
2022/0066(COD)
Proposal for a directive
Article 13 – paragraph 1 – point o b (new)
Article 13 – paragraph 1 – point o b (new)
(o b) the offence was committed against a public representative, a journalist or a human rights defender
Amendment 959 #
2022/0066(COD)
Proposal for a directive
Article 13 – paragraph 1 – point o c (new)
Article 13 – paragraph 1 – point o c (new)
(o c) The material uploaded by the offender has previously been subject to a removal order related to the offences referred to in Articles 7, 8, 9 and 10 of this directive
Amendment 982 #
2022/0066(COD)
Proposal for a directive
Article 16 – title
Article 16 – title
16 Reporting of violence against women or domesticgender-based violence
Amendment 986 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims, can report criminal offences of violence against women or domesticgender-based violence to the competent authorities in an easy and accessible manner, as well as in a safe environment, and that competent authorities take them seriously. This shall include the possibility of reporting criminal offences online or through other accessible and secure information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.
Amendment 991 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1 a. Member states shall ensure that victims are referred to a specialised and trained contact person within the competent authority irrespective of whether or not a criminal complaint is filed, and that any personal data of the victims shall not be revealed to offenders accessing the files.
Amendment 998 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that offences of violence against women or domesticgender-based violence have occurred, or that further acts of violence are to be expected, to report this to the competent authorities. Member States shall guarantee that the victim is informed about these third-party reports in advance and that an adequate risk assessment, risk management and safety planning are implemented before active steps are taken against the offender to ensure the safety of the victims and their children.
Amendment 1000 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States shall ensure that the confidentiality rules imposed by national law on relevant professionals, such as healthcare professionals, do not constitute an obstacle to their reporting to the competent authorities if they have reasonable grounds to believe that there is an imminent risk that serious physical harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. If the victim is a child, the relevant professionals shall be able to report to the competent authorities if they have reasonable grounds to believe that a seriousn act of violence covered under this Directive has been committed or further serious acts of violence are to be expected. Where professionals report such instances of gender-based violence, including when the victim is a child, victims shall be duly informed in advance, a gender-sensitive and child-competent risk assessment and risk management conducted, and tailored safety, protection and support measures adopted before active steps are taken against the offender.
Amendment 1014 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Where children report criminal offences of violence against women or domesticgender-based violence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity. If the offence involves the holder of parental responsibility, Member States should ensure reporting is not conditional upon this person’s consent.
Amendment 1016 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Member States shall ensure that the competent authorities and other services coming in contact with a victim reporting offences of violence against women or domesticgender-based violence are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment referred to in Article 18.
Amendment 1020 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 5 a (new)
Article 16 – paragraph 5 a (new)
5 a. Member States shall ensure that competent authorities who come into contact with the victim who reports violence take into account the presence of the victim’s dependants when violence has occurred. Furthermore, competent authorities shall assess the state of physical and mental health of the dependants, to issue orders as referred to in Article 21 and seek compensation as referred to in Article 26.
Amendment 1028 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that personsstaff, units or services investigating and prosecuting violence against women or domestic violence have sufficient expertisegender-based violence have sufficient and specialised expertise, capacity and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.
Amendment 1030 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that reported offences of violence against women or domesticgender-based violence are processed and transferred without delay to the competent authorities for prosecution and investigainvestigation and prosecution.
Amendment 1032 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The competent authorities shall promptly and effectively record and investigate allegations of violence against women or domesticgender-based violence and ensure that an official complaint is filed in all cases.
Amendment 1034 #
2022/0066(COD)
3 a. Member states shall ensure that providing evidence should not represent a burden for the victims or contribute to further victimisation.
Amendment 1035 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The competent authorities shall promptly refer victims to relevant health care professionals or specialist support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services, and to provide victims of sexual violence with appropriate medical care, including for the clinical management of rape. Victims shall not be pressured to bring charges or report the offence to the authorities. Victims shall be provided with information on the options available in securing evidence for an eventual criminal procedure, taking into consideration their actual physical and mental state and trauma.
Amendment 1045 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Investigations into or prosecution of offences referred to in Articles 5 and 6 shall not be dependent on reporting or accusation by a victim or by their representative, and criminal proceedings shallmay continue even if the report or accusation has been withdrawn under the condition that a comprehensive risk assessment has been conducted to identify and manage the emergent risks to the victim from a continuation of criminal proceedings.
Amendment 1049 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5 a. Member States shall ensure that investigation and prosecution of offences referred in Articles 7, 8, 9 and 10 are initiated following a report by or on behalf of the victim or upon judicial authorisation.
Amendment 1055 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. In tThe framework of the individual assessment which is to be carried out under Article 22 of Directive 2012/29/EU, . Member States shall ensure that, as regards victims covered by this Directive, the additional elements as set out in paragraphs 2 to 78 of this Article are assessed in the individual risk assessment. .
Amendment 1057 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1 a. Member States shall ensure that the instruments used for the individual assessment are built on data derived from the European context to ensure their validity and reliability.
Amendment 1058 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. This specialised gender-sensitive individual assessment shall be initiated immediately by specialist services upon the first contact of the victim with the competent authorities. The competent judicial authorities shall verify at the latest at the initiation of criminal proceedings whether an assessment has been conducted. If this has not been the case, they shall remedy the situation by undertaking an assessment as soon as possiblewithout further delay.
Amendment 1066 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of gender, sex and other grounds and therefore face a heightened risk of violence, whether they are pregnant, as well as the victim’s own account and assessment of the situation. It shall be conducteould consider whether the victim keeps any companion animals. It shall be conducted with a gender-sensitive approach and in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.
Amendment 1075 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 5 – point c
Article 18 – paragraph 5 – point c
(c) further measures to manageensure that the offender or suspect’s to adopts a non- violent and pro-social behaviour, in particular under Article 38 of this Directive.
Amendment 1079 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The individual assessment shall be undertaken by adequately trained professionals in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as victim protection centres and women’s shelters, social services and healthcare professionalspecialist services, including women’s specialist services and other relevant actors, such as social services, children specialised services, healthcare professionals, and other relevant victim protection centres.
Amendment 1088 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 7
Article 18 – paragraph 7
7. Competent authorities shall update the individual assessment at regular intervals to ensure the protection measures relate to the victim’s current situation. Thiseffectively and sufficiently address the victim’s current situation and needs. The individual assessment shall include an assessmentevaluation of whether protection measures, in particular under Article 21, need to be adapted or taken.
Amendment 1090 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 8
Article 18 – paragraph 8
8. Victims’ dependants shall be presumed to have specific protection needs without undergoing the assessment referred to in paragraphs 1 to 67.
Amendment 1091 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 8 a (new)
Article 18 – paragraph 8 a (new)
8a. Member States shall ensure that the safety and welfare of children take precedence over the rights of access of the offender when there are reasonable doubts as to safe contact with the child from both a physical and emotional point of view. In the determination of the custody and visitation rights of children, incidents of violence should be taken into account. Member States shall take the necessary legislative or other measures to ensure that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victims including children.
Amendment 1093 #
2022/0066(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that, taking into account the individual assessment referred to in Article 18, the competent authorities assess thestablish a system for the individual assessment that is adapted to the identification of immediate needs at the first contact and the support needs of victim’s and their dependant’s individual needs for support as provided for under Chapter 4within criminal proceedings, is repeated regularly, and is carried out in collaboration with other relevant authorities, depending on the stage of the proceedings. Such systems should be adapted to vulnerable victims and to those being supported through a multi-agency centre.
Amendment 1095 #
2022/0066(COD)
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. The individual assessment as well as the provision of services shall not depend on the victim’s willingness to press charges or testify against the offender.
Amendment 1100 #
Amendment 1104 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. In addition to any referral, if the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that specialised support services contact victims to offer support., only with the victim’s knowledge and consent
Amendment 1108 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1 (new)
Article 20 – paragraph 1 – subparagraph 1 (new)
Amendment 1109 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The competent authorities shall respond to requests for protection and support, including medical care, in a timely and coordinated manner. They should be available without undue financial or administrative burden placed on the victim and irrespective of their residential or legal status.
Amendment 1115 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Where needed, they shall be able toMember States shall ensure that the competent authorities can refer child victims, including witnesses, to specialist support services without the prior consent of the abusive parent who is the holder of parental responsibility. In this case, the safety and protection needs of the non-abusive parent shall be assessed in parallel.
Amendment 1119 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. The referral to support services, including specialist support services, as well as the provision of services shall not depend on the victim’s willingness to press charges or testify against the offender.
Amendment 1131 #
2022/0066(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Member States shall ensure that the competent authorities can issue restraining or protection orders to provide long-term protection for victims or their dependants and their companion animals against any acts of violence covered by this Directive, including by prohibiting or restraining certain dangerous behaviour of the offender or suspect.
Amendment 1134 #
2022/0066(COD)
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Member States shall ensure that in situations in which barring, restraining and protection orders are issued, perpetrators are informed and encouraged to enrol in specialised programmes addressing gender based violence.
Amendment 1144 #
2022/0066(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that the competent authorities informprovide victims ofwith the possibility to apply for emergency barring and restraining or protection orders, as well as the possibility to seek cross-border recognition of protection orders pursuant to Directive 2011/99/EU or Regulation (EU) No 606/2013.
Amendment 1149 #
2022/0066(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
Without prejudice to the rights of defence, Member States shall ensure that, in criminal investigations and court proceedings, questions, enquiries and evidence concerning past sexual conducthistory and/or victim blaming attitudes towards conduct or attire of the victim or other aspects of the victim’s private life related thereto, including, where relevant, notes from counselling or therapy sessions, are not permitted.
Amendment 1152 #
2022/0066(COD)
Proposal for a directive
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
Member States shall take the necessary legislative measures to prohibit mandatory alternative dispute resolution processes, in relation to all forms of violence covered by the scope of this Directive.
Amendment 1158 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
Member States shall issue guidelines for the competent authorities acting in criminal proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domesticgender-based violence. Those guidelines shall include guidance on:
Amendment 1160 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point a a (new)
Article 23 – paragraph 1 – point a a (new)
(aa) how to apply a gender-responsive and intersectional approach in all actions and measures;
Amendment 1166 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) how to treat victims in a trauma-, gender- disability-, language- and child- sensitive manner including through an intersectional approach as referred to in Article 2 of this directive;
Amendment 1173 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) how to ensure that victims are treated in a respectful way and that the proceedings are conducted in a manner as to prevent secondary or repeat victimisation;
Amendment 1174 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
(e) how to cater to the enhanced protection, medical and support needs of victims experiencing discrimination based on a combination of gender or sex and other grounds;
Amendment 1183 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point g
Article 23 – paragraph 1 – point g
(g) how to refer victims to support services, including medical services, to ensure the appropriate treatment of victims and handling of cases of violence against women or domestic violencegender-based violence without delay.
Amendment 1185 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point g a (new)
Article 23 – paragraph 1 – point g a (new)
(ga) how to identify, recognise different typologies of offenders and address issues of minimisation, denial and victim- blaming, actively encouraging men to take responsibility for their violence and to voluntarily enrol in perpetrator programmes.
Amendment 1189 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point g b (new)
Article 23 – paragraph 1 – point g b (new)
(gb) how to deal with cases of cyber violence
Amendment 1190 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1 (new)
Article 23 – paragraph 1 – subparagraph 1 (new)
The Guidelines shall be elaborated in close cooperation with specialist services. They shall be reviewed at regular intervals, in light of their practical application, with the involvement of the specialist services, and necessary changes shall be made, if appropriate.
Amendment 1199 #
2022/0066(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point a
Article 24 – paragraph 1 – subparagraph 1 – point a
(a) provide independent assistance and advice to victims of violence against women and domestic violencegender-based violence and witnesses;
Amendment 1208 #
2022/0066(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Member States shall ensure that the bodies referred to in paragraph 1 can act on behalf or in support of one or several victims of violence against women or domesticgender-based violence in judicial proceedings, including for the application for compensation referred to in Article 26 and removal of online content referred to in Article 25, with the victims’ approval.
Amendment 1211 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall take the necessary measures to ensure the prompt removal of material referred to in Article 7, points (a) and (b), Article 8, point (c), and Articles 9 and 10. Those measures shall include the possibility for their competent judicial authorities to issue, upon application by the victim, binding legal orders to remove or disable access to such material addressed to relevant providers of intermediary services.hosting services; Article 9 of Regulation 2022/2065 shall apply to these orders mutatis mutandis
Amendment 1218 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Member States shall ensure that orders referred to in paragraph 1 and 2 are valid for an appropriate time period not exceeding the duration of any related criminal proceedings or one year, subject to renewal for an additional appropriate time period, upon application by the victim, where the judicial authority seized considers that the conditions of paragraph 2 continue to be met. However, Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a) and (b), Article 8, point (c), Article 9 or Article 10 are terminated without leading to the finding of such an offence having been committed, the orders are invalidated and the provider of intermediary services concerned is informed thereof.
Amendment 1219 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Member States shall ensure that orders to disable access referred to in paragraph 1 and 2 are valid for an appropriate time period not exceeding one year, subject to renewal for an additional appropriate time period, upon application by the victim, where the judicial authority seized considers that the conditions of paragraph 2 continue to be met. However, Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a) and (b), Article 8, point (c), Article 9 or Article 10 are terminated without leading to the finding of such an offence having been committed, the orders are invalidated and the provider of intermediaryhosting services concerned is informed thereof.
Amendment 1220 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Member States shall ensure that the orders and other measures referred to in paragraphs 1 and 2 are taken following transparent procedures and are subject to adequate safeguards, in particular to ensure that those orders and other measures are limited to what is necessary and proportionate and that due account is taken of the rights and interests of all parties involved, that human review and legal certainty is ensured, all affected parties can exercise their right to effective judicial redress in accordance, and that due account is taken of the rights and interests of all parties involved, including the fundamental rights of the parties concerned in compliance with the Charter.
Amendment 1222 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Member States shall ensure that the end-users of the relevant services are informed, where appropriate by the intermediaryhosting service providers concerned, of the reasons for the removal of or disabling access to the material pursuant to the orders or other measures referred to in paragraphs 1 and 2 and that those end-users have access to judicial redress.
Amendment 1225 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 6 a (new)
Article 25 – paragraph 6 a (new)
6a. Member States shall ensure these measures do not prevent providers of intermediary services from offering end- to-end encrypted services.
Amendment 1231 #
2022/0066(COD)
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure that victims have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domesticgender-based violence.
Amendment 1232 #
2022/0066(COD)
Proposal for a directive
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. Member States shall ensure that when an offender compensation is awarded, the State may take over the enforcement of the award when the offender does not make the payment within a period of 8 months.
Amendment 1233 #
2022/0066(COD)
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The damage shall include costs for healthcare services, support services, rehabilitation, loss of income and other reasonable costs that have arisen as a result of the offence or to manage its consequences. The amount of the damages awarded shall also compensate for physical and psychological harm and moral prejudice. The victims shall be further entitled to claim damages compensating them for psychological harms and mental suffering.
Amendment 1244 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Member States shall ensure that specialist support services referred to in Article 9(3) of Directive 2012/29/EU are available for victims of acts of violence covered by this Directive. The specialist support services shall provi, including sexual violence, female genital mutilation, forced marriage, forced abortion, forced sterilisation, sexual harassment and of various forms of cyber violence, regardless of their race, ethnicity, nationality, citizenship, socio-economic background, place of residence or residence status. The specialist support services shall be adequately resourced and managed by professionals who are specifically trained to assist and refer the victims to the appropriate services that shall include:;
Amendment 1250 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) advice and, information and support on anyll relevant immediate and long-term legal or practical matters arising as a result of the crime, including on access to housinglegal and psychological counselling, consultation on safety, financial assistance and benefits, access to housing, healthcare, including physical and psychological medical care, childcare, education, training and assistance to remain in or find employment; , as well as referrals to relevant general support services;
Amendment 1257 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point a a (new)
Article 27 – paragraph 1 – point a a (new)
(aa) Immediate gender-sensitive support including, safe shelter, psychosocial support, legal advice and assistance, and socio-economic support;
Amendment 1259 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point a b (new)
Article 27 – paragraph 1 – point a b (new)
(ab) Referrals to adequate specialist services including, but not limited to, rape crisis centre, women’s support centers, women’s shelters, sexual violence referral centers, and primary prevention services;
Amendment 1260 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) referrals to medical forensic examinationscare, including sexual and reproductive healthcare, rape crisis centres, forensic examinations and comprehensive healthcare services and social services, including the clinical management of rape;
Amendment 1265 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) support to victims of cyber violence, including securing of evidence and advice on judicial remedies and remedies to remove online content related to the crime, psychological counselling, as well as advice and information on how to continue an active online life.
Amendment 1272 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point c a (new)
Article 27 – paragraph 1 – point c a (new)
(ca) IT-hardware checks and advice and information on online safety including on stalkerware.
Amendment 1274 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1 (new)
Article 27 – paragraph 1 – subparagraph 1 (new)
Member States shall ensure that access to any victim support services is free of charge and is not dependent on a victim making a formal complaint about a criminal offence to a competent authority.
Amendment 1275 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. Member States shall ensure that support services focus on the human rights and safety of the victim; are based on an integrated approach that takes into account the relationship between victims, offenders, children and their wider social environment; aim to prevent secondary victimisation; aim to empower and achieve economic independence of women victims of violence; and address specific needs of vulnerable persons, including child victims, and made available to them.
Amendment 1279 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Specialist support referred to in paragraph 1 shall be offered in-person and shall be easily accessible via sufficient geographical distribution, including online or through other adequate means, such as information and communication technologies, tailored to the needs of victims of violence against women and domestic violencegender-based violence. The support shall be provided in a language that the victim can understand and in a manner that is age-appropriate for the victim.
Amendment 1284 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Member States shall ensure that specialist support services provided by non-governmental organisations have sufficient human and financial resources to provide the services referred to in paragraph 1, especially those referred to in point (c) of that paragraph free of charge to service users, including where such services are provided by non- governmental organisationsthe Member state .
Amendment 1290 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 4 a (new)
Article 27 – paragraph 4 a (new)
4a. Member States shall provide the protection and specialist support services necessary to comprehensively address the multiple needs of victims at the same premises, or have such services coordinated through a central contact point, or through online access to such services. Such combined offering of services shall include at least first hand medical care, referrals to comprehensive healthcare services and social services, psychosocial support, legal, and police services, and be available and accessible to victims with disabilities and other marginalised communities.
Amendment 1291 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for all relevant professionals, including healthcare and, social service professionaland child welfare/protection services on identifying and providing appropriate support to victims of all forms of violence against women and domestic violengender based violence, including treating victims in a sensitive manner, with consideration for the potential discrimination outlined in Article 2 of this directive, avoiding stereotypes, preventing secondary or repeat victimisation, and on referring victims to the relevant support services. Such guidelines and protocols shall be developed in close cooperation with specialist services, including on referring victims to the relevant support servwomen’s specialist services, based on their expertise and best practices, and taking into consideration the process and content of relevant risk assessment, risk management and safety planning, as regulated by Articles 18, 19 and 23 of this Directive. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of gender or sex and other grounds of discrimination. Such guidelines and protocols shall also address the specific needs of victims of sexual violence, as referred to in Article 28.
Amendment 1298 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 6
Article 27 – paragraph 6
6. Member States shall ensure that specialist support services remain fully operational for victims of violence against women and domesticgender based violence in times of crisis, such as health crises or other states of emergency., by providing sufficient upfront funding, to cover the costs to adequately adapt and respond to such crises
Amendment 1301 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 7
Article 27 – paragraph 7
7. Member States shall ensure that specialist support services are available to victims before, during and for an appropriate time after criminal proceedingtailored assistance and support to victims of gender based violence is available, free of charge, victims-centred and provided before, during and after the violence occurs.
Amendment 1306 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 7 a (new)
Article 27 – paragraph 7 a (new)
7a. Member States shall ensure a minimum of one rape crisis or sexual violence referral centres per 200,000 women.
Amendment 1307 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 7 b (new)
Article 27 – paragraph 7 b (new)
7b. Member States shall implement workplace support systems for victims of gender based violence including sexual harassment and domestic violence encompassing flexible and tailored support which should include paid leave, options to reduce or change work tasks for an agreed period of time, domestic violence risk assessment, financial support in cases of financial abuse, and personalised safety plans, amongst other to support from external gender based violence support organisations.
Amendment 1308 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 7 c (new)
Article 27 – paragraph 7 c (new)
7c. Member States shall ensure victims are able to take a minimum of 10 days of safe leave, not dependant on the filing of a formal complaint, which shall guarantee them the time to take any measures necessary to ensure the health and/or safety of themselves and their dependants, regardless of any other leave arrangements and independent from any other contractual obligations of the victim.
Amendment 1310 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, easily accessible rape crisis centres and or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence (such as rape, sexual harassment, cyberviolence, obsteric violence, genital mutilation, sexual abuse, and sexual assault), including assisting in the preservation and documentation of evidence and in recording instances of sexual violence whose motives are related to the sex, gender, gender identity or gender expression and other personal characteristics of the victim. These centres shall provide for medical care and forensic examinations, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereaftimely referral to comprehensive healthcare services, including sexual and reproductive healthcare services, clinical management of rape, access to emergency contraception, treatment of sexually transmitted infections and abortion care, specialised trauma support and psychological counselling and accompaniment throughout court procedures, where a victim decides to pursue this,, after the offence has been perpetrated and until the best achievable level of victim’s recovery. Where the victim is a child, such services shall be provided in a child-friendly manner.by specialist support services for children. Interviews of children under the age of 16 who have experienced sexual violence must be limited and performed by a dedicated actor to prevent revictimisation,
Amendment 1317 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. Member States shall guarantee that victims of sexual violence have timely access to comprehensive healthcare services, including sexual and reproductive healthcare, such as emergency contraception, safe and legal abortion, screening and post-exposure prophylaxis for sexually transmitted infections, and other necessary care.
Amendment 1320 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 1 b (new)
Article 28 – paragraph 1 b (new)
1b. The denial or delay of safe abortion care when the pregnancy results from rape is a violation of human rights and a form of gender-based violence, which breaches the prohibition of torture and cruel, inhuman and degrading treatment. Member States shall provide training, guidelines, and protocols to healthcare professionals, to address the physical, psychological, sexual, gynaecological, and reproductive consequences of sexual violence.
Amendment 1322 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The services referred to in paragraph 1 shall be available free of charge and accessible all day, every day of the week. They may be part of the services referred to in Article 27. The support shall be provided regardless of the nationality, citizenship, place of residence or legal status of the victim.
Amendment 1324 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Member States shall ensure a sufficient geographical distribution and capacity of these services across the Member State, with particular attention to making services accessible to women in rural and remote areas in a safe and confidential manner.
Amendment 1327 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3a. Member States shall provide training, guidelines and protocols to healthcare professionals to address the physical, psychological, sexual, gynaecological and reproductive consequences of sexual violence.
Amendment 1333 #
2022/0066(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure effective, age-appropriate , accessible, free of charge support to victims of female genital mutilation, including by providing, gynaecological, sexological, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been perpetrated and for as long as necessary thereafter. This shall also include the provision of information on units in public hospitals that perform genital and clitoral reconstructive surgery. Such support may be provided by the referral centres referred to in Article 28 or any dedicated health centre and with a holistic, multidisciplinary approach.
Amendment 1340 #
2022/0066(COD)
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29a Specialist support for victims of forced sterilisation 1. Member States shall ensure that victims of forced sterilisation are provided with effective support, including gynaecological, psychological and trauma care tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of forced sterilisation referred to in paragraph 1 of this Article.
Amendment 1341 #
2022/0066(COD)
Proposal for a directive
Article 29 b (new)
Article 29 b (new)
Article 29b Specialist support for victims of intersex genital mutilation 1. Member States shall ensure that victims of intersex genital mutilation are provided with effective support, including gynaecological, psycho-social, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. This shall also include access to treatment and medications needed as a consequence of intersex genital mutilation. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of intersex genital mutilation referred to in paragraph 1 of this Article.
Amendment 1345 #
2022/0066(COD)
Proposal for a directive
Article 30 – title
Article 30 – title
Specialist support for victims of sexual harassment at work
Amendment 1347 #
2022/0066(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
Member States shall, in consultation with the social partners, take measures to ensure external counselling and legal services are available for victims and employers in cases of sexual harassment at work or cyber violence and harassment at work. These services shall include advice on adequately addressing such instances at the workplace, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishespending the outcome of dismissal procedure. The possibility of early conciliation should be available only if the victim so wishes. The costs of such counselling services and legal services shall be covered by the Member State or by the employer.
Amendment 1354 #
2022/0066(COD)
Proposal for a directive
Article 30 a (new)
Article 30 a (new)
Article 30a Support at work for victims of gender- based violence 1. Member States shall ensure that employers, in cooperation with trade union representatives, take appropriate measures to provide a safe working environment and support to victims of gender-based, and to ensure that consequences of gender-based violence on the safety of victims and co-workers and on productivity and performance at work are not taken into account in performance evaluations. Workers shall have the right to receive support from a trade union and the workplace health and safety representative.
Amendment 1356 #
2022/0066(COD)
Proposal for a directive
Article 30 b (new)
Article 30 b (new)
Article 30b Collective bargaining on harassment at work and gender based violence 1. Member States shall ensure that trade unions are able to bargain collectively on workplace measures to prevent and address sexual harassment at work and cyber violence at work, and to identify and support victims of gender-based violence. 2. Member States shall take measures to promote collective bargaining on workplace practices on preventing and addressing instances of sexual harassment, cyber violence and gender- based violence, including through awareness-raising and training of employers, trade union representatives and workplace health and safety representatives
Amendment 1357 #
2022/0066(COD)
Proposal for a directive
Article 30 c (new)
Article 30 c (new)
Article 30c Specialist support for victims of cyber violence 1. Victims of cyber violence shall be allowed to access the same specialist services as victims of other forms of gender-based violence covered in this Directive. 2. Specialist services provide victims with comprehensive, free, accessible and effective support, including psychological counselling and medical care tailored to their specific needs, securing of evidence, IT-hardware checks, as well as advice and information on online safety, including on stalkerware, on how to protect their privacy and continue an active online life, as well as on the legal avenues possible, including judicial remedies to remove online content as referred to in Article 25 of this Directive. 3. Victims of cyber violence shall have access to physical and online safe spaces where needed in order to seek for help and support, ask questions and to avoid social isolation. 4. The provision of support services shall be in a language that the victim understands and shall not depend on the victim’s willingness to press charges or testify against the offender. Under no circumstances shall victims of cyber violence be forced to engage in any intervention with an authority or service against their will, nor rushed into any process. 5. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of cyber violence referred to in paragraph 1 of this Article.
Amendment 1358 #
2022/0066(COD)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States shall set up state- wide round-the-clock (24/7) telephone helplines, free of charge, to provide advice for victims of violence against women and domestic violence and with sufficient capacity to respond to all incoming calls, to provide advice for victims of all forms of gender-based violence. These helplines shall be run with the support of specialist services, including women’s specialist services, and shall connect the victims with other social, health and justice services.. Advice shall be provided confidentially or with due regard for their anonymity of victims. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications were reasonably accessible to the victim. The staff working in such helplines should be trained to have appropriate knowledge, skills and language awareness to respond adequately to the individual needs of the victims.
Amendment 1366 #
2022/0066(COD)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 1371 #
2022/0066(COD)
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
4. [Member States shall ensure that the service under paragraph 1 for victims of violence against women is operated undergender based violence is also possible to reach via the harmonised number at EU level “116 016” and that the end-users are adequately informed of the existence and use of such number.]
Amendment 1372 #
2022/0066(COD)
Proposal for a directive
Article 31 – paragraph 4 a (new)
Article 31 – paragraph 4 a (new)
4a. Member States shall ensure that all workers, regardless of the character and nature of the employment relationship, are sufficiently and adequately informed about the existence and accessibility of the victim helplines.
Amendment 1376 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall be accessible and shall address the specific needs of women victims of domestic violence and sexual violence, including by ensuring that there is access to single-gender shelters. They shall assist them in their recovery, providing safe, adequate and appropriate living conditions with a view on a return to independent living.
Amendment 1380 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
1a. The shelters and other appropriate interim accommodations shall be accessible and equipped to accommodate the specific needs of victims with disabilities.
Amendment 1382 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. The shelters and other appropriate interim accommodations shall be equipped to accommodate companion animals, or to provide adequate and appropriate alternative accommodations.
Amendment 1384 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The shelters and other appropriate interim accommodations shall be available to victims regardless of their nationality, citizenship, place of residence or residence status and irrespective of their migration status.
Amendment 1391 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 4 a (new)
Article 32 – paragraph 4 a (new)
4a. Member States shall ensure a minimum of one family place per 10,000 women.
Amendment 1394 #
2022/0066(COD)
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Member States shall ensure that children are provided specific adequate support, in cooperation with, and the support of, the non-violent parent(s) or guardian(s) as soon as the competent authorities have reasonable grounds to believe that the children might have been subject to, including having witnessed, violence against women or domesticgender-based violence. Support to children shall be specialised, accessible and age- appropriate, respecting the best interests of the child, and shall not require the prior consent of the holders of parental responsibility.
Amendment 1399 #
2022/0066(COD)
2. Child victims shall be provided with age-appropriate medical care, emotional, psychosocial, psychological and educational support, including linguistic and culturally mediated care and support, as well as any other appropriate support tailored in particular to situations of domestic violence.
Amendment 1414 #
2022/0066(COD)
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibilities who is an offender or suspect of violence against women or domesticgender-based violence, to the extent that the latter has rights of access. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child referrals for offender to address both their violence towards their partner and to improve their parenting as appropriate, and in full consideration of the rights of the child, on a voluntary basis.
Amendment 1420 #
2022/0066(COD)
Proposal for a directive
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
In the determination of custody and visitation rights of children, Member States shall take the necessary legislative and other measures to guarantee that incidents of violence in the family are taken into account and that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or children. Member States shall aim to prohibit mandatory shared custody and/or visiting rights in cases of violence or suspected violence; and prohibit the use of parental alienation or any related concept in cases of violence when determining custody and visitation.
Amendment 1427 #
2022/0066(COD)
Proposal for a directive
Article 35 – title
Article 35 – title
Targeted support for victims with specificintersectional needs and groups at risk
Amendment 1429 #
2022/0066(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violencgender based violence, by way of intersectional characteristics as referred to in Article 2 of this directive, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, women sex workers, women detainees, or older women. LBTIQ women and other LGBTIQ people subject to gender-based violence, women sex workers, women detainees, or older women, and women in precarious working conditions, as well as substance abusers.
Amendment 1439 #
2022/0066(COD)
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The support services under Articles 27 to 32 shall be adequately funded to have sufficient capacities to accommodate victims with disabilities, taking into consideration their specific needs, including personal assistance.
Amendment 1442 #
2022/0066(COD)
Proposal for a directive
Article 35 – paragraph 3
Article 35 – paragraph 3
3. The support services shall be available for third-country nationals who are victims of violence against women and domesticgender based violence, including for applicants for international protection, for undocumented persons and for persons subject of return procedures in detention. Member States shall ensure that victims who request so may be kept separately from persons of the other sexdifferent genders in detention facilities for third- country nationals subject of return procedures, or accommodated separately in reception centres for applicants for international protection.
Amendment 1446 #
2022/0066(COD)
4. Member States shall ensure that persons can report occurrences of violence against women or domesticgender- based violence in reception and detention centres, as well as in mental health residential centres, to the relevant staff and that protocols are in place to adequately and swiftly address such reports in accordance with the requirements in Article 18, 19 and 20.
Amendment 1448 #
2022/0066(COD)
Proposal for a directive
Article 35 a (new)
Article 35 a (new)
Article 35a Gender-based asylum claims 1 Member states shall take the necessary legislative or other measures to ensure that gender-based violence against women may be recognised as a form of persecution within the meaning of Article 1, A (2), of the 1951 Convention relating to the Status of Refugees and as a form of serious harm giving rise to complementary/subsidiary protection. 2 Parties shall ensure that a gender- sensitive interpretation is given to each of the Convention grounds and that where it is established that the persecution feared is for one or more of these grounds, applicants shall be granted refugee status according to the applicable relevant instruments. 3 Parties shall take the necessary legislative or other measures to develop gender-sensitive reception procedures and support services for asylum-seekers as well as gender guidelines and gender- sensitive asylum procedures, including refugee status determination and application for international protection.
Amendment 1453 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Member States shall take appropriate actions to prevent violence against women and domestic violence. gender based violence by adopting a comprehensive multi-layered approach of primary, secondary and tertiary action. Member States shall coordinate, sufficiently fund and evaluate all three approaches, in cooperation with women's specialist services and other civil society organisations. All such prevention measures shall be evidence-based, apply human rights approach over the whole life course, be grounded in gender equality and be carried out by qualified prevention workers
Amendment 1455 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 1 a (new)
Article 36 – paragraph 1 a (new)
1a. Member States should prioritise preventative measures that are social, community and survivor-centred, providing adequate funding to holistic social and support services, including those related to mental health, social protection and harm reduction, information provision, community intervention, programmes to disrupt developmental pathways to violence, social protection policies and mechanisms that enable people to access services, remedies and stability, including residence status, without conditions or requirements to engage with law enforcement and the criminal legal system.
Amendment 1457 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Primary preventive measures shall include awareness-raising campaigns, research and education programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communhigh-quality and well- resourced education programmes, including comprehensive anti- discrimination and sexuality as well as feminist equality education, in early childhood education and care, in and outside of formal education, where appropriate developed in cooperation with relevant civil society organisations, specialist services, including women’s specialist services, social partners, impacted communities, local and regional governments or authorities and other stakeholders..
Amendment 1469 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Member States shall make information on preventive measures, the rights of victims, access to justice and to a lawyer, and the available protection and support measures available to the general public in different formats accessible to persons with disabilities, via various media, and in a language that the victim can understand.
Amendment 1472 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 3 a (new)
Article 36 – paragraph 3 a (new)
3a. The Commission and Member states shall make available appropriate resources to promote the establishment and continuation of safe spaces, both online and offline, in particular single gender safe spaces, where women and girls in all their intersectional diversity as well as other potential targets of the types of violence covered by this directive, may go in order to exchange information, and (re)build community networks and receive peer-support, especially to those with the goal of empowering and uplifting women and girls in all their intersectional diversity.
Amendment 1473 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Targeted action shall be addressed to groups at risk, including expecting and new parents, children, according to their age and maturity, and persons with disabilities, persons living in rural areas, those in a crisis of homelessness, older women, women with no or low income, women detainees, undocumented and asylum seeking people, sexual and gender- identity minorities, women in all their diversity, racial and ethnic minorities, particularly vulnerable professional groups such as sex workers, and women with uncertain or without residence status taking into consideration language barriers and different levels of literacy and abilities. Information for children shall be formulated in a child-friendly way.
Amendment 1480 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, promoting equality between women and menempowering women and girls, supporting men and boys to engage with positive masculinity and gender equality challenging harmful gender stereotypes, educating on the concept of consent, promoting gender equality, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.
Amendment 1485 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 5 a (new)
Article 36 – paragraph 5 a (new)
5a. These measures shall also promote bystander intervention, solidarity with victims and holding offenders accountable. These preventive measures should include comprehensive sexuality education programmes that challenge gender stereotypes and hierarchical relationships; stress the structural nature of gender inequality and its presence in sexuality and relationships and shall work as means to ultimately reduce violence, inequality and discrimination. Such programmes shall be launched as early as possible and in an intersectionally sensitive manner.
Amendment 1489 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutiland intersex genital mutilation, as well as forced sterilisation, forced abortion and forced contraception. These should be designed in cooperation with relevant affected communities to ensure full coverage of their needs as well as sensitive, appropriate and non-stigmatising communication.
Amendment 1495 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 7
Article 36 – paragraph 7
7. Member States shall foster multidisciplinary and stakeholder cooperation, including intermediary services and competent authorities to develop and implement measures to tackle cyber violence, which should be in full compliance with fundamental rights. Preventive measures shall also specifically address cyber violence and in particular measures to protect young people. In particular, Member States shall ensure that education measures include the development of digital literacy skills, including critical thinking and engagement with the digital world, to enable users to identify and address cases of cyber violence, seek support and prevent its perpetration. Member States shall foster multidisciplinary and stakeholder cooperation, including a requirement for intermediary services and competent authorities to develop and implement measures to tackle cyber violence.
Amendment 1497 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 8
Article 36 – paragraph 8
8. Member States shall ensure that sexual harassment at work, in consultation with the social partners, ensure that sexual harassment, cyber violence at work and domestic violence is addressed in relevant national policies. Those national policies shall identify and establish targeted actions referred to in paragraph 2 for sectors where (this problem occurs)workers are most exposed.
Amendment 1498 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 8 a (new)
Article 36 – paragraph 8 a (new)
8a. Member States shall ensure that offender programmes are provided and open to those who are referred or who refer themselves outside of the criminal justice system. Member States shall ensure that such programmes are accessible and implemented by qualified prevention workers.
Amendment 1499 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 8 b (new)
Article 36 – paragraph 8 b (new)
8b. Member states shall develop policy to challenge the gender gap and structural inequality that leads to the perpetuation of gender based violence including work towards closing the education, income and political participation gender gaps as well as mobilising structural funds in order to improve access to social security systems
Amendment 1500 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 8 c (new)
Article 36 – paragraph 8 c (new)
8c. Member States should develop a harmonised, user-friendly, accessible and regularly updated directory of support services, helplines and reporting mechanisms to be made available in cases of cyber violence, which should contain information on the support available for other forms of gender-based violence;
Amendment 1501 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 8 d (new)
Article 36 – paragraph 8 d (new)
8d. Member States shall address the gender gap across all digital technology domains, including new technologies such as AI, and particularly in sectors such as the ICT and STEM. Member States shall facilitate the access of women and girls in all their diversity, as well as other marginalised communities to education and academia in these sectors.
Amendment 1502 #
2022/0066(COD)
8e. Member States shall promote comprehensive research on cyber violence, including root causes, prevalence and consequences, as well as to address algorithmic bias. The Commission shall support Member States in developing measures to address algorithmic bias.
Amendment 1503 #
2022/0066(COD)
Proposal for a directive
Article 36 a (new)
Article 36 a (new)
Article 36a National Action Plans for the elimination of gender based violence 1. Member States shall undertake a comprehensive assessment of the existing legal framework on gender equality and prevention of gender based violence to inform and facilitate the development of national action plans towards the elimination of gender based violence no later than 2 years following the entry in to force of this directive, together with civil society, feminist women’s specialist support services and other relevant stakeholders. 2. Member states should dedicate sufficient resources to ensure that action plans are developed through an intersectional lens and outline a comprehensive framework, centered around women and girls in all their diversity, comprised of concrete actions and practical goals, aimed at implementing holistic, societally focused policies to tackle structural inequality taking into special consideration inequalities in access to employment, education, healthcare, housing and engagement in the public sphere. 3. The Commission should ensure the full and correct implementation of these action plans and work together with, civil society, EIGE and other relevant stakeholders to develop specific indicators and benchmarks, in line with and in addition to those outlined in Article 44 of this directive, in order to monitor progress.
Amendment 1506 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall ensure that professionals likely to come into contact with victims and offenders, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support andimary prevention workers, providers of specialised support services, victim support services, professionals wording in programmes for offenders, restorative justice services, healthcare professionals, social services, educational and other relevant staff, trade union representatives and workplace health and safety representatives receive both general and specialist, as well as initial and long-term training and targeted information to a level appropriate to their contacts with victims and offenders, to enable them to identify, prevent and address instances of violence against women or domesticgender based violence and to treat victims in a trauma-, gender- disability-, language- and child- sensitive manner. The training shall be provided by qualified trainers from women specialist services adhering to stringent quality standards in terms of training duration, frequency, methods and outcomes in line with the objectives of this directive.
Amendment 1514 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
1a. To prevent violence in health care settings, particularly in gynaecology and obstetrics, health care workers shall receive training on patients’ informed consent and on treating patients in a respectful, dignified, non-discriminatory, gender-sensitive manner, including those who experience discrimination based on a combination of gender or sex and other grounds of discrimination.
Amendment 1518 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians and midwives, gynaecologists, and midwives and psychological support staff, shall receive targeted training to identify and address, in a non- discriminatory, understanding, respectful, gender- and culturally-sensitive manner, the physical, psychological and sexual consequences of female genital mutilationsexual violence, including rape, female and intersex genital mutilation and other harmful practices, forced abortion and forced sterilisation, and other harmful practices, taking into consideration multiple and intersecting layers of discrimination to which patients may be exposed. Linguistic and cultural mediators should always be available and trained to accompany the healthcare professional in treating FGM- affected patients. Training on patients’ informed consent and on treating patients in a respectful, dignified, non- discriminatory, gender-sensitive manner, including those who experience discrimination based on a combination of sex and other grounds of discrimination shall be put in place to prevent instances of violence in healthcare settings, particularly obstetric violence..
Amendment 1525 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 2 a (new)
Article 37 – paragraph 2 a (new)
2a. Healthcare professionals shall receive training on patients’ informed consent and on treating patients in a respectful, dignified, non-discriminatory, gender-sensitive manner, including those who experience discrimination based on a combination of sex and other grounds of discrimination, to prevent instances of violence in healthcare settings, particularly in gynaecology and obstetrics.
Amendment 1527 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Persons with supervisory functions in the workplace, including in the uniformed services and in the goods and services sector, trade union representatives and workplace health and safety representatives , in both the public and private sectors, shall receive training on how to recognise, prevent, respond and address sexual harassment at work, including on risk assessments concerning occupational safety and health risks, cyber violence at work and domestic violence, including on gender-responsive risk assessments, primary prevention measures concerning occupational safety and health risks, including risks of gender-based violence and harassment form third-parties and risk of domestic violence, to provide support to victims and witnesses affected thereby and respond in an adequate manner. Those persons and employers shall receive information about the effects of violence against women and, as well as to recognise and address issues of violence also with offenders. Those persons and employers shall receive information, training and guidance, about the effects of gender based violence on workers and the risk of third party violence and guidelines on how to deal with offenders, as well as adequate means to support victims of domestic violence onat work and the risk of third party violence. , They shall also receive training on how to recognise instances of domestic violence and provide support to victims and ensure that victims are able to continue working in a safe environment
Amendment 1532 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 4
Article 37 – paragraph 4
4. The training activities referred to in paragraphs 1 and 2 shall include training on co-ordinated multi-agency co-operation to allow for a comprehensive and appropriate handling of referrals in cases of violence against women or domestic violence.gender based violence. Such training activities shall be developed in cooperation with specialist services and women’s NGOs to ensure effective cooperation between Member States and civil society
Amendment 1537 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 5
Article 37 – paragraph 5
5. Without affecting media freedom and pluralism, Member States shall encourage and support the setting up of media training activities by media professionals’ organisations, media self- regulatory bodies and industry representatives or other relevant independent organisations, to combat stereotypical portrayals of women and menpeople, sexist images of women, and victim- blaming in the media, aimed at reducing the risk of violence against women or domesticall forms of gender based violence.
Amendment 1539 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 6
Article 37 – paragraph 6
6. Member States shall ensure that the authorities competent for receiving reports of offences from victims are appropriately trained, including abstention from victim- blaming attitudes and behaviours, timely victim referral to specialised services including women’s specialised services and data treatment, to facilitate and assist in the reporting of such crimes and to take into account the needs of victims.
Amendment 1542 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 7
Article 37 – paragraph 7
7. Training activities referred to in paragraphs 1 and 2 shall be regular and mandatory, including on cyber violence, and built on the specificities of violence against women and domestic violence. Such training activities shall include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of gender, sex and other grounds as outlined in Article 2 of this directive and shall encompass at least a module on the rights of victims of gender-based violence and a module aimed at developing soft skills, such as prevention of secondary victimisation, communication skills, active listening and empathy.
Amendment 1548 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 7 a (new)
Article 37 – paragraph 7 a (new)
7a. Member States shall ensure that trainings referred in this article are developed in conjunction with specialist support services. including victims organisations and civil society organisations, including feminist NGOs, in order to address and to explain the structural and endemic nature of gender- based violence, how it affects women and girls disproportionately, and on the intersecting forms of discrimination, as well as to ensure that victims’ needs are addressed and that the structural and endemic nature of gender-based violence is explained.
Amendment 1551 #
2022/0066(COD)
Proposal for a directive
Article 37 a (new)
Article 37 a (new)
Article 37a Prevention of denial of abortion care Member States must ensure that no woman or girl is denied access to abortion care, neither in law nor in practice. The denial or delay of safe abortion care, forced pregnancy and forced continuation of pregnancy are violations of human rights and forms of gender-based violence, that may amount to torture or cruel, inhuman or degrading treatment, depending on the circumstances, particularly where the life and health of the pregnant woman or girl is at risk, or where carrying a pregnancy to term would cause the pregnant woman or girl substantial pain or suffering, most notably where the pregnancy is the result of rape or incest or is not viable.
Amendment 1556 #
2022/0066(COD)
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States shall take the necessary measures to ensure that targeted and effective intervention programmes are established, in coordination with specialised support services, to prevent and minimise the risk of committing offences of violence against women or domestic violence, or reoffendinggender based violence, or reoffending. The programs shall seek to hold offenders accountable, change attitudes and behaviours.
Amendment 1559 #
2022/0066(COD)
Proposal for a directive
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The intervention programmes shall be made available for participation including to persons who fear they might commit any offence of violence against women or domestic violence.gender based violence. An admission or conviction shall not be a prerequisite for inclusion in intervention programmes
Amendment 1561 #
2022/0066(COD)
Proposal for a directive
Article 38 – paragraph 2 a (new)
Article 38 – paragraph 2 a (new)
2a. Member States shall ensure that the perpetrator programmes comply with minimum standards and are in accordance with best practices, including at least the following conditions: - they shall be provided by trained staff; - they shall have a gender-based and feminist approach; - they shall be victim-orientated and include a full risk assessment of the perpetrator; - they shall hold perpetrators fully accountable; - they shall be part of and willing to cooperate within multiagency networks; - they shall strive to establish a strong collaboration with specialised support services, including women’s support services; - they shall be adequately funded; - they shall provide guidelines for evaluation of the outcome.
Amendment 1564 #
2022/0066(COD)
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Member States shall adopt and implement state-wide effective, comprehensive and co-ordinated policies encompassing all relevant measures to prevent and combat all forms of violence against women and domesticgender- based violence.
Amendment 1566 #
2022/0066(COD)
Proposal for a directive
Article 39 – paragraph 3
Article 39 – paragraph 3
3. That body shall coordinate the collection of data referred to in Article 44 in a standardised and machine-readable format determined-based on a guidance published by the Commission, and analyse and disseminate its results.
Amendment 1574 #
2022/0066(COD)
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation, at the national level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as non- governmental organisations, particularly feminist women's organisations, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonomy, and other relevant organisations and entities.
Amendment 1577 #
2022/0066(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall cooperate with and consultbe obliged to cooperate with, provide adequate funding for and consult specialised and civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence, in particular in providing support to victims, concerninggender based violence , especially feminist organisations, in particular those working with vulnerable women and girls and victims at a heightened risk of gender-based violence, to ensure their meaningful participation in the implementation of policies and initiatives on preventing gender-based violence. In particular, the Commission and Member States shall provide sufficient funding to non-governmental organisations, including specialist and women’s specialist services, to carry out the objectives set out in the present Directive, and cooperate in providing adequate support to victims, policy- making initiatives, and regarding the development and implementation of information and awareness-raising campaigns, research and education programmes and including training programmes, as well as in monitoring and evaluating the impact of measures to support and protect victims.
Amendment 1585 #
2022/0066(COD)
Proposal for a directive
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
Member States shall develop a common gender budgeting framework to ensure the implementation of this directive. This common gender budgeting framework shall identify the concrete mechanisms through which the coordination among relevant national, regional and local stakeholders will be carried out in order to implement this Directive, including promising practices for improved cooperation between national authorities and civil society organizations such as specialist services, including women’s specialist services.
Amendment 1587 #
2022/0066(COD)
Proposal for a directive
Article 42 – paragraph 1
Article 42 – paragraph 1
Member States shall facilitatoversee the taking of self-regulatory measures by providers of intermediary services in connection to this Directive, in particular to develop or reinforce internal mechanisms to tackle the online material referred to in Article 25(1) and to improve thensure intersectional gender- sensitive training of their employees concerned on preventing, assisting and supporting the victims of the offences referred to therein.
Amendment 1595 #
2022/0066(COD)
Proposal for a directive
Article 43 – paragraph 1 – point b
Article 43 – paragraph 1 – point b
(b) exchanging information and best practices with relevant Union agencies, in particular EIGE;
Amendment 1597 #
2022/0066(COD)
Proposal for a directive
Article 43 – paragraph 1 – point c
Article 43 – paragraph 1 – point c
(c) providing assistance to Union networks working on matters directly relevant to violence against women and domesticgender-based violence.
Amendment 1603 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Member States shall have an harmonised system in place for the collection, development, production and dissemination of statistics on violence against women or domesticall forms of gender-based violence, including the forms of violence referred to in Articles 5 to 101.
Amendment 1607 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – introductory part
Article 44 – paragraph 2 – introductory part
2. The statistics shall include the following comparable data disaggregated by gender, sex, age of the victim and of the offender, relationship between the victim and the offender and type of offencethe context in which the offence took place, and the type of offence, as well as the reason or multiple reasons which motivated the offence, including the offences referred to in Articles 5 to 11:
Amendment 1611 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point -a (new)
Article 44 – paragraph 2 – point -a (new)
(-a) the availability of victim support services and the number of victims accessing them during the last 12 months;
Amendment 1614 #
2022/0066(COD)
(a) the number of victims who experienced violence against women or domesticgender-based violence during the last 12 months, last five years and lifetime;
Amendment 1620 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b
Article 44 – paragraph 2 – point b
(b) the annual number of such victims, of issues barring or restraining orders, of reported offences, of persons prosecuted for and convicted of such forms of violence, obtained from national administrative sources, of the type of penalties, sentences or other measures applied, of termination of criminal proceedings and their reason for termination, of acquittals of the offender and their reasons.
Amendment 1625 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(ba) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offence as contained in Article 2 of this directive.
Amendment 1628 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b b (new)
Article 44 – paragraph 2 – point b b (new)
(bb) the annual number of women on the overall waiting list for the support services (shelters and counselling).
Amendment 1629 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b c (new)
Article 44 – paragraph 2 – point b c (new)
(bc) the number of refused women from the support services (shelters and counselling) (annual reporting).
Amendment 1630 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b d (new)
Article 44 – paragraph 2 – point b d (new)
(bd) the number of shelter and family places per Member State (annual reporting).
Amendment 1631 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b e (new)
Article 44 – paragraph 2 – point b e (new)
(be) the costs per shelter place for each Member State (annual reporting).
Amendment 1632 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 3 – subparagraph -1 (new)
Article 44 – paragraph 3 – subparagraph -1 (new)
-1 Within the same system, Member States shall collect data for statistical purposes to assess the progress and outcome(s) of criminal proceedings, such as the type of sanction(s) applied to the offender(s) and the length, and where applicable, the number of instances of criminal proceedings.
Amendment 1634 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 4
Article 44 – paragraph 4
4. In order to ensure administrative data comparability across the Union, Member States shall collect administrative data on the basis of common disaggregations developed in cooperation with and according to the methodology developed by Eurostat and in line with the guidance referred to in Article 39(3) and the European Institute for Gender Equality in accordance with paragraph 5. They shall transmit this data to Eurostat and the European Institute for Gender Equality on a yearly basis. The transmitted data shall not contain personal data.
Amendment 1637 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 5
Article 44 – paragraph 5
5. TEurostat, in close cooperation with the European Institute for Gender Equality, shall support Member States in the data gathering referred to in paragraph 2, points (b), (c), (d) and (e), including by establishing common standards on counting units, counting rules, common disaggregations, reporting formats, and on the classification of criminal offences. Non-governmental organizations working on preventing and tackling gender based violence, including feminist organizations and women's specialist services, shall be involved and consulted in the development of the methodologies for surveys and administrative data collection regulated in this Article.
Amendment 1641 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 6
Article 44 – paragraph 6
6. The Member States shall make the collected statistics available to the public. The statistics shall not contain personal data. Data collection for statistical purposes should be ongoing to monitor trends and to identify good practices and areas for improvement. Eurostat and the European Institute for Gender Equality shall prepare a report every two years on the statistics linked to the implementation of this directive and shall transmit it to the European Parliament and the Council. The Commission shall ensure that sufficient funding is allocated to carry out such reporting.
Amendment 1643 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 7
Article 44 – paragraph 7
7. The Member States shall support research on root causes, effects, incidences and conviction rates of the forms of violence covered byin the field of all forms of victimisation covered by the scope of this Directive in order to study root causes, effects, the prevalence and risks of criminal victimisation, incidences and conviction rates, the effectiveness of support services in supporting victims, the level of implementation of provisions in thise Directive, among others.
Amendment 1 #
2021/2254(INI)
Draft opinion
Recital -A (new)
Recital -A (new)
-A. whereas gender equality is a core value of the Union enshrined in Article 2 TEU; whereas Article 8 TFEU lays down the principle of gender mainstreaming;
Amendment 23 #
2021/2254(INI)
Draft opinion
Recital B
Recital B
B. whereas women perform more than one function; whereas women are enablers of the transition to a greener society and economy;
Amendment 66 #
2021/2254(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the importance of ensuring gender mainstreaming in rural development policy; calls for the exchange of best practices between Member States, in particular as regards the professional status of assisting spouses and partnerswomen in agriculture;
Amendment 71 #
2021/2254(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Regrets the unequal access of women to farmland ownership and calls on the Member States to ensure ownership rights for women;
Amendment 74 #
2021/2254(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses the need to ensure that rural development includes a holistic approach that goes beyond agriculture development and puts people's support at the centre;
Amendment 77 #
2021/2254(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Underlines that the situation of women in rural areas needs to be addressed with an intersectional approach by focusing on the particular situation of specific groups such as migrant women, LBTIQ women, women with disabilities or older women;
Amendment 80 #
2021/2254(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Strongly supports to increase the institutional support to ensure political participation and power or representation for rural women;
Amendment 86 #
2021/2254(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the needs of women in rural areas to be addressed through appropriate public services – and where necessary peripatetic – in the area of healthcare, childcare and care for the elderly, thereby promoting women’s employment rates and their social security rights, including maternity leave or pension rights, andpension rights; stresses the importance of ensuring women’s access to available EU funds;
Amendment 92 #
2021/2254(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that women are more dependent on public transports; calls, therefore, on the Commission and the Member States to ensure that rural areas are not deprived of equal access to essential infrastructure in that area;
Amendment 95 #
2021/2254(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Condemns all forms of gender- based violence; notes that free of charge, specialised and accessible support services for victims plays a crucial role in ensuring their fundamental human rights; calls therefore on the Member States, regional and local governments to ensure that victims living in rural and remote areas are not deprived of equal access to support services; reiterates its call on the EU and its Member States to ratify the Istanbul Convention as soon as possible;
Amendment 115 #
2021/2254(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States to create a ubiquitous and seamless broadband infrastructure, as well as creativto establish measures to ensure adequate housing and work opportunities, and quality jobs that facilitate the recon, as well as policies that facilitation of work and family life work-life balance.
Amendment 186 #
2021/2180(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that in some circumstances, Member States deliberately resorted to measures which question the principle of the rule of law, such as legislation adopted in fast track procedures without public consultations or even, in exceptional cases, constitutional changes as a way to legitimise discriminatory policies that could otherwise not be legislated upon, such as provisions that specifically aim at LGBTIQ persons; recalls the Member States have a responsibility towards citizens in condition of vulnerability and should provide them with safety and protection from discrimination;
Amendment 192 #
2021/2180(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the annual report should identify cross-cutting trends at EU level; asks the Commission to identify instances where certain measures or practices that undermine the rule of law in one Member State become blueprints for others, or when the gravity and scope of such deficiencies have the potential to affect the Union as a whole; highlights that the intentional targeting of certain minority groups’ rights in some Member States have created and established a momentum elsewhere, as can be evidenced by backtracking on the rights of women and LGBTIQ persons.
Amendment 247 #
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+Q 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 rights; recalls its recommendation from 2020 for future reports to assess the effect that hate crime and hate speech have on discrimination;
Amendment 253 #
2021/2180(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the infringement procedures initiated by the Commission against Hungary and Poland as part of the July 2021 infringement package concerning the respect for the human rights of LGBTIQ persons and breaches of EU law, which constitute the first time the Commission has specifically initiated infringements to safeguard their rights;
Amendment 268 #
2021/2180(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that the exercise of fundamental freedoms, including the right to be critical in public, is an element of a free and democratic society; notes that strategic lawsuits against public participation (SLAPPs) require a legislative European response that ensures the respect for democracy and fundamental rights and, inconsequence, also the rule of law; welcomes the Commission’s commitment to propose a directive against abusive litigation targeting journalists and rights defenders, emphasising that the scope must be comprehensive enough to encompass all those who are rights defenders, including individual activists;
Amendment 357 #
2021/2180(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the importance of the Rule of Law Conditionality Regulation where breaches of the principles of the rule of law affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union; considers that the annual report is the most appropriate place to have a dedicated section and conduct a relevant analysis; urges the Commission to launch the procedure enshrined in Article 6(1) of that regulation at least in the cases of Poland and Hungary; calls on the Commission to explore the full potential of the Common Provisions Regulation and the Financial Regulation to protect the rule lawdemocracy, fundamental rights and the rule law, thereby ensuring that EU funds are not used for initiatives which are not in compliance with EU values;
Amendment 361 #
2021/2180(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Is concerned about the Commission’s 2021 Rule of Law report’s findings that, in some countries, the state- sponsored harassment and intimidation of the LGBTIQ organisations affects their ability to access funding; calls on the Commission to assess the issue more closely and to ensure through the necessary means that the non- discrimination principle governing access to EU funds is fully complied with everywhere in the EU; considers that these findings reinforce the long-standing position of the Parliament that the scope of the Rule of Law report should be broadened to include all Article 2 TEU values;
Amendment 10 #
2021/2103(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to the Statement of the Commissioner for Human Rights of the Council of Europe of 16 May 2019 titled ‘Let’s defend LGBTI defenders’,1a _________________ 1a https://www.coe.int/en/web/commissioner/ -/let-s-defend-lgbti-defenders
Amendment 49 #
2021/2103(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the situation of LGBTI rights defenders in Europe was described as worrying by the Commissioner for Human Rights, who reported several instances of online and offline harassment, violent assaults, hate campaigns and death threats in Member States and neighbourhood countries; whereas this trend is interlinked with the scapegoating of other minority groups and it contravenes the principle that every person is born equal in dignity and rights;
Amendment 97 #
2021/2103(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that for civil society organisations to thrive, civic space must be an enabling and safe environment free from undue interference, intimidation, harassment and chilling effects, such as SLAPPs, incitement to hatred and/or violence against rights defenders and organisations, and the creation of legal or administrative hurdles affecting their daily operations;
Amendment 130 #
2021/2103(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that the scapegoating of minorities and vulnerable groups such as women and LGBTI persons is not an isolated event, but functions as a premeditated and gradual dismantling of fundamental rights, which are protected in Article 2 TEU, constituting part of a larger political agenda which has been called ‘anti-gender’ campaigns; calls on Member States to be particularly cautious of initiatives that attempt to roll-back on acquired rights which were designed to prevent and protect persons from discrimination and to promote equality;
Amendment 185 #
2021/2103(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Restates that no proper response has yet been given to Parliament’s initiative on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights to be governed by an interinstitutional agreement between Parliament, the Commission and the Council; calls on the Commission and the Council to immediately enter into negotiations with Parliament on an interinstitutional agreement pursuant to Article 295 TFEU; recalls that the monitoring of civic space is deeply linked with democracy and fundamental rights, and that a mechanism to monitor Article 2 TEU values is the best tool for a holistic approach in such respect;
Amendment 10 #
2021/2036(INI)
Motion for a resolution
Citation 26 a (new)
Citation 26 a (new)
— having regard to LGBTIQ Equality Strategy (2020-2025) (COM(2020)698),
Amendment 27 #
2021/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas a vibrant civil society operating in an enabling legal and political environment allowing it to play its fundamental role in monitoring the situation of the rule of law and fundamental rights, corruption and promoting good governance, accountability and transparency is essential for any democracy to thrive;
Amendment 30 #
2021/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive and the shrinking of the space available for civil society work can negatively impact democracies;
Amendment 60 #
2021/2036(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions (e.g. injunctions, asset-freezing) based on civil and criminal law, as well as the threats of such actions, with the purpose of preventing reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participation; and freedom of expression and of assembly
Amendment 83 #
2021/2036(INI)
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society andhuman rights defenders and civil society organisations, including NGOs, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming cases include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis;
Amendment 85 #
2021/2036(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the LGBTIQ Equality Strategy acknowledges that civil society organisations protecting and advancing the rights of LGBTIQ people increasingly report that they face hostility, coinciding with the rise of the anti-gender (and anti- LGBTIQ) movement; whereas LGBTI activists are often the targets of defamation campaigns due to their advocacy work for LGBTI equality; whereas Polish activists such as the ‘Atlas of Hate’ group and the creator of the ‘LGBT-free zone’ photo project (Bart Staszewski) are currently facing several SLAPP cases and are liable for dozens of thousands of euros if they lose them;
Amendment 86 #
2021/2036(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas SLAPPs against civil society, journalists and human rights defenders often serve the purpose of harassing them and their activities, often causing them to consider whether to continue exercising their freedom of expression or to instead exercise self- censorship and restraint in order to avoid legal repercussions; whereas many civil society organisations, including NGOs, journalists and human rights defenders may consider the trade-off to be too costly and instead opt for self-censorship; whereas this illustrates the ‘chilling effect’ SLAPPs have on those seeking to exercise rights freely;
Amendment 120 #
2021/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that SLAPPs intend to censor, intimidate, and silence critics such as media outlets journalists, NGOs, activists and other actors engaging in public participation, by burdening them with the cost and time of a legal defense until they abandon their criticism or opposition, therefore SLAPPs are a direct attack on the exercise of fundamental rights and freedoms, particularly the freedom of expression; underlines that fundamental rights and democracy are linked to upholding the rule of law, and that undermining media freedom and public democratic participation threatens Union values as enshrined in Article 2 of the TEU; is of the opinion that SLAPPs are particularly concerning if they are funded directly or indirectly from state budgets and are combined with other indirect and direct state measures against independent media outlets, independent journalism and civil society including unlawful state aid to government friendly outlets, financing disinformation and GONGOs; welcomes the fact that the rule of law report includes SLAPP lawsuits in its assessment of media freedom and pluralism across the Union, and points to best practices in countering them; calls for the annual report to include a thorough assessment of the legal environment for the media, and investigative journalism in particular; as well as a comprehensive analysis of the regulatory and political environment in which civil society organisations operate;
Amendment 128 #
2021/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that SLAPPs are a direct attack on the exercise of fundamental rights and freedoms; underlines that fundamental rights and democracy are linked to upholding the rule of law, and that undermining freedom of expression, freedom of assembly, media freedom and public democratic participation threatens Union values as enshrined in Article 2 of the TEU; welcomes the fact that the rule of law report includes SLAPP lawsuits in its assessment of media freedom and pluralism across the Union, and points to best practices in countering them; calls for the annual report to include a thorough assessment of the legal environment for the media, and investigative journalism in particular as well as the chilling effect that SLAPPs can have on civil society, human rights defenders and activists;
Amendment 151 #
2021/2036(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that public participation also has an important role to play in the proper functioning of the internal market, as it is often through public participation that breaches of Union law, including fundamental rights, corruption and other practices threatening the proper functioning of the internal market are made known to the public;
Amendment 177 #
2021/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that in recent years online hate speech has become increasingly widespread against journalists, NGOs, academics and, civil society organisations, including NGOs, and human rights defenders, including those defending LGBTQIQ rights, thus threatening media freedom, freedom of expression and assembly, as well as public safety given that online hate speech can incite real-worldoffline violence;
Amendment 190 #
2021/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated claims, and that they are not initiated for the purposes of obtaining a favourable judicial outcome but rather only to intimidate, harass, tire out, put psychological pressure on or consume the financial resources of journalists, academics, civil society and NGOs, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; stresses that SLAPPs cause not only a financial burden but also bear dire psychological consequences for their targets as well as their family members, aggravated by the fact that the latter may also inherit those abusive proceedings upon the target’s death, as it happened to the husband and sons of Daphne Caruana Galizia; points out that this chilling effect can lead to self- censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with relevant associated activities;
Amendment 197 #
2021/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated claims, and that they are not initiated for the purposes of obtaining a favourable judicial outcome but rather only to intimidate, harass, tire out, put psychological pressure on or consume the financial resources of journalists, academics, civil society and NGOs,organisations, including NGOs, and human rights defenders with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; points out that this chilling effect can lead to self- censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with relevant associated activities;
Amendment 224 #
2021/2036(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to protect journalists, academics, civil society and NGOorganisations, including NGOs, and human rights defenders and to ensure that fundamental rights are upheld in the Member States;
Amendment 251 #
2021/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous civil society organisations, academics, legal practitioners and victims who point to the need for legislative action against the growing problem of SLAPPs; urgently calls, therefore, for the Brussels I and Rome II Regulations to be amendments in order to prevent ‘libel tourism’ or ‘forum shopping’; urgently calls for the introduction of a uniform choice of law rule for defamation, as well as for proposals for binding Union legislation on harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights of freedom of expression, assembly, association and information in the Union; is concerned that if measures only address lawsuits regarding infordefamation, actions based on other civil matters or criminal procedures may still be used;
Amendment 258 #
2021/2036(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Affirms that legislative measures at Union level could be based on Article 81 of the TFEU (for cross-border civil lawsuits) and Article 82 of the TFEU (for threats of lawsuits in cross-border cases), and separately on Article 114 of the TFEU to protect public participation in order to ensure the proper functioning of the internal market by exposing corruption and other distortions; asserts that the latter measure could also address attempts to prevent investigation and reporting on breaches of Union law using the same legal base asa similar approach which led to the adoption of Directive (EU) 2019/1937 (the ‘Whistleblower Directive’); is of the opinion that the above legal bases are capable of addressing combined SLAPPs of criminal and civil lawsuits as well;
Amendment 275 #
2021/2036(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, academics, civil society andhuman rights defenders and civil society organisations, including NGOs, in preventing breaches of Union law and ensuring the proper functioning of the internal market; urges the Commission to present a proposal for legislation that sets out safeguards for persons investigating and reporting on these matters of public interest;
Amendment 322 #
2021/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the urgent need for a robust fund for supporting victims of SLAPPs; stresses the importance for victims and potential victims of SLAPPs to have easy and accessible information about these type of cases, legal aid and support;
Amendment 28 #
2021/2035(INL)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to the Commission’s Communication "Gender Equality Strategy (2020-2025)", published on 5 March 2020,
Amendment 29 #
2021/2035(INL)
Motion for a resolution
Citation 14 b (new)
Citation 14 b (new)
– having regard to the Commission’s Communication "Strategy on victim’s rights (2020-2025)", published on 24 June 2020,
Amendment 30 #
2021/2035(INL)
Motion for a resolution
Citation 14 c (new)
Citation 14 c (new)
– having regard to the Commission’s Communication "LGBTIQ Equality Strategy (2020-2025)", published on 12 November 2020,
Amendment 31 #
2021/2035(INL)
Motion for a resolution
Citation 14 d (new)
Citation 14 d (new)
– having regard to the Commission’s Communication: "EU Strategy on the rights of the child (2020-2025)", published on 24 March 2021,
Amendment 84 #
2021/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the European Institute for Gender Equality defines femicide as the killing of women and girls because of their gender; whereas it can take different forms such as the murder of women as a result of intimate partner violence, killing of women and girls because of their gender, sexual orientation, gender identity, gender expression and sex characteristics, as well as female and intersex genital mutilations and so called "honour killings";
Amendment 101 #
2021/2035(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas gender-based violence towards women and girls in all their diversity, in particular intimate partner violence, has dramatically increased during the COVID-19 pandemic; whereas lockdown measures made it more difficult for victims of intimate partner violence to seek help as they are often confined with their abusers, and have limited access to support services, and insufficient support structures and resources have exacerbated an already existing ‘shadow’ pandemic;
Amendment 134 #
2021/2035(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Condemns all forms of violence against women and girls in all their diversity and other forms of gender-based violence, such as violence against LGBTI persons, and deplores the fact that women and girls continue to be exposed to psychological, physical, sexual and economic violence, including sexual exploitation and trafficking in human beings, both online and offline;
Amendment 154 #
2021/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power, patriarchal structures, and gender stereotypes, that have led to domination over and discrimination against women and LGBTI persons by men; underlines that this situation is aggravated by social and economic inequalities;
Amendment 176 #
2021/2035(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the wide range of psychological impacts that gender-based violence has on victims, including and witnesses, including feeling unsafe or vulnerable, stress, concentration problems, anxiety, panic attacks, low self-esteem, depression, post- traumatic stress disorder, lack of trust and of sense of control; recalls that gender- based violence also has a social and economic impact;
Amendment 213 #
2021/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists on actions to prevent gender- based violence by addressing the underlying causes, including counteracting sexism, gender stereotypes and patriarchal values; underlines the need for gender equality to have a central place in education and the need for awareness- raising campaigns; recalls the Commission’s proposal in the Gender Equality Strategy for an EU-wide campaign on gender stereotypes and calls on Member States to fully support and implement the initiative when launched;
Amendment 258 #
2021/2035(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that violations of sexual and reproductive rights are a form of violence against women and girls, as well as transgender and non-binary persons, as reflected in the LGBTIQ Equality Strategy;
Amendment 281 #
2021/2035(INL)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Underlines that women and girls with disabilities are two to five times more likely to experience various forms of violence, highlights that the EU is obliged, as a party to the CRPD, to take measures to ensure the full and equal enjoyment by women and girls with disabilities of all human rights and fundamental freedoms, notes that the Committee on the Rights of Persons with Disabilities recommended in 2015 that the EU should advance its efforts in this direction, inter alia through ratification of the Istanbul Convention;
Amendment 288 #
2021/2035(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to take all necessary measures to promote the protection of women and girls in all their diversity and all survivors of gender-based violence against all forms of violence, including by paying greater attention to the needs of survivors who experience intersectional forms of discrimination and violence;
Amendment 299 #
2021/2035(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the obligation on Member States to ensure that there is support and services for survivors of gender-based violence; recalls the importance, in that context, of support to independent civil society and women’s and specialised shelter organisations;
Amendment 304 #
2021/2035(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to step up their work in order to ensure that victims have access to justice, including restorative justice, and to guarantee that the rights of the victim are placed at the centre in order to avoid discrimination, traumatisation or revictimisation during judicial, medical and police proceedings; underlines with concern that most Member States still have issues with complete/correct transposition and/or practical application of the Victim’s Rights Directive, as reflected in the Commission’s Strategy on victim’s rights, and calls on their due diligence for its complete and correct transposition;
Amendment 328 #
2021/2035(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that gender-based violence is a serious crime and a widespread violation of fundamental rights in the Union which needs to be addressed with greater efficiency and determination on a common basis; stresses that gender-based violence is the result of a patriarchal society that has a cross-border dimension; points, in particular, at the growing anti- gender and anti-women movements, which are well organised and have a cross-border nature, and which therefore call for a coordinated EU response;
Amendment 348 #
2021/2035(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the special need to combat violence against women and girls in all their diversity and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions;
Amendment 367 #
2021/2035(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to propose a directive on gender-based violence that implements the standards of the Istanbul Convention and includes the following elements: prevention, including through gender-sensitive education programming directed at both girls and boys in all their diversity, and empowerment of women and girls in all their diversity; support services and protection measures for survivors; combating all forms of gender-based violence, including violations of women’s, transgender's and non-binary persons' sexual and reproductive health and rights; and minimum standards for law enforcement;
Amendment 131 #
2021/2025(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Is alarmed by the legislative measures adopted in some Members States under the pretext of COVID-19 measures; reaffirms its position that such measures need to respect EU fundamental rights and the rule of law and considers that equal treatment of persons is crucial1a; _________________ 1a Texts adopted, P9_TA(2020)0307.
Amendment 134 #
2021/2025(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Expresses concern at the use of legal measures by governments and powerful individuals to silence critics, such as the use of strategic lawsuits against public participation (SLAPPs), or the use of laws curtailing the right to freedom of expression in a manner incompatible with international human rights law, for example against LGBTI and women’s activists;calls on the Commission to accelerate the setting up of the expert group on SLAPPs as foreseen in the European Democracy Action Plan, to begin its work as soon as feasible and to ensure any upcoming legislative proposal addresses these issues;
Amendment 183 #
2021/2025(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses in particular the deterioration of the independence of some Member States’ equality bodies since the publication of the reports, which constitutes an immediate threat to the fundamental rights of citizens;
Amendment 1 #
2021/2020(INI)
Motion for a resolution
Citation -1 (new)
Citation -1 (new)
-1 having regard to Articles 2 and 3 of the Treaty on European Union (TEU), Articles 6 and 8 of the Treaty on the Functioning of the European Union (TFEU) and Article 23 of the Charter of Fundamental Rights of the European Union
Amendment 23 #
2021/2020(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regards to the Commission communication of 12 November 2020 entitled ‘A Union of Equality: LGBTIQ equality strategy2020-2025” COM(2020) 698;
Amendment 36 #
2021/2020(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas according to the EIGE 2020 Gender Equality Index the EU has a long way to go before reaching gender equality, with an overall score of 67.9 out of 100; whereas since 2017 the score has only increased 0.5 points and at this pace of progress it will take more than 60 years to achieve gender equality in the EU; whereas faster progress and efforts by EU institution and Member States are needed;
Amendment 42 #
2021/2020(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, although female employment rates have risen, gender inequality on the labour market remains a fact of life; whereas the employment gap is particularly high in the case of single mothers, female caregivers, women with disabilities, women from ethnic minorities, migrant and refugee womenworrying reality; whereas the gender gap in the full-time equivalent (FTE) employment rate has increased in eight member states since 2010; whereas this gap is particularly high in the case of single mothers, female caregivers, women with disabilities, women from diverse racial, and ethnic backgrounds, women from religious minorities, migrant and refugee women, those with low educational achievement, LBTIQ+ women and young and elderly women;
Amendment 47 #
2021/2020(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas women face intersecting inequalities and discrimination, including linked to their race, ethnic or social origin, sexual orientation, gender identities and expression, religion or belief, residence status, disability and efforts must address all forms of discrimination to achieve gender equality for all women; whereas EU policies have not until now deployed an intersectional approach and have focused only on the individual dimension of discrimination, which downplays its institutional, structural and historical dimensions; Whereas applying an intersectional analysis not only allows us to understand structural barriers, but also offers evidence to create benchmarks and set a path towards strategic and effective policies against systemic discrimination, exclusion and social inequalities;
Amendment 50 #
2021/2020(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the COVID-19 pandemic has exacerbated existing gender inequalities in almost every walk of life;and analyses suggest that the economic impact of the pandemic will roll back on the fragile gains achieved in the past decade with regard to women’s economic independence; whereas women’s employment during the pandemic has fall more sharply than it did during the 2008 recession1a; _________________ 1a EIGE Equality Index 2020
Amendment 57 #
2021/2020(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas available reports and figures from several Member States revealed a worrying increase in gender- based violence during the period of COVID-19 pandemic; whereas lockdown measures made it more difficult for victims of intimate partner violence to seek help as they are often confined with their abusers, and have limited access to support services, and insufficient support structures and resources have exacerbated an already existing ‘shadow’ pandemic;
Amendment 63 #
2021/2020(INI)
Motion for a resolution
Recital D
Recital D
D. whereas violence against women in all its forms (physical, sexual, psychological, economic or cyber violence) is a violation of human rights and one of the biggest obstacles to achieving gender equality; whereas gender based violence is rooted in the unequal distribution of power between genders, patriarchal structures and gender stereotypes, that have led to domination over and discrimination against women by men; whereas gender- based violence may be of differing appearance, intensity and form; whereas a society free of violence must be acknowledged as an absolute prerequisite for equality;
Amendment 74 #
2021/2020(INI)
Motion for a resolution
Recital E
Recital E
E. whereas women in the EU are more severely affected by poverty or social exclusion than men, being systematically placed at a disadvantage by structural and cultural factors; whereas since 2010, the gender gap in earnings has increased in 17 Member States, while the gender gap in income has gone up in 19 Member States, leading to an overall increase in gender inequality in earnings and income in the EU; whereas these situation is even worse for women experiencing intersecting forms of discrimination;
Amendment 84 #
2021/2020(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the EU gender pay gap is 164.1%, with variations between the Member States; whereas this gender pay gap has a number of implications, not least a 36.7% difference in corresponding pension entitlements, placing older women at greater risk of poverty and social exclusion; whereas it is the result of disadvantages accrued by women over time, such as lack of access to the many financial resources, such as benefits and pension systems, that come with full-time employment, and for which many women are ineligible as they tend to stay in part- time employment or face job discontinuity due to care responsibilities; whereas the right to equal pay for equal work is not always guaranteed and remains one of the biggest challenges to be met in efforts to combat pay discrimination;
Amendment 93 #
2021/2020(INI)
Motion for a resolution
Recital G
Recital G
G. whereas theirwomen’s role as primary caregivers with in the family imposes a disproportionate burden of unpaid care and domestic work on women, who play a vital role in this respect; whereas before the COVID-19 outbreak, women in the EU spent an average of 13 hours more than men on unpaid care and housework every week; whereas 7.7 million women (aged 20–64) in 2019 was away from the labour market in the EU, because they were looking after children or other people with care needs, compared with 450 000 men; whereas far more women than men also work part-time (8.9 million versus 560 000) owing to their care responsibilities; whereas the rising long- term care needs and lack of care services intensify gender inequalities within families and in employment; whereas there is an urgent need to foster policies that challenge and combat the patriarchal division of gender roles and stereotypes;
Amendment 109 #
2021/2020(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the presence of women in EU national parliaments (both houses) has increased from 24 % in 2010 to 32 % in 2020; whereas gender balance has improved among cabinet ministers in national governments, from 26 % in 2010 to 32 % in 2020; whereas there are significant differences between Member States with only 7 member states having reached gender parity or gender-balanced cabinets: whereas at regional and local levels, the rate of change continues to be extremely slow with only 29% of women represented in 2019 with Hungary, Slovakia and Romania having more than 80 % male representation in regional assemblies;
Amendment 115 #
2021/2020(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
H b. whereas gender imbalance is likewise a persistent phenomenon in central banks, corner stones of economic- decision making and which shape social, political and economic realities; whereas currently, all central banks of EU Member States are governed by a man and women held a quarter (24.6%) of seats in the key decision-making bodies of national central banks in the EU;
Amendment 116 #
2021/2020(INI)
Motion for a resolution
Recital H c (new)
Recital H c (new)
H c. whereas the European Institute for Gender Equality has found that the performance of EU Member State in gender main-streaming has been decreasing since 2012; whereas despite a slight rise of governments’ commitment to mainstream gender into public administration the availability of gender mainstreaming structures and the use of gender mainstreaming tools has decreased;
Amendment 118 #
2021/2020(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Is concerned about the fact that according the 2020 Gender Equality Index the EU remain still far from achieving gender equality; Stresses than more than one third of Member States scored fewer than 60 points in 2018 with Greece, Poland and Hungary in particular need of improvement; Regrets the slow progress and the fact that for some member states combating gender discrimination is not seen as important policy area or political priority;
Amendment 131 #
2021/2020(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States to take practical measures to ensure that women have equal access to work with rights and decent pay; stresses the need to promote collective bargaining as a determining factor in reversing and overcoming inequality and tackling discrimination against women in all their diversity and calls for de jure and de facto compliance with the principle of equal pay for equal work of equal value;
Amendment 136 #
2021/2020(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the Commission proposal on binding transparency measures as an important initiative to combat the gender pay gap, but stresses that pay transparency alone will not address the deep-rooted gender inequalities behind this gap; Calls for an immediate gender pay and pension gap action plan which should set clear targets for the Member States and ensure that such targets are taken account in the country-specific recommendations; highlights the need to include in such action plan an intersectional perspective and the diverse realities and discrimination experiences faced by particular groups such as muslim women, women form diverse racial and ethnic backgrounds, migrant women, women with disabilities, trans, lesbian and non- binary persons;
Amendment 148 #
2021/2020(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the EU and its Member States to fully transpose the Work Life Balance Directive and to further underpin maternity and paternity entitlements, for example by increasing periods of fullequal and fully paid leaves, with no loss of pay,a view of further involving men in unpaid work and taking into account the World Health Organization recommendation that children be exclusively breastfed for the first six months of their lives; calls for the right to a reduction in working hours following maternity leave to be guaranteed in practice, enabling mothers to breastfeed their children until they are at least two years oldand flexible work arrangement following maternity and paternity leave to be guaranteed in practice, enabling parents to better share and balance work with care responsibilities, accompanied by investment in a public network of free childcare and education services;
Amendment 163 #
2021/2020(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Call on the EU to put forward a Care Deal For Europe, a set of policies, programmes, funding and recommendations to foster a transition towards a care economy with a view to advance towards societies where life and the wellbeing of all is prioritised over growth, the value of care work, both paid and unpaid, is put at the centre of our economies and to respond to the social impacts on those with caring responsibilities.
Amendment 169 #
2021/2020(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Underlines the negative consequences of joint taxation systems on women’s employment rates and their economic independence and on the pension pay and care gaps; stresses that tax systems should no longer be based on the assumption that households pool and share their funds equally and that individual taxation is instrumental to achieving tax fairness for women;
Amendment 173 #
2021/2020(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Regrets that only 8 member states have ratified the ILO Convention No189 on domestic workers that aims to provide legal recognition for domestic work, extend rights to all domestic workers, especially women, in the informal economy, and prevent violations and abuses; Calls on all MS to urgently ratify and ensure compliance with the articles of this ILO Convention;
Amendment 175 #
2021/2020(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Reminds ones again to put a stronger focus on gender equality within different phases of the European Semester process; Urges to incorporate the EIGE Gender Equality Index in the Social scoreboard and provide gender disaggregated data on the exiting indicators in order to monitoring progress on gender equality and better address country-specific challenges;
Amendment 182 #
2021/2020(INI)
Motion for a resolution
Subheading 2
Subheading 2
Eradication of violence against women and gender based violence
Amendment 184 #
2021/2020(INI)
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Strongly reaffirms its previously expressed commitment on tackling gender-based violence and on the need to have a comprehensive Directive covering all its forms, as the best way to put an end to it; recalls that the Council should urgently conclude the EU’s ratification of the Istanbul Convention on the basis of a broad accession without any limitations, as the Convention remains the international standard and a key tool for the eradication of gender-based violence by following a holistic and coordinated approach that places the rights of the victim at the centre and addresses the issues from a wide range of perspectives;
Amendment 187 #
2021/2020(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the urgent need to counter the exploitation of women at work and combat the inequalities, discrimination and violence affecting them; Stresses that harassment experienced in a work place constitutes a serious attack on a person’s psychological and physical health, making them feel insecure at work or in some cases preventing them from doing their work; notes that women are far more likely to be exposed to sexual harassment than men; Calls on Member States to adopt the International Labour Organisation (ILO)Conventions 190 in order comply with the global standards aimed at ending violence and harassment in the world of work.
Amendment 195 #
2021/2020(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for women who suffer domestic violence to be afforded proper protectionon Member States to take all necessary measures to ensure protection, support and reparation to all victims of all forms of gender-based violence, including domestic violence, ensuring the deployment of increased resources and more effective responses by the State;
Amendment 210 #
2021/2020(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that forced prostitution constitutes a serious form of violence and exploitation affecting mostly women and children; notes that the root causes of forced prostitution are inextricably intertwined with social and economic realities, particularly unemployment, financial need and poverty; stresses the importance of a gender sensitive approach to human trafficking and about the need for Member States to increase funding for social support and access to public services for victims of trafficking or sexual exploitation; Calls on Member states to fully implement the Anti-trafficking Directive and to urgently stop imprisoning or deporting potential victims; Calls on the European Commission to closely monitor specially the application and transposition of this Directive and to initiate infringements procedures on those Member States failing to do so;
Amendment 218 #
2021/2020(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that gender-based violence intersects with multiple axes of oppression; Underlines that women and girls with disabilities are two to five times more likely to experience various forms of violence, highlights that the EU is obliged, as a party to the CRPD, to take measures to ensure the full and equal enjoyment by women and girls with disabilities of all human rights and fundamental freedoms, notes that the Committee on the Rights of Persons with Disabilities recommended in 2015 that the EU should advance its efforts in this direction, inter alia through ratification of the Istanbul Convention;
Amendment 226 #
2021/2020(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Applauds the unambiguous defence of all freedoms anywhere in the world, while condemning measures that undermine rights, freedoms and guarantees and deprecating all forms of prejudice, including discrimination on the grounds of gender sexual orientation gender identity, gender expression or sex characteristic;
Amendment 235 #
2021/2020(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that any strategy designed to achieve equality must get to grips with all forms of violence against womengender-based violence, including the erosion of healthcare entitlements and sexual and reproductive health and rights acquired by women and infringements thereof;
Amendment 246 #
2021/2020(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the need for Member States to adopt a policy placing special emphasis on improved public health and the prevention of disease by guaranteeing free, universal and high-quality healthcare and ensuring the availability of the necessary resources to combat the main public health problems; Stresses that health inequalities are accumulating for women with low education and women with disabilities, who have both the poorest health and the most limited access to health services;
Amendment 258 #
2021/2020(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses that since 2010 gender segregation in education has increased slightly, with the situation worsening in 13 Member States and in other cases remaining almost unchanged; Highlights that gender segregation in education remains a major barrier to gender equality in the EU; Calls on the Member States to tackle sexism and gender stereotypes in their education systems and to combat gendered labour market segmentation in STEM careers by investing in formal, informal and non- formal education, lifelong learning and vocational training for women to ensure their access to high-quality employment and opportunities to reskill and upskill for future labour market demand and prevent a vicious circle of gender segregation of labour;
Amendment 262 #
2021/2020(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Member States to take specific measures to combat the risk of poverty in old age and retirement, increasing pensions and boosting social benefits; Is extremely concerned with the fact that the poverty gender gap has increased in 21 Member State since 2017; Stresses that poverty or social exclusion are concentrated among certain particularly marginalised groups of women as lone mothers, women above 65 years of age, women with disabilities and those with low level of education and migrant background;
Amendment 267 #
2021/2020(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Highlights that there is still a misconception that homelessness amongst women is a relatively minor social problem in Europe; Points at the lack of basic data on the nature and extent of women’s homelessness making this problem less visible; Stresses the importance to recognize gender-based violence and the gendered experiences of trauma as a root cause of women’s homelessness, as well as to look at wider societal problem intersecting with broader socio-economic and structural barriers, such as poverty, the lack of affordable housing and other structural factors; Urges on EU and Member States to integrate a gender perspective into policies and practices addressing homelessness and to develop specific strategy to combat women’s homeless and ensure that services work appropriately and effectively to meet the needs of homeless women;
Amendment 269 #
2021/2020(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Recalls the need to combat intersectional forms of discrimination, especially against marginalised groups, including women with disabilities, black women, migrant, ethnic minority and Roma women, older women, single mothers, LGBTIQ+ people and homeless women, and stresses the importance that their needs and concerns are addressed in EU polices and initiatives; Calls on the Commission to lay down explicit guidelines on the implementation of the intersectional framework; Calls on the European Commission to present a EU Action Plan with specific measures to improve the socio-economic situation of women who face intersecting forms of discrimination and to combat feminisation of poverty and of precarious work;
Amendment 270 #
2021/2020(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Is deeply concerned about increasing gender equality backlash in some EU member states and specially in the attempts to further criminalise abortion care and undermine young people's access to sexuality education in Poland and about the adopted reforms that attacks LGTBIQ+ people in Hungary; Demands strengthened support for women’s rights defenders and women’s rights organisations in the EU, including organisations working on sexual and reproductive rights and LGBTI+, through increased and earmarked financial support in the next MFF;
Amendment 274 #
2021/2020(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Is deeply concerned about the fact that the Green New Deal and related environmental and climate initiatives do not include a gender perspective; Urges the Commission to comply with their obligation to incorporate gender mainstreaming into all EU policies, including EU environmental and climate policies: Urges that these policies be informed by rigorous gender analysis to ensure that they address existing gender inequalities and other forms of social exclusion; Calls the European Commission to design a roadmap to deliver on the commitments of the Gender Action Plan agreed at COP25and to appoint a permanent EU gender and climate change focal point, with sufficient budget resources, to implement and monitor gender-responsible climate action in the EU and globally;
Amendment 277 #
2021/2020(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Urges the Member States to reach a common position as soon as possible on the proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426), which has been blocked since its adoption by Parliament in April 2009;
Amendment 280 #
2021/2020(INI)
15 c. Calls on the Member States and the Council to create a formal Council configuration on Gender Equality, in order to provide the Ministers and Secretaries of State in charge of gender equality with a dedicated forum for discussion, to ensure that gender equality issues are discussed at the highest political level and to better facilitate gender mainstreaming across all EU policies;
Amendment 283 #
2021/2020(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15 d. Stress that the European Court of Auditors concluded that the Commission had not yet lived up to its commitment to gender mainstreaming in the EU budget; Calls on the European Commission to implement the European Court of Auditors recommendations to strengthen the institutional framework for supporting gender budgeting; to carry out gender analyses of the needs and impacts and update its better regulation guidelines; to systematically collect, analyse and report on existing sex-disaggregated data for the EU funding programmes; to make use of gender-related objectives and indicators to monitor progress; to develop a system for tracking funds allocated and used to support gender equality; and to report annually on the results achieved in terms of gender equality;
Amendment 285 #
2021/2020(INI)
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15 e. Welcomes the commitment to take gender equality into account under the Recovery and Resilience Facility, the largest part of the Next Generation EU instrument but deeply regrets that the gender impact of these funds will be difficult to monitor and follow up on the results due to the lack of gender specific indicators and objectives; Calls therefore on the Commission to use gender disaggregated data and indicators, in particular, in the recovery and resilience scoreboard, assess the gender impact of implemented measures and results at the time of the evaluation of the national plans setting out the Member States reforms and their investment agendas, and impose a gender balanced governance of the Recovery and Resilience Facility (RRF) and the European Semester;
Amendment 287 #
2021/2020(INI)
Motion for a resolution
Paragraph 15 f (new)
Paragraph 15 f (new)
15 f. Calls on the Commission to mainstream gender equality into all policy-making and to carry out gender impact assessments when setting up any new policy to help ensure a more coherent and evidence-based EU policy response to gender equality challenges; calls on the Member States to undertake corresponding measures at the national level;
Amendment 420 #
2021/0106(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) The European Union and its Member States as signatories to the United Nations Convention on the Rights of Persons with Disabilities (CRPD) are obliged to protect persons with disabilities from discrimination and to promote their equality. They are obliged to ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems and to ensure respect for the fundamental rights, including that of privacy, of persons with disabilities.
Amendment 423 #
2021/0106(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15 b) Providers of AI systems should ensure that these systems are designed in accordance with the accessibility requirements set out in Directive (EU) 2019/882 and guarantee full, equal, and unrestricted access for everyone potentially affected by or using AI systems, including persons with disabilities.
Amendment 1632 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
In eliminating or reducing risks related to the use of the high-risk AI system, due consideration shall be given to the technical knowledge, experience, education, training to be expected by the user and the environmendeployer, to the socio-technical context in which the system is intended to be used, and to reasonably foreseeable use or misuse.
Amendment 1662 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 8 – point a (new)
Article 9 – paragraph 8 – point a (new)
(a) adversely affect specific groups of people, in particular on the basis of gender, sexual orientation, age, ethnicity, disability, religion, socio-economic standing, religion or origin, including asylum seekers including migrants, refugees and asylum seekers;
Amendment 1671 #
2021/0106(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 6 #
2020/2260(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to Article 13 TFEU that states that when formulating and implementing the Union's policies, in particular concerning its internal market, full regard should be paid to the welfare requirements of animals, since animals are sentient beings,
Amendment 139 #
2020/2260(INI)
Motion for a resolution
Citation 35 f (new)
Citation 35 f (new)
- having regard to the European Commission’s Fitness Check Roadmap and revision of the existing animal welfare legislation, including on animal transport and the slaughter of animals, to assess their effectiveness, relevance and consistency and to ensure a higher level of animal welfare in the EU,
Amendment 146 #
2020/2260(INI)
Motion for a resolution
Citation 36 a (new)
Citation 36 a (new)
- having regard to the 2020 report commissioned by the European Parliament’s Committee on Petitions, entitled “Ending the Cage Age: Looking for Alternatives”,
Amendment 181 #
2020/2260(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas infinite economic growth on a planet with finite resources is impossible; whereas the pursuit of economic growth is a deeply problematic paradigm that needs to give way to a more sensible pursuit of enhancing quality of life and wellbeing, meaning that our economic models need to be adapted to the planetary boundaries to ensure a sustainable future;
Amendment 195 #
2020/2260(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Europe’s food system should deliver food and nutrition security in a way that contributes to social well- being and maintains and restores ecosystem health and respects the planetary boundaries; whereas currently, the food system is the single largest driver of global deforestation and biodiversity loss in Europe as well as responsible for a wide range of detrimental impacts on human and animal health and welfare, on the environment, the climate and biodiversity; whereas the way in which we produce and consume food needs to transform radically and rapidly in order to ensure coherence with the SDGs, the Paris Agreement, the Convention on Biological Diversity and EU policies, particularly in the areas of sustainability, the environment, climate, biodiversity, public health, animal welfare, research and innovation, trade policy, food and economic sustainability for farmers;
Amendment 245 #
2020/2260(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas European citizens are increasingly concerned about the welfare of animals in the agricultural sector and expect the EU to transition away from intensive farming practices, like caged farming; whereas the European Citizens’ Initiative (ECI) “End the Cage Age”, which calls on the EU to phase-out the use of cages in animal farming, has collected nearly 1.4 million certified signatures, qualifying as one of the few successful ECIs; whereas the European Committee of the Regions committed to the objective of ending caged farming and many EU member states already adopted national legislation which goes beyond the minimum EU standards, increasing the urgency for legislative action, at the EU level, to end this inhumane practice and ensuring a level-playing field for farmers across the EU;
Amendment 247 #
2020/2260(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas industrial livestock production and intensive monocultures result in high greenhouse gas emissions, soil degradation, air pollution, water contamination and biodiversity loss; whereas globally, food and farming systems contribute up to 30% of all greenhouse gas emissions; whereas agriculture is responsible for about 90% of EU ammonia emissions, which has significant negative effects on the environment and biodiversity, and is a major contributor to the air pollution that kills 400,000 European citizens each year; whereas the use of pesticides and fertilisers threatens biodiversity, including bees and other essential pollinators, and human and animal health;
Amendment 263 #
2020/2260(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas animals are recognised under Article 13 TFEU as sentient beings and full regard must be paid to animal welfare requirements in EU policymaking as they deserve due consideration and respect, especially because the welfare of animals kept for food production is a key issue of concern for EU citizens; whereas significant developments in animal welfare science have taken place since the existing EU farm animal welfare legislation was adopted and it is thus vital to revise and augment the existing body of animal welfare legislation to bring it into line with the latest scientific advancements and to respond to societal demands for improvement of the welfare of animals and the elimination of outdated livestock housing systems and other production practices that negatively impact their welfare;
Amendment 279 #
2020/2260(INI)
Motion for a resolution
Recital B e (new)
Recital B e (new)
Be. whereas a diet rich in plant-based foods and with fewer animal source foods confers both improved health and environmental benefits, and transformation to healthy diets by 2050 will require substantial dietary shifts, whereas global consumption of fruits, vegetables, nuts and legumes will have to double, and consumption of foods such as red meat and sugar will have to be reduced by more than 50% in order to achieve dietary shifts towards less resource-intensive products (more plant based, less refined), with more effective distribution chains, and food waste prevention to easily compensate for the yield shortfalls that are often associated with more sustainable production methods;
Amendment 289 #
2020/2260(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the European model of a multifunctional agricultural sector, driven by family farms, continues to ensure quality food production, local supply chains, good agriculture practices, high environmental standards and vibrant rural areas throughout the EU; whereas this agricultural model is endangered by the ongoing takeover of production capacities by industrial and multinational companies that rely on large-scale, automated and cage-based production methods;
Amendment 389 #
2020/2260(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the COVID-19 pandemic has shown us how vulnerable we are for emerging zoonotic diseases; taking into account that around half of the zoonotic diseases that have emerged in humans since 1940 resulted from changes in land use, especially clearing land for crop and livestock production that bring people and livestock close to forests and increase contact between wildlife, livestock, pathogens and people; whereas the expansion and intensification of agriculture, the breeding of billions of farm animals kept in close proximity to each other and to humans and the lack of genetic diversity in kept animals coupled with the high use of veterinary medicine which reduce the natural resistance in animals, unsustainable international trade and wildlife hunting and trade create ideal conditions for outbreaks of infectious and zoonotic diseases, which, just as the novel coronavirus, have the potential to become pandemics with dramatic consequences for our health and our societies;
Amendment 429 #
2020/2260(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the European food safety tests that are using animals are rapidly becoming out-of-date for drawing conclusions that can be reproduced and validated, as well as that ensure the highest safety standards for the public, animals and the environment; whereas the use of animal-free new approach methodologies (NAMs) should become the main approach for addressing the data needs which underpin food safety and the sustainable and safe use of pesticides;
Amendment 679 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Stresses that protection and restoration of biodiversity is crucial for safeguarding EU and global food security, and that the coherence with the EU Biodiversity Strategy, including the contribution of Natura2000 and Marine Protected Areas to support healthy food production, must be guaranteed at all times;
Amendment 692 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 g (new)
Paragraph 2 g (new)
2g. Insists that bio-based industrial value chains that threaten food security, the climate and biodiversity in Europe and globally, must no longer receive any subsidies or market incentives; highlights furthermore that the strict public monitoring of the climate and biodiversity impacts of raw biomass production, in particular, will be paramount in preventing the destruction of carbon sinks;
Amendment 697 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 g (new)
Paragraph 2 g (new)
2g. Stresses the importance of robust and strict criteria for biomass-based renewable energy production and calls on the Commission to bring forward science- based criteria as part of the review of the Renewable Energy Directive;
Amendment 860 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Reiterates its calls to only present draft implementing regulations to extend the approval periods of substances for which the current state of science is not expected to lead to a Commission proposal for non-renewal of the authorisation of the active substance concerned, and to withdraw the approvals for substances if proof or reasonable doubt exists that they will not meet the safety criteria laid down in Regulation; reiterates its calls on the Member States to ensure the proper and timely reassessment of the authorisations for the active substances for which they are the reporting Member States, and to ensure that current delays are solved effectively as soon as possible;
Amendment 884 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 k (new)
Paragraph 3 k (new)
3k. Welcomes EFSA's encouragement of the use of in vitro methods in assessing the safety of feed additives for food handlers and its tiered approach to toxicological testing for pesticides; believes, however, that more must be done to promote the development and use of New Approach Methodologies (NAMs) in this regard to significantly reduce tests on animals and ensure better health and environmental protection;
Amendment 968 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 981 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Welcomes the Commission’s commitment to evaluate and revise the existing body of animal welfare legislation and underlines the importance of taking into account the latest advancements in animal welfare science and responding to public, political and market demands for higher animal welfare standards; expresses concern that the revision of this animal welfare legislation is only scheduled for the fourth quarter of 2023, urges the Commission to deliver concrete proposals to revise existing animal welfare legislation already by 2022 and also report annually to Parliament on its actions concerning the protection of animals during slaughter and transport;
Amendment 985 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Urges the revision of Council Directive 98/58/EC concerning the protection of animals kept for farming purposes, which sets down generic rules that have proved difficult to implement and enforce, suggests therefore transposing this Directive into a Regulation, thereby creating the possibility of delivering delegated and implementing acts to set down welfare requirements for species for which no species-specific EU minimum standards presently exist, including dairy cattle, beef cattle, sheep, goats, turkeys, ducks, geese, rabbits, farmed fish and of all their offspring;
Amendment 987 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Urges the revision of Council Directive 1999/74/EC laying down minimum standards for the protection of laying hens in order to rapidly phase-out and prohibit enriched battery cages and require cage-free systems for all laying hens, to create a level-playing field and improve the welfare of animals kept in the EU at the same time;
Amendment 989 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Calls for Council Directive 2008/120/EC laying down minimum standards for the protection of pigs to be revised to inter alia remove the 28 day exemption for confining sows in individual stalls and to ensure that the animals are kept in group housing throughout the entire gestation period and farrowing;
Amendment 991 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Calls on the Commission to implement and enforce relevant EU legislation, in particular Council Directive 1/2005/EC of 22 December 2004 on the protection of animals during transport, and regrets the current incompliance with the ruling of the Court of Justice of the European Communities in Luxembourg that animal welfare protection does not stop at the EU's external borders and that animal transporters departing from the European Union must therefore also comply with European animal welfare rules when leaving the EU; and calls on the Commission and the Member States to establish a ban on the transport of animals to countries outside of the EU in case the welfare of these animals is not guaranteed;
Amendment 992 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 h (new)
Paragraph 4 h (new)
4h. Emphasises that the transport of live animals does not only pose severe risks to the welfare and health of the animals transported, but also to public health due to the possible spread of diseases, and underlines in this regard the importance of reducing, refining and replacing live transport and to make sure that the revision of the Council Directive 1/2005/EC of 22 December 2004 on the protection of animals during transport contains comprehensive species- and category-specific requirements, especially regarding the maximum duration of a transport, and a more strict and transparent monitoring and reporting system to ensure that systematic violations will be effectively identified and prevented, and that this revision is in full alignment with the objectives of the farm to fork strategy;
Amendment 993 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 i (new)
Paragraph 4 i (new)
4i. Stresses that, in the context of food safety, environmental protection, climate action, animal welfare and equality between Member States, the Commission must at all times ensure strict enforcement of European legislation; calls on the Commission to make more and better use of infringement procedures in this regard, including strong sanctions, and reminds the Commission of the routine docking of piglets' tails which has not been allowed in the EU since 1991 but is still common practice in many Member States and stresses the need for action to end this;
Amendment 994 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 j (new)
Paragraph 4 j (new)
4j. Calls on the Commission to draw up a roadmap to ensure better welfare for broilers, that includes a timetable for phasing out the farming of chicken breeds associated with health and welfare problems, lower stocking densities without exceptions, adequate distraction facilities, sufficient natural light and space and stricter air quality parameters and calls on the Commission to revise Council Directive 2007/43/EC in order to realise a ban on the rearing of extremely fast- growing hens;
Amendment 995 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 k (new)
Paragraph 4 k (new)
4k. Stresses that, although a large proportion of sheep and goats are reared in extensive farming conditions, such as on pastureland, significant concerns exist regarding animal welfare in intensive goat and sheep farming; underlines the alarming situation of male goat-kids that are treated as a waste product, as well as problems as mutilations, lameness, transport problems and diseases caused by communicable diseases, and calls on the Commission to address these concerns in the upcoming revision of animal welfare legislation;
Amendment 996 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 l (new)
Paragraph 4 l (new)
4l. Repeats its call on the Commission and the Member States to tackle the problem of stable fires by promoting best practices and by introducing fire safety requirements, including preventive measures and sprinkler installations, and measures which guarantee that animals can escape from their stables in the event of fire;
Amendment 997 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 m (new)
Paragraph 4 m (new)
4m. Emphasises that animals should experience as little distress and stress as possible when transported and slaughtered and therefore welcomes the revision of existing animal welfare legislation on animal transport and the slaughter of animals; suggests in this regard to establish mandatory camera surveillance in slaughterhouses in the EU and to encourage Member States to ensure that trucks and vessels used to transport animals are equipped with a GPS tracking system;
Amendment 1006 #
2020/2260(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that extensive and permanent grassland-based or organic animal husbandry is a feature of the European food system and a defining element of many traditional rural communities, and that it has multiple positive effects for the environment and against climate change, and contributes to a circular economy; can play a role in a sustainable and circular food system; stresses that, in contrast, intensive livestock farming causes major negative impacts on public health and the environment and thus calls on the Commission to ensure that its policies and funding programmes solely promote a shift to less and better animal farming and meat, dairy and eggs consumption in Europe, while emphasising that to restore biodiversity, the use of non-native grass types and use of herbicides should be abandoned in dairy farms;
Amendment 1039 #
2020/2260(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that each years, in the EU alone, over 300 million farmed animals spend all, or a significant part, of their lives imprisoned in cages; stresses that this practice causes tremendous suffering, as these sentient beings cannot perform most of their natural behaviours, resulting in physical and psychological illness; calls on the Commission to put forward, without delay, a legislative proposal to phase-out the use of cages for all farmed animals, while ensuring, together with Member States, appropriate measures to assist farmers in this transition;
Amendment 1040 #
2020/2260(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that the EU keeps more than seven billion animals annually for the production of meat, dairy and eggs, which results in an enormous environmental impact, the emission of many greenhouse gases and harmful substances, biodiversity loss and climate change, but also causes immense animal suffering; emphasises that a reduction in the number of animals kept for agricultural purposes should be encouraged and calls in that regard for a European ban on the establishment, development and extension of factory farms;
Amendment 1061 #
2020/2260(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Stresses that, unless animal production standards in third countries are aligned with those of the EU, imports of animal products from third countries should be forbidden;
Amendment 1187 #
2020/2260(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Deeply deplores that the opportunity to fundamentally reform the CAP has been wasted, and that the stances taken by Parliament and Council will lock in our agricultural sector even deeper in unsustainable farming methods; points out that even the Commission's analysis shows that the ambitions and goals of the European Green Deal will not be met with the current positions of the legislators;
Amendment 1207 #
2020/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for CAP National Strategic Plans to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering short supply chains and quality food production; fully contribute to the farm to fork targets and ambition, and to include a national target for organic land based on an analysis of the organic sector’s current development and potential in each Member State; calls on the European Commission to only approve CAP National Strategic Plans if they demonstrate their contribution to European Green Deal objectives, given Member States respective baselines, and to make sure that all CAP National Strategic Plans together meet the Union- wide targets; calls on Member States to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering short supply chains, pesticide free and high-quality, local food production; stresses that such models should support farmers in the transition towards climate neutrality and biodiversity conservation, and calls for eco-schemes to include a funding mechanism to help farmers transition away from animal agriculture, towards plant-crop farming, to ensure a healthy and sustainable future;
Amendment 1290 #
2020/2260(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that the European food system generally delivers a sufficient and varied supply of safe, nutritious, affordable and sustainable food to people at all times and and affordable food to people at all times but emphasises that the healthfulness and sustainability of European food must still improve; points out that an estimated 11% of the population (49 million people, EU-27) are unable to afford a quality meal every second day and that COVID-19 is likely to exacerbate financial difficulties for many European households; stresses that food poverty requires appropriate policy response; underlines that increasing the economic, environmental and social sustainability of food producers will ultimately increase their resilience; encourages the Commission and the Member States to consider the food supply chain and its workers as a strategic asset for the safety and well-being of all Europeans, and to ensure that working and social protection conditions throughout the EU food supply chain meet national, EU and international standards for all workers;
Amendment 1355 #
2020/2260(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Stresses that fish are sentient beings and should be spared unnecessary suffering; calls on the Commission and the Member States to take steps to develop and implement gentler methods of capture, landing, transport and slaughter of fish in order to reduce stress and improve fish quality;
Amendment 1356 #
2020/2260(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Notes that EU animal welfare legislation is currently not applicable to marine invertebrates, while several third countries have included these animals in their animal welfare legislation; calls on the Commission and the Member States to take steps to improve the welfare of marine invertebrates, like crabs and lobsters, by including these animals in their animal welfare legislation;
Amendment 1405 #
2020/2260(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Notes that outbreaks of animal diseases have disastrous consequences for the health and welfare of animals, farmers and local residents; stresses that human and animal health must prevail at all times and that a drastic reduction of intensive livestock farming and the amount of animals kept in the EU for agricultural purposes is necessary in this regard;
Amendment 1411 #
2020/2260(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Is deeply worried about the potential of intensive livestock farms to facilitate the spread of pests and epidemic diseases, especially in areas with a high concentration of intensive farms; urges the Commission, Member States and regional authorities to use all means to their disposal to protect public and animal health, including notably spatial zoning policy ensuring a sufficiently large buffer strip between industrial farms and populated areas, and to regulate a maximum stocking density;
Amendment 1416 #
2020/2260(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Urges the Commission to present legal proposals to ban the import, trade and consumption of all wildlife in the EU in order to reduce the risk of future zoonosis outbreaks;
Amendment 1417 #
2020/2260(INI)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Calls for an EU wide ban on fur production as the COVID-19 pandemic has shown that this sector is highly susceptible for infectious disease and is responsible for intolerable animal suffering;
Amendment 1440 #
2020/2260(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for primary producers to be supported in making the transition to greater sustainability, including cage-free animal farming, through the encouragement of cooperation and collective actions as well as through competition rules and the enhancement of possibilities for cooperation within the common market organisations for agricultural, fishery and aquaculture products, and thus for farmers’ and fishers’ position in the supply chain to be strengthened in order to enable them to capture a fair share of the added value of sustainable production;
Amendment 1518 #
2020/2260(INI)
13b. Highlights that the COVID-19 pandemic shed new light on the challenging working and living conditions of millions of workers in the agricultural sector in Europe, notably those working in slaughterhouses, and calls for the recognition of the importance of protecting workers’ individual and collective labour and social rights, thereby reinforcing the ‘social dimension’ of EU agriculture, and calls on the Commission to strengthen measures focusing on the rights, working and employment conditions and social protection of farm labourers including migrants and other mobile workers, and to ensure coherence between policy areas on this issue;
Amendment 1526 #
2020/2260(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the reviewoverhaul of the EU promotion programme for agricultural and food products, including the EU school scheme, with a viewto align it fully with the European Green Deal and the Sustainable Development Goals, with a view bringing it into coherence with the objectives of the Green Deal and farm to fork strategy and to enhancing its contribution to sustainable production and consumption, notably by promoting organic produce, focusing on educational messages about the importance of healthy nutritionand sustainable nutrition based on less meat and dairy and promoting greater consumption of fruit and vegetables with the aim of reducing obesity rates, increasing environmental awareness and encouraging a shift towards a more sustainable plant-based diet;
Amendment 1579 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Points out that given the significant environmental impact of dairy production, the EU school scheme should be limited to organic fruit and vegetables, and no longer promote cow’s milk; underlines that, at the very minimum, children should be offered the alternatives of plant-based milk products if it continues;
Amendment 1588 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Welcomes the Strategy’s recognition that marketing campaigns advertising meat at very low prices should be avoided, but regrets that the Strategy made no commitment to cease stimulating the production and consumption of meat through promotional programmes for agricultural products;
Amendment 1590 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Takes note of the Commission's implementing decision of 16 December 2020 on the financing of information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries and the adoption of the work programme for 2021; welcomes the recognition that there is an urgent need to reduce dependency on pesticides and antimicrobials, reduce excess fertilisation, increase organic farming, improve animal welfare, and reverse biodiversity loss and that the annual work programme’s orientation should therefore include topics that highlight and favour products complying with these objectives; sees the ring-fencing of half of the annual work programme’s budget on promoting organic products, on highlighting the environmental sustainability of Union agriculture and on promoting the consumption of fruit and vegetables in the context of balanced, healthy diets as a step into the right direction, but stresses that more should be done to achieve the targets of the farm to fork and the Green Deal; calls on the Commission to ensure that in the next annual work programme, the entire budget is ring-fenced to sustainable, organic and plant based products and promotes short and local food chains;
Amendment 1711 #
2020/2260(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Encourages the Commission to set measurable targets to reduce the consumption of meat in the EU, more in line with dietary guidelines and the sustainability challenges; suggests the inclusion of the target established in the Netherlands, to ensure a level-playing field in the EU, of a reversal of the ratio of animal protein to plant protein consumption from 60/40 to 40/60, and a 10 to 15 % reduction in the total protein intake;
Amendment 1793 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses the need for True Pricing of food to ensure that food prices increasingly reflect the true cost of food by internalising externalities and by upholding the ‘polluter pays principle’ in food production; welcomes the announcement of tax incentives that drive the transition to a sustainable food system and encourage consumers to choose sustainable and healthy diets, like the Commission’s proposal on VAT rates currently under discussion, that could allow Member States to make more targeted use of rates, for instance to support organic fruit and vegetable;
Amendment 1803 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Urges the Commission to present legal or fiscal instruments by 2022 to translate this principle into practice, which should incorporate flexibility in the VAT rates on food with different health and environmental impacts, promoting the use of a zero VAT tax for healthy and sustainable food products (e.g., organic vegetables and fruits) and higher VAT rate on meat and dairy;
Amendment 1818 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 h (new)
Paragraph 18 h (new)
18h. Stresses the need that labelling and marketing rules favour the much needed transition towards sustainable diets, especially sustainable proteins, and stresses that the transition towards more plant based proteins should be promoted, not hindered; calls furthermore for the long overdue rules for clear labelling for vegetarian and vegan suitable foods to be put forward without further undue delay;
Amendment 1923 #
2020/2260(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the further development of plant protein production and alternative sources of protein in the EU is a way of effectively addressing many of the environmental and climate challenges that EU agriculture is facing, as well as preventing deforestation in countries outside the EU, biodiversity loss and ecosystem degradation in countries outside the EU; calls on the Commission to present an EU protein transition strategy covering the demand and the supply side, prioritising food over feed production, enhancing EU self- sufficiency and lowering overall environmental and climate impacts;
Amendment 2043 #
2020/2260(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls for the comprehensive measurement of unharvested food and food ploughed back into the field, and for the identification of the trading practices and policy changes needed to prevent such food waste; stresses that CAP Strategic Plans should include Food Loss and Waste prevention actions at farm level, including support for the development of Short Food Supply Chains, which lower the risks of generating food waste;
Amendment 2070 #
2020/2260(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Invites to delete rules in relevant EU-legislation that are detrimental to the welfare of animals such as the requirement of minimum liver weights for foie gras production in Commission Regulation 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultry meat;
Amendment 2286 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Calls to integrate Policy Coherence for Sustainable Development in trade and investment policies, and to monitor negative impacts of EU food exports on small-scale food and agricultural producers in third countries;
Amendment 2289 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Calls on the Commission to critically reassess all current trade deals and all trade deals which are currently under negotiation on their health and environmental impacts;
Amendment 2292 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 f (new)
Paragraph 26 f (new)
26f. Notes with concern that several audits carried out by DG Sante as well as detailed NGO investigations state that full traceability of live horses from Argentina destined to the European Union market is not ensured, involving food safety risks, and that animal welfare is compromised; calls on the Commission to suspend the import of horse meat from countries where applicable EU requirements relating to traceability and animal welfare are not complied with;
Amendment 41 #
2020/2215(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the report of the Council of Europe’s Committee on Equality and Non-Discrimination of 18 October 2017 on promoting the human rights of and eliminating discrimination against intersex people,
Amendment 43 #
2020/2215(INI)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
- having regard to the report of the Council of Europe’s Committee on Equality and Non-Discrimination of 22 April 2015 on discrimination against transgender people in Europe,
Amendment 116 #
2020/2215(INI)
Motion for a resolution
Recital B
Recital B
B. whereas sexual and reproductive health and rights (SRHR) are based on the rights of all individuals to have their bodily integrity and personal autonomy respected; definhave their sexual orientation and gender identity fully respected; decide whether, with whom and when to be sexually active; decide whether, when and who to marry and when, whether and by what means to have a child or children; have access to the information and support necessary to achieve all of the above9 ; _________________ 9 Guttmacher-Lancet Commission, Executive Summary on sexual and reproductive health and rights, The Lancet, London, 2018, https://www.guttmacher.org/guttmacher- lancet-commission/accelerate-progress- executive-summary
Amendment 151 #
2020/2215(INI)
Motion for a resolution
Recital F
Recital F
F. whereas SRHR challenges and obstacles include: a lack of access, denial of medical care based on personal beliefs, gender-based violence, gynaecological and obstetric violence, a lack of comprehensive sexuality education, denial of access to information/education, a lack of available contraception methods, limited access to medically assisted reproduction treatments, forced sterilisation, including in the context of legal gender recognition, high rates of STIs and HIV, disparities in maternal mortality, high adolescent pregnancy rates, harmful gender stereotypes and practices such as female and intersex genital mutilation, early, forced and child marriages and honour killings; , honour killings and so-called “conversion therapy” practices, which can take the form of sexual violence such as “corrective rape” on lesbian and bisexual women and girls, as well as transgender persons; whereas the enjoyment of SRHR for LGBTI persons may be severely hindered due to the omission in sexual education curricula of the diversity of sexual orientation, gender identity, expression and sex characteristics;
Amendment 161 #
2020/2215(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Amendment 164 #
2020/2215(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas in certain circumstances transgender men and non-binary persons may also undergo pregnancy and should, in such cases, benefit from measures for pregnancy and birth-related care without discrimination on the basis of their gender identity;
Amendment 210 #
2020/2215(INI)
Motion for a resolution
Recital L
Recital L
L. whereas no woman should die in childbirth and evidence-based maternity, pregnancy and birth-related care is a human right;
Amendment 290 #
2020/2215(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls the views endorsed by the Committee of Ministers of the Council of Europe, which recommended trans- specific healthcare such as hormonal treatment and surgery to be accessible and reimbursed by public health insurance schemes;1a _________________ 1aCDDH Report on the implementation of Recommendation CM/Rec(2010)5 of the Committee of Ministers to Member States on measures to combat discrimination on grounds of sexual orientation or gender identity, ¶130, accessible at https://search.coe.int/cm/Pages/result_det ails.aspx?ObjectId=09000016809f9ba0
Amendment 315 #
2020/2215(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that all medical interventions related to SRHR must be undertaken with prior, personal and fully informed consent;
Amendment 319 #
2020/2215(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Reaffirms its call on Member States to adopt legislation ensuring that intersex persons are not subjected to non- vital medical or surgical treatment during infancy or childhood, and that their right to bodily integrity, autonomy, self- determination and informed consent is fully respected;
Amendment 322 #
2020/2215(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
Amendment 341 #
2020/2215(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recalls that the imparting of information should reflect the diversity of sexual orientations, gender identities, expressions and sex characteristics, so as to counter misinformation based on stereotypes or biases; calls on Member States to develop age-appropriate sexual education curricula inclusive of the former;
Amendment 407 #
2020/2215(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines that all the rights afforded to women by law regarding abortion care must apply to all persons undergoing pregnancy, including transgender and non-binary persons, without discrimination on grounds of their gender identity or gender expression and in line with international human rights practices;
Amendment 410 #
2020/2215(INI)
Motion for a resolution
Subheading d
Subheading d
Maternity, pregnancy and birth-related care for all
Amendment 414 #
2020/2215(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls upon the Member States to adopt measures to ensure that all women and pregnant persons have access to affordable, evidence-based maternity, pregnancy and birth-related care;
Amendment 431 #
2020/2215(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls upon the Member States to ensure that maternity, pregnancy and birth-related care must be equally accessible to all persons undergoing pregnancy without discrimination of any kind, notably on grounds of sexual orientation or gender identity;
Amendment 484 #
2020/2215(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls upon the Commissioner for Equality to promote and protect SRHR and to include them in the next EU gender equality simplementation of the EU gender equality strategy and the EU LGBTIQ Equality Strategy;
Amendment 500 #
2020/2215(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls upon the Commission to strengthen its actions to counter the backlash against women’s rights and SRHR;
Amendment 6 #
2020/2209(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that persons with disabilities are entitled to enjoy their fundamental rights on an equal basis; underlines that no barriers should hinder the access of persons with disabilities to legal recourse; stresses the need to ensure effective access to justice for persons with disabilities and to recognize that persons with disabilities enjoy legal capacity on an equal basis with others; calls on the Members States to ensure that all persons with disabilities who have been deprived of their legal capacity can exercise all the rights enshrined in European Union Treaties and legislation; further calls on the Member States to take appropriate measures to provideguarantee affordable, safe and effective access to justice for persons with disabilities and to ensure their right to information and communication at all stages of the process; emphasises that facilities and services must be accessible to ensure equal access to justice; and appropriate assistance to those people who experience difficulty in exercising their legal capacity should be provided;
Amendment 13 #
2020/2209(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for policies to promoteensure access to information and communications for persons with disabilities and to promote public services, including digital public services, that are accessible for persons with disabilities; recalls that information should be accessible, in particular by using simple and understandable language and illustrations for persons with learning impairments1 ; _________________ 1 Petition No 1305/2015.
Amendment 17 #
2020/2209(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. THighlights that reasonable accommodation, accessibility and universal design, is crucial to combat discrimination against persons with disabilities; takes the view that universal, effective and non- discriminatory access involves the identification and removal of obstacles and barriers that hamper the access of persons with disabilities to the goods, services and facilities available to the general public; stresses that universal, effective, and non-discriminatory access for persons with disabilities should be provided under the same terms and conditions as for persons without disabilities wherever possibleguaranteed, and that the use of assistive devices by persons with disabilities should be facilitated, including aids to mobility and access, such as recognised guide dogs and other assistance dogs where necessary2 ; recalls that accessibility standards should be adopted in consultation with persons with disabilities and their representing organisations, since their expertise is essential to the identification of accessibility barriers; _________________ 2Petition Nos 1140/2015, 0857/2016, 0535/2017 and 1140/2015, and 0988/2020.
Amendment 18 #
2020/2209(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that people with disabilities, in particular women with disabilities, continue to face multiple and intersectional discrimination based on their disability and their gender, race, ethnicity, age, religion or belief, sexual orientation, migration status or socioeconomic background; calls on the Commission and the Member States to take into account the diversity and heterogeneity of persons with disabilities when designing and implementing policies and measures;
Amendment 26 #
2020/2209(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Highlights that full and effective participation of persons with disabilities in all areas of life and society is crucial for the enjoyment of their fundamental rights;
Amendment 34 #
2020/2209(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that goodinclusive and accessible education for persons with disabilities must be prioritised; recalls that persons with disabilities have the right to participate in all educational levels and forms including early childhood education and on an equal basis with others; encourages the Member States to promote high-quality education and lifelong learning.
Amendment 39 #
2020/2209(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that, according to the CRPD, the EU should mainstream a disability perspective in all its gender policies, programmes and strategies; endorses the CRPD recommendations and urges the Commission and the Member States to step up efforts in this direction; recalls that persons with disabilities often have their views disregarded in favour of other people speaking or making decisions on their behalf and further urges the Commission and the Member States to involve the persons with disabilities in all their diversity and of all backgrounds in EU decision-making;
Amendment 46 #
2020/2209(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes the Commission commitment in the EU Strategy for the Rights of Persons with Disabilities 2021- 2030, to pay particular attention to women with disabilities, who are two to five times more likely to face violence than other women; calls on the Commission to mainstream and take the situation of women with disabilities in all EU policy and measures, in particular, with regards to future initiatives relating to gender based violence;
Amendment 49 #
2020/2209(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the Commission to pay attention to persons with disabilities living in institutions; is concerned that the COVID-19 pandemic highlighted and intensified the challenges faced by persons living in institutions; calls on the EU Member States to adopt deinstitutionalisation strategies and to ensure that their laws, policies and programmes on deinstitutionalisation are in line with the concept of independent living set out in the CRPD; calls on the Commission to use benchmarks in order to measure progress;
Amendment 50 #
2020/2072(INL)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
- having regard to the European Economic and Social Committee Opinion of 19 June 2019 on "Further strengthening the Rule of Law within the Union. State of play and possible next steps" which proposed to create an annual Stakeholders' Forum on fundamental rights and the rule of law;
Amendment 51 #
2020/2072(INL)
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
- having regard to the conclusions of the Council of the European Union and the Member States meeting within the Council on ensuring respect for the rule of law of 16 December 2014;
Amendment 52 #
2020/2072(INL)
Motion for a resolution
Citation 34 c (new)
Citation 34 c (new)
- having regard to the United Nations Declaration on Human Rights Defenders of 8 March 1999;
Amendment 54 #
2020/2072(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 of the Treaty on European Union (TEU); whereas those values are values which are common to the Member States and to which all Member States have freely subscribed; whereas democracy, the rule of law and fundamental rights are mutually reinforcing principles;
Amendment 77 #
2020/2072(INL)
Motion for a resolution
Recital C
Recital C
C. whereas breaches of the values referred to in Article 2 TEU do not concern solely the individual Member State where the breaches materialise, but also have an impact on other Member States, weaken the cohesion of the European project, the fundamental rights of all Union citizens and mutual trust among the Member States;
Amendment 88 #
2020/2072(INL)
Motion for a resolution
Recital E
Recital E
E. whereas a regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States, once adopted, would become an indispensable tool in safeguarding the rule of law within the Union, if the voting procedure is designed in such a way that this instrument can be used effectively and cannot be blocked by a minority in the Council;
Amendment 97 #
2020/2072(INL)
Motion for a resolution
Recital F
Recital F
F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and local authorities as well as national associations which are responsible for the support of the judiciaries in the independent delivery of justice;
Amendment 105 #
2020/2072(INL)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society at all levels;
Amendment 126 #
2020/2072(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s legal order, the protection of fundamental rights of all its citizens, the functioning of its single market, the effectiveness of its common policies and its international credibility;
Amendment 138 #
2020/2072(INL)
3. recognises that the Union remains structurally ill-equipped to tackle democratic and, rule of law and fundamental rights violations and backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that field;
Amendment 153 #
2020/2072(INL)
4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; reiterates the need for a comprehensive monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of all Union values becomes a permanent and visible part of the Union agenda;
Amendment 171 #
2020/2072(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures, including financial measures;
Amendment 182 #
2020/2072(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. points out that the Mechanism should consolidate and supersede existing instruments, in particular the Annual Rule of Law Report, the Commission’s Rule of Law Framework, the Council’s Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM), while increasing complementarity and coherence with other available tools, including infringement procedures under Article 258 TFEU, the procedure under Article 7 TEU, budgetary conditionality once in force, and the European Semester; is of the opinion that the Annual Monitoring Cycle can fulfil the objectives of the CVM for Bulgaria and Romania, thus contributing to equal treatment of all Member States; considers that the three institutions should use the findings from the Annual Monitoring Cycle in their assessment for the purposes of triggering Article 7 TEU and Regulation (EU) 2020/xxxx of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States11 ; _________________ 11[instead of xxxx insert final number of 2018/136(COD) in the text and correct OJ reference in footnote] OJ C ..., ....., p. ....
Amendment 188 #
2020/2072(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. recalls the indispensable role played by civil society, national human rights institutions, human rights defenders, associations which are responsible for the support of the judiciary in the independent delivery of justice and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating and contributing to monitor implementation; points out that the accreditation status of national human rights institutions and theexistence, and, where they do exist, the formal and functional independence of national human rights institutions, as also reflected in their accreditation status, and the enabling space for civil society may themselves serve as indicators for assessment purposes; considers that national parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle;
Amendment 201 #
2020/2072(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. reaffirms the role of Parliament, in accordance with Article 7 TEU, in monitoring compliance with Union values; reiterates the call for Parliament to be present in Article 7 hearings when it is Parliament that initiated the procedurein accordance with the principle of mutual sincere cooperation as enshrined in Article 13(2) TEU; believes that the Mechanism, underpinned by an interinstitutional agreement, will provide the necessary framework for better coordination;
Amendment 214 #
2020/2072(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. strongly believes that addressing the crisibreaches of Union values, including through the proposed Mechanism, is a precondition for re-establishing mutual trust among Member States, thus enabling the Union as a whole to sustain and further all common policies;
Amendment 217 #
2020/2072(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. believes that it should be possible for candidate countries to be monitored by the Mechanism on a voluntary basis;
Amendment 230 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 5
Annex I – paragraph 4 – point 5
(5) The three institutions agree that an Annual Monitoring Cycle on Union Values is necessary to reinforce the promotion and respect for Union values. The Annual Monitoring Cycle should be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States. The primary objective of the Annual Monitoring Cycle should be to prevent violations of and non- compliance with Union values and to identify positive actions by Member States and national actors including civil society and national human rights institutions to be promoted and supported by the Union, while providing a shared basis for other actions by the three institutions. The three institutions also agree to use this Interinstitutional Agreement to integrate existing instruments and initiatives relating to the promotion of and respect for Union values, in particular the Annual Rule of Law Report, the Council’s Annual Rule of Law Dialogue and the Commission’s Rule of Law Framework, in order to avoid duplication and strengthen overall effectiveness.
Amendment 234 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 6
Annex I – paragraph 4 – point 6
(6) The Annual Monitoring Cycle should consist of a preparatory stage, the publication of an annual monitoring report on compliance with all Union values including country-specific recommendations, and a follow-up stage with an implementation and enforcement plan of the recommendations. The Annual Monitoring Cycle should be conducted in a spirit of transparency and openness.
Amendment 247 #
2020/2072(INL)
Motion for a resolution
Annex I – part 1 – point 1
Annex I – part 1 – point 1
1. The three institutions hereby agree to coordinate and cooperate with the aim of promoting and strengthening respect forpromote, strengthen and enforce respect for the founding Union values, in accordance with Article 2 TEU, by coordination and cooperation.
Amendment 250 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 2
Annex I – part 2 – point 2
2. The three institutions agree to organise in sincere and mutual cooperation an Annual Monitoring Cycle on Union Values, covering issues and best practices in all areas of Union values. The Monitoring Cycle shall consist of a preparatory stage, the publication of an annual monitoring report on Union values (‘Annual Report’) including country specific reports and recommendations, and a follow- up stage.
Amendment 255 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 3 – introductory part
Annex I – part 2 – point 3 – introductory part
3. The three institutions agree to establish a permanent Interinstitutional Working Group on Union Values (‘Working Group’). The Working Group shall facilitate coordination and cooperation among the three institutions in all stages of the Annual Monitoring Cycle. The Working Group shall invite the European Union Agency for Fundamental Rights to participate in its meetings. The Working Group shall also directly consult independent experts on a regular basis, civil society organisations and human rights defenders on a regular basis. The Working Group shall regularly make the reports on its work publicly available.
Amendment 257 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 3 a (new)
Annex I – part 2 – point 3 a (new)
3a. The Working Group shall upon nomination of the European Parliament and the Council appoint a Panel of Independent Experts as an additional independent instrument in the context of the identification of breaches and best practices for implementation of the Union values enshrined in Art. 2 TUE. The Panel of Independent Experts shall submit its findings in a timely manner to both the Working Group and the Commission.
Amendment 259 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 4
Annex I – part 2 – point 4
4. On an annual basis, the Commission shall organise a targeted stakeholder consultation to collect information for the Annual Report. The stakeholder consultation shall take place in the first quarter of each year. The consultation shall be transparent and based on a clear and rigorous methodology agreed by the Working Group, following a comprehensive and transparent consultation with stakeholders and independent experts. The methodology shall, in any event, encompass in an appropriate form the benchmarks listed in the Annexes to Commission Decisions 2006/928/EC and 2006/929/EC.
Amendment 264 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 5
Annex I – part 2 – point 5
5. The stakeholder consultation shall give an opportunity to civil society organisations, professional associations and networks, Council of Europe bodies, Union institutions, bodies, offices and agencies and the Member States, including national parliaments and local authorities, civil society organisations, professional associations and networks, Council of Europe bodies and United Nations bodies to contribute to the Annual Report. The Commission shall incorporate the information provided by stakeholders in the Annual Report. The Commission shall publish relevant contributions to the consultation on its website prior to the publication of the Annual Report, subject to the contributors' consent.
Amendment 274 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 7
Annex I – part 2 – point 7
7. Designated representatives of any of the three institutions shall have the possibility to conduct a limited number of fact-finding visits to the Member States for the purpose of obtaining additional information and clarification about the state of Union values in the Member States concerned. The Commission shall incorporate the findings in the Annual Report.
Amendment 280 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 9
Annex I – part 2 – point 9
9. The Commission shall draft the Annual Report based on information gathered during the preparatory stage. The Commission shall issue a reasoned opinion if it decides not to fully incorporate the findings by the Panel of Experts into the Annual Report. The Annual Report should cover both positive and negative developments relating to Union values inenshrined in Article 2 TEU in each of the Member States. The Annual Report shall be impartial, based on objectively compiled evidence and respect equality of treatment between all Member States. The depth of reporting should reflect the gravity of the situation in question.
Amendment 290 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 10
Annex I – part 2 – point 10
10. The Annual Report shall contain recommendations specific to each of the Member States with the aim of strengthening the promotion and protection of Union values. The recommendations shall specify concrete targets and timeframes for implementation. The recommendations shall take account of the diversity of Member States’ political and legal systems. Implementation of the recommendations shall be assessed in subsequent Annual Reports or urgent reports, as appropriate.
Amendment 293 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 12
Annex I – part 2 – point 12
12. No later than two months from its publication date, the European Parliament and the Council shall discuss the content of the Annual Report. The discussions shall be made public. The Parliament and the Council shall adopt positions on the Annual Report by means of resolutions and conclusions. As part of the follow-up, the European Parliament and the Council shall assess and reflect on the extent to which previous recommendations have been implemented by the Member States. The three institutions shall make use of their respective powers under the Treaties with a view to contributing to an effective follow-up. The three institutions shall endeavour to promote debate on the Annual Report in the Member States, in particular in national parliaments.
Amendment 300 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 13
Annex I – part 2 – point 13
13. On the basis of the findings of the Annual Report, the Commission may, either on its own initiative or upon request by the European Parliament or the Council, enter into a dialogue with one or several Member States, including national parliaments and local authorities, with the aim of facilitating implementation of the recommendations. The Commission shall regularly report on the progress of the dialogue to the European Parliament and the Council. The Commission may, at any time, provide technical assistance to the Member States through different activities. The European Parliament shall organise, in cooperation with national parliaments, an interparliamentary debate on the findings of the Annual Report.
Amendment 302 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 13 a (new)
Annex I – part 2 – point 13 a (new)
13a. The three institutions should consider the findings of the Annual Report when establishing funding priorities. In particular, the Commission shall include targeted support for national actors contributing to the promotion and protection of Union values, such as civil society organisations, when establishing relevant annual work programmes for the disbursement of Union funds under both shared or direct management.
Amendment 305 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 14 – introductory part
Annex I – part 2 – point 14 – introductory part
14. Without prejudice to the powers of the Commission under Article 258 TFEU and the right of the European Parliament and the Commission and one third of the Member States to submit to the Council a reasoned proposal in accordance with Article 7(1) TEU, the three institutions agree that the Annual Reports should guide their actions concerning Union values.
Amendment 311 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 15
Annex I – part 2 – point 15
15. Where the situation in one or several Member States portends imminent and serious damage to Union values, the European Parliament or the Council may exceptionallyCommission shall either upon its own initiative or at the request of the Commission toEuropean Parliament or the Council draft an urgent report on the situation. The Commission shall prepare the report in consultation with the Working Group. The Commission shall make the urgent report public no later than two months following a request by the European Parliament or the Council. The findings of the urgent report should be incorporated in the next Annual Report. The urgent report may specify recommendations aimed at addressing the imminent threat to Union values.
Amendment 318 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 17
Annex I – part 3 – point 17
17. Where the Annual Report identifies systemic deficiencies with respect to one or several Union values, the three institutions commit to take appropriate action, without delay, within their respective powers as conferred on them by the Treaties. The three institutions mayshall consider, inter alia, whether Union policies requiring a high level of mutual trust can be sustained in light of systemic deficiencies identified in the Annual Report.
Amendment 320 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 19
Annex I – part 3 – point 19
19. The three institutions agree to use the findings of the Annual Report in their assessment of whether there is a clear risk of a serious breach or existence of a serious and persistent breach by a Member State of Union values under Article 7 TEU. If the Annual Report identifies a risk of a serious breach or a serious breach of Union values in a Member State, the Commission shall activate the instruments at its disposal, including financial measures, to enforce respect for the values enshrined in Article 2 TEU. The European Parliament and Council shall hold a debate about the situation in the Member State and justify in a reasoned opinion, whether or not to activate the instruments at their disposal to enforce respect for the values enshrined in Article 2 TEU.
Amendment 326 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 20 – introductory part
Annex I – part 3 – point 20 – introductory part
20. In order to strengthen the transparency and efficiency of the procedure laid down in Article 7 TEU, the three institutions agree to ensure that theall institution initiating a proposal under Article 7(1) TEU iss are able to participate in the hearings under Article 7(1) TEU where that proposal is presented and isare consulted at all stages during the procedure. The three institutions agree to consult each other regularly in the Working Group regarding existing and potential procedures launched under Article 7 TEU.
Amendment 333 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 21
Annex I – part 3 – point 21
21. The three institutions agree to use the findings of the Annual Report in their assessment of whether there are generalised deficiencies as regards the rule of law in the Member States, in accordance with Article 5 of Regulation (EU) 2020/xxxx. If the Annual Report identifies a risk of a or a serious breach of Union values in a Member State, the Commission shall send a written notification to that Member State, in accordance with Article 5 of Regulation (EU) 2020/xxxx.
Amendment 337 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 21 a (new)
Annex I – part 3 – point 21 a (new)
21a. The Parliament and the Council may request the Commission to develop and publish specific guidelines and indicators to address relevant horizontal issues that emerge from the Annual Monitoring Cycle.
Amendment 6 #
2020/2042(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas according to the IPCC, climate change poses disproportionate and asymmetric risks to human and natural systems due to differences in vulnerability and exposure;
Amendment 8 #
2020/2042(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Amendment 11 #
2020/2042(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas according to the World Health Organization, as of the year 2030, climate change is expected to contribute to approximately 250 000 additional deaths per year, from malnutrition, malaria, diarrhoea and heat stress;
Amendment 14 #
2020/2042(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas according to the OECD, development co-operation has a critical role to play in supporting developing countries as they shift to low-emissions and climate-resilient development pathways;
Amendment 15 #
2020/2042(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
Ae. whereas the European Parliament in its resolution of 16 January 2018 on women, gender equality and climate justice (2017/2086(INI)) acknowledges that women are particularly vulnerable to climate change and experience its effects disproportionately because of their social roles;
Amendment 30 #
2020/2042(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas climate change is affecting enjoyment of basic human rights;
Amendment 39 #
2020/2042(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on all EU Member States to rapidly scale up climate finance, prioritising grants-based finance, in particular for LDCs and SIDS, and to consider an increased financial support during the 2020- 2025 period that is commensurate with the socio-economic challenges posed by the COVID-19 pandemic;
Amendment 66 #
2020/2042(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Expresses concern at how international climatearbon market mechanisms can have negative implications; calls on the EU and Member States to advocate a ‘do no harm’ principle for all such mechanisms;
Amendment 76 #
2020/2042(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that insufficient adaptation capacities leadcould result inter alia in armed conflicts, food shortages, and natural catastrophes, and consequently lead also to climate-induced displacement; calls for the WIM Taskforce on Displacement to step up its activities;
Amendment 101 #
2020/2042(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls for greater international support for indigenous land rights, which would contribute to limiting global warming. while at the same time ensuring their livelihoods;
Amendment 108 #
2020/2042(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Reiterates the acknowledgment of different impacts of climate change for women and men and therefore the promotion of measures improving the position of women in combating climate change at societal and governmental (decision-making) level;
Amendment 112 #
2020/2042(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the ruling of the UN Human Rights Committee of 20 January 2020, which statesing that countries may not deport individuals facingwho face climate change- induced conditions that violate the right to life, thus evoking non-refoulement obligations and declaring that inaction in the face of global warming can lead to violations of human rights; calls on the Member States to consider the risk of violations of the right to life due to climate change as part of their return decisions, notably triggering non- refoulement obligations;
Amendment 113 #
2020/2042(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Reiterates the necessity of strengthening the incorporation of climate mitigation and adaptation approaches and mainstream those into wider official development assistance policies and programs;
Amendment 115 #
2020/2042(INI)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
Amendment 126 #
2020/2042(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights that women and minors are most vulnerable populations in the face of disasters and climate change;
Amendment 128 #
2020/2042(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Urges the Commission to mainstream gender equality and climate justice in the elaboration and implementation of all policies that have impact on the situation of women and girls;
Amendment 129 #
2020/2042(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Reminds the Commission to ensure coherent implementation of international existing and future instruments, in particular the Paris Agreement and Agenda 2030 for Sustainable Development to take into account the internal and external impact of the EU;
Amendment 130 #
2020/2042(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Underlines that the European Union´s global engagement - both in terms of climate policy and migration displacement policy - has significantly expanded and is set to become yet more important in the context of geopolitical shifts;
Amendment 131 #
2020/2042(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Highlights that environmental change and migration is addressed in its civil protection, humanitarian aid and development policies; stresses, however, that in the context of policies on international protection, no concrete initiatives to date have addressed the protection needs of people affected by environmental change, and specifically environmental - and other - disasters, as according to the prevailing interpretation of the 1951 Refugee Convention, displacement based on environmental reasons alone does not meet the requirement for refugee protection; notes that, within the EU, complementary forms of protection deriving from the Qualification Directive and the Temporary Protection Directive, as well as protection from non-refoulement under the Return Directive, could provide protection alternatives; deplores, however, that all of those instruments reveal deficiencies in the protection of environmentally displaced persons.
Amendment 4 #
2020/2035(INL)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to the Commission communication of 12 November 2020 entitled ‘LGBTIQ Equality Strategy (2020-2025)’,
Amendment 5 #
2020/2035(INL)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Commission’s Code of Conduct on Countering Illegal Hate Speech Online, launched in May 2016 and to its fifth evaluation round, resulting in the document ‘Factsheet – 5th monitoring round of the Code of Conduct’,
Amendment 6 #
2020/2035(INL)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Commission communication of 12 November 2020 entitled ‘LGBTIQ Equality Strategy (2020-2025)’,
Amendment 10 #
2020/2035(INL)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to its resolution of 10 June 2021 on promoting equality in science, technology, engineering and mathematics (STEM) education and careers,
Amendment 18 #
2020/2035(INL)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to its resolution of 11 March 2021 on the declaration of the EU as an LGBTIQ Freedom Zone 1a, _________________ 1a P9_TA(2021)0089
Amendment 19 #
2020/2035(INL)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to its resolution of 11 March 2021 on the declaration of the EU as an LGBTIQ Freedom Zone,1a _________________ 1a Texts adopted, P9_TA(2021)0089
Amendment 20 #
2020/2035(INL)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
— having read to its resolution of 12 September 2017 on the proposal for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence,
Amendment 36 #
2020/2035(INL)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the UN reports of Special Rapporteurs on violence against women, in particular the report of 18 June 2018 on online violence against women (A/HRC/38/47), the report of 6 May 2020 on combating violence against women journalists (A/HRC/44/52) and the report of 24 July 2020 on Intersection between the coronavirus disease (COVID- 19) pandemic and the pandemic of gender-based violence against women, with a focus on domestic violence and the “peace in the home” initiative (A/75/144),
Amendment 38 #
2020/2035(INL)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
Amendment 59 #
2020/2035(INL)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard to the Fundamental Rights Agency’s ‘EU LGBTI Survey II: A long way to go for LGBTI equality',1a _________________ 1a https://fra.europa.eu/sites/default/files/fra _uploads/fra-2020-lgbti-equality-1_en.pdf
Amendment 63 #
2020/2035(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the first objective of the Union’s Gender Equality Strategy 2020- 2025 focuses on ending gender-based violence and describes it as ‘one of our societies’ biggest challenges’; whereas the Union’s LGBTIQ Equality Strategy recalls that everyone has a right to safety, be it at home, in public or online;
Amendment 71 #
2020/2035(INL)
Motion for a resolution
Recital B
Recital B
B. whereas violence against women and other forms of gender-based violence are widespread in the Union and are to be understood as an extreme form of discrimination; whereas gender-based violence is rooted in the unequal distribution of power between women and men, in sexism and gender norms and stereotypes, which have led to domination over and discrimination against women by menand girls in all their diversity by men; whereas gender-based violence also occurs due to perceived deviation from gender norms;
Amendment 76 #
2020/2035(INL)
Motion for a resolution
Recital B
Recital B
B. whereas violence against women and other forms of gender-based violence are widespread in the Union and are to be understood as an extreme form of discrimination; whereas gender-based violence is rooted in patriarchal structures, the unequal distribution of power between women and men, in sexism and gender stereotypes, which have led to domination over and discrimination against women and LGBTI people by men;
Amendment 85 #
2020/2035(INL)
Motion for a resolution
Recital C
Recital C
C. whereas violence against women and LGBTI persons and gender-based violence present different but not mutually exclusive forms and manifestations; whereas those different forms of violence are often interlinked with, and inseparable from, offline violence because they can precede, accompany or continue them;
Amendment 86 #
2020/2035(INL)
Motion for a resolution
Recital C
Recital C
C. whereas violence against women and girls and gender-based violence present different but not mutually exclusive forms and manifestations; whereas those different forms of violence are often interlinked and inseparable from offline violence because they can precede, accompany or continue them;
Amendment 92 #
2020/2035(INL)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas gender-based violence has increased during the COVID-19 pandemic; whereas the greater use of the internet during the COVID-19 pandemic increases online and ICT-facilitated gender-based violence;
Amendment 100 #
2020/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas among the most common types of gender-based cyberviolence are cyber harassment, cyber stalking, cyber bullyincluding the accessing, trollaking, online hate speech, flaming, doxxing and image- based sexual abuse are among the most common types of gender-based cyberviolencesharing as well as the creation and manipulation of data or images, including intimate data, without consent, and hate speech online, coercive control by digital surveillance and control of the communications via stalkerware and spyware apps; whereas some Member States have adopted specific legislations on some of thoese particularspecific forms only;
Amendment 103 #
2020/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas cyber harassment, cyber stalking, cyber bullying, trolling, online hate speech, flaming, doxxing, dead- naming and image- based sexual abuse are among the most common types of gender- based cyberviolence; whereas some Member States have adopted specific legislation on some of those particular forms only;
Amendment 108 #
2020/2035(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas hate speech against LGBTI persons is pervasively common, in particular online, and legislation is notably absent from some Member States’ legislative framework to prevent, address and sanction such forms of online abuse; whereas, at present, 15 Member States do not include gender identity in hate speech legislation; whereas the Commission has proposed to extend the list of ‘EU crimes’ under Article 83(1) TFEU to cover hate crime and hate speech, including when targeted at LGBTIQ people;
Amendment 119 #
2020/2035(INL)
Motion for a resolution
Recital E
Recital E
E. whereas, despite a growing awareness of the phenomenon there is a lack of comprehensive and comparable disaggregated data on all forms of gender- based cyberviolence, the lack of collection of exhaustive and recent data and the underreporting of case; whereas despite a growing awareness of this phenomenon, the lack of comprehensive and comparable disaggregated data collection on all forms of gender-based cyberviolence prevents an accurate assessment of its prevalence; whereas the European added value assessment onlack of comparable data is also the result of a lack of harmonisation in the definitions linked to gender-based cyberviolence estimates that between 4 and 7% of women in the Union have experienced cyber harassment during the past 12 months, while between 1 and 3% have experienced cyber stalking; whereas comprehensive and comparable disaggregated data is essential to document all forms of gender-based violence and its root causes;
Amendment 124 #
2020/2035(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas gender-based violence continues to be underreported in the EU; whereas by equipping police officers with the soft skills to carefully listen, understand and respect all victims of all forms of gender-based violence they can help to address underreporting, re- victimisation and create a safer environment for survivors of gender- based violence; whereas ensuring accessible reporting procedures and mechanisms, as well as remedies, is indispensable to promote a safer environment for all survivors of gender- based violence;
Amendment 127 #
2020/2035(INL)
Motion for a resolution
Recital E b (new)
Recital E b (new)
E b. whereas the EAVA on gender- based cyberviolence estimates that 4 to 7% of women in the EU have experienced cyber harassment during the past 12 months, while between 1 and 3%have experienced cyber stalking; whereas the World Wide Web Foundation survey conducted in 2020 among respondents from 180 countries revealed that 52 % of young women and girls have experienced online abuse such as sharing of private images, videos or messages without their consent, mean and humiliating messages, abusive and threatening language, sexual harassment and false content, and 64 % of respondents stated they know someone who have experienced it; whereas according to this survey, women are more skeptical with regard to tech companies using their data responsibly;
Amendment 130 #
2020/2035(INL)
Motion for a resolution
Recital F
Recital F
F. whereas women in all their diversity can be targeted by cyberviolence either individually or as members of a specific community; whereas intersectional forms of discriminationtargeting of LGBTI persons is often on the grounds of their gender identity, gender expression or sex characteristics; whereas intersectional forms of discrimination increase the exposure to violence for women belonging to ethnic minorities, with disabilities, as well as lesbian, bisexual, transgender and intersex women, and can exacerbate the consequences of gender- based cyberviolence;
Amendment 134 #
2020/2035(INL)
Motion for a resolution
Recital F
Recital F
F. whereas women can be targeted by cyberviolence either individually or as members of a specific community; whereas intersectional forms of discriminatiointersectional forms of discrimination can exacerbate the consequences of gender-based cyberviolence; whereas women and girls belonging to ethnic or religious communities, racialized women and girls, women can exacerbate the consequences of gender-based cyberviolenced girls with disabilities, LGBTI people or teenagers, are bigger targets to online attacks;
Amendment 143 #
2020/2035(INL)
Motion for a resolution
Recital G
Recital G
G. whereas some women, such as politicians, women in public positions, journalists, activists, artists, bloggers and human rights defenders, are particularly impacted by gender-based cyberviolence, and whereas this is causing not only psychological harm and suffering to them but also deterring them from participating digitally in political, social and cultural life;
Amendment 144 #
2020/2035(INL)
Motion for a resolution
Recital G
Recital G
G. whereas some women and LGBTI persons, such as politicians, women in public positions, journalists, bloggers and human rights defenders, are particularly impacted by gender-based cyberviolence, and whereas this is causing not only psychological harm and suffering to them but also deterring them from participating digitally in political, social and cultural life;
Amendment 148 #
2020/2035(INL)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas gender-based cyberviolence often led to self-censorship and this situation can have a detrimental impact on the professional lives and reputations of survivors of gender-based cyberviolence, particularly of women journalists, politicians, activist, artists, bloggers and human rights defenders; whereas the violent and gendered nature of the threats makes that they often resort to the use of pseudonyms, maintain low online profiles, decide to suspend, deactivate or permanently delete their online accounts, or even to leave their profession entirely;
Amendment 153 #
2020/2035(INL)
Motion for a resolution
Recital H
Recital H
H. whereas gender-based cyberviolence impacts on mental and physical health, on the full exercise of fundamental rights and even on democracy, and has consequences on society, including an economic impact;
Amendment 181 #
2020/2035(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Union’s Gender Equality Strategy 2020-2025 put forward by the Commission as a tool to combat violence against women in all their diversity and gender-based violence and to tackle the root causes of it;
Amendment 185 #
2020/2035(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights that systemic and social discrimination, including gender, racial and economic discrimination, are reproduced and magnified online; recalls that these discriminations intersect, resulting in more extreme consequences for migrant women, women from ethnic or religious communities and racialized groups, women with functional diversity, LGBTI people and teenagers; recalls that structural discrimination, patriarchal structures and the unequal distribution of power are some of the main root causes of gender-based violence; underlines the urgency to tackle the root causes of gender-based violence and calls on the Commission to take this approach into account in its future proposal;
Amendment 186 #
2020/2035(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the Commission’s commitments under the LGBTIQ Equality Strategy 2020-2025 concerning hate speech online, and the proposal to extend the list of ‘EU crimes’ under Article 83(1) TFEU to cover hate crime and hate speech, including when targeted at LGBTIQ people;
Amendment 190 #
2020/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the COVID-19 pandemic has increased the risk of domestic violence and abuse because victims are forced to spend more time with perpetrators and they tend to be more isolated from support networks; highlights that many LGBTI persons were forced to be confined with family members, legal guardians or co-habitants who harassed, abused or exposed them to violence; calls on Member States to increase the assistance they offer through specialised shelters, helplines and support services to protect victims and facilitate the reporting of gender-based violence;
Amendment 192 #
2020/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the COVID-19 pandemic has increased the risk of domestic violence and abuse, which can be physical, sexual, psychological or economic, because victims are forced to spend more time with perpetrators and they tend to be more isolated from support networks; calls onurges Member States to increase the assistance they offer through shelters, helplines and support services to protect victims and facilitate the reporting of gender-based violence;
Amendment 204 #
2020/2035(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the transnational nature of gender-based cyberviolence,all human rights violations, including gender-based cyberviolence; stresses that gender-based cyberviolence has additional transnational implications considering the cross-border dimension of the use of ICT;
Amendment 212 #
2020/2035(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to promote awareness -raising, to implement national criminal justice laws and specific policies and programmes to prevent gender-based cyberviolence and to fight against impunity for those who commit such acts; adequate national legislation, including criminal justice legislation, as well as specific policies and programmes to prevent gender-based cyberviolence such as educational programmes to address the root causes of gender-based violence in order to remove gender stereotypes and change social and cultural attitudes and programmes on digital education, literacy and skills, as well as policies and programmes to support and ensure reparation for the victims, including measures and education/trainings for justice officials and police forces for a better care of the victims of gender-based cyberviolence who decide to file complaints and face many obstacles when they want to do so, and to fight against impunity for those who commit such acts, including by revising and amending the current national provisions related to restraining orders that do not include breaching restraining orders through cyberviolence;
Amendment 223 #
2020/2035(INL)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights that the failure to address the lack of trust and confidence in the law enforcement authorities by survivors of gender-based violence is an important contributor for underreporting; calls on the Member States to invest in training and capacity building of police officers to equip them with the soft skills to carefully listen, understand and respect all survivors of gender-based violence to address underreporting, re-victimisation and create a safer environment for survivors; recalls the need to ensure accessible and safe reporting procedures and mechanisms, as well as remedies for survivors of gender-based violence; urges the Commission and the Member States to step up efforts in this direction;
Amendment 235 #
2020/2035(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission and the Member States to establish a reliable system for regularly collecting statistical disaggregated and comparable data on gender-based violence, including cyberviolence; recalls that comprehensive disaggregated and comparable data would help to measure the scale of the phenomenon and to find solutions; calls on the Member States to collect and provide the relevant data when requested, including to Eurostat; welcomes the Commission’s commitment to carry out a EU survey on gender-based violence with the results to be presented in 2023;
Amendment 248 #
2020/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that inter alia stress, concentration problems, anxiety, panic attacks, low self-esteem, depression, post- traumatic stress disorder, lack of trust and lack of sense of control, caused by cyberviolence, can have an impact on mental health and may lead to self-harm and suicidal ideation;
Amendment 249 #
2020/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that inter alia stress, concentration problems, anxiety, panic attacks, low self-esteem, depression, post- traumatic stress disorder, lack of trust and lack of sense of control, and fear or even suicidal thoughts, caused by cyberviolence, can have an impact on mental health;
Amendment 252 #
2020/2035(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that gender-based cyberviolence generates psychological, social and economic consequencesimpacts; notes that gender-based cyberviolence affects women and girls in different ways as a consequence of overlapping forms of discrimination based, on top of their gender, on their sexual orientation, race, religion or disability, among other, and recalls that an intersectional approach is crucial to understanding these specific forms of discrimination;
Amendment 260 #
2020/2035(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States to give particular attention to women and girls belonging to groups put in a vulnerable situation as regards gender-based cyberviolence and to develop specific free of charge support services and educational programmes, including emergency and long-term support, such as psychological, medical, legal, practical and socio-economic support, and programmes, particularly on digital education, literacy and skills, dedicated to those specific groups;
Amendment 267 #
2020/2035(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Is concerned that most perpetrators of gender-based violence are men; underlines the essential role of education to promote and address the equal status and power relation between men and women, boys and girls, as well as to eliminate gender stereotypes, biases and patriarchal gender norms; is further concerned that men’s violence against women often starts with boy’s violence against girl’s, and considers that measures to address this phenomenon must start at an early age;
Amendment 269 #
2020/2035(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Deplores the fact that gender-based cyberviolence reduces the participation of women in publicand LGBTI people from public life and debate which, as a consequence, erodegrades theour democratic principles of the Unioncy and prevents women and LGBTI people to fully enjoy their fundamental rights and freedoms; further deplores that gender-based cyberviolence also leds to self-censorship; regrets that thatis ‘silencing effect’ has been particularly aimed at targeting women activists, journalists and, politicians, human rights defenders, artists and bloggers, with the intention of discouraging the presence of women in the political life and decision- making spheres; is concerned that the chilling effect caused by gender-based cyberviolence is often spilled over into reality offline;
Amendment 281 #
2020/2035(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recallgrets the fact that the gender gap exists across all digital technology domains, including new technologies such as AI, but is especially concerned about the gender gap in the field of technological innovation and research; reminds that gender stereotypes are at the core of gender discrimination and are one of the main barriers to the entry of women and girls’ entry into the ICT and digital fields; stresses the need to tackle the gender gap in the ICT sector through education,urges the Commission and the Member States to tackle the gender gap particularly in sectors such as the ICT and STEM, notably through facilitating the access of women and girls to education and academia in these sectors, and promoting awareness- raising campaigns and the promotion of the representation of women in these sectors, in particular in decision-making positions;
Amendment 285 #
2020/2035(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that gender norms and stereotypes are at the core of gender discrimination and are one of the main barriers to the entry of women and girls in the ICT and digital fields; stresses the need to tackle the gender gap in the ICT sector through education, awareness-raising campaigns and the promotion of the representation of women in the sector;
Amendment 289 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Recalls that the labelling of LGBTI persons as an ‘ideology’ is spreading in online and offline communication and the same is true with regard to ongoing campaigning against so-called ‘gender ideology’ or in favour of ‘anti-gender movements’; highlights that LGBTI activists are often the targets of defamation campaigns, online hate speech and cyberbullying and abuse due to their advocacy work for LGBTI equality;
Amendment 291 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Points out that discourses around information and communication technology, participation, access rights and safety in technology and online are often not informed by a narrative of gender-based violence despite its prevalence;
Amendment 292 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Takes note of the Code of Conduct on Countering Illegal Hate Speech Online, promoted by the Commission, and of its fifth evaluation round, which found that most of the IT companies should improve their feedback to users’ notifications; recalls that civil society organisations should be included in evaluations and reviews of the Code of Conduct; highlights that the IT companies participating in the Code of Conduct only review requests for removal against their terms and conditions and community guidelines; acknowledges that while IT companies could have a supporting role, a wide margin of discretion to determine what violates their terms and conditions has been left to them;
Amendment 297 #
2020/2035(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the need to protect, empower, support and ensure reparation for victims of gender-based cyberviolence; calls on the Member States to ensure quality training for practitioners and other professionals, including for social services staff, law enforcement officers and justice officials, in cooperation with civil society organizations, to increase the resources to support victims of gender- based cyberviolence and to establish a clear protocol to aid victims of gender- based cyberviolence, as well as to avoid re-victimization; further calls on the Member States to ensure that the training for all practitioners includes a gender- responsive approach;
Amendment 345 #
2020/2035(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Requests that the Commission submit, without undue delay, on the basis of Article 83(1), first subparagraph, TFEU, a proposal for an act establishingthat includes measures to combat gender-based cyberviolence following, the recommendations set out in the Annex hereto; indicates that that proposal should not undermine the efforts to identify gender-based violence as a new area of particularly serious crime with a cross- border dimension pursuant to Article 83(1), third subparagraph, TFEU or any derivative legal acts onand a holistic directive to prevent and combat gender- based violence, both online and offline, as requested by Parliament in its previous calls;
Amendment 347 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 1 – paragraph 1
Annex I – Recommendation 1 – paragraph 1
The objective of the directive should be to establishis proposal is to include in the upcoming directive on combating gender-based violence minimum rules concerning the definition of the crime of gender-based cyberviolence and related sanctions, to establish measures to promote and support the action of Member States in the field of prevention of that crime and measures to protect, support and ensure reparation for the victims.
Amendment 349 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – subheading -1 (new)
Annex I – Recommendation 2 – subheading -1 (new)
Gender-based cyberviolence is a form of gender-based violence and is defined as any act of gender-based violence that is committed, assisted or aggravated in part or fully by the use of ICT, such as mobile phones and smartphones, the Internet, social media platforms or email, against a woman because she is a woman or affects women disproportionately, or against LGBTI people because of their gender identity, gender expression or sex characteristics, and results in, or is likely to result in physical, sexual, psychological or economic harm, including threats to carry out such acts, coercion or arbitrary deprivation of liberty, in public or private life;
Amendment 350 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 2
Annex I – Recommendation 2 – paragraph 2
Aside from that, measures that aim to prevent gender-based cyberviolence and to assisprotect and support victims could be established on the basis of Article 83(1) TFEU because they are accessory to the main objective of the directive.
Amendment 351 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 3
Annex I – Recommendation 2 – paragraph 3
The scope should cover any form of gender-based violence committed, assisted or aggravated in part or fully by the use of ICT, such as mobile phones and smartphones, the internet, social media platforms or email, against a woman because she is a woman, or affects women disproportionately. The scope should encompass gender-based violence against LGBTIQ persons, who are targeted because of their gender, gender identity, gender expression or sex characteristics.
Amendment 352 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 3
Annex I – Recommendation 2 – paragraph 3
The scope should cover any form of gender-based violence committed, assisted or aggravated in part or fully by the use of ICT, such as mobile phones and smartphones, the internet, social media platforms or email, against a woman because she is a woman, or affects women disproportionately or against LGBTI people on the grounds of gender identity, gender expression or sex characteristics.
Amendment 355 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – introductory part
Annex I – Recommendation 2 – paragraph 4 – introductory part
Although it is not possible to present an exhaustive typology of the different forms of gender-based cyberviolence that affect women and LGBTI people on the grounds of gender identity, gender expression or sex characteristics, because it is constantly evolving and new forms are emerging, the following types should be mentioned and defined:
Amendment 357 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 3
Annex I – Recommendation 2 – paragraph 4 – indent 3
- ICT-related violations of privacy (including the accessing, sharing, creation and manipulation of private data or images, including intimate data without consent,specifically including image-based sexual abuse and, which refers to the non- consensual disclosure ofcreation and/or distribution of private sexual images, doxxing, and identity theft);
Amendment 358 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 3
Annex I – Recommendation 2 – paragraph 4 – indent 3
- ICT-related violations of privacy (including the accessing, sharing and manipulation of private data or images, including intimate data without consent, image-based sexual abuse and non- consensual disclosure of sexual images, doxxing, dead-naming, identity theft);
Amendment 360 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 3 a (new)
Annex I – Recommendation 2 – paragraph 4 – indent 3 a (new)
- Recording and sharing images of rapes or other forms of sexual assault,
Amendment 362 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 5
Annex I – Recommendation 2 – paragraph 4 – indent 5
- threats (including direct threats and, threats of violenceand calls to violence, such as rape threats, extortion, sextortion, blackmail);
Amendment 363 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 6
Annex I – Recommendation 2 – paragraph 4 – indent 6
- sexist, transphobic or interphobic hate speech (including: posting and sharing violent content, use of sexist or gendered comments and insults, abusing women for expressing their own views and for turning away sexual advances, inciting to hatred against individuals on grounds of their gender identity, expression or sex characteristics);
Amendment 365 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 6
Annex I – Recommendation 2 – paragraph 4 – indent 6
- sexist hHate speech (including: posting and sharing violent content, use of sexist or gendered comments and insults, abusingcontent inciting to violence or hatred directed against women for expressing their own views and for turning away sexual advanceLGBTI people on the grounds of their gender identity, gender expression or sex characteristics);
Amendment 368 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 11
Annex I – Recommendation 2 – paragraph 4 – indent 11
Amendment 372 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 5
Annex I – Recommendation 2 – paragraph 5
The personal scope of the proposal should cover all victims of gender-based cyberviolence, with a specific recognition of intersectional forms of discrimination and victims participating in public life., which include the following: - Women and girls in all their diversity - LGBTI people on the grounds of gender identity, gender expression or sex characteristics,
Amendment 373 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – introductory part
Annex I – Recommendation 3 – paragraph 1 – introductory part
Member States should implement a series of measures in order to prevent gender- based cyberviolence, having an intersectional approach:
Amendment 375 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 1
Annex I – Recommendation 3 – paragraph 1 – indent 1
- awareness-raising and educational programmes involving all relevant actors and stakeholders to address the root causes of gender-based cyberviolence, within the general context of gender-based violence in order to bring about changes in social and cultural attitudes and remove gender stereotypes, while promoting responsible behaviour in the online space, with special regard ton social media platforms, and increasing literacy about the safe use of the internet;
Amendment 376 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 1
Annex I – Recommendation 3 – paragraph 1 – indent 1
- awareness-raising and educational programmes involving all relevant actors and stakeholders to address the root causes of gender-based cyberviolence, within the general context of gender-based violence in order to bring about changes in social and cultural attitudes and remove gender norms and stereotypes, while promoting responsible behaviour on social media and increasing literacy about the safe use of the internet;
Amendment 377 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 2
Annex I – Recommendation 3 – paragraph 1 – indent 2
- research on gender-based cyberviolence (including causes, prevalence, impact);, victims, perpetrators, manifestations, channels and need for support services), including studies and adjustment of crime statistics of gender based cyberviolence to derive legislative and non-legislative needs. Research on gender-based cyberviolence should include data collection that is disaggregated, intersectional in perspective and holistic in scope
Amendment 381 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3
Annex I – Recommendation 3 – paragraph 1 – indent 3
- Mainstream digital education, literacy and skills, including in the school curricula, in order to promote an enhanced understanding of digital technologies and the empowerment of users, to improve digital inclusion, to ensure the respect for fundamental rights, to eliminate any gender inequality in access to technologies and to ensure gender diversity in the technology sector, particularly in the development of new technologies;
Amendment 382 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 a (new)
Annex I – Recommendation 3 – paragraph 1 – indent 3 a (new)
- Facilitate the access of women to education and academia in all digital technology domains in order to remove the gender gap.
Amendment 383 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 b (new)
Annex I – Recommendation 3 – paragraph 1 – indent 3 b (new)
- Ensure gender diversity in the tech sectors, such as ICT and STEM, particularly in the development of new technologies, including AI, and notably in decision-making positions.
Amendment 384 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 c (new)
Annex I – Recommendation 3 – paragraph 1 – indent 3 c (new)
Amendment 385 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 d (new)
Annex I – Recommendation 3 – paragraph 1 – indent 3 d (new)
- Provide educational programmes to promote and address the equal status and power relation between men and women, boys and girls, as well as to eliminate gender stereotypes, biases and patriarchal gender norms.
Amendment 386 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 e (new)
Annex I – Recommendation 3 – paragraph 1 – indent 3 e (new)
- Promote and share best practices in access to justice, sentencing and remedies that have a gender-responsive approach.
Amendment 388 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 5
Annex I – Recommendation 3 – paragraph 1 – indent 5
- support to civil society organisations working in the field of prevention of gender-based violence, including by providing financing support, as well as recognition of these organisations by ensuring that victims are referred to these by authorities and law enforcement.
Amendment 389 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 6
Annex I – Recommendation 3 – paragraph 1 – indent 6
- promotion of focused and continuous training for practitioners and other professionals, including in social services andstaff, law enforcement agencies; officers, justice officials and other relevant actors to ensure that the causes and impacts of gender-based cyberviolence are understood and victims are treated appropriatedly, and ensure that training for all practitioners has a gender- responsive approach.
Amendment 391 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 a (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 a (new)
Amendment 394 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 b (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 b (new)
- Ensure that all measures prevent re-traumatization and stigmatization of victims of gender-based cyberviolence.
Amendment 395 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 c (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 c (new)
- Ensure the participation of civil society organizations in the evaluations and reviews of the Code of Conduct on Countering Illegal Hate Speech Online and ensure that IT companies improve their feedback to users’ notifications, thus react quickly and effectively to the content flagged as illegal.
Amendment 396 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 d (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 d (new)
- For online platforms that are primarily used for the dissemination of user generated pornographic content, ensure that the platforms take the necessary technical and organisational measures to warrant that those users who disseminate content have verified themselves through a double opt-in e-mail and cell phone registration.
Amendment 397 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 e (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 e (new)
- All measures should be victims- centred and have an intersectional approach.
Amendment 398 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – title
Annex I – Recommendation 4 – title
Recommendation 4 on protection of, support to and compensreparation of victims
Amendment 399 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 1
Annex I – Recommendation 4 – paragraph 1 – indent 1
Amendment 401 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 1 a (new)
Annex I – Recommendation 4 – paragraph 1 – indent 1 a (new)
- Ensure that all training for practitioners have a gender-responsive approach and that the programme includes actions to abstain from practicing institutional behaviours that make individuals relive the trauma of the attack and thus add on to the negative experience (re-victimisation and stigmatisation).
Amendment 402 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 1 b (new)
Annex I – Recommendation 4 – paragraph 1 – indent 1 b (new)
- Install specialized contact points in social services and law enforcement agencies with special staff trained on gender-based cyberviolence as focal points for victims to report gender-based cyberviolence in an environment that is safe and comfortable for them. Contact points should be coordinated. These measures would contribute to address underreporting, re-victimisation and create a safer environment for victims of gender-based violence.
Amendment 403 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 2
Annex I – Recommendation 4 – paragraph 1 – indent 2
- fFacilitatinge access to information in a language that the victim can understand, particularly on the legal avenues and support services, and developing specific services for victims of cyberviolence (helplines, shelters);
Amendment 405 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 2 a (new)
Annex I – Recommendation 4 – paragraph 1 – indent 2 a (new)
- Equip the national telephone helplines with the necessary resources and expertise to also respond to the digital dimension of gender-based violence.
Amendment 406 #
2020/2035(INL)
- Set up an EU wide telephone helpline as a contact point for victims across the EU and ensure that victims can easily and freely use it.
Amendment 407 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3
Annex I – Recommendation 4 – paragraph 1 – indent 3
- fFacilitatinge reports by victims, allowing them to obtain protection orders, and developing redress mechanisms with adequate compensreparation measures;
Amendment 409 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 a (new)
Annex I – Recommendation 4 – paragraph 1 – indent 3 a (new)
- Individual assessments to identify the specific needs of the victims.
Amendment 410 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 b (new)
Annex I – Recommendation 4 – paragraph 1 – indent 3 b (new)
- Remove all the obstacles, including bureaucratic obstacles, that victims who decide to file a complaint may face.
Amendment 411 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 c (new)
Annex I – Recommendation 4 – paragraph 1 – indent 3 c (new)
- Create complaints mechanisms that are easily and immediately accessible to victims, including by digital means.
Amendment 412 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 d (new)
Annex I – Recommendation 4 – paragraph 1 – indent 3 d (new)
- For online platforms that are primarily used for the dissemination of user generated pornographic content, ensure that the platforms take the necessary technical and organisational measures to warrant the accessibility of a qualified notification procedure in the form that individuals may notify the platform with the claim that image material depicting them or purporting to be depicting them is being disseminated without their consent and supply the platform with prima facie evidence of their physical identity and that content notified through this procedure is to be suspended within 48 hours.
Amendment 413 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 e (new)
Annex I – Recommendation 4 – paragraph 1 – indent 3 e (new)
- For online platforms that are primarily used for the dissemination of user generated pornographic content, ensure that the platforms take the necessary technical and organisational measures to a warrant professional human-powered content moderation, where content having a high probability of being illegal, such as content depicting to be voyeuristic or enacting rape scenes, is reviewed.
Amendment 414 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 f (new)
Annex I – Recommendation 4 – paragraph 1 – indent 3 f (new)
- Ensure that victims have access to justice, remedies, as well as to safe and accessible reporting procedures and mechanisms, particularly in the country of residence. Access to remedies should not be contingent on the filing of a complaint.
Amendment 415 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4
Annex I – Recommendation 4 – paragraph 1 – indent 4
- dDeveloping cooperation mechanisms between relevant actors, such as social services, the judiciary, public prosecutors, law enforcement agencies, local and regional authorities and CSOs.
Amendment 416 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 a (new)
Annex I – Recommendation 4 – paragraph 1 – indent 4 a (new)
- Support to civil society organisations, particularly those that provide service, including by providing financing support.
Amendment 418 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 b (new)
Annex I – Recommendation 4 – paragraph 1 – indent 4 b (new)
- Promotion of the ethical development and use of technological solutions that support victims and that help identify perpetrators, in line with fundamental rights.
Amendment 420 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 c (new)
Annex I – Recommendation 4 – paragraph 1 – indent 4 c (new)
- All actions should be victims- centred and have an intersectional approach.
Amendment 421 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 d (new)
Annex I – Recommendation 4 – paragraph 1 – indent 4 d (new)
- The Commission should develop guiding principles for law enforcement officials when dealing with victims who are reporting gender-based cyberviolence, which should equip them with the necessary soft skills to carefully listen, understand and respect all victims of gender-based violence. The guiding principles should have agender- responsive approach.
Amendment 422 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 a (new)
Annex I – Recommendation 4 – paragraph 1 a (new)
Develop protection and support services which are accessible to all victims, free of charge including emergency and long- term support, such as psychological, medical, legal, practical and socio- economic support, taking into account the specific needs of the victims, and give particular attention to victims belonging to groups put in a vulnerable situation.
Amendment 424 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 3 a (new)
Annex I – Recommendation 5 – paragraph 1 – indent 3 a (new)
Amendment 425 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 3 b (new)
Annex I – Recommendation 5 – paragraph 1 – indent 3 b (new)
- Ensure effective cooperation between law enforcement authorities and tech companies and service providers, especially with regards to identification of perpetrators and gathering of evidence, which should be in full compliance with fundamental rights and freedoms and data protection rules.
Amendment 426 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 3 c (new)
Annex I – Recommendation 5 – paragraph 1 – indent 3 c (new)
- Any evidence should be gathered in a way that it does not cause secondary victimisation and re-traumatisation of the victim.
Amendment 427 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 4
Annex I – Recommendation 5 – paragraph 1 – indent 4
- aggravating circumstances, depending on the profile of the women and girl victims (exploiting specific characteristics, vulnerabilities of women and girls online)victim;
Amendment 428 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 4
Annex I – Recommendation 5 – paragraph 1 – indent 4
- aggravating circumstances, depending on the profile of the women and, girls and LGBTI victims (exploiting specific characteristics, vulnerabilities of women and girl, girls and LGBTI persons online);
Amendment 429 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 5
Annex I – Recommendation 5 – paragraph 1 – indent 5
- aAll actions should be victim- centred and have an intersectional approach.
Amendment 430 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 5 a (new)
Annex I – Recommendation 5 – paragraph 1 – indent 5 a (new)
- Risk assessments should have a section to include and consider behavioural patterns and gendered aspects of the incident, such as stereotypes, discrimination, sexualized threats and intimidation. This information should be used to determine follow-up actions and to enhance the collection of data related to the different manifestations of gender-based cyberviolence.
Amendment 431 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 5 b (new)
Annex I – Recommendation 5 – paragraph 1 – indent 5 b (new)
- Ensure that the burden of proof is not on the victims’ side.
Amendment 432 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 6 – paragraph 1
Annex I – Recommendation 6 – paragraph 1
Amendment 436 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 6 – paragraph 1
Annex I – Recommendation 6 – paragraph 1
The Commission and Member States should collect and publish disaggregated and comparable data on gender-based cyberviolence, in particular on the different forms of gender-based cyberviolence, not only based on law enforcement reports but also on women’sthe experiences of women and LGBTI persons.
Amendment 12 #
2020/2009(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the Commission Communication of 20 June 2020 entitled "Tackling COVID-19 disinformation - Getting the facts right";
Amendment 26 #
2020/2009(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
— having regard to its resolution of 11 September 2018 on measures to prevent and combat mobbing and sexual harassment at workplace, in public spaces, and political life in the EU9a, _________________ 9a Texts adopted, P8_TA(2018)0331.
Amendment 27 #
2020/2009(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
— having regard to its resolution of 28 November 2019 on the EU’s accession to the Istanbul Convention and other measures to combat gender-based violence10a, _________________ 10a Texts adopted, P9_TA(2019)0080.
Amendment 49 #
2020/2009(INI)
Motion for a resolution
Recital C
Recital C
C. whereas according to the 2020 World Press Freedom Index, the COVID- 19 pandemic has highlighted and amplified many other crises that threaten the right to freely reported, independent, diversereveals a wide range of discrepancy between the individual Member States varying from second place in the world ranking given to Finland up to one hundred and reliable informationeventh place given to Bulgaria;
Amendment 52 #
2020/2009(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas according to the 2020 World Press Freedom Index the COVID- 19 pandemic has highlighted and amplified many other crises that threaten the right to freely reported, independent, diverse and reliable information;
Amendment 54 #
2020/2009(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas recent years show a growing pattern of intimidation to silence journalists that requires urgent actions to uphold the essential role of the independent media in ensuring the principles of rule of law;
Amendment 55 #
2020/2009(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the transparency of the media ownership is an absolute precondition for ensuring media pluralism and independent journalism;
Amendment 69 #
2020/2009(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas strengthening media freedom requires credible and detailed information on the scope and the nature of the challenges within the Member States and the EU as a whole, including on individual cases of violation of the principles of the independent media or infringements of fundamental rights of journalist;
Amendment 73 #
2020/2009(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the rights of the journalists to report and investigate needs to be further enhanced and effectively protected;
Amendment 88 #
2020/2009(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the phenomenon of cyber violence (including online hate speech, cyberstalking, online harassment) is becoming more widespread and whereas women who have a public role, among others politicians, journalists and activists fighting for women's rights and rights of sexual minorities are becoming a prime target for cyberbullying and online violence;
Amendment 115 #
2020/2009(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is deeply shattered by the murders of Daphne Caruana Galizia in Malta and Ján Kuciak and his fiancée Martina Kušnírová in Slovakia due to their investigative work, and reiterates the importance of an; recalls the essential role that investigative journalism holds in fighting organised crime by collecting and connecting relevant information, exposing criminal networks and illicit activities; highlights the fact that these activities expose them to an increased personal risk level; calls on national law enforcement authorities to fully cooperate with Europol and other relevant international organisations in order to conduct independent investigation to brs, identifying and bringing to justice the perpetrators of and masterminds behind these crimes;
Amendment 122 #
2020/2009(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly reiterates its call on the Commission to treat attempts by Member State governments to damage media freedom and pluralism as constituting a serious and systematic abuse of powers and as going against the fundamental values of the EU as enshrined in Article 2 TEU; welcomes, therefore, the Commission’s intention to include a specific chapter on monitoring media freedom and pluralism in its Annual Report on the Situation of the Rule of Law within the EU; urges the Commission to take into account the impact of the emergency measures taken in 2020 in the context of COVID-19 on press freedom, media pluralism and safety of journalists; in this context, recalls Parliament’s repeated call for a permanent, independent and comprehensive mechanism covering democracy, the rule of law and fundamental rights in the EU; urges the Commission and Member States to develop and maintain credible framework of protections of media freedom and media pluralism; highlights the need of a fully-fledged EU mechanism on media freedom, beyond the framework of the new Rule of Law mechanism, which should introduce clear standards and benchmarks at EU level as well as incentives for higher convergence between the individual Member States, including through legislation, if necessary.
Amendment 124 #
2020/2009(INI)
3. Strongly reiterates its call on the Commission to treat attempts by Member State governments to damage media freedom and pluralism as constituting a serious and systematic abuse of powers and as going against the fundamental values of the EU as enshrined in Article 2 TEU; welcomes, therefore, the Commission’s intention to include a specific chapter on monitoring media freedom and pluralism in its Annual Report on the Situation of the Rule of Law within the EU; encourages the Commission to actively cooperate with the Council of Europe, exchanging best practices and making sure that measures undertaken are complementary; urges the Commission to take into account the impact of the emergency measures taken in 2020 in the context of COVID-19 on press freedom, media pluralism and safety of journalists; in this context, recalls Parliament’s repeated call for a permanent, independent and comprehensive mechanism covering democracy, the rule of law and fundamental rights in the EU;
Amendment 136 #
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; 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; highlights that the frameworks for financing public service media should ensure the editorial independence and the sustainability of these outlets; calls on Member States to use financing models where public service media is financed from sources independent of political decision-making such as monthly or annual dedicated taxes;
Amendment 149 #
2020/2009(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to monitor and collect information and statistics on media freedom and pluralism within all Member States, and to analyse closely cases of the infringement of the fundamental rights of journalists;
Amendment 155 #
2020/2009(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates its concern that few specific legal or policy frameworks protecting journalists and media workers from violence, threats and intimidation can be identified at national level within the EU; calls on public figures and representatives of the authorities to refrain from denigrating journalists as this undermines trust in the media across society; underlines the important role of journalists in reporting on protests and demonstrations and calls for their protection from both the protesters and law enforcement in order that they can carry out their role without fear; asks Member `states to provide specific training programmes for law enforcement who are responsible for fulfilling state obligations of the protection of journalists, calls on the Member States and the Commission to ensure the effective protection and safety of journalists and other media actors as well as of their sources, including in a cross-border context; strongly reiterates its call on the Commission to present proposals to prevent so-called ‘Strategic Lawsuits Against Public Participation’ (SLAPP); highlights that women journalists are especially vulnerable to harassment and intimidation and therefore should be subject to additional safeguards;
Amendment 167 #
2020/2009(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reaffirms that anonymity and encryption are essential tools for the exercise of democratic rights and freedoms, and for protecting the confidentiality of sources in journalism
Amendment 168 #
2020/2009(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
Amendment 174 #
2020/2009(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that excessive concentration of the content-producing and content-distributing sectors may threaten citizens’ access to a range of content; underlines that media pluralism, which depends on the existence of a diversity of media ownership and of content as well as independent journalism, is key to challenging the spread of disinformation and ensuring that EU citizens are well- informed; condemns any attempt to monopolize the media ownership in the Member States as well as to exert political interference in media management; urges the Commission and the Member States to act quickly and resolutely to increase the transparency of the media ownership and the financial sources used by media owners as well as to fight more efficiently irregular or covert funding practices which threaten per se the independence, credibility and sustainability of the media sector and affects the freedom of expression;
Amendment 187 #
2020/2009(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is concerned about attempts to take advantage of the COVID-19 pandemic to punish independent and critical media and introduce restrictions on the media’s access to and scrutiny of government decisions and actions, hampering proper and informed debate on those actions; stresses the role of journalism and the free flow of information as essential to the EU’s efforts to contain the COVID-19 pandemic; points out that journalism plays a crucial function at a moment of public health emergency; calls on the Commission to comprehensively monitor such practices by national governments and to include the results in its upcoming Annual Report on the Rule of Law;
Amendment 194 #
2020/2009(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to urgently introduce EU and national emergency recovery packages to protect the jobs and livelihoods of media workers, support companies and fund public service media through the COVID- 19 crisis; stresses that in the face of the pandemic European citizens need professional, economically secure and independent journalists; reiterates in this context its call for the creation of a permanent European fund for journalists in the framework of the next MFF (2021- 2027), as redrafted following the COVID- 19 crisis, offering direct financial support for independent journalists and media outlets, freelancers and self-employed media workers; highlights that investigative journalism as key for the critical thinking and for ensuring transparency and checks on the work of politicians and invites the Commission to propose a dedicated financial instrument providing financial support explicitly for investigative journalism
Amendment 220 #
2020/2009(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Reiterates its call on the Commission to address the emerging forms of gender-based violence such as cyberstalking and online harassment;
Amendment 221 #
2020/2009(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Reiterates its call on the Commission and on the Council to activate the ‘passerelle clause’ enshrined in Article 83(1) of the TFEU in order to include violence against women and girls and other forms of gender-based violence (including cyber violence) in the catalogue of EU-recognised crimes;
Amendment 223 #
2020/2009(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes note of the Code of Conduct on Countering Illegal Hate Speech Online, promoted by the Commission, and of its fourifth evaluation round, from which it emerges that IT companies are remov71% of the content deemed to be illegal hate speech was removed; highlights the wide marging on average 72 % of the illegal hate speech notified to themf discretion left to private companies to determine what is illegal; Stresses the necessity to have all companies that run platforms to be part of the code of conduct;;
Amendment 229 #
2020/2009(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission and the Member States to take measures to increase women's security in public space and on the internet, and to introduce comprehensive mechanisms to assist victims of cyberbullying (including in particular cyberstalking and online harassment);
Amendment 243 #
2020/2009(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
Amendment 272 #
2020/2009(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on Member States to increase their efforts to strengthen media literacy across education to help citizens identify disinformation;
Amendment 286 #
2020/2009(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on social media companies and online platforms to make available tools to enable users to report and flag potential disinformation in order to facilitate prompt rectification and to allow for review by independent and impartial third party fact checking organisations;
Amendment 10 #
2020/2006(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that sustainable forest management is essential not only from environmental but also from the social and economic points of view, as the sector employs at least 500 000 people directly1a and 2,6 million indirectly1b in the Union, and respectively 13 million and 41 million people worldwide1c; _________________ 1aEurostat database on forestry https://ec.europa.eu/eurostat/web/forestry/ data/database 1bEuropean Parliament fact sheet of May 2019 on the European Union and forests 1chttp://www.fao.org/rural- employment/agricultural-sub- sectors/forestry/en
Amendment 17 #
2020/2006(INL)
Motion for a resolution
Recital A
Recital A
A. Whereas biologically diverse forests being natural carbon sinks are indispensable in the fight against climate change in line with the Paris Agreement’s goals to hold the increase in the global average temperature to well below 2°C above pre-industrial levels and pursue efforts to limit the temperature increase to 1, 5°C above pre-industrial levels, and that the best available science indicates that limiting the increase to 1.5 degrees would substantially reduce harm to people and natural ecosystems in relation to the 2 degrees scenario, as well as for climate change adaptation and biodiversity conservation;
Amendment 29 #
2020/2006(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. Whereas the UN IPCC Special Report on Global Warming of 1.5˚C evidences clear benefits to people and natural ecosystems of limiting global warming to 1.5°C compared to 2°C;
Amendment 35 #
2020/2006(INL)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. Whereas emissions from land-use change, mostly due to deforestation, account for approximately 12% of global GHG emissions and are the second biggest cause of climate change after burning coal, oil and gas;
Amendment 38 #
2020/2006(INL)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. Whereas forests provide subsistence and income for 25% of the world’s population;
Amendment 40 #
2020/2006(INL)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. Whereas forests have cultural, social and spiritual value for many people and peoples;
Amendment 41 #
2020/2006(INL)
Motion for a resolution
Recital A e (new)
Recital A e (new)
Ae. Whereas global tree cover loss has been rising steadily over the past 18 years and in 2019 alone 3.8 million hectares of primary rainforests were destroyed;
Amendment 42 #
2020/2006(INL)
Motion for a resolution
Recital A f (new)
Recital A f (new)
Af. Whereas approximately 80% of global deforestation is caused by the expansion of land used for agriculture;
Amendment 43 #
2020/2006(INL)
Motion for a resolution
Recital A g (new)
Recital A g (new)
Ag. Whereas the livelihoods and food security of many of the world’s rural poor depend on vibrant forests and trees and evidence shows that around 40% of the extreme rural poor – around 250 million people – live in forest and savannah areas;
Amendment 44 #
2020/2006(INL)
Motion for a resolution
Recital A h (new)
Recital A h (new)
Ah. Whereas more than three land and environmental defenders were murdered each week in 2018;
Amendment 45 #
2020/2006(INL)
Motion for a resolution
Recital A i (new)
Recital A i (new)
Ai. Whereas more than 300 people were killed in resource and land-use conflicts in the Amazon region in the last decade;
Amendment 50 #
2020/2006(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 55 #
2020/2006(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that improving traceability and transparency can help to ensure that only sustainably sourced goods are consumed; but only in combination with common and widely recognised labelling and certification systems, and calls for due diligence obligations to be part of public procurement rules;
Amendment 58 #
2020/2006(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas 87% of Europeans agree that new laws are needed to ensure the products sold in the Member States do not contribute to global deforestation according to a YouGov poll;
Amendment 61 #
2020/2006(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Encourages forest planting and re- planting activities and projects, especially planting of native and wildlife friendly species, as efficient afforestation and protection and restoration of forests help to increase carbon sequestration, reduce the risk and extent of forest fires, complement organic farming and agroforestry and promote biodiversity; stresses the important role of riverside forests in stabilising riverbanks, thereby reducing flood risk, maintaining water temperatures which protect biodiversity, and improving water quality by filtering run-offs from adjacent agricultural land; notes that newly planted forests cannot replace primary forests which are essential in biodiversity and environmental terms;
Amendment 70 #
2020/2006(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for binding and enforceable environmental and social provisions to be included in free trade agreements (FTAs)with respect to the application of food safety, environmental and animal welfare standards so as to protect forests, natural ecosystems and human rights, particularly community tenure rights; calls foron the reopening of FTAs which do not contain such provisions, for example EU-Mercosur FTACommission to continue to closely monitor and enforce ongoing free trade agreements against those standards;
Amendment 78 #
2020/2006(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that approximately 80% of global deforestation is caused by the expansion of land used for agriculture; stresses in this context that the Commission Communication on Stepping up EU Action to Protect and Restore the World’s Forests of July 2019 recognises that Union demand for products such as palm oil, meat, soy, cocoa, maize, timber, rubber, including in the form of processed products or services, is a large driver of deforestation, forest degradation, ecosystem destruction and human rights violations across the globe;
Amendment 85 #
2020/2006(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes with the highest concern that in the period from 2014 to 2018, the rate of tree cover loss has increased by 43% to an average loss of 26,1 million hectares per year, as compared to 18,3 million hectares per year in the period from 2002 to 2013; is particularly worried about the loss of primary forests as the three most recent years with available data (2016, 2017 and 2018) have registered the highest loss rates this century with deforestation rates in the Brazilian Amazon alone having increased 88% in June 2019 compared to June 2018;
Amendment 96 #
2020/2006(INL)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Highlights that destruction and degradation of natural forests is not only happening in tropical areas, but all over the world, including inside the Union and in its direct neighbourhood;
Amendment 98 #
2020/2006(INL)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for a more holistic approach in which the Union provides direct support to local authorities for greening, afforestation and sustainable forest management practices; believes, in particular, that poverty-induced use of forest wood as heating fuel must be addressed, including by financing clean alternatives;
Amendment 98 #
2020/2006(INL)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Believes that any EU legal framework to halt and reverse EU-driven global deforestation (referred to as the EU legal framework hereafter) must also cover the halt and reversal of destruction and degradation of high-carbon stock and biodiversity-rich ecosystems, as otherwise pressure could be shifted to these areas;
Amendment 99 #
2020/2006(INL)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Notes, that so far, with the exception for timber and certain wood products, there are no rules in place that prohibit placing on the European market products that contributed to the destruction of forests ; notes that, therefore, consumers of many forest and ecosystem-risk commodities in the Union have no guarantee that these products did not contribute to deforestation and that consequently consumers unblameably, unwillingly and unknowingly drive deforestation;
Amendment 100 #
2020/2006(INL)
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Is convinced that mandatory sustainability rules enacted in a large market, like within the European Union, have the potential of steering global production practices towards more sustainable ones;
Amendment 111 #
2020/2006(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Notes the unsustainable level of consumption in the EUnion, and that, for example, the Renewable Energy Directive (RED II) contains insufficient sustainability criteria, which both causes and intensifies land-use change; stresses that the Union funding mechanism should promote sustainable forest management and land-use;
Amendment 111 #
2020/2006(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes business’ growing awareness of the problem of global deforestation and ecosystem destruction, the need for corporate action and corresponding commitments; emphasises, however, that companies’ voluntary anti- deforestation commitments often only cover parts of their supply chains and were, as of yet, not sufficient to halt global deforestation;
Amendment 118 #
2020/2006(INL)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the importance of an observatory system for deforestation, forest degradation and changes in the world’s forest cover; encourages the increased use of the Copernicus satellite system to monitor forests;
Amendment 119 #
2020/2006(INL)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls for a stronger role of the Union in helping local authority enforcement of forest protection regulations in force;
Amendment 124 #
2020/2006(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that third-party certification schemes have played an important role in bringing together business and civil society to develop a common understanding of the problem of deforestation; observes, however, that voluntary third-party certification schemes alone, to date, are not effective in halting and reversing global deforestation and need to be complemented by mandatory measures; notes that voluntary third-party certification can be an auxiliary tool to assess and mitigate deforestation risks when designed and implemented well with regard to the sustainability criteria it is based on, the robustness of the certification and accreditation process, independent monitoring, possibilities to monitor the supply chain, and sound requirements to protect primary forests and promote sustainable forest managementother natural forests;
Amendment 132 #
2020/2006(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Criticises that third-party certification and labels alone unduly shift the responsibility to decide whether to purchase deforestation-free products to the consumers; which will be insufficient in its effectiveness to mainstream more sustainable production; therefore emphasises that third- party certification can only be complementary to, but cannot replace, thorough operators’ due diligence processes of companies and impair the operators’ liability;
Amendment 143 #
2020/2006(INL)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is concerned that the multitude of existing certification schemes and labels leads to consumers’ confusion and impairs their chances to make an informed choice;
Amendment 145 #
2020/2006(INL)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes that the criteria for what constitutes a “deforestation-free” commodity or products underpinning certification schemes have not always been comprehensive enough, as they sometimes only cover some of a product's relevant ingredients, only parts of a product’s life-cycle, or use an insufficient definition of “deforestation-free”, which can lead to label-shopping by companies and water down ambition of certification in general;
Amendment 168 #
2020/2006(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the intention of the Commission to tackle global deforestation and forest degradation but asks for a more ambitious policy approach; calls on the Commission to present a proposal for an EU legal framework based on mandatory due diligence, reporting, disclosure and third- party participation requirements, as well as liability and penalties in case of breaches of obligations for all companies placing for the first time on the Union market commodities with the highestentailing forest and ecosystem risks and products derived from these commodities, and access to justice and remedy for victims of breaches of these obligations; traceability obligations should be placed on traders on the Union market, to ensure sustainable and deforestation-free value chains, as laid down in the Annex to this resolution; emphasises that the same legal framework should apply to Union-basedall financial institutions authorised to operate in the Union and that are providing money to companies that harvest, extract, produce or process forest and ecosystem-risk commodities and derived products;
Amendment 179 #
2020/2006(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Emphasises that granting effective access to justice and remedies for victims of corporate human rights and environmental harms must be part of such a legal framework;
Amendment 191 #
2020/2006(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that forest and ecosystem-risk commodities covered by this EU legal framework should be determined on the basis of objective and science-based considerations that such commodities pose high risks forare associated with the destruction and degradation of forests and high-carbon stock and biodiversity-rich ecosystems, as well as for the rights of indigenous people and human rights in general;
Amendment 207 #
2020/2006(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that weak land tenure and land rights are an important driver of deforestation and degradation of forests and ecosystems;
Amendment 217 #
2020/2006(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that local communities, indigenous peoples, land and environmental defenders often are on the frontline of the fights to preserve ecosystems; is concerned that the degradation and destruction of forests and other valuable ecosystems frequently goes along with human rights violations or follows from it; urges, therefore, to include the protection of human rights, in particular land tenure, land and labour rights, with a special view to the rights of indigenous peoples and local communities, within the future EU legal framework;
Amendment 231 #
2020/2006(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that these obligations should apply to all companies placing forest and ecosystem-risk commodities (FERC) on the Union market, irrespective of their size or place of registration; while recognising that requirements following the operator’s risk assessment must be proportionate to the level of risks associated with the given commodities; believes that in a fragmented end-market, the inclusion of smaller and larger companies is key to ensure both large-scale impact and consumer trust; emphasises that the regulatory framework must not give rise to undue burdens on small and medium-sized producers, including smallholders, or prevent their access to markets and international trade; recognises, due to a lack of capacity; recommends therefore, that due diligence, rethey be supportinged and disclosure requirements must be proportionate to the level of risks associated with the given commoditiebe provided with the necessary tools to be able to produce in compliance with environmental and human rights requirements;
Amendment 241 #
2020/2006(INL)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that digitalisation and new technology tools hold the potential to provide unprecedented solutions for companies to identify, prevent, mitigate and account for human rights and environmental impacts;
Amendment 242 #
2020/2006(INL)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Recalls the findings of the study on due diligence requirements through the supply chain, commissioned by the European Commission’s Directorate- General for Justice and Consumers, that finds that a majority of business respondents agree that mandatory due diligence would have a positive impact on human rights and the environment;
Amendment 243 #
2020/2006(INL)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Notes that initial findings of the same study indicate that extra costs occurring to companies to set up and run due diligence systems are only small;
Amendment 244 #
2020/2006(INL)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Believes that EU-wide mandatory due diligence requirements would provide benefits to business through levelling the playing field by holding competitors to the same standards and would provide legal certainty as opposed to a mosaic of different measures at national level;
Amendment 247 #
2020/2006(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is convinced that the EU Timber Regulation, especially its due diligence requirements, represents a good model to build upon for a future EU legal framework to halt and reverse EU-driven global deforestation, but that a lack of implementation and enforcement of the EU Timber Regulation, and the non-coverage of certain timber products, means that it does not live up to its spirit and intent; is of the opinion, therefore, that lessons can be learnt from the EU Timber Regulation for improved implementation and enforcement rules for a future EU legal framework to halt and reverse EU-driven global deforestation;
Amendment 263 #
2020/2006(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that the impact of the Union’s consumption of forest and ecosystem-risk commodities, and in particular the consumption of meat and dairy products, needs to be adequately addressed in any follow-up, regulatory or non-regulatory, actions and measures to the EU Biodiversity Strategy for 2030 and Farm to Fork Strategy, as well as in the post-2020 Common Agricultural Policy;
Amendment 293 #
2020/2006(INL)
Motion for a resolution
Annex I – point 1 – paragraph 2 – point b
Annex I – point 1 – paragraph 2 – point b
b. the supply practices and financing of all economic operators active on the Union internal market,
Amendment 297 #
2020/2006(INL)
Motion for a resolution
Annex I – point 1 – paragraph 2 – point c
Annex I – point 1 – paragraph 2 – point c
c. production practices of economic operators harvesting, extracting, supplying, and processing forest and ecosystem-risk commodities (FERCs) or producing FERC- derived products in the Union internal market, as well as the practices of their financiers;
Amendment 313 #
2020/2006(INL)
Motion for a resolution
Annex I – point 2 – paragraph 1
Annex I – point 2 – paragraph 1
The proposal should apply to all economic operators, irrespective of their legal form, size or complexity of their value chains, i.e. any natural or legal person (excluding non-commercial consumers) that places commodities that are covered by the proposal and their derived products on the Union internal market for the first time, or that provides financing to operators undertaking these activities. This should apply to both Union and non- Union-based operators. Operators that are not based in the Union should mandate an authorised representative to perform the tasks (in accordance with Regulation (EU) 2019/1020 of the European Parliament and of the Council1 ). _________________ 1Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 344 #
2020/2006(INL)
Motion for a resolution
Annex I – point 2 – paragraph 4
Annex I – point 2 – paragraph 4
The proposal should cover all commodities that are most frequently associated with deforestation, natural forest degradation, and natural ecosystem conversion and degradation. These commodities should be listed in an annex to the proposal and comprise at least palm oil, soy, meat, leather, cocoa, coffee, rubber, and maize and all intermediate or final products that are derived from these commodities, and products that contain these commodities. In the event that the derived products contain input from more than one commodity covered by the proposal, due diligence should be performed with respect to each of these commodities. Commodities covered by Regulation (EU) No 995/2010 of the European Parliament and of the Council2 (‘the EU Timber Regulation’) should be integrated into the scope of the proposal within three years from the date of entry into force of the proposal. To this end, the Commission should first conduct an assessment of the feasibility and the modalities of integrating these commodities, taking into account the upcoming fitness check of the EU Timber Regulation, and ensure that the objectives of the FLEGT Action Plan are not jeopardised and considering the legal and political implications on current Voluntary Partnership Agreements (VPAs) and legally-binding trade agreements between the European Union and a timber-producing country outside the EU. The partner timber-producing countries of the EU should be closely associated with the integration of the Timber commodities covered by the Timber Regulation into the new proposal. _________________ 2Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market Text with EEA relevance (OJ L 295, 12.11.2010, p. 23).
Amendment 356 #
2020/2006(INL)
Motion for a resolution
Annex I – point 2 – paragraph 5
Annex I – point 2 – paragraph 5
The Commission should adopt delegated acts to amend the list of commodities and their derived products that are covered by the proposal if evidence emerges concerning the detrimental impact of their harvesting, extraction or production on natural forests, natural ecosystems or human rights. The Commission should have a vigilant, proactive role in identifying emerging risks, and actively consult a diversity of stakeholders with relevant experience to maintain a list of commodities that reflects the state of knowledge about human rights and environment risks in relevant sectors.
Amendment 365 #
2020/2006(INL)
Motion for a resolution
Annex I – point 2 – paragraph 6
Annex I – point 2 – paragraph 6
The proposal should equally apply to Union-basedall financial institutions providing moneyauthorised to operate in the Union and who are providing finance, investment, insurance or other services to economic operators that harvest, extract, produce, process or sell forest and ecosystem-risk commodities and their derived products to ensure that these financial institutions themselves and their supply chain companies are respecting the responsibilities on the environment and human rights as set out in the proposal.
Amendment 445 #
2020/2006(INL)
Motion for a resolution
Annex I – point 3 – point 3.4 – paragraph 1
Annex I – point 3 – point 3.4 – paragraph 1
FERCs placed on the Union market, in raw form or as products derived from or containing such commodities, should not be harvested, extracted or produced from land obtained or used in violation of human rights embedded into national laws, nor those rights expressed, as a minimum, in international agreements, such as thenure rights, rights of indigenous people,s and local communities, including tenure rights and the procedural right to give or withhold their free prior and informed consent as set out for example by the UN Permanent Forum on Indigenous Issues, the right to water and UN and regional treaty bodies, the right to water, the right to defend human rights, labour rights as enshrined in ILO fundamental conventions and other internationally recognised human rights related to land use, access or ownership, and the human right to a healthy environment, as defined in the Framework Principles on Human Rights and the Environment and the standards and good practices identified by the UN Special Rapporteur on human rights and the environment.
Amendment 452 #
2020/2006(INL)
Motion for a resolution
Annex I – point 3 – point 3.4 – paragraph 2
Annex I – point 3 – point 3.4 – paragraph 2
At all stages, harvesting, extracting or producing covered commodities should respect local communities’ and indigenous peoples’ community and land tenure rights in all forms, whether they are public, private, communal, collective, indigenous, women’s or customary rights. Indigenous peoples’ and local communities’ formal and customary rights to lands, territories and resources should be identified and respected, as should their ability to defend their rights without reprisals. Those rights include the rights to own, occupy, use and administer these lands, territories and resources.
Amendment 455 #
2020/2006(INL)
Motion for a resolution
Annex I – point 3 – point 3.4 – paragraph 3
Annex I – point 3 – point 3.4 – paragraph 3
Commodities covered by the proposal should not be obtained from land whose acquisition and use affects community and land tenure rights. In particular, commodities placed on the Union market should not be harvested, extracted or produced from areas under local communities’ andthe lands of indigenous peoples’ l and and tenure rights in all forms and that have lost that status, unless this occurred in the presence of free, prior and informed consent of the local communities and indigenous peoples concernedlocal communities, both those lands formally titled and those under customary ownership, without their free, prior and informed consent.
Amendment 472 #
2020/2006(INL)
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1
Economic operators should have a complete overview of all actors at all levels of their value chains, be it suppliers, franchisees, licensees, joint ventuall determine whether the commodities and products in their entire value chains comply with the sustainability and human rights criteria of the proposal, by accessing and evaluating information on the precise land area(s) from where these goods originate. In addition to the environmental criteria, access to information must allow the operator to conclude that those using the land to produce FERCs are entitled to do so and have obtained Frese, investors, clients, contractors, customers, consultants, financial, and legal and other advisers.Prior and Informed Consent (FPIC) from those holding rights on those land areas and that they are not violating, or have violated, any human rights referred to in this proposal. In particular, operators are required to have, and make available, information on:
Amendment 476 #
2020/2006(INL)
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point i (new)
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point i (new)
(i) The precise area or areas of harvest or extraction or production of the commodities. Concerning cattle, beef and leather, economic operators must be able to obtain information about the various areas of pasture where cattle has been fed or, where cattle is raised using feed, about the origin of feed used;
Amendment 477 #
2020/2006(INL)
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point ii (new)
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point ii (new)
(ii) The present ecological status of the area of harvest, extraction or production;
Amendment 478 #
2020/2006(INL)
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point iii (new)
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point iii (new)
(iii) The ecological status of the area at the indicated cut-off date of this proposal.
Amendment 479 #
2020/2006(INL)
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point iv (new)
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point iv (new)
(iv) Legal status of land (ownership/title including both formal and customary rights of indigenous peoples and local communities to lands, territories and resources) and evidence of Free, Prior and Informed Consent (FPIC).
Amendment 480 #
2020/2006(INL)
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point v (new)
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point v (new)
(v) The elements of the supply chain of the commodity in question, with the aim of having information about the likelihood of contamination risks 1) with products of unknown origin or 2) originating from deforested areas, or 3) from areas in which natural forest, forest and ecosystem conversion and degradation occurred.
Amendment 481 #
2020/2006(INL)
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point vi (new)
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point vi (new)
(vi) Where, by whom and under which conditions the commodities are harvested, transformed or processed with a view to determine compliance with the human rights obligations of this proposal.
Amendment 487 #
2020/2006(INL)
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point b – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point b – paragraph 1
Where an economic operator sets up new operations or engages new business partners, it should identify the actors involved in the new supply chain and investments, and assess their policies and practices, as well as their harvesting, production, extraction and processing sites. For existing operations, ongoing adverse impacts and harms as well as potential risks should be identified and assessed. Risks analysis should be done with regard to the risks occurring from the economic operator’s activities to, or impact on, the environment, individuals or communitiegenous peoples, local communities and individuals affected, rather than material risk to corporate shareholders.
Amendment 494 #
2020/2006(INL)
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point c – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point c – paragraph 1
Amendment 501 #
2020/2006(INL)
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point d – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point d – paragraph 1
Amendment 528 #
2020/2006(INL)
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point g – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point g – paragraph 1
The Union may negotiate Voluntary FERC Partnership Agreements with FERC- producing countries (partner countries), which create a legally binding obligation for the parties to implement a licensing scheme and to regulate trade in FERCs in accordance with the national law of the FERC-producing country and the environmental and human rights criteria laid out in the proposal. FERCs which originate in partner countries with Voluntary FERC Partnership Agreements should be considered to be of negligible risk for the purpose of the proposal.
Amendment 541 #
2020/2006(INL)
Motion for a resolution
Annex I – point 4 – point 4.3 – paragraph 3
Annex I – point 4 – point 4.3 – paragraph 3
The Commission should adopt delegated acts to set out the format, the frequency and the elements of the reports. In particular, economic operators should, inter alia, report on the system they use and how they apply it to the commodities in question, identified risks and impacts; the actions taken to cease and remedy existing abuses and to prevent and mitigate risks of abuse, as well as their outcomes; the measures and results of monitoring the implementation and effectiveness of such actions, warnings received through the early-warning mechanism and how the economic operator took them into account in their due diligence processes, and a list of all subsidiaries, subcontractors and suppliers, products and their quantity and origin. A failure to publish complete and timely reports should be penalised.
Amendment 561 #
2020/2006(INL)
Motion for a resolution
Annex I – point 5 – point 5.1 – paragraph 1 – point a – introductory part
Annex I – point 5 – point 5.1 – paragraph 1 – point a – introductory part
a. Providing for proportionate, effective and dissuasive penalties and sanctions for non-compliance with any of the above-mentioned obligations and where non-compliance with any of the above-mentioned obligations causes, contributes to, is linked to, or aggravates, abuses or the risk of environmental damage or human rights abuses or the risks thereof. These cshould include:
Amendment 569 #
2020/2006(INL)
b. Designating competent national investigating and enforcement authorities (‘competent authorities’). The competent authorities should monitor that economic operators effectively fulfil the obligations laid down in the proposal. For that purpose, the competent authorities should carry out official checks, in accordance with a plan as appropriate, which may include checks on the premises of economic operators and field audits, and should be able to adopt provisional orders and, in addition and without prejudice to the application of sanctions, they should have the power to require economic operators to take remedial actions where necessary. The competent authorities should endeavcarry ourt to carry outimely and thorough checks when in possession of relevant information, including substantiated concerns from third parties. They should treat information related to their activity in accordance with Directive 2003/4 on public access to environmental information.
Amendment 578 #
2020/2006(INL)
Motion for a resolution
Annex I – point 5 – point 5.1 – paragraph 2 – indent 4
Annex I – point 5 – point 5.1 – paragraph 2 – indent 4
- guidance on third-party concerns to establish Union-wide criteria to assess whether a concern is substantial and reliable enough to be acceptprocessed, and develop clear timelines forprocedural standards for the timely, impartial, effective and transparent responses by the national competent authorities towards third-party concerns;
Amendment 593 #
2020/2006(INL)
Motion for a resolution
Annex I – point 5 – point 5.2 – point c – paragraph 1
Annex I – point 5 – point 5.2 – point c – paragraph 1
Amendment 515 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
Amendment 845 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. The Commission shall submit these assessments and their conclusions, together with the State of the Energy Union Report prepared in the respective calendar year in accordance with Article 35 of Regulation (EU) 2018/1999, to the European Parliament and to the Council, and shall make them publicly available.
Amendment 855 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where, based on the assessment referred to in paragraphs 1 and 2, the Commission find demonstrates that Union measures are inconsistent with the climate-neutrality objective set out in Article 2(1) or inadequate to ensure progress on adaptation as referred to in Article 4, or that the progress towards either the climate-neutrality objective or on adaptation as referred to in Article 4 is insufficient, it shall within 6 months of the assessment take the necessary measures in accordance with the Treaties, at the same time as the review of the trajectory referred to in Article 3(1) for remedying the inconsistency.
Amendment 862 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission shall assess the consistency of any draft measure or legislative proposal in light ofwith the climate- neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1) once the trajectory is established, as well as the Union carbon budget set out in Article 3a, before adoption, and include this analysis in any impact assessment accompanying these measures or proposals, and make the result of that assessment public at the time of adoptiondirectly accessible to the public as soon as the assessment is finalised and, in any event, well before adoption of the associated measure or proposal.
Amendment 886 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point a
Article 6 – paragraph 1 – subparagraph 1 – point a
(a) the consistency of national measures identified, on the basis of the National Energy and Climate Plans or the Biennial Progress Reports submitted in accordance with Regulation (EU) 2018/1999 and the CAP Strategic Plans submitted in accordance with Regulation (EU) [XX] establishing rules on support for strategic plans to be drawn up by Member States under the Common Agricultural Policy, as relevant for the achievement of the climate-neutrality objective set out in Article 2(1) with that objective as expressed by the trajectory to be established as referred to in Article 3(1); where the trajectory is not available, the assessment shall be made on the basis of the criteria set out in Article 3(3) and the 2030 climate target
Amendment 1055 #
2020/0036(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 2 a (new)
Article 10 – paragraph 1 – point 2 a (new)
Regulation (EU) 2018/1999
Article 2 – point 63 (new)
Article 2 – point 63 (new)
(2 a) in Article 2 (Definitions), the following point 63 is added: ‘‘public concerned’ means the public affected or likely to be affected by, or having an interest in, the environmental decision-making procedures referred to in Chapters 2 and 3. For the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirements under national law shall be deemed to have an interest;’
Amendment 1070 #
2020/0036(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 5 a (new)
Article 10 – paragraph 1 – point 5 a (new)
Regulation (EU) 2018/1999
Article 11 a (new)
Article 11 a (new)
(5a) the following Article 11(a) is added: ‘Article 11a 1. Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned: (a) having a sufficient interest, or alternatively; (b) maintaining the impairment of a right, where administrative procedural law of a Member State requires this as a precondition; have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to Article 10. 2. Member States shall determine at what stage the decisions, acts or omissions may be challenged. 3. What constitutes a sufficient interest and impairment of a right shall be determined by the Member States, consistently with the objective of giving the public concerned wide access to justice. To that end, the interest of any non-governmental organisation meeting the requirements referred to in Article 2(63) shall be deemed sufficient for the purpose of point (a) of paragraph 1 of this Article. Such organisations shall also be deemed to have rights capable of being impaired for the purpose of point (b) of paragraph 1 of this Article. 4. The provisions of this Article shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be fair, equitable, timely and not prohibitively expensive. 5. In order to further the effectiveness of the provisions of this Article, Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.’
Amendment 17 #
2020/0006(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The regulatory framework governing the Union’s cohesion policy for the period from 2021 to 2027, in the context of the next multi-annual financial framework, contributes to the fulfilment of the Union’s commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals by concentrating Union funding on green objectives as well as the European Pillar of Social Rights. This Regulation implements one of the priorities set out in the Communication on the European Green Deal (‘the European Green Deal’)11 and is part of the Sustainable Europe Investment Plan12 providing dedicated financing under the Just Transition Mechanism in the context of cohesion policy to address the economic and social costs of the transition to a climate-neutral and circular economy, where any remaining greenhouse gas emissions are compensated by equivalent absorptions. _________________ 11 COM(2019) 640 final, 11.12.2019. 12 COM(2020) 21, 14.1.2020.
Amendment 34 #
2020/0006(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to be successful, the transition has to be fair, inclusive and socially acceptable for all. Therefore, both the Union and the Member States must take into account its economic and social implications from the outset, and deploy all possible instruments to mitigate adverse consequences. The Union budget has an important role in that regard.
Amendment 48 #
2020/0006(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The regulatory framework governing the Union’s cohesion policy for the period from 2021 to 2027, in the context of the next multi-annual financial framework, contributes to the fulfilment of the Union’s commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals by concentrating Union funding on green objectives. This Regulation implements one of the priorities set out in the Communication on the European Green Deal (‘the European Green Deal’)11 and is part of the Sustainable Europe Investment Plan12 providing dedicated financing under the Just Transition Mechanism in the context of cohesion policy to address the economic and social costhallenges of the transition to a climate-neutral and circular economy by 2050 at the latest, where any remaining greenhouse gas emissions are compensated by equivalent absorptions. _________________ 11 COM(2019) 640 final, 11.12.2019. 12 COM(2020) 21, 14.1.2020.
Amendment 54 #
2020/0006(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) The transition to a climate neutral and sustainable society is one of the most important common objectives of the Union, where the shared efforts by all are essential to its achievement. As such, access to the JTF should be conditional to the acceptance of a national objective of climate neutrality by 2050, as well as of the intermediate targets for 2030.
Amendment 72 #
2020/0006(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to be successful, the transition has to be fair, inclusive and socially acceptable for all, reduce inequalities and leave no one behind. Therefore, both the Union and the Member States must take into account its economic and social implications from the outset, and deploy all possible instruments to mitigate adverse consequences. The Union budget has an important role in that regard.
Amendment 92 #
2020/0006(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation establishes the Just Transition Fund (‘JTF’) which is one of the pillars of the Just Transition Mechanism implemented under cohesion policy. The aim of the JTF is to mitigate the adverse effects of the climate transition by supporting the most affected territories and workers concerned. In line with the JTF specific objective, actions supported by the JTF should directly contribute to facilitate and alleviate the impact of the transition by creating new sustainable employment opportunities, by mitigating the negative repercussions on employment and adverse social consequences and by financing the diversification and modernisation of the local economy and by mitigating the negative repercussions on employment. This is reflected in the JTF specific objective, which is established at the same level and listed together with the policy objectives set out in Article [4] of Regulation EU [new CPR].
Amendment 99 #
2020/0006(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The application of Union support and funding through the JTF shall ensure that all eligible projects in every Member State are consistent with all Member States’ obligation, set out in Regulation (EU)XX/XXX establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 [new European Climate Law], to achieve national climate neutrality by 2050 at the latest;
Amendment 106 #
2020/0006(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In view of the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement, the commitment regarding the United Nations Sustainable Development Goals and the increased ambition of the Union as proposed in the European Green Deal, the JTF should provide a key contribution to mainstream climate actions and accelerate the transition to a climate-neutral economy by 2050 at the latest. Resources from the JTF own envelope are additional and come on top of the investments needed to achieve the overall target of 25% of the Union budget expenditure contributing to climate objectives. Resources transferred from the ERDF and ESF+ will contribute fully to the achievement of this target.
Amendment 112 #
2020/0006(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) Member States should favour the adoption of bottom-up strategies in the preparation and implementation of the territorial just transition plans, ensuring the active participation of the relevant public authorities, economic and social partners from all sectors of activity, and other relevant civil society stakeholders, including from the agricultural sector. For an effective action at local level, the stakeholders at the level of the territories affected should, where feasible, be actively involved in the preparation of the territorial just transition plans.
Amendment 113 #
2020/0006(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The resources from the Just Transition Fund cannot deliver the transition to climate neutrality on its own. The other two pillars of the Just Transition Mechanism will offer an additional set of measures and financing opportunities, next to the JTF, with the objective of facilitating and accelerating the transition of the most affected regions. A dedicated just transition scheme under InvestEU will attract private investments that benefit the regions in transition and help their economies find new sources of growth such as projects for decarbonisation, economic diversification of the regions, energy, transport and social infrastructure. Public sector loan facility with the European Investment Bank backed by the EU budget will be used for concessional loans to the public sector, for example for investments in energy and transport infrastructure, district heating networks, and renovation or insulation of buildings.
Amendment 122 #
2020/0006(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The resources from the JTF should complement the resources available under cohesion policy as well as national and regional investments, private capital and should by no means replace such investments.
Amendment 140 #
2020/0006(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Transitioning to a climate-neutral economy is a challenge for all Member States. It will be particularly demanding for those Member States that but also an enormous opportunity. Additional support will be needed for the regions that still rely heavily on fossil fuels or greenhouse gas intensive industrial activities which need to be phased out or which need to adapt due to the transition towards climate neutrality and that lack the financial means to do so. The JTF should therefore cover all Member States, but the distribution of its financial means should reflect the capacity of Member States to finance the necessary investments to cope with the transition towards climate neutrality.
Amendment 148 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point a
Article 4 – paragraph 2 – subparagraph 1 – point a
(a) productive investments in SMEs, including start-ups, leading to job creation, economic diversification and reconversion;
Amendment 163 #
2020/0006(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate, social and environmental priorities of the Union. The list of investments should include those that support local economies and are sustainable in the medium and long- term, taking into account all the objectives of the European Green Deal and the European Pillar of Social Rights. The projects financed should contribute to a transition to a climate-neutral and circular economy. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing employment and avoiding environmental degradation. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economy. _________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
Amendment 185 #
2020/0006(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to enhance the economic diversification of territories impacted by the transition, the JTF should provide support to productive investment inwith job creation potential in green and sustainable SMEs. Productive investment should be understood as investment in fixed capital or immaterial assets of enterprises in view of producing goods and services thereby contributing to gross- capital formation and employment. For enterprises other than SMEs, productive investments should only be supported if they are necessary for mitigating job losses resulting from the transition, by creating or protecting a significant number of jobs and they do not lead to or result from relocation. Investments in existing industrial facilities, including those covered by the Union Emissions Trading System, should be allowed if they contribute to the transition to a climate-neutral economy by 2050 and go substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC of the European Parliament and of the Council14 and if they result in the protection of a significant number of jobs. Any such investment should be justified accordingly in the relevant territorial just transition plan. In order to protect the integrity of the internal market and cohesion policy, support to undertakings should comply with Union State aid rules as set out in Articles 107 and 108 TFEU and, in particular, support to productive investments by enterprises other than SMEs should be limited to enterprises located in areas designated as assisted areas for the purposes of points (a) and (c) of Article 107(3) TFEU. _________________ 14Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 204 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point j a (new)
Article 4 – paragraph 2 – subparagraph 1 – point j a (new)
(j a) the creation and development of social services of general interest;
Amendment 206 #
2020/0006(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The JTF support should be conditional on the effective and measurable implementation of a transition process in a specific territory in order to achieve a climate-neutral economy by 2050 at the latest. In that regard, Member States should prepare, in cooperation with the relevant stakeholders and supported by the Commission, territorial just transition plans, detailing the transition process, consistently with and possibly going beyond their National Energy and Climate Plans. To this end, the Commission should set up a Just Transition Platform, which would build on the existing platform for coal regions in transition to enable bilateral and multilateral exchanges of experience on lessons learnt and best practices across all affected sectors.
Amendment 208 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point k a (new)
Article 4 – paragraph 2 – subparagraph 1 – point k a (new)
(k a) capacity building to collect, harmonise and disseminate data on labour.
Amendment 233 #
2020/0006(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to supplement and amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to set out the annual breakdown of available allocations per Member State in accordance with Annex I, as well as in respect of the amendment of the elements contained in Annex III of this Regulation regarding the common output and result indicators. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making15 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts; these experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 15 OJ L 123, 12.5.2016, p.13.
Amendment 234 #
2020/0006(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 247 #
2020/0006(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the Just Transition Fund (‘JTF’) to provide support to territories facing serious socio-economic challenges deriving from the transition process towards a climate-neutral economy of the Union by 2050, ensuring that all Member States achieve climate neutrality by 2050 at the latest.
Amendment 253 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) a description of the transition process at national level towards a climate- neutral economy, including a timeline for key transition steps which are consistent with the latest version of the National Energy and Climate Plan (‘NECP’). The transition process at national level shall be aligned with the net zero emissions target for 2050 and intermediate targets for 2030;
Amendment 259 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) an assessment of the transition challenges faced by the most negatively affected territories, including the social, economic, and environmental impact of the transition to a climate-neutral economy, identifying the potential number of affected jobs and job losses, the development needs and objectives, to be reached by 2030 linked to the transformation or closure of greenhouse gas-intensive activities in those territories and the challenges regarding energy poverty;
Amendment 267 #
2020/0006(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
In accordance with the second subparagraph of Article [4(1)] of Regulation (EU) [new CPR], the JTF shall contribute to the single specific objective ‘enabling regions and people to address the social, economic and environmental impacts of the transition towards a climate- neutral economy’ by 2050 at the latest.
Amendment 279 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The JTF shall support the Investment for jobs and growth goalsocial, socio-economic and environmental impact of the transition in affected regions in all Member States.
Amendment 283 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be EUR 7.5 billion in 2018 prices, which may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act. The funding of the JTF shall not be to the detriment of resources allocated to the other MFF funds.
Amendment 294 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Commission shall adopt a decision by means of an implementing act settingis empowered to adopt delegated acts in accordance with Article 10 to set out the annual breakdown of resources, including any additional resources referred to in paragraph 2, by Member State in accordance with the methodology set out in Annex I.
Amendment 295 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Access to the funds made available under the JTF shall be conditional on national commitment to climate neutrality by 2050 at the latest, as well as commitment to the accomplishment of the intermediate GHG emission reduction targets for 2030 and 2040. If a Member State fails to produce an appropriate schedule for a phase-out of high GHG emission technologies in accordance with Article 7, yearly allocations for that Member State will be redistributed by the Commission to those Member States that have put in place such plans. The mid-term assessment of the JTF must evaluate each Member State’s progress towards the net zero emission target by 2050 at the latest and intermediate targets for 2030 and 2040. Insufficient progress in the reduction of the greenhouse gas emissions, according to the mid-term assessment, shall entail reduction in yearly allocations for that Member State.
Amendment 305 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Article 4 – paragraph 2 – subparagraph 1 – introductory part
In accordance with paragraph 1, the JTF shall exclusively support the following activities provided that they are eligible under Regulation on the establishment of a framework to facilitate sustainable investment (EU) [new EU Taxonomy Regulation]:
Amendment 313 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point a
Article 4 – paragraph 2 – subparagraph 1 – point a
(a) productive and sustainable investments in SMEs, including start-ups, leading to sustainable job creation, economic diversification and reconversion;
Amendment 339 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point c
Article 4 – paragraph 2 – subparagraph 1 – point c
(c) investments in sustainable research and innovation activities and fostering the transfer of advanced sustainable zero- emission technologies;
Amendment 351 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean energy, safe and sustainable energy in order to phase out fossil fuel based one, in greenhouse gas emission reduction, energy efficiency and renewable energy;
Amendment 369 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
(da) targeted energy efficiency measures to address energy poverty;
Amendment 393 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f
Article 4 – paragraph 2 – subparagraph 1 – point f
(f) investments in regeneration and decontamination of sites, land restoration and repurposing projects, while ensuring appropriate application of the polluter pays principle;
Amendment 406 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g
Article 4 – paragraph 2 – subparagraph 1 – point g
(g) investments in enhancing the non- toxic circular economy, including through waste prevention, reduction, resource efficiency, reuse, repair and recycling;
Amendment 423 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point h
Article 4 – paragraph 2 – subparagraph 1 – point h
(h) upskilling and reskilling of workers, including self-employed, regardless of the sector;
Amendment 444 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Additionally, the JTF may support, in areas designated as assisted areas in accordance with points (a) and (c) of Article 107(3) of the TFEU and in compliance with Union State aid rules as set out in Article 107 and Article 108 of the TFEU, productive investments in enterprises other than SMEs, provided that such investments have been approved as part of the territorial just transition plan based on the information required under point (h) of Article 7(2). Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan, are sustainable and do not increase or maintain dependency on fossil fuels, nor lead to unsustainable use of biomass or any use of food crops for energy generation purposes which would risk increasing food crop prices.
Amendment 452 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3
Article 4 – paragraph 2 – subparagraph 3
Amendment 463 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the decommissioning or, the construction or any other form of investment in of nuclear power stations;
Amendment 486 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) investment related to the production, processing, distribution, storage, transport or combustion of fossil fuels;
Amendment 516 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
The Commission shall only approve a programme where the identification of the territories most negatively affected by the transition process, contained within the relevant territorial just transition plan, is duly justified and the relevant territorial just transition plan is consistent with the National Energy and Climate Plan of the Member State concerned, as well as with the commitment to a climate-neutral economy by 2050 at the latest, including the intermediate targets for 2030 and 2040.
Amendment 551 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) a description of the transition process at national level towards a climate- neutral economy by 2050 at the latest, including a timeline for key transition steps such as decomissioning of fossil fuel installations and overall phase-out dates for high GHG emission technologies, which are consistent with the latest version of the National Energy and Climate Plan (‘NECP’);
Amendment 571 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) an assessment of the transition challenges faced by the most negatively affected territories, including the social, economic, and environmental impact of the transition to a climate-neutral economy, identifying the potential number of affected jobs and job losses, the development needs and objectives, to be reached by 2030 linked to the transformation or closure of greenhouse gas-intensive activities in those territories consistent with the transition away from fossil fuel use;
Amendment 592 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point i
Article 7 – paragraph 2 – point i
Amendment 620 #
2020/0006(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The power to adopt delegated acts referred to Article 3(3) and in Article 8(4) shall be conferred on the Commission for an indeterminate period of time from [the date of the entry into force of this Regulation].
Amendment 622 #
2020/0006(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The delegation of power referred to in Article 3(3) and Article 8(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 624 #
2020/0006(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State and conduct stakeholder consultation in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
Amendment 627 #
2020/0006(COD)
6. A delegated act adopted pursuant to Article 3(3) and Article 8(4) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act 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 Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 6 #
2019/2824(RSP)
Citation 8 a (new)
Amendment 35 #
2019/2824(RSP)
Paragraph 1 a (new)
1 a. Considers that we are facing an ecological emergency, which requires significant actions in Europe and beyond; calls on the Commission to place nature protection and restoration as a top priority in the European Green Deal alongside climate change;
Amendment 39 #
2019/2824(RSP)
Paragraph 2
2. Expresses its concern that the 2020 Aichi Biodiversity Targets will not be met with the current trajectory of biodiversity loss, and reiterates its calls on all Parties to step up their efforts; regrets that the EU is not on track to achieve its headline target of halting biodiversity loss and ecosystem degradation by 2020; urges the Commission and Member States to commit to immediate, substantial and additional efforts on biodiversity conservation and restoration so as to meet the EU targets;
Amendment 42 #
2019/2824(RSP)
Paragraph 3
3. Recalls that biodiversity and healthy ecosystems are key for achieving the objectives of the Paris Agreement and strengthen EU’s resilience capacities toward climate change; recalls the importance of preserving biodiversity and nature based solutions for climate change mitigation; asks therefore for more coherence between the CBD and UNFCCC; calls on the Commission to better integrate biodiversity into its climate policies and ensure that EU climate funding is also used to protect and restore natural ecosystems as a way of achieving climate mitigation and adaptation;
Amendment 49 #
2019/2824(RSP)
Paragraph 3 a (new)
Amendment 60 #
2019/2824(RSP)
Paragraph 4
4. Welcomes, in this regard, the commitments, made by Ursula von der Leyen in the political guidelines for the next European Commission 2019-2024 and in the mission letter to the Commissioner for Environment and Oceans, to present a Biodiversity Strategy for 2030 as part of the European Green Deal, and her intention for the EU to lead the world at the 2020 Conference of the Parties to the CBD, as it did at the 2015 Paris Climate Conference;
Amendment 87 #
2019/2824(RSP)
Paragraph 12
12. Underlines the need to increase ambition and functioning for the post-2020 global biodiversity framework; calls on the Commission and Member States to strengthen the implementation mechanisms of the CBD, to actively pursue the development of clear performance indicators, tracking instruments and peer review/reporting mechanisms to improve the transparency and accountability for Parties and the overall effectiveness of the next Biodiversity Strategy Plan;
Amendment 92 #
2019/2824(RSP)
Paragraph 13
13. Highlights that an international framework in the form of a legally binding agreement is needed to protect global biodiversity, to stop its current decline and to restore all aspects of biodiversity; believes that such a framework should have a clear goal and be based on specific, measurable including quantifiable, ambitious, realistic and time- bound targets and firm commitments, comprising of Nationally Determined Contributions for Biodiversity (NDCBs) and other appropriate instruments, financial commitments and improved capacity building assurances, as well as a 5-yearly monitoring and review mechanism, with an emphasis on an upward trajectory of ambition; highlights the need for regular reporting by the Parties and a harmonised collection and treatment of comparable and consistent data and indicators for a good monitoring process;
Amendment 113 #
2019/2824(RSP)
Paragraph 16
16. Highlights the necessity of appropriate financing for biodiversity; underlines that biodiversity proofing in the next Multiannual Financial Framework and mainstreaming biodiversity across policy areas will have a significant and positive effect on reaching the 2050 Vision; calls on the Commission and the Council to set up a clear target for biodiversity mainstreaming of minimum 10% in the MFF that is additional to the spending on climate mainstreaming; emphasises also the need to establish a more transparent, comprehensive and stringent methodology for the tracking of biodiversity and climate expenditure; reiterates its calls to at least double the current funding of LIFE Programme; calls also for the phase out of harmful subsidies;
Amendment 126 #
2019/2824(RSP)
Paragraph 17
17. Calls on the Commission and the Member States to promote the establishment of new international financial mechanisms for biodiversity conservation linked to the CBD; callsnotes that economic activities can be important drivers of global biodiversity decline and loss of natural capital; calls therefore on businesses and financial organisations to make and share strong commitments and contributions to biodiversity, including by biodiversity-proofing their activities, and highlights the importance of leveraging private financing initiatives in this regard; regrets the inconsistency of data set on finance flows for biodiversity that come from domestic and international public and private sources, that puts at risk the tracking and reporting systems and negatively affects any potential reform;
Amendment 137 #
2019/2824(RSP)
Paragraph 19 a (new)
19 a. Points out that international organisations such as the International Monetary Fund (IMF), the UN Environment Program and the OECD agree that environmental taxation is an essential tool in addressing environmental challenges such as biodiversity loss; welcomes initiatives such as the Green Fiscal Policy Network of the UN Environmental Programme and the International Monetary Fund (IMF) to facilitate knowledge sharing and dialogue on green fiscal reform; draws attention to the Aichi target 3 and the need of positive incentives for the conservation and sustainable use of biodiversity as well as on SDG 15 and the need to mobilise and significantly increase financial resources from all sources to conserve and sustainably use biodiversity and ecosystems; highlights therefore the potential of fair environmental taxation that is in line with the polluter pays principle as a way to reduce damage to the environment and generate financial resources for nature protection; calls on the EU and its Member States to increase the use of environmental taxation;
Amendment 151 #
2019/2824(RSP)
Paragraph 21
21. Notes however the negative impact of intensive agriculture and pesticide use on biodiversity; calls ontherefore on the Commission and the Parties to undertake strong commitments towards sustainable agriculture and forestry, including requirements for the sustainable use of plant protection products and their reduction as well as strategies to ensure the protection of soil and habitats; calls on the Commission to propose an ambitious EU-wide binding target for the reduction of pesticide use and on the Commission, Member States and regional governments to increase support to the agriculture and forestry sectors in the transition to sustainable practices;
Amendment 160 #
2019/2824(RSP)
Paragraph 21 a (new)
21 a. Recalls that according to the Communication of the Commission on Stepping up EU Action to Protect and Restore the World's Forests, forests are indispensable for our Planet’s life-support systems, covering 30% of the Earth’s land area and hosting 80% of its biodiversity; stresses that deforestation is a major cause of biodiversity decline; expresses its concern on the impact of EU consumption on deforestation as the EU is the final consumer of 10% of the products associated with deforestation; calls on the Commission to propose a comprehensive set of measures to reduce the EU consumption footprint on land, including legislation that ensures deforestation-free supply chains;
Amendment 188 #
2019/2824(RSP)
Paragraph 24 a (new)
24 a. Points out that conservation and protected areas are necessary to safeguard biodiversity, and the benefits that humans derive from nature as well as for combatting climate change; calls on the EU to push during the negotiations for an increased level of ambition with 30 percent of the planet to be protected by 2030 and potentially having half the planet protected by 2050, thereby going beyond the Aichi Biodiversity Targets of protecting 17 percent of terrestrial and inland water areas and 10 percent of coastal and marine areas by 2020;
Amendment 194 #
2019/2824(RSP)
Paragraph 25
25. Recalls the importance of innovation, research and development in order to achieve the objectives of the 2050 Vision; calls on the Commission and the Council to increase the budget allocation for Horizon Europe to 120 billion in the next MFF, to benefit in particular the cluster on natural resources, and to launch a mission on protection and restoration of biodiversity within Horizon Europe; calls on the Parties to focus in particular on the links between biodiversity preservation and benefits to human health and economic well-being, and to coordinate data collection measures;
Amendment 202 #
2019/2824(RSP)
Paragraph 27
27. Stresses the importance of education to raise awareness on biodiversity and the protection of the environment;
Amendment 205 #
2019/2824(RSP)
Paragraph 28
28. Stresses that capacity building and awareness-raising are key for a successful implementation and to create greater understanding of the importance of biodiversity; therefore welcomes the COP14 decision which invites parties, other governments, and donors in a position to do so, to provide financial resources for capacity building, technical assistance, and technology transfer;
Amendment 210 #
2019/2824(RSP)
Paragraph 30 a (new)
30 a. Considers that transformative changes in societies are needed to tackle climate change, degradation of the environment and loss of biodiversity; stresses the importance of following the principle of a just transition ensuring that the process is inclusive and equitable;
Amendment 1 #
2019/2814(RSP)
Citation 1 a (new)
– having regard to Article 13 TFEU, which stipulates that, in formulating and implementing Union policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to their welfare requirements,
Amendment 2 #
2019/2814(RSP)
Citation 1 b (new)
– having regard to Article 13 TFEU on animal sentience and on paying full regard to animal welfare requirements when formulating and implementing the Union’s policies,
Amendment 3 #
2019/2814(RSP)
Citation 1 c (new)
Amendment 4 #
2019/2814(RSP)
Citation 1 d (new)
– having regard to Article 169 TFEU on consumer protection measures,
Amendment 5 #
2019/2814(RSP)
Citation 1 e (new)
– having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases (Animal Health Law) and the delegated and implementing powers conferred on the Commission,
Amendment 6 #
2019/2814(RSP)
Citation 1 f (new)
– having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 (‘Animal Health Law’) and to the powers granted to adopt delegated and implementing acts,
Amendment 7 #
2019/2814(RSP)
Citation 2
– having regard to Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/20032 and Commission Implementing Regulation (EU) No 577/2013, _________________ 2 OJ L 178, 28.6.2013, p. 1.
Amendment 8 #
2019/2814(RSP)
Citation 3
Amendment 9 #
2019/2814(RSP)
Citation 5
Amendment 10 #
2019/2814(RSP)
Citation 5 a (new)
Amendment 11 #
2019/2814(RSP)
Citation 8 a (new)
– having regard to the study on the welfare of dogs and cats involved in commercial practices financed by the European Commission (SANCO 2013/12364),
Amendment 12 #
2019/2814(RSP)
Citation 8 b (new)
– having regard to the outcomes of the EU Coordinated Control Plan on online sales of dogs and cats3a, _________________ 3aEuropean Commission (2019). The EU coordinated control plan for the official controls on online sales of dogs and cats: Analysis of the results: https://ec.europa.eu/food/animals/welfare/ other_aspects/online_dog-cat_en
Amendment 13 #
2019/2814(RSP)
Citation 8 c (new)
– having regard to the EU Coordinated Control Plan on online sales of dogs and cats,
Amendment 14 #
2019/2814(RSP)
Recital A
A. whereas a significantnon-governmental organisations, law enforcement services, competent authorities and veterinarians have shown evidence of the growing number of companion animals that are illegally traded across Member States, often by organised crime networks, through the deliberatewidespread misuse of Regulation (EU) No 576/2013, which is intended for the non- commercial movements of pet animals, when they should be transported under Council Directive 92/65/EEC, through evasion of controls and document falsification;
Amendment 18 #
2019/2814(RSP)
Recital B a (new)
Ba. whereas many adverts offering animals for sale online come from illegal sources;
Amendment 19 #
2019/2814(RSP)
Recital C
C. whereas no common rules exist at the EU level concerning the breeding of companion animals and differences between Member States in breeders’ standards of animal welfare have led to big differences in prices of companion animals on the internal market, which is exploited by illegal traders;
Amendment 23 #
2019/2814(RSP)
Recital D
D. whereas the illegal breeding of cats and dogs is often kept as cost-efficient as possible and happens in terrible conditions; whereas puppies are often separated from their mothers much too early, are poorly socialised, prone to disease and subjected to long journeys across the EU in cramped and filthy conditions with no food, water, or air-conditioning, and no breaks;
Amendment 26 #
2019/2814(RSP)
Recital E
E. whereas pet passports are often counterfeited with veterinarians involved in this illegal practice; , despite improvements, major concerns still remain in terms of pet passports, such as the age verification for individual animals and the possibility to change passports; whereas pet passports are often counterfeited with veterinarians involved in this illegal practice, making controls and investigations more complex4a; _________________ 4aSee FOUR PAWS Report of 2013 “Puppy trade in Europe” http://www.carodog.eu/wp- content/uploads/2014/10/REPORT_EUR OPEAN_PUPPY_TRADE2.pdf
Amendment 38 #
2019/2814(RSP)
Recital H
H. whereas a very common method used to purchase companion animals in the EU is now through online classified adverts, followed closely by social media;5 whereas consumers who purchase companion animals via online advertisements have little protection of their rights, whether at national or EU level; whereas unaccountedhigh numbers of illegally bred companion animals are sold on markets in Member States or directly out of cars along the internal borders of the EU; _________________ 5 EU Dog & Cat Alliance + Blue Cross (2017). Online Pet Sales in the EU: What’s the cost? https://s3-eu-west- 1.amazonaws.com/assets.dogandcatwelfare .eu/live/media/publicationtemp/12195_- _EU_Pet_sales_report_spreads.pdf
Amendment 39 #
2019/2814(RSP)
Recital H a (new)
Ha. whereas 65% of the respondents do not think the Internet is safe for its users and 90% agree that online hosting services should immediately remove content flagged as illegal by public or law enforcement authorities; whereas six in ten Internet users use an online social network at least once a week and most Internet users also use online market places at least occasionally, with 30% using them at least once a week; whereas 69% of internet users in the EU buys online with numbers increasing on an annual basis also when it comes to animals1a; _________________ 1a Flash Eurobarometer 464/2018 Report Illegal content online: http://ec.europa.eu/commfrontoffice/publi copinion/index.cfm/ResultDoc/download/ DocumentKy/83669
Amendment 40 #
2019/2814(RSP)
Recital H a (new)
Ha. whereas mistreatment of companion animals, including animals bred, kept and sold for the purpose of becoming pets in households, companion animals used for entertainment, sport and work like greyhounds and galgos, and stray animals remains a huge concern for many citizens; whereas (better) identification and registration of pets can be a useful tool in the battle against animal abuse;
Amendment 42 #
2019/2814(RSP)
Recital H a (new)
Ha. whereas more than 70% of the new diseases that have emerged in humans over recent decades are of animal origin, and animals commonly kept as pets are carrier hosts of 41 zoonoses, including rabies5a; _________________ 5aMichael J. Day et al (2012). Surveillance of Zoonotic Infectious Disease Transmitted by Small Companion Animals: https://wwwnc.cdc.gov/eid/article/18/12/12 -0664_article
Amendment 43 #
2019/2814(RSP)
Recital H b (new)
Hb. whereas pet animals of the species listed in Part A of Annex I of Regulation (EU) No 576/2013 may not be moved from one Member State to another Member State, unless they are marked by implantation of a transponder; whereas there is no requirement for harmonised mandatory identification of cats and dogs that stay within national borders and are not being moved to other Member States; whereas there are cats and dogs in Member States that remain unidentified and unregistered;
Amendment 45 #
2019/2814(RSP)
Recital H b (new)
Hb. whereas the EU Coordinated Control Plan (CCP) on online sales of dogs and cats indicated inconsistency between activities and trader's status for 42% of controlled advertisements1b; _________________ 1bEU Coordinated Control Plan on online sales of dogs and cats: https://ec.europa.eu/food/sites/food/files/a nimals/docs/reg- com_ahw_20190612_asf_aw-control- coord-plan-sale-dog-cats_eur.pdf
Amendment 46 #
2019/2814(RSP)
Recital H b (new)
Hb. whereas some classified ads websites are starting to adopt, on a voluntary basis, stricter rules to verify the identity of online sellers and improve the welfare of the animals;
Amendment 47 #
2019/2814(RSP)
Recital H c (new)
Hc. whereas the majority of Member States already have a certain level of requirements for the identification and registration of cats and dogs; whereas identification requirements for cats, dogs and ferrets are not harmonised resulting in misuse of country codes, duplicate and incorrect codes among others6a;whereas most registration databases are not interconnected and therefore limit traceability in the EU; _________________ 6aSee FOUR PAWS Report of 2016 “Identification, vaccination and movement of dogs and cats in the EU: How to improve the Pet Passport and TRACES systems?”http://www.lawyersforanimalpro tection.eu/wp- content/uploads/2016/07/INSIDE-1.pdf
Amendment 50 #
2019/2814(RSP)
Paragraph -1 (new)
-1. Stresses that the illegal trade in dogs and cats not only has catastrophic repercussions in terms of animal welfare but also poses risks in terms of public health and consumer protection;
Amendment 53 #
2019/2814(RSP)
Paragraph 1
1. Emphasises that the EU-wide harmonised system of mandatory identification and registration of cats and dogs is a crucial and necessary first step in the fight against illegal trade, and that registration and identification are key conditions for control, enforcement, and traceability;
Amendment 56 #
2019/2814(RSP)
Paragraph 2
2. Urges the European Commission to come forward, via afully use its delegated actpowers under the Animal Health Law,rticles 109 and 118 of the Animal Health Law and come forward with a proposal for detailed, compatible systems for the means and methods of identification and registration of cats and dogs isetting minimum threshold of required information for individual animal identification and establishing rules for the exchange of electronic data between databases in the Member States, which should be interconnected by the end of this legislative term;
Amendment 58 #
2019/2814(RSP)
Paragraph 2
2. Urges the European Commission to come forward, via a delegated act under the Animal Health Law’s Articles 109 and 118, with a proposal for detailed, EU-wide compatible systems for the means and methods of identification and registration of cats and dogs in databases in the Member States, which should be interconnected;
Amendment 61 #
2019/2814(RSP)
Paragraph 3 a (new)
3a. Calls on the Member States to introduce policies with the aim of marking and registering all cats and dogs by default in the battle against animal abuse;
Amendment 62 #
2019/2814(RSP)
Paragraph 3 b (new)
Amendment 63 #
2019/2814(RSP)
Paragraph 4
4. Calls on the European Commission to draw up a cross-sectorial EU Action Plan to address the illegal trade in companion animals in the EU; considers that the Action Plan should take on board the views of the European Parliament, Member States and the relevant stakeholders and should clearly define the responsibilities of all stakeholders and decision-makers, including the Member States, the European Commission, border, customs and veterinary authorities, veterinarians and civil society organisations;
Amendment 64 #
2019/2814(RSP)
Paragraph 4 a (new)
4a. Calls on the Commission and Member States to build on the results of the EU Coordinated Control Plan on online sales of dogs and cats and define precise measures to address the illegal online pet trade.
Amendment 72 #
2019/2814(RSP)
Paragraph 9
9. Is of the opinion that the illegal trafficking of companion animals could be curbed byCalls on the Member States to improvinge law enforcement and to toughening sanctions against economic operators, veterinarians and national public serviccompetent authorities - from source, transit and destination countries - who supply counterfeit pet passports in order to curb the illegal trafficking of companion animals efficiently;
Amendment 74 #
2019/2814(RSP)
Paragraph 9 a (new)
9a. Calls on the Member States to apply financial penalties according to Regulation (EC) 882/2004 that outweigh the benefit sought by economic operators including breeders and sellers advertising animals online in return for economic gain and in violation of EU and national legislation;
Amendment 76 #
2019/2814(RSP)
Paragraph 10
10. Calls on the Commission and the Member States to develop strategies for regulation or self-regulation of online companion animal adverts in order to stop misleading advertising and to better control the online sale of cats and dogs;
Amendment 77 #
2019/2814(RSP)
Draft motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to introduce mandatory requirements for online platforms to conduct minimum validation checks of the identity of the users advertising pets for sale online; underlines that any potential revisions within the respective legislative framework must lead to the better protection of consumers and animals;
Amendment 85 #
2019/2814(RSP)
Paragraph 12
Amendment 86 #
2019/2814(RSP)
Paragraph 13
13. Calls on the Commission to propose consistent and enforceable breeding rules for companion animals to be put in place across the EUmmon standards for the breeding and marketing of cats and dogs to be put in place across the EU with the aim to avoid the mis-selling thereof and unfair commercial practices, limit the continuation of breed-specific health and welfare issues and to establish a level- playing field for economic operators;
Amendment 93 #
2019/2814(RSP)
Paragraph 18 a (new)
18a. Welcomes the results delivered within the EU Platform on Animal Welfare and the Voluntary Initiative Subgroup on Health and Welfare of Pets in Trade; calls for the inclusion of the European Parliament and for balanced representation of civil society, competent authorities, businesses and scientists in the future work on animal welfare at the EU level, as well as for sufficient level of resources in order to ensure optimal progress;
Amendment 94 #
2019/2814(RSP)
Paragraph 19
19. Considers that there is an urgent need for good cooperationalls on the Commission and Member States to build on and disseminate the outputs of the Voluntary Initiative Subgroup on Health and Welfare of Pets in Trade in the framework of the EU Platform on Animal Welfare and adopt measures to address the illegal trade in companion animals in forthcoming legislative and non- legislative work by 2024; considers that there is an urgent need for active cooperation and exchange of best practices between all Member States;
Amendment 95 #
2019/2814(RSP)
Paragraph 19
19. Considers that there is an urgent need for goodswift cooperation between Member States;
Amendment 96 #
2019/2814(RSP)
Paragraph 19 a (new)
Amendment 99 #
2019/2814(RSP)
Paragraph 21
21. Considers thatalls on the Commission to put forward measures including the use of technologies and tailor-made training forto better equip customs and veterinary authorities to detect the smuggling of companion animals should be promoted and improved;
Amendment 100 #
2019/2814(RSP)
Paragraph 21 a (new)
21a. Calls on the Commission and Member States to build on the recommendations of the EU Coordinated Control Plan on online sales of dogs and cats through the development of partnerships between authorities, databases, websites and animal welfare organisations to come up with a precise measures against the misleading advertising and illegal online trade of dogs and cats;
Amendment 101 #
2019/2814(RSP)
Draft motion for a resolution
Paragraph 22
Paragraph 22
22. Recognises the important role played by animal protection associations and NGOs in the fight against the illegal trafficking of companion animals; calls furthermore, on Member States to provide animal rescue centres and animal protection associations/NGOs with adequate financial and other material and non-material support;
Amendment 103 #
2019/2814(RSP)
Paragraph 22 a (new)
Amendment 104 #
2019/2814(RSP)
Paragraph 23 a (new)
23a. Highlights the fact that there are already existing national and in some cases regional databases containing identification information on companion animals; considers that these should be used as compatible and interoperable systems interconnected between each other to allow traceability across the EU;
Amendment 105 #
2019/2814(RSP)
Paragraph 23 b (new)
23b. Highlights that Member States should ensure staff at the borders are adequately trained in the procedures and rules that apply for the importation of companion animals from listed and unlisted third countries and are enforcing these rules;
Amendment 106 #
2019/2814(RSP)
Paragraph 24
24. Calls on the Member States to carry out more awareness-raising campaigns to encourage buyers to adopt rather thaninform citizens about the negative effects of the illegal trade in companion animals and to purchase only companion animals that have been bred, kept and traded in a responsible manner and with due concern for animal welfare;
Amendment 1 #
2019/2712(RSP)
Citation 12
— having regard to the Intergovernmental Panel on Climate Change (IPCC) special report entitled ‘Global Warming of 1.5°C’, its fifth assessment report (AR5) and its synthesis report, and the Global Commission on Adaptation’ report on Adaptation (GCA), the IPCC special report on Climate Change and Land, and the IPCC special report on the Ocean and Cryosphere in a Changing Climate;
Amendment 8 #
2019/2712(RSP)
Citation 15 a (new)
- having regard to the Solidarity and Just Transition Silesia Declaration, signed at the side lines of the COP24 climate conference,
Amendment 69 #
2019/2712(RSP)
Paragraph 7
7. Stresses that the IPBES 2019 Global Assessment Report on Biodiversity and Ecosystem Services, the IPCC Special Report on Climate Change and Land (SRCCL), the IPCC special report on the Ocean and Cryosphere in a Changing Climate (SROCC) and the Global Commission on Adaptation’ report on Adaptation (GCA) recognises climate change as one of the main direct drivers of biodiversity loss during the past 50 yearsand land degradation, and underlines that its negative effects on nature and biodiversity, eco-systems services, oceans and food security are projected to become increasingly important in the next decades;
Amendment 81 #
2019/2712(RSP)
Paragraph 8
8. Calls on all Parties to contribute constructively to the process to be put in place towards 2020 when NDCs need to be updated so as to ensure their compatibility with the long-term temperature goal of the Paris Agreement; acknowledges that current pledges are not yet sufficient to reach the goals of the Agreement; stresses, therefore, that global GHG emissions should peak as soon as possible and that all Parties, especially the EU and all G20 nations, should step up their efforts and update their NDCs by 2020; early 2020 as the Paris Agreement foresees;
Amendment 93 #
2019/2712(RSP)
Paragraph 10
10. Calls on the country holding the EU Presidency and the Commission to submit to the UNFCCC as soon as possible the Union’s long-term strategy to reach domestic net-zero emissions inas early as possible and the latest by 2050; stresses that in order to reach domestic net- zero GHG emissions in 2050 in the most cost- efficient manner, and in order to avoid relying on carbon removal technologies that would entail significant risks for ecosystems, biodiversity and food security, the 2030 ambition level will need to be raised; believes it to be of the utmost importanceregrets that the UN Climate Summit was a missed opportunity for the EUnion to send a clear message during the UN Climate Summit in September 2019 that it stands ready to enhance its contribution tot higher ambitions and show leadership for the achievement of the Paris Agreement.;
Amendment 103 #
2019/2712(RSP)
Paragraph 11
11. Supports an update of the Union’s NDC; calls, therefore, on EU leaders to support an increase in the level of ambition of the Union’s NDC with an economy-wide target of 55 % domestic GHG emission reductions by 2030 compared to 1990 levels; calls, therefore, on EU leaders to support an increase in the level of ambition of the Union’s NDC; considers that this is to be done in combination with enshrining in EU law the target to reach carbon neutrality as soon as possible and at the latest by 2050; calls also on other global economies to update their NDCs to bring about global effects;
Amendment 108 #
2019/2712(RSP)
Paragraph 11 a (new)
11a. Stresses that in order to reach the Paris Agreement objectives, we need concrete implementing measures and enforcement at national and EU level;
Amendment 109 #
2019/2712(RSP)
Paragraph 11 b (new)
11b. Emphasises that all climate policies have to be pursued following the principle of a just transition, in close cooperation with civil society and social partners; believes, therefore, that strengthened social partnership and civil society engagement at national and EU level is a necessary condition to achieve carbon-neutrality of all sectors of society in a fair, inclusive and socially sustainable manner; is of the opinion that nature-based solutions, the restoration and conservation of ecosystems and biological diversity is vital as enabler of climate change mitigation and adaptation;
Amendment 121 #
2019/2712(RSP)
Paragraph 13
13. Recognises the achievements of the COP24 in Katowice, which reinforced the momentum for climate action, and with the completion of the Paris Agreement Work Program (the Katowice Rulebook), delivered operational guidance for the Paris Agreement; notes however, that some unfinished business from Katowice must be completed at COP25, namely on Article 6 mechanisms; considers in addition that several implementation decisions will need to be taken at COP25, specifically in the areas of mitigation, adaptation, transparency and support; looks forward to a successful outcome of the Review of the Warsaw International Mechanism on Loss and Damage at COP25 as well as the outcomes on the negotiations on the Gender Action Plan at COP25; recognises that there will be further discussions to agree common timeframes at COP25;
Amendment 129 #
2019/2712(RSP)
Paragraph 15
15. Calls on the Commission and the Member States to advocate for strict and robust international rules relating to Article 6 of the Paris Agreement to prevent loopholes in accounting or double counting of emission reductions; expresses concern at the potential use towards NDC targets of units issued under the Kyoto Protocol as this would seriously deteriorate the environmental integrity of the future mechanisms established under Article 6; supports a share of proceeds from the Article 6 mechanism(s) going towards supporting the underfunded Adaptation Fund;
Amendment 146 #
2019/2712(RSP)
Paragraph 19
19. Reiterates that adaptation action is an inevitable necessity for all countries if they are to minimise negative effects of climate change and make full use of the opportunities for climate-resilient growth and sustainable development; stresses the need to develop systems and tools to keep track of progress and effectiveness of national adaptation plans and actions; calls on Member States to strengthen their national energy and climate plans and bring them in line with the Paris Agreement goals;
Amendment 148 #
2019/2712(RSP)
Paragraph 19 a (new)
19a. Recognises that climate change is not a localised challenge and that climatic impacts outside the EU have implications within the EU as well; for instance, hurricanes, droughts, floods and forest fires have the potential to impact EU food and water security, as well as the supply chains of services and goods; calls on the Commission and the Member States to prioritise scaling-up international climate finance for adaptation, to equal climate finance for mitigation, and also provide climate finance for loss and damage;
Amendment 160 #
2019/2712(RSP)
Paragraph 21 a (new)
21a. Stresses the importance of the replenishment process of the Green Climate Fund and encourages Member States to at least double their contributions for the initial resource mobilisation in USD value;
Amendment 161 #
2019/2712(RSP)
Paragraph 21 b (new)
21b. Stresses the importance of operationalising the global goal on adaptation and of mobilising major new funds for adaptation in developing countries; calls for the EU and its Member States to commit to a significant increase in the adaptation finance they provide; recognises the need for progress also on the issue of loss and damage, for which additional resources should be raised through innovative sources of public finance using the Warsaw International Mechanism;
Amendment 165 #
2019/2712(RSP)
Paragraph 22
22. Stresses that the EU’s budget should be coherent with its international commitments on sustainable development and with its mid- and long-term climate and energy targets and should not be counterproductive to these targets or hampering their implementation; calls therefore on the Commission to put forward, where applicable, harmonised and binding rules on climate and biodiversity proofing of EU investments; calls on the European Investment Bank to put a rapid end to lending to fossil fuel projects and asks the EU Member States to end all export credit guarantees to fossil fuel projects; calls for specific public guarantees in favour of green investments, labels and fiscal advantages for green investment funds and for issuing green bonds;
Amendment 182 #
2019/2712(RSP)
Paragraph 23 a (new)
23a. Reminds the parties of the need to allocate sufficient resources to move from commitments to actions and to implement the necessary measures to achieve the Paris Agreement objectives; supports the new momentum for introducing a carbon adjustment mechanism at the European borders for imports to the EU in order to create a level playing field of international trade and avoid carbon leakage; calls, therefore, on the European Commission and the Member States to introduce a fair and progressive carbon taxation as soon as possible;
Amendment 187 #
2019/2712(RSP)
Paragraph 23 b (new)
23b. Underlines that in the course of the sustainable energy transition, the problem of energy poverty needs to be tackled by strengthened energy consumers’ rights and information, enhanced energy efficiency measures in buildings, especially for low-income households, and through social policies;
Amendment 188 #
2019/2712(RSP)
Paragraph 23 c (new)
23c. Believes that democratisation of the energy system is crucial for the sustainable energy transition to be successful; calls, therefore, on improving citizens’ rights and abilities to participate in the production of safe and clean energy;
Amendment 192 #
2019/2712(RSP)
Paragraph 24
24. Expresses its satisfaction with the growing global mobilisation of an ever- broader range of non-state actors committed to climate action with concrete and measurable deliverables; highlights the critical role of civil society, the private sector and sub-state governments in pressurising and driving public opinion and state action; and in sharing knowledge and best practices on the development and implementation of mitigation and adaptation measures; calls on the EU, the Member States and all Parties to stimulate, facilitate and engage with non-state actors, who increasingly become frontrunners in the fight against climate change;
Amendment 195 #
2019/2712(RSP)
Paragraph 24 a (new)
24a. Stresses in this light also the role of the private sector, including corporations and the financial markets, to contribute to sustainability goals: welcomes the efforts to introduce legislation on the sustainability of finance and urges the Commission to introduce transparency and accountability for investee companies, especially when it comes to undermining sustainability and human rights in developing countries;
Amendment 204 #
2019/2712(RSP)
Paragraph 26 a (new)
26a. Emphasises that young people and future generations bear the disproportionate burden of climate consequences; demands, therefore, better inclusion in climate policy decision- making of young people at local, regional, national and EU level;
Amendment 223 #
2019/2712(RSP)
Paragraph 29
29. Expresses concern about the level of ambition of ICAO’s Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) given the ongoing work on the standards and recommended practices meant to implement the scheme from 2019; stresses that further dilution of the CORSIA scheme is unacceptable; calls upon the Commission and the Member States to do their utmost in strengthening CORSIA’s provisions and in supporting the adoption of a long-term goal to significantly reduce in-sector emissions of the aviation sector; in this vein also points to the necessity to address non-carbon GHG from aviation in any European or international scheme;
Amendment 239 #
2019/2712(RSP)
Paragraph 32
32. Notes that approximately 60 % of the world’s methane is emitted by sources such as agriculture, landfills and wastewater, and the production and pipeline transport of fossil fuels; recalls that methane is a potent GHG with a 100- year global warming potential, 28 times more powerful than CO2 ; reminds the Commission of its legal obligation to explore as soon as possible policy options for rapidly addressing methane emissions as part of a Union strategic plan for methane, and to present legislative proposals to Parliament and the Council to that effect within the first half of their mandate;
Amendment 259 #
2019/2712(RSP)
Paragraph 33
33. Strongly supports the continuation and further strengthening of the Union’s political outreach and climate diplomacy, which is essential for raising the profile of climate action in partner countries and global public opinion; encourages the Commission and the Member States to approach EU climate diplomacy in a holistic manner by incorporating the interlinkages between climate change and the following areas: sustainable development, agriculture, conflict resolution, migration and humanitarian concerns in order to facilitate the global transition towards net zero emissions, climate resilience, sustainable development and food and water security.
Amendment 262 #
2019/2712(RSP)
Paragraph 33 a (new)
33a. Calls upon the Commission and the Member States to make use of all available instruments (e.g. international negotiations, trade and regional agreements, international partnerships) to help promote and foster cooperation in the global transition towards net zero emissions, climate resilience, sustainable development and food and water security;
Amendment 267 #
2019/2712(RSP)
Paragraph 34 a (new)
34a. Believes that displacement due to climate change-induced consequences should be recognised as a ground for asylum and international protection;
Amendment 271 #
2019/2712(RSP)
Paragraph 35
35. Stresses the need to mainstream climate ambition into all EU policies, including trade policy; calls on the Commission to ensure that all new trade and investment agreements signed by the EU are fully compatible with the Paris Agreement and that environmental and climate provisions are legally binding and enforceable; asks the Commission to carry out and publish a comprehensive assessment of the consistency of the existing and forthcoming agreements with the Paris Agreement;
Amendment 1 #
2019/2206(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to Articles 1, 2, 3, 4, and 18, 19 and 47 of the Charter of Fundamental Rights of the European Union,
Amendment 7 #
2019/2206(INI)
Motion for a resolution
Citation 4
Citation 4
— having regard to Articles 2, 3, 5, 8 and 813 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR),
Amendment 10 #
2019/2206(INI)
Motion for a resolution
Citation 12
Citation 12
— having regard to the judgements of the European Court of Human Rights related to Regulation (EU) No 604/2013, and in particular Sharifi v. Austria of 5 December 2013 (Chamber judgment), Mohammadi v. Austria of 3 July 2014 (Chamber judgment), Sharifi and Others v. Italy and Greece of 21 October 2014 (Chamber judgment), and Tarakhel v. Switzerland of 4 November 2014 (Grand Chamber judgment), and ECtHR - M.S.S. v Belgium and Greece [GC]; Application No. 30696/09, Judgement of 21 November 2011, related to Regulation (EC) No 343/2003 of 18 February 2003 (Dublin II)
Amendment 13 #
2019/2206(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
— having regard to the European Parliament Resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to Migration (2015/2095(INI));
Amendment 14 #
2019/2206(INI)
Motion for a resolution
Citation 27 b (new)
Citation 27 b (new)
— having regard to the ECJ judgement of the 2 April 2020 on the joined cases C-715/17, C-718/17 and C- 719/17 Commission v Poland, Hungary and the Czech Republic;
Amendment 20 #
2019/2206(INI)
Motion for a resolution
Recital A
Recital A
A. whereas 2.5 million people applied for asylum in the European Union in the period 2015-2016, a fourfold increase compared to 2012-2013714,200 asylum applications were lodged in the EU in 2019;
Amendment 41 #
2019/2206(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in the case of most asylum applications, the set of hierarchical criteria and the deadlines laid down as part of Dublin procedures are not met and transfers are not carried out;
Amendment 43 #
2019/2206(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas studies on the implementation of the Dublin III Regulation highlight systematic disregard towards family provisions and incorrect application of the principle of the best interest of the child, which have resulted in unnecessary and unreasonable transfer procedures;
Amendment 46 #
2019/2206(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the provisions on dependent persons (article 16) and the discretionary clauses (article 17) could be widely used to support family unity;
Amendment 48 #
2019/2206(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Amendment 51 #
2019/2206(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas the preventive action provision of the Dublin III Regulation (Article 33) has never been used;
Amendment 53 #
2019/2206(INI)
Motion for a resolution
Recital C e (new)
Recital C e (new)
Amendment 55 #
2019/2206(INI)
Motion for a resolution
Recital C f (new)
Recital C f (new)
Cf. whereas implementation of the Dublin III Regulation does not effectively address secondary movements which are largely due to asylum seekers' social- connections with specific countries, protection-based concerns, health reasons and systemic deficiencies in the asylum systems where application are made;
Amendment 56 #
2019/2206(INI)
Motion for a resolution
Recital C g (new)
Recital C g (new)
Cg. whereas Article 28 of the Dublin Regulation allows detention as an exceptional measure "to secure transfer procedures", where there is "significant risk of absconding" of the applicant; whereas this definition remains unclear and the interpretation varies from a Member State to another;
Amendment 59 #
2019/2206(INI)
Motion for a resolution
Recital C h (new)
Recital C h (new)
Ch. whereas the use of detention and coercive transfers raises concerns with respect to asylum seekers' right to liberty, dignity and physical integrity;
Amendment 62 #
2019/2206(INI)
Da. whereas some of the flaws are inherent in the design of the Regulation and cannot be solved through better implementation alone;
Amendment 78 #
2019/2206(INI)
Motion for a resolution
Subheading 1
Subheading 1
Incorporating the principle of solidarity into the management of asylum seekersDublin Regulation
Amendment 79 #
2019/2206(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 98 #
2019/2206(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that the Dublin System, and in particular the first country of irregular entry criterion places a significant burden on a minority of Member states;
Amendment 99 #
2019/2206(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Urges the EU to establish an automatic, permanent and mandatory relocation mechanism ensuring the full respect of the principle of solidarity and fair sharing of responsibility enshrined in art.80 of TFEU; including for those rescued at sea;
Amendment 109 #
2019/2206(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that ad hoc agreements are no substitute for a harmonised and sustainable policy at EU levelCommon European and Asylum System; deplores the fact that efforts to overhaul the Dublin III Regulation have been blocked in the Council;
Amendment 117 #
2019/2206(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the crisis management tool provided for in Article 33 did not provide effective support to the Member States, nor did it offer a response to the consequences of the COVID-19 crisis; considers that a solidarity-based crisis management mechanism, endowed with a financial instrument managed by the Commission,mechanism for early warning, preparedness and crisis management as set out in Article 33 has not been applied to date, considers that a solidarity-based mechanism in the EU should be established to ensure continuity of the right of asylum in the EU uander the best possible conditions not to hinder arrivals and deflect responsibility; emphasizes that the protection of fundamental rights of asylum applicants should always remain at the centre of this mechanism; also notes that the provisions set out in the Temporary Protection Directive has yet to be invoked;
Amendment 124 #
2019/2206(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that such a mechanism should allow for the participation of civil society organization providing professional assistance to people in need of international protection during the assessment of their asylum application, particularly of legal nature;
Amendment 130 #
2019/2206(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to makexpand the use of the discretionary clause in Article 17 when exceptional, to address challenging situations and humanitarian circumstances so warrant,, as for example to relocate and provide decent reception conditions to asylum seekers currently living in the Greek hotspots in an atmosphere of extreme tension and to provide decent receptioninhumane, degrading, unsanitary and unsafe conditions;
Amendment 134 #
2019/2206(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Takes the view that provisions on family unity, which are the first in the hierarchy of criteria, should be efficiently implemented, and that provisions on dependent persons (article 16) and the discretionary clauses (article 17) should be used more widely to support family unity;
Amendment 136 #
2019/2206(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. In the absence of a permanent solidarity mechanism, supports the expanded use of discretionary clauses of Article 17 as a solidarity tool for responsibility sharing in particular in situations of large number of spontaneous arrivals and in the specific context of sea arrivals and disembarkation procedures;
Amendment 140 #
2019/2206(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 155 #
2019/2206(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights the significant operational backing for Dublin proceduresand technical support provided by the European Asylum Support Office (EASO) in the hotspotto Member States; calls on the Commission and the Member States to facilitate the work of EASO staff by allowing interviews in a language other than that of the country in which they are conductedand the Commission to increase assistance to Member States, especially those at the border of the EU; calls for the establishment of a European Asylum Agency, with sufficient financial and human resources, supporting Member States with Dublin procedures;
Amendment 159 #
2019/2206(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to monitor that interviews are conducted in the language of the asylum seeker or in a language that the applicant is reasonably supposed to understand;
Amendment 161 #
2019/2206(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. PDeplores that the rights of asylum seekers, including that to legal assistance, are often neglected when implementing the Dublin III Regulation, points out that the protection of fundamental rights must be at the heart of the measures taken to implementEU asylum policies and of the implementation process of the Dublin III Regulation, including the protection of childrenminors, victims of trafficking, victims of torture, and the most vulnerable;
Amendment 169 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that asylum seekers have the right to be fully informed on the procedures; regrets that the level of information provided to asylum seekers differs consistently from one Member state to another; urges the Member states to guarantee that minors have tailored, child-friendly information and specific support; stresses that providing legal assistance and interpretation are key to ensure applicants' right to information;
Amendment 174 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Points out that transfers of asylum seekers, and in particular vulnerable people, minors and families can result in violations of their human rights; urges Member states to properly assess the risks to which applicants would be exposed in the Member States of destination; stresses in particular that transfers must be carried out in a way that under no circumstances exposes individuals to a risk of refoulement, irrespective of whether the asylum system of return is affected by systemic deficiencies;
Amendment 175 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Deplores that Member states resort too often to the detention of applicants waiting to be transferred; urges Member states to make concrete efforts to find valid alternatives to detention;
Amendment 180 #
2019/2206(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and toenable a better use of the family provisions, including by harmoniseing the standards of proof required; callacross Member states oin the Member States and the Commission to protect the best interests of children and to clarify the criteria for keeping children in detentiondirection of less stringent and more achievable standards; calls the Commission and the Member states to speed up family reunification procedures including through an immediate transfer to a country in which the applicant has family;
Amendment 188 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Regrets that Member states do not proactively contribute to the identification and verification of the family links; deplores that the burden of proof is almost entirely left to the applicants;
Amendment 192 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Calls on the Member States and the Commission to ensure an adequate verification of the best interest of the child, avoiding that the complexity of the procedures results in the failure to implement this principle, in particular for the unaccompanied minors of age between 16 and 18;
Amendment 193 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Regrets that Member states apply different interpretation of the best interest of the child; calls therefore the Commission to clarify the definition in line with EU legislation and to identify which family reunification possibilities, security and safety considerations, background information should be taken into consideration;
Amendment 194 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Urges the Member States and the Commission to clarify that detention is never in the best interest of the child and that a minor should never be detained because of the migratory status of their family; calls to expand the sources used for the monitoring and identification of unlawful practices to include information provided by international and non- governmental organizations where it is reliable, up-to-date and specific;
Amendment 195 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 f (new)
Paragraph 8 f (new)
8f. Deplores that insufficient identification mechanisms and erroneous methods of age assessment often further exacerbate the situation of minors, causing delays or affecting negatively the outcome of the Dublin procedure; calls for an harmonized age assessment that do not endanger minors' rights, health and psychological well-being;
Amendment 206 #
2019/2206(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the number of transfer procedures has increased significantly, generating considerable human, material and financial costs; deplores, however, the fact that in only 11% of cases are transfers actually carried out, a further factor in the permanent overloading of asylum systems; stresses the lack of cooperation and information-sharing between Member States; regards efforts to combat secencourages Member states to apply the discretiondary movements as essential in order to reduce the number of transfer requests; proposes thatclause more swiftly in cases where it becomes evident that transfers cannot be carried out, or where the coinditions which trigger transfer procedures be clarified and harmonisedvidual situation of the applicant requires so;
Amendment 219 #
2019/2206(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that in some cases the rules on transfer of responsibility under Dublin III undermine the efficiency of asylum procedures and the carrying-out of transfers and, according to the evidence, that in many cases asylum seekers remain outside of the system due to disproportionate use of the criterion of the first countribute to the increase in the number of secondary movements by encouraging asylum-seekers to remain outside the systemy of irregular entry and the insufficient consideration of the meaningful links and the particular needs of the applicants; calls on the Commission to revise the rules, in order to give Member States sufficient time to carry out transfers and do away with transfer of responsibility in cases where anincrease trust between Member States and between them and the asylum seeker absconds;
Amendment 228 #
2019/2206(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that providing asylum seekers with legal assistance in connection with Dublin procedures, in particular in the hotspots, would simplify the process of obtaining asylum would enhance rights-compliant procedures, simplify Dublin procedures and improve decision- making; calls on the Member States to improve the information made available to asylum seekers on the complex Dublin procedures, to ensure that it is clear and accessible to everyone;
Amendment 232 #
2019/2206(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Member States to increase the resources necessary to make Dublin III operational, particularly the number of asylum officers; calls on the European Commission to increase the funds available for the provision of legal assistance, especially funding for civil society professionals offering legal assistance to people in need of international protection during the Dublin procedure;
Amendment 235 #
2019/2206(INI)
Motion for a resolution
Subheading 4
Subheading 4
A singlerights-centred asylum application in the EU
Amendment 239 #
2019/2206(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that the principle of a single asylum application in the EU is consistently flouted, a state of affairs at odds with the very purpose of the Dublin III Regulation; considernotes that the competent national authorities should share their relevant information on a European database such as Eurodac, in order to speed up procedures and prevent multiple asylum applications, while protecting personal datare are multiple reasons for submission of additional asylum applications;
Amendment 249 #
2019/2206(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the rate of protection for asylum seekers varies greatly between Member States for certain nationalities; considers that a common list of safe countries and a shared country-risk analysis, or at least greater convergence, would reduce these disparities, and thus also the number of secondary movements; stresses that the return of persons not eligible for asylum is a prerequisite for the effectiveness of the Dublin III Regulation and this can contribute to onward movement; considers that accounting for individual needs of the applicant in the Dublin procedures would reduce secondary movements; calls for the inclusion of a relocation criteria considering the "genuine links" with a particular Member state as an efficient approach to reduce secondary movements;
Amendment 261 #
2019/2206(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 276 #
2019/2206(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Proposes that EASO be given an expanded role in analysing the flows of and pathways taken by asylum seekers, in order to better anticipate and understand pressures on asylum systemssupporting Member states in the implementation of the Dublin III Regulation;
Amendment 282 #
2019/2206(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission and the Council to work towards convergence in the bilateral agreements concluded between Member States and with thirdimplementation of the Dublin III Regulation by taking stock of the elements countries, in order to optimise implementation of the Dublin III Regubuting to greater efficiency, and compliance with human rights legislation;
Amendment 286 #
2019/2206(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Urges the Council to find a sustainable solution and take the necessary steps to adopt a position on the Dublin Recast Regulation by qualified majority;
Amendment 287 #
2019/2206(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Proposes that a fairer system of allocation be a priority for any reform of the Dublin system while keeping the protection of fundamental rights of applicants at the centre of the functioning of the solidarity mechanism;
Amendment 1 #
2019/2199(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to the UN 2030 Agenda for Sustainable Development,
Amendment 3 #
2019/2199(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the FRA Fundamental Rights Reports of 2018 and 2019,
Amendment 4 #
2019/2199(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
– having regard to the FRA paper "Civil society space: views of organisations" as well as the FRA report "Challenges facing civil society organisations working on human rights in the EU"
Amendment 30 #
2019/2199(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin,
Amendment 32 #
2019/2199(INI)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
– having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation,
Amendment 33 #
2019/2199(INI)
Motion for a resolution
Citation 15 c (new)
Citation 15 c (new)
– having regard to Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law,
Amendment 48 #
2019/2199(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
– having regard to its resolution of 12 February 2019 on the need for a strengthened post–2020 Strategic EU Framework for National Roma Inclusion Strategies and stepping up the fight against anti-Gypsyism1a, __________________ 1a Texts adopted, P8_TA(2019)0075
Amendment 52 #
2019/2199(INI)
Motion for a resolution
Citation 23 b (new)
Citation 23 b (new)
– having regard to its resolution of 1 June 2017 on combating anti-semitism1a, __________________ 1a Texts adopted, P8_TA(2017)0243
Amendment 53 #
2019/2199(INI)
Motion for a resolution
Citation 23 c (new)
Citation 23 c (new)
– having regard to Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies,
Amendment 73 #
2019/2199(INI)
Motion for a resolution
Citation 32 a (new)
Citation 32 a (new)
– having regard to its resolution of 28 November 2019 on the EU's accession to the Istanbul Convention and other measures to combat gender-based violence 16a , __________________ 16a Texts adopted, P9_TA(2019)0080.
Amendment 75 #
2019/2199(INI)
Motion for a resolution
Citation 32 b (new)
Citation 32 b (new)
– having regard to its resolution of 7 July 2016 on the implementation of the UN Convention on the Rights of Persons with Disabilities, with special regard to the Concluding Observations of the UN CRPD Committee 16b, __________________ 16b Texts adopted, P8_TA(2016)0318.
Amendment 105 #
2019/2199(INI)
Motion for a resolution
Citation 47
Citation 47
Amendment 112 #
2019/2199(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU is not merely a monetary union, but also a social one, as enshrinvalue based one; whereas Article 2 of the TEU states that the EU is founded ion the Charter, the European Convention on Hvalues of respect for human dignity, freedom, democracy, equality, the primacy of law and human Rrights, the European Social Charter and the European Pillar of Social Rightsincluding the rights of persons belonging to minorities – values which are shared by all the Member States and which must be upheld and actively promoted by the EU and each Member State individually in all their policies, both internally and externally in a consistent way;
Amendment 115 #
2019/2199(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Article 17 of the TEU states that the Commission must ensure the application of the Treaties; whereas a refusal by a Member State to fully uphold EU law, the separation of powers, the independence of the judiciary and the predictability of state actions is undermining the credibility of the EU as a legal area;
Amendment 128 #
2019/2199(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the EU is also a social union, as enshrined in the European Convention on Human Rights, the European Social Charter and the European Pillar of Social Rights;
Amendment 134 #
2019/2199(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas we see increased violation of rights related to equality, freedoms and justice; 1a whereas “today we see not only human rights violations, but the rejection of human rights protection systems as a whole” 1b __________________ 1a FRA Fundamental Rights Report 2019 1bFundamental Rights Forum 2018, Chair´s Statement, 23/10/2018 https://fra.europa.eu/sites/default/files/fra _uploads/fra-2018-frf-2018-chair- statement_en.pdf
Amendment 138 #
2019/2199(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas violence against women continues and includes physical, psychological and sexual violence; whereas initiatives as #Metoo are important; whereas women are still discriminated at the labour market and a woman only makes around 84 percent of a man's salary;
Amendment 143 #
2019/2199(INI)
Motion for a resolution
Recital A e (new)
Recital A e (new)
Ae. whereas there is a serious backlash of LGBTI-rights, even to the extent that "LGBTI-free zones" are introduced.
Amendment 167 #
2019/2199(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Roma women are particularly affected as regards women’s rights and often face exacerbated forms of verbal, physical, psychological and racial harassment in reproductive health care settings, as has found to be the case in Bulgaria19 ; whereas Roma have also experienced in that Member State, ethnic segregation in maternal health care facilities, and are placed in segregated rooms with segregated bathrooms and eating facilities20 ; whereas in some Member States, such as the Slovak Republic and the Czech Republic, Roma have been subjected to systematic practices of forced and coercive sterilisation and have been unable to obtain adequate reparations, including compensation, for the resulting violations of their human rights21 ; __________________ 19Commissioner for Human Rights of the Council of Europe, Women’s Sexual and Reproductive Health and Rights in Europe, Council of Europe, Strasbourg, 2017, pp. 42-44; Decision of the European Committee of Social Rights of 5 December 2018, European Roma Rights Centre v Bulgaria, Complaint No. 151/2017 ; European Roma Rights Centre, Romani woman harassed by racist hospital staff during childbirth wins case, European Roma Rights Centre, 18 January 2017, http://www.errc.org/press- releases/romani-woman-harassed-by- racist-hospital-staff-during-childbirth- wins-case 20Decision of the European Committee of Social Rights of 5 December 2018, European Roma Rights Centre v Bulgaria, Complaint No. 151/2017. 21Committee on Economic, Social and Cultural Rights, Concluding observations on the third periodic report of Slovakia, 18 October 2019, E/C.12/SVK/CO/3, paras. 44-45; Committee on the Elimination of Racial Discrimination, Concluding observations on the combined twelfth and thirteenth periodic reports of Czechia, 19 September 2019, CERD/C/CZE/CO/12-13, paras. 19-20; Committee on the Elimination of Racial Discrimination, Concluding observations on the combined eleventh and twelfth periodic reports of Slovakia, 12 January 2018, CERD/C/SVK/CO/11-12, paras. 23-24; Human Rights Committee, Concluding observations on the fourth report of Slovakia, 22 November 2016, CCPR/C/SVK/CO/4, paras. 26-27.
Amendment 186 #
2019/2199(INI)
Motion for a resolution
Recital C
Recital C
Amendment 194 #
2019/2199(INI)
Motion for a resolution
Recital D
Recital D
D. whereas many instances of disproportionate use of force against peaceful demonstrators continue to be reported across the EU, including the beating of demonstrators; whereas law enforcement authorities in some Member States such as Romania23 , Spain and France24 are increasingly using less lethal weapons, such as batons, tear gas, hand- held sting grenades, electroshock weapons, water cannons and rubber bullets to control or disperse crowds of demonstrators; whereas the number of persons seriously wounded in demonstrations in recent years as a result of the use of rubber bullets is particularly striking; __________________ 23European Parliament resolution of 13 November 2018 on the rule of law in Romania (Texts adopted, P8_TA(2018)0446) 24 Commissioner for Human Rights of the Council of Europe, Shrinking space for freedom of peaceful assembly, Council of Europe, Strasbourg, 2019; Commissioner for Human Rights of the Council of Europe, Memorandum on maintaining public order and freedom of assembly in the context of the ‘yellow vest’ movement in France, Council of Europe, Strasbourg, 2019; Commissioner for Human Rights of the Council of Europe, Protection of the rights to freedom of expression and peaceful assembly during last week’s demonstrations in Catalonia, Council of Europe, Strasbourg, 2019
Amendment 219 #
2019/2199(INI)
Motion for a resolution
Recital F
Recital F
F. whereas pushbacks constitute a violation of EU and international law and prevent migrants from benefiting from the legal guarantees firmly laid down in such law; whereas the Council of Europe Commissioner for Human Rights expressed grave concern about consistent reports of violent pushbacks by Croatian law enforcement officials25 ; whereas the Council of Europe Commissioner for Human Rights also expressed concerns regarding the practice of ‘summary returns’ in the enclaves of Ceuta and Melilla in relation to the ECtHR cases N.D. v Spain and N.T. v Spain26 ; __________________ 25Letter from the Commissioner for Human Rights of the Council of Europe to the Prime Minister of Croatia of 20 September 2018; Commissioner for Human Rights of the Council of Europe, Bosnia and Herzegovina must immediately close the Vučjak camp and take concrete measures to improve the treatment of migrants in the country, Council of Europe, Strasbourg, 2019 26Third party intervention by the Council of Europe Commissioner for Human Rights of 22 March 2018, N.D. v Spain and N.T. v Spain, CommDH(2018)11.
Amendment 228 #
2019/2199(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas intolerance, racism, xenophobia and discrimination has increased in the society as a whole, but also in the political scene through growing far-right movements; whereas successful integration and social inclusion require effective protection from discrimination and hate crime; whereas failure to do so can have a negative effect on the social cohesion in the society; 2a __________________ 2a FRA, Second European Union Minorities and Discrimination Survey
Amendment 235 #
2019/2199(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas racial, ethnic and religious minorities face structural racism, discrimination, hate-crime and hate-speech, lack of access to justice, and sustained socio-economic inequalities in areas such as housing, healthcare, employment and education, which needs to be acknowledged as major barriers to full enjoyment of fundamental rights and key barrier to inclusion and equality;
Amendment 238 #
2019/2199(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas afrophobia has just started to be acknowledged at the EU- level; whereas national authorities have not developed policies and measures to tackle discrimination against people of African descent, racial profiling, racially motivated harassment and violence;
Amendment 241 #
2019/2199(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas anti-Gypsyism remains pervasive across the EU, where structural anti-Gypsyism and sustained socio- economic inequalities affect Roma in areas such as housing, healthcare, employment and education; whereas Roma people suffer increased hate speech in public, in social media and by politicians, police violence, including collective punishment, racial profiling, residential and school segregation;
Amendment 244 #
2019/2199(INI)
Motion for a resolution
Recital F e (new)
Recital F e (new)
Fe. Whereas anti-Semitism remains pervasive across the EU, with several Member States reporting increases in crimes motivated by anti-Semitism; whereas those who experience anti- Semitic harassment generally do not report the incidents to the police;
Amendment 247 #
2019/2199(INI)
Motion for a resolution
Recital F f (new)
Recital F f (new)
Ff. whereas Muslims, especially Muslim women, continues to be discriminated in the society and targeted in racist attacks as a result of pervasive islamophobia;
Amendment 249 #
2019/2199(INI)
Motion for a resolution
Recital F g (new)
Recital F g (new)
Fg. whereas there is an increase of foreign interference in European Elections through direct and indirect measures from countries such as Russia, but also threats against institutions and civil society organisations in the European Union and its member states, with the aim to restrict freedom of speech, from countries such as China 4a __________________ 4a Example: The Case of Swedish PEN
Amendment 267 #
2019/2199(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the effects of austerity measures have deeply impacted the social fabric of the EU in many Member States and that this continues today – exacerbating already widening inequalities and breaching fundamental rights – and affects in particular women, migrants, Roma, Travellers and other people in disadvantaged groups with a particular ferocity;
Amendment 272 #
2019/2199(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for the quick adoption of the proposed 2008 Equal Treatment Directive which is still pending for approval by the Council; considers it a condition to secure a consolidated and coherent EU law framework against discrimination, including especially multiple discrimination, also protecting from discrimination on the grounds of religion and belief, disability, age and sexual orientation outside of employment;
Amendment 317 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 aa (new)
Paragraph 4 aa (new)
4aa. Is deeply concerned about the increased levels of xenophobia and different forms of racism, such as anti- Semitism, islamophobia, afrophobia and anti-Gypsyism, and tend to become normalised in Member States;
Amendment 318 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 ab (new)
Paragraph 4 ab (new)
4ab. Is worried by increased participation of political parties promoting racist, xenophobic and other discriminatory ideas, policies and practices, and by the refusal by some Member States to fully uphold EU law, to safeguard the separation of powers and the independence of the judiciary, which is undermining the credibility of the EU as a legal area;
Amendment 319 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 ac (new)
Paragraph 4 ac (new)
4ac. Calls for full implementation of legislations and stronger sanctions against any discrimination on the grounds of race, ethnic or social origin, religion or belief, membership of a national minority, disability, age, gender, gender expression, gender identity, sexual orientation, sex characteristics, residence status or health;
Amendment 320 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 ad (new)
Paragraph 4 ad (new)
4ad. Calls on the Member States to ensure the effective practical enforcement of the Race Equality Directive (2000/43/EC) and to ensure effective enforcement of the Framework Decision on Racism and Xenophobia to combat persisting afrophobia, anti-Gypsyism, anti-Semitism and islamophobia; points out that the Member States should put forward or review national inclusion strategies to ensure that all people regardless of race, ethnicity, religion, gender or any other status are empowered to actively participate in social, economic, political and cultural life;
Amendment 322 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 af (new)
Paragraph 4 af (new)
4af. Calls for the EU wide implementation of the Aarhus Convention that links environmental rights and human rights; calls for the environmental regulation that would equally benefit all parts of society; (after sub-heading «Right to equal treatment, before paragraph 5)
Amendment 323 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 ag (new)
Paragraph 4 ag (new)
4ag. Points out that EU and its Member States should combat effectively discriminatory or violent treatment and reactions against the schooling and participation of children from minority backgrounds especially migrant, refugee and Roma children, both through law enforcement and by promoting mutual understanding and social cohesion; calls on Member States to structurally address respect for diversity, intercultural understanding and human rights, including children’s rights, in regular school curricula; (after sub-heading «Right to equal treatment, before paragraph 5)
Amendment 367 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the landmark judgment of the European Court of Justice in the Common case in June 2018, which clarified that term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex; urges the Member States in the EU that do not recognise either same- sex partnerships or marriages to amend their national laws in such a way as to provide a legal framework for ensuring that the CJEU’s ruling is properly implemented.;
Amendment 368 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that violence against women and gender-based violence, both physical and psychological, are widespread and affect women at all levels of society, regardless of age, education, income, social position or country of origin or residence and is both a cause and a consequence of the structural inequalities experienced by women in many aspects of life;
Amendment 374 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Expresses concern that six EU Member States, Bulgaria, Czech Republic, Hungary, Latvia, Lithuania and Slovakia, have not yet ratified the Istanbul Convention;
Amendment 389 #
2019/2199(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Condemns hate crime and hate speech, including hate speech in the internet, motivated by racism, xenophobia or religious intolerance, or by bias on the grounds of disability, sexual orientation, gender identity, sexual characteristics or minority status; stresses the fact that women are a group that needs special protection against hate speech in the internet;
Amendment 399 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to take all necessary legislative and non- legislative actions to ensure full and effective application of provisions of the Convention on the Rights of Persons with Disabilities within the European Union, especially to ensure persons with disabilities’ right to live independently and to be included in the community as provided by Article 19 of the Convention;
Amendment 403 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Expresses its concern at the lack of reporting of hate crimes by victims owing to inadequate safeguards and to the failure of authorities to investigate properly and obtain convictions for hate crimes in the Member States;
Amendment 413 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Is deeply concerned about a backlash in rights and attitudes to LGBTI persons and a sharp rise of hate speech, often carried out by public figures; strongly condemns anti-LGBTI rhetoric and the proclamation of “LGBT-free zones” or “zones free from LGBT ideology”;
Amendment 465 #
2019/2199(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls that freedom of expression, information and media are fundamental for ensuring democracy and the rule of law; strongly condemns violence, pressure or threats against journalists and media, including in relation to the disclosure of information about breaches of fundamental rights;
Amendment 487 #
2019/2199(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is deeply concerned about the increasingly shrinking space for independent civil society in some Member States; recalls the importance of ensuring adequate funding to support civil society activitiesis also concerned about the general decrease of financial support at national level by some Member States for civil society organisations that are conducting advocacy work; recalls the importance of ensuring adequate funding to support civil society activities; stresses the importance of ensuring funding for advocacy work as-well as other types of work;
Amendment 501 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Is deeply concerned about the general decrease of financial support at national level by some Member States for NHRIs; recalls the importance of ensuring adequate funding to support NHRIs activities;
Amendment 540 #
2019/2199(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses grave concern about consistent reports of violent pushbacks by law enforcement officials in several Member States; calls on the Commission and the Member States to investigate the matter and take effective measures to ensure that such policies and practices are scrapped, including by putting on hold funds for border surveillance and ensuring the independent monitoring of border control activities by national ombudsmen and NGOs; stresses the importance of a fully operational human rights office within Frontex;
Amendment 548 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Expresses serious concern about the intimidation and arrests of humanitarian workers and volunteers who support migrants in an irregular situation; notes that the trend continued in 2018 and 2019, targeting both rescue vessels deployed by civil society in the Mediterranean, as well as volunteers and non-governmental organisations active in the EU;
Amendment 551 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to approbate the establishment of a ‘climate refugee’ status, including an international definition of climate asylum;
Amendment 559 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Expresses grave concern over humanitarian the situation in the hotspots;
Amendment 593 #
2019/2199(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the EU institutions and the Member States to resolutely fight systemic corruption and to devise effective instruments for preventing, combating and sanctioning corruption and fighting fraud, as well as regularly monitoring the use of public funds; highlights the negative impact of corruption on human rights; calls on the Commission to immediately resume its annual anti- corruption monitoring and reporting, with reference to the EU institutions and the Member States; calls on all the Member States to comply with the GRECO recommendations28 ; __________________ 28 Group of States against Corruption
Amendment 596 #
2019/2199(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Conveys worries about the on- going attacks on the independence of the judiciary in some EU Member States; expresses grave concern about the negative developments which took place in both Hungary and Poland; is concerned about the lack of progress in the Article 7 proceedings in the Council; calls on the Council to take into consideration the situation of fundamental rights, democracy and the rule of law in its hearings on Article 7.1 procedure; reminds that the European Parliament cannot be set-aside from these ongoing hearings.;
Amendment 1 #
2019/2169(INI)
Draft opinion
Recital -A (new)
Recital -A (new)
-A. whereas in accordance with Article 2 of the TEU, the European Union is founded on respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights;
Amendment 4 #
2019/2169(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas Article 151 of the Treaty on the Functioning of the European Union (TFEU) refers to fundamental social rights such as those set out in the European Social Charter; while also recognising the importance of the European Pillar of Social Rights;
Amendment 10 #
2019/2169(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas many Member States have still neither ratified nor transposed the Istanbul Convention;
Amendment 22 #
2019/2169(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that inequality and different forms of GBV towards women and girls has increased during the Covid-19 crisis; calls for this to be duly considered in the Gender Equality Strategy; further calling for specific measures to be implemented as a response to these developments;
Amendment 42 #
2019/2169(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for effective prevention of gender inequality and GBV, including educational measures directed to and implemented with young people, as well as ensuring all young people benefit from comprehensive sexuality education;
Amendment 63 #
2019/2169(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that women engaged in the sex industry, including in prostitution, due to poverty discrimination or other types of distress, experience sexualised violence and abuse on a daily basis; calls for targeted measures to ensure sexual freedom and independence for all women;
Amendment 78 #
2019/2169(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Abhors the continuous attacks on women’s sexual and reproductive health and rights, including the right to safe abortion; calls for resilient measures to ensure the enjoyment of these rights for all women;
Amendment 86 #
2019/2169(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for disaggregated data collection on gender equality and the submission of annual reports on the state of implementation of the Gender Equality Strategy;
Amendment 6 #
2019/2157(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to Regulation No 1143/2014 of the EP and the Council on the prevention and management of the introduction and spread of invasive alien species and the consecutive Implementing regulations with updates of the List of invasive species, among which also tree species,
Amendment 16 #
2019/2157(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard to the responsibilities of the EU States under the Convention on Biological Diversity (CBD), the United Nations Framework Convention on Climate Change (UNFCC) and the United Nations Convention to Combat Desertification (UNCCD),
Amendment 26 #
2019/2157(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Treaty on the Functioning of the European Union makes no reference to a common EU forest policy, and responsibility for forests lies with the Member States, but whereas the EU has a long history of contributing, through its policies, some of which already have implications on the Member States' forestry policies, to sustainable forest management (SFM) and the Member States’ decisions on forests;
Amendment 34 #
2019/2157(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas approximately 40% of EU's forests are publicly owned, Member States are obliged to set an example for sustainable forest management in their publicly owned forests for the public good;
Amendment 36 #
2019/2157(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas European forests absorb and store approximately 10% of EU carbon emissions, contributing thus to climate change mitigation efforts;
Amendment 41 #
2019/2157(INI)
Motion for a resolution
Recital C
Recital C
C. whereas forests and the entire forest-based value chain are fundamental to the further development of the circular bioeconomy as they provide jobs, ensure economic welfare in rural and urban areas, deliver climate change mitigation and adaptation services, offer health-related benefits, and protect the biodiversity and prospects of mountainous and rural areas and combat desertification;
Amendment 46 #
2019/2157(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas riverside forests have a very important role to play being natural protection against increase of water level during floods, but also in terms of preserving humidity in a situation of rising global temperature; whereas they play a key role in preserving biodiversity, but also tend to absorb among others agricultural mineral residues through the groundwater, thus limiting the expose of rivers to polluting factors; whereas in some member states there have been some regional projects of replanting riverside forests at least several meters from the river shore;
Amendment 55 #
2019/2157(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas sustainably managed forests are enormously important in guaranteeing jobs in rural areas, representing a benefit for human health, while at the same time making a vital contribution to the environment and biodiversity;
Amendment 67 #
2019/2157(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas almost 23% of European forests are to be found in Natura 2000 sites, with the share in some Member States exceeding 50%, and almost half of the natural habitats in Natura 2000 areas are forests;
Amendment 70 #
2019/2157(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas High Conservation Value Forests (HCV Forests) have a crucial role to play in preserving vulnerable habitats, but also in enhancing science; whereas some EU member states have adopted targeted policies towards HCVF, which is commendable; whereas the added value from these forests cannot be compared or measured in economic terms, which makes it difficult at times to be understood by forest owners, which is why some sort of compensatory mechanism could be further designed, if and where applicable;
Amendment 73 #
2019/2157(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas according to the latest estimations, only 26% of forest species and 15% of the forest habitats were found to be in favourable conservation status1a; _________________ 1a https://www.eea.europa.eu/themes/biodive rsity/forests/forest-dynamics-in-europe- and
Amendment 75 #
2019/2157(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas forests can be sources of both primary forest products such as wood, they provide for valuable secondary products such as mushrooms, truffles, herbs, honey and berries, which are very important for the economic activities in some regions of the Union;
Amendment 77 #
2019/2157(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas it is clear that old growth forests, mixed stand forests and agroforestry offer climate, biodiversity and resilience benefits that exceed those of plantation forestry;
Amendment 80 #
2019/2157(INI)
Motion for a resolution
Recital C e (new)
Recital C e (new)
Ce. whereas agroforestry, defined as land use systems in which trees are grown in combination with agriculture on the same land unit, is a suite of land management systems, which boost overall productivity, generate more biomass, maintain and restore soils and provide a number of valuable ecosystem services;
Amendment 87 #
2019/2157(INI)
Motion for a resolution
Recital C f (new)
Recital C f (new)
Cf. whereas forests play a crucial role in the fight against soil erosion, but also desertification of land masses; whereas studies show that trees in parks and city- environment have positive effect on keeping lower temperatures as compared to treeless areas;
Amendment 90 #
2019/2157(INI)
Cg. whereas in the current programming period (2014-2020) there are measures in the CAP targeted at helping economic actors in building capacities with regard to forestry management;
Amendment 92 #
2019/2157(INI)
Motion for a resolution
Recital C h (new)
Recital C h (new)
Amendment 113 #
2019/2157(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes note of the fact that forests fulfil several, often-conflicting objectives (including regulating water quality, biodiversity protection and providing raw materials for paper, construction and energy), which is why, as a result, many of these forests fall consequently under distinct domains where the EU is competent, such as energy, agriculture, environment, climate and water, and many European Commission Directorates General are engaged in forest related issues1a although forests per se remain outside the realm of EU competences; calls, therefore, on the Commission and the Directorates Generals with forest- related competences to work strategically to ensure coherence in any forestry- related work and enhance the sustainable management of forests; as well as to review its organisational structures relevant to forest, agroforestry and the forest-based sector to ensure effective implementation of the strategy; _________________ 1ahttps://www.mdpi.com/1999- 4907/9/3/125/htm#
Amendment 139 #
2019/2157(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that the EU’s forests are multifunctional and characterised by great diversity, including differences in ownership patterns, size, structure, biodiversity, resilience and challenges; points out, in addition, that forests offer society a wide variety of ecosystem services including raw materials, improved air quality, absorbing and storing around 10% of EU carbon emissions thereby significantly contributing to climate change mitigation efforts, clean water, erosion control, and protection from droughts, floods and avalanches;
Amendment 157 #
2019/2157(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that forests and other wooded areas cover at least 43 % of the surface of the EU and that the sector employs at least 500 000 people directly3 and 2.6 million indirectly in the EU4 ; stresses that this workforce is dependent on a well- preserved and sustainably managed forest ecosystem in the long term; _________________ 3 Eurostat database on forestry, available at: https://ec.europa.eu/eurostat/web/forestry/d ata/database 4European Parliament fact sheet of May 2019 on the European Union and forests.
Amendment 190 #
2019/2157(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges the crucial climate benefits of forests and the forest-based sector; highlights the need to increase CO2 sequestration in forests and agroforests, and their soils, carbon storage in wood- based products and the substitution of fossil-based materials and energy;
Amendment 201 #
2019/2157(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Reminds that there are several tree species in the List of invasive alien species of Union concern; notes that other invasive alien plants can also be met in forests; calls on all state, regional or local authorities as well as to any other stakeholder from the public, private or non-governmental sector, to include only local varieties of trees suitable for the given regions, while implementing various forest (re)planting projects and activities; calls also to the national responsible authorities to exchange information and best practicing with their partners from other member states on how to overcome the spread of invasive alien species in the forests and if possible how to reduce their presence with the aim of replacing them fully with local varieties;
Amendment 212 #
2019/2157(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Encourages the Member States to intensify their respective forestry stakeholders to reach to a broader segment of the population through educational tools and programmes both for pupils, but also for people of the other age groups, stressing the importance of forests both for human-led activities, but also for preserving biodiversity and various ecosystems;
Amendment 237 #
2019/2157(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the crucial role of forests, agroforests, the forest-based sector and the bioeconomy in achieving the goals of the European Green Deal; stresses that achieving the EU’s environmental and climate goals will never be possible without multifunctional, healthy and sustainably managed forests and viable industries; encourages, in addition, actions tocalls on the Commission, in addition, to consider creating a special budget, outside the Common Agricultural Policy budget, to incentivise Member States to comply with EU-wide targets for increaseing forest cover, especially in areas not suitable for food production and those in proximity to urban areas, in order to mitigate adverse heat effects and pollution, while curbing deforestation;
Amendment 264 #
2019/2157(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 281 #
2019/2157(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that the EU Forest Strategy should act as a bridge between national forest and agroforest policies and EU objectives relating to forests and agroforests, recognising both the need to respect national competence and the need to contribute to wider EU objectives, while coherently addressing the specificities of both private forests and publicly owned ones;
Amendment 288 #
2019/2157(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Member States to improve national legislation to put in place, or strengthen where necessary, protection against illegal logging and loss of biodiversity;
Amendment 289 #
2019/2157(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on the European Commission to encourage the commercialization of felled wood and trimmed wood/roundwood, instead of living trees from publicly-owned forests, as a method to prevent illegal logging and overexploitation, which would give state authorities more control over the volume of cut and commercialized wood, thereby discouraging illegal practices by privately contracted firms;
Amendment 302 #
2019/2157(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the European Commission to invest supplementary funds - additional to the budget already allocated to the CAP scheme - in an EU- wide action on reforestation, afforestation and to implement specific subsidies for forestry management and environmental protection, to contribute to the Green Deal 2050 climate change mitigation efforts;
Amendment 308 #
2019/2157(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the need to take into consideration the links between the forest- based sector and other sectors as well as the importance of digitalisation and investing in research and innovation, which can positively contribute to further solutions for climate change mitigation and job creation; stresses the crucial role of wood-based materials in substituting fossil-based alternatives in industries such as the construction industry, the textile industry, the chemical industry and the packaging industry;
Amendment 320 #
2019/2157(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recognizes the value of wood for energy purposes, but calls on the Commission and Member States to consider introducing binding sustainability criteria for biomass, in order to avoid overexploitation of wood resources and forests;
Amendment 322 #
2019/2157(INI)
16b. Considers that the EU should encourage the use of locally-sourced timber, harvested wood products or forest biomass in order to minimise the carbon footprint created by transport of imports from third countries and to stimulate sustainable local production and jobs;
Amendment 332 #
2019/2157(INI)
17. Stresses that due to climate change, natural disturbances such as droughts, floods, storms, pest infestations, erosion and fires will occur more frequently, causing damage to forests in the EU; emphasises, in this context, the need to better prevent such events by making forests more resilient, for example by encouraging forest grazing and the conversion of at-risk forests to agroforests, through more research and innovation and by offering better support mechanisms for affected areas and properties sto they can beprotect and restored them;
Amendment 342 #
2019/2157(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the state or regional actors, which responsible for forests, to support either with adequate resources or expertise and knowledge the repopulation of riverside forests, where relevant, with local and/or specialised stakeholders, with the aim of creating biodiverse habitats, after the creation of which ecological services, such as absorption of harmful substances, which circulate through groundwaters, will be achieved;
Amendment 345 #
2019/2157(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Given the worrying increased risk of forest fires in Europe, calls on the European Commission to include support for silvopasture (forest grazing) within the agroforestry measure and to encourage Member States to implement it in the next Rural Development programme;
Amendment 348 #
2019/2157(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Calls on the members states where secondary forest products play an important socio-economic role to develop and enhance guidelines, or where necessary also national legislation with regard to practicing these activities;
Amendment 349 #
2019/2157(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Calls on the member states to design initiatives for preserving and where necessary establishing HCV Forests with necessary mechanisms and instruments for incentivising and compensating, where applicable, forest owners, so that knowledge and science can advance vis-à-vis these forests, alongside preserving natural habitats;
Amendment 355 #
2019/2157(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recognises the role of biodiversity in ensuring that forest ecosystems remain healthy and resilient; highlights the importance of the Natura 2000 sites; notes, however, that sufficientencourages further research into the relationship between biodiversity and resilience; notes, however, that technical advice and fresh financial resources are needed to manage such areas;
Amendment 376 #
2019/2157(INI)
21. Stresses the crucial importance of the CAP and forestry measures in implementing the EU Forest Strategy; encourages the continuity of forestry measures under the 2021-2027 CAP with the possibility of adding forestry activities to more measures than currently; highlights the need for other easily accessible, well-coordinated and relevant EU funding mechanisms; is worried at the same time that horizontal RDP measures such as “Young farmer” do not include forestry activities at least in some member states, which is illogical since investments in forestry often need intensive investment with return on investment coming back only in a few years’ time;
Amendment 388 #
2019/2157(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses the crucial importance of the CAP, forestry and agroforestry measures in implementing the EU Forest Strategy; encourages the continuity of forestry and agroforestry measures under the 2021-2027 CAP; highlights the need for other easily accessible, well- coordinated and relevant EU funding mechanisms;
Amendment 394 #
2019/2157(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Takes note of the challenge for both farmers and administrators in identifying and monitoring the preservation of landscape features, in particular those aiming to protect scarce woody vegetation; calls on the European Commission to reduce and simplify the administrative requirements, in order to boost woody vegetation promotion and preservation linked to landscape features policies associated with Pillar I and Pillar II payments;
Amendment 398 #
2019/2157(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the member states to align the various strategies and plans for forestry management so that the respective targets can be followed and corrected accordingly in due course, instead of creating administrative mosaics, which then threatens achieving the goals set in these strategic documents;
Amendment 402 #
2019/2157(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Takes note of the low uptake of the numerous measures within the 2014-2020 Rural Development Regulations designed to support the deliberate integration of woody vegetation with farming; therefore calls on the European Commission to bundle various agroforestry promotion initiatives in the post 2020 Common Agricultural Policy Reform into a unique “agroforestry” measure, which will promote the use of woody component in agrarian and forestry systems;
Amendment 404 #
2019/2157(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Calls on the European commission together with its respective agencies and centers, where necessary to invest in and where necessary intensify the research on finding a solution to the spread of the Cryphonectria parasitica on chestnut trees and forests;
Amendment 408 #
2019/2157(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Notes that no specific funds are allocated to improve the management and restoration of already existing agroforestry lands in a clear way; calls on the European Commission to integrate maintenance payments for agroforestry similar to those of afforested/reforested lands;
Amendment 411 #
2019/2157(INI)
Motion for a resolution
Paragraph 21 d (new)
Paragraph 21 d (new)
21d. Calls on the European Commission to support the promotion of the recognition of the high quality products and ecosystem services that agroforestry delivers, by appropriate market promotion and agroforestry identification, or labelling;
Amendment 412 #
2019/2157(INI)
Motion for a resolution
Paragraph 21 e (new)
Paragraph 21 e (new)
21e. Acknowledges the lack of knowledge about agroforestry among many farmers; calls, therefore, on the European Commission to promote EU- wide specialised training programmes, in order to make farmers and female farmers aware of the benefits and the practice of integrating woody vegetation with agriculture at local, regional and global scales;
Amendment 414 #
2019/2157(INI)
Motion for a resolution
Paragraph 21 f (new)
Paragraph 21 f (new)
21f. Recognizes the significant capacity of agroforestry to boost overall biomass productivity and therefore encourages the European Commission to treat it as a productive measure; underlines that such mixed ecosystems produce more biomass and absorb more atmospheric carbon and therefore encourages promotion of agroforestry systems;
Amendment 415 #
2019/2157(INI)
Motion for a resolution
Paragraph 21 g (new)
Paragraph 21 g (new)
21g. Calls on the European Commission to implement a common maximum EU-wide annual growth quota (excluding the protected areas) for wood harvesting in forests, based on different national criteria;
Amendment 416 #
2019/2157(INI)
Motion for a resolution
Paragraph 21 h (new)
Paragraph 21 h (new)
21h. Calls on the European Commission to consider the implementation of EU-wide binding graduated forestry techniques from non- intervention in strictly protected areas, to limited interventions such as ecological and hygienic clearing in buffer zones; regrets the unsustainable practices and illegal logging taking place in such areas in some Member States; further calls on the Member States to consider stringent penalties for flagrant violations and a more efficient and rapid implementation of such penalties;
Amendment 446 #
2019/2157(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the need to develop an EU- wide Forest Information and Monitoring System for Europe under the shared responsibility of all of the relevant Commission Directorates-General, that is able to provide real-time information on forest resources, monitor whether natural reserves and protected trees are well preserved and forecast and measure the impact of natural disasters and disturbances on forest condition and health; stresses the importance of science- based, balanced information with socio- economic indicators for the development of any forest-related EU policy;
Amendment 449 #
2019/2157(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the need to develop an EU- wide Forest Information System for Europe under the shared responsibility of all of the relevant Commission Directorates-General; stresses the importance of science-based, balanced information with socio-economic indicators for the development of any forest-related EU policy; notes that national forest inventories represent a comprehensive monitoring tool for assessing forestry stocks and take into account regional considerations;
Amendment 459 #
2019/2157(INI)
24a. Welcomes the trend toward digitalization in the sector and calls on the European Commission to consider the implementation of an EU-wide digital wood-traceability mechanism for data gathering, consistent transparency, ensuring a level playing field, reducing uncompetitive behaviour and deliberate wrongful action in the wood trade, within and outside the EU, through a verification system; further takes the view that such a verification system would improve compliance, limiting and combating financial fraud, while hampering cartel practices and dismantling illegal logging logistical operations and movement; would further encourage exchanges of good practices with Member States which have already implemented such reforms at national level;
Amendment 482 #
2019/2157(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Instructs its President to forward this resolution to the Council and the Commission, and to the governments and parliaments of the Member States.
Amendment 4 #
2019/2156(INI)
Motion for a resolution
Citation 11
Citation 11
— having regard to the draft feasibility study on options to step up EU action against deforestation, commissioned by the Commission’s Directorate General for Environment (20178),
Amendment 6 #
2019/2156(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the important role played by farmers in food production and how this is dependent on natural resources such as soil, water and forests; recognises the multifunctionality of forests, and stresses the need for a holistic and coherent approach for the protection, restoration and management of forests;
Amendment 28 #
2019/2156(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to its resolution of 15 January 2020 on the European Green Deal
Amendment 31 #
2019/2156(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the year 2020 is the deadline for a number of forest-related international commitments, such as target 15.2 of the UN Sustainable Development Goals (SDGs), which aims to halt deforestation by 2020, and the Aichi biodiversity target 5, adopted in 2010under the UN Convention on Biological Diversity (CBD), which states that “by 2020 the rate of loss of all natural habitats, including forests, is at least halved and where feasible brought close to zero, and degradation and fragmentation is significantly reduced”; whereas these commitments are still far from being met;
Amendment 39 #
2019/2156(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need to promote the consumptionuse of sustainably sourced goods by introducing and promoting the use of a labelling and certification system for deforestation-free products imported into the EU and incorporating the deforestation- free aspect into EU trade deals and other multilateral agreements; notes that some labelling schemes (such as FSC) exist in some countries; is of the opinion that however a ubiquitous system would help both increase awareness and have a quantitative view of the trends globally;
Amendment 44 #
2019/2156(INI)
Motion for a resolution
Recital A
Recital A
A. whereas forests are essential to preserve the world’s biodiversity and climate, and to directly sustain millions of people’s livelihoods; however whereas, despite all efforts so far, conservation, preservation and sustainable use of the world’s forests as well as the protection of indigenous peoples and local communities cannot be adequately ensured by current policies;
Amendment 59 #
2019/2156(INI)
Motion for a resolution
Recital B
Recital B
B. whereas newly planted forests cannot replace primary forests; whereas stepping up action to protect existing forests and actively and sustainably restore the integrity of forest ecosystems before createing new forest coverage has to play a crucial role in the EU’s sustainability policies;
Amendment 61 #
2019/2156(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need for further significant progress in developing and implementing an EU protein plant strategy and ensuring robust protein plant production within the EU, in order to reduce the dependence on imports, and reduce the pressure on forests due to land use change;
Amendment 69 #
2019/2156(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the importance of further developing existing systems such as the FLEGT action plan as well as current legislation like REDD+ and the EU timber regulation, and promotion of current voluntary systems, in order to reduce the administrative burden of Member States, and to enable the transfer of knowledge and education for partners outside the EU;
Amendment 72 #
2019/2156(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU is also indirectly involved in the deforestation and degradation of world forests, including through the consumption of products related to deforestation; whereas EU consumption represents around 10% of the global share of deforestation embodied in total final consumption of commodities such as palm oil, beef, soy, cocoa, maize, timber, including fuelwood for energy, and rubber;
Amendment 84 #
2019/2156(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas a recent Global Witness investigation revealed that, between 2013 and 2019, EU-based financial institutions were the main international source of funds and backed six agribusiness companies linked to forest destruction in the Amazon, Congo Basin, and Papua New Guinea to the tune of €7 billion1a; _________________ 1a https://www.globalwitness.org/en/campaig ns/forests/why-eu-action-tackle- deforestation-should-not-let-finance- hook/
Amendment 89 #
2019/2156(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas current voluntary commitments from companies and banks to tackle deforestation have failed to deliver the change in behaviour needed to halt this disastrous environmental destruction;
Amendment 93 #
2019/2156(INI)
Motion for a resolution
Recital D
Recital D
D. whereas action at all levels, including regulatory measures, as well as substantial investment, will be needed to protect the world's forests more effectively;
Amendment 94 #
2019/2156(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Emphasises the importance of sustainable forest management within the EU and in third countries as an essential factor in ensuring the income of forest owners and farmers practicing agroforestry and in improving the resilience of forests, as well as enhancing carbon sequestration within forests.
Amendment 96 #
2019/2156(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Emphasises the importance of sustainable forest management and education within the EU and in third countries as an essential factor in ensuring the income of forest owners and farmers practicing agroforestry and in improving the resilience of forests.
Amendment 97 #
2019/2156(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas indigenous peoples and local communities are increasingly under threat and facing human rights violations for their efforts to protect their forests, land, and environment;
Amendment 100 #
2019/2156(INI)
Motion for a resolution
Recital E
Recital E
E. whereas increased protection of forests and other natural ecosystems, protects the cultures and livelihoods of indigenous peoples and local communities and provides opportunities for economic development, particularly at the level of local communities;
Amendment 113 #
2019/2156(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Amendment 118 #
2019/2156(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the amount of EU funding provided to support the protection and restoration of forests and sustainable forest management in partner countries is insufficient given the scale of the problem; whereas the protection, restoration and sustainable management of natural ecosystems, as well as their related co- benefits and human rights aspects, need to be better integrated into EU funding mechanisms;
Amendment 125 #
2019/2156(INI)
Motion for a resolution
Recital G
Recital G
Amendment 142 #
2019/2156(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Welcomes the Commission Communication ‘Stepping up EU Action to Protect and Restore the World’s Forests’ and considers it a good basis for the development of decisive EU action to protect and restore forests and other natural ecosystems while protecting human rights; underlines that implementing a comprehensive set of measures and initiatives, including new legislation, is essential to reduce the EU’s footprint on the world’s natural ecosystems;
Amendment 143 #
2019/2156(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Agrees with the priorities for stepping up EU action presented in COM(2019)352; notes, however, that the EU should be more ambitious; the communication; underlines that the five priorities laid out in the communication are equally important and should be implemented simultaneously; notes, however, that the EU should be more ambitious in its actions and policy measures in order to adequately address the urgency of deforestation and forest degradation worldwide; is of the opinion that EU action against deforestation should tackle its main drivers, including palm oil, soy, beef, maize, rubber, cocoa, and fuelwood for energy;
Amendment 152 #
2019/2156(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 166 #
2019/2156(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the EU has the powers, responsibility and funds available to also protect European forests as part of the world’s forests; calls, therefore, on the Commission and the Member States to ensure that measures aimed at protecting and restoring the world’s foreststhe highest standards of environmental protection are consistently applied to European forests;
Amendment 170 #
2019/2156(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission and Member States to recognise that the protection of native forests provides an outstanding climate mitigation benefit, deriving from the size and longevity of their ecosystem carbon stocks, which are greater in primary forests than in production forests even at harvest maturity;
Amendment 184 #
2019/2156(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the crucial role and rights of iIndigenous pPeoples and local communities in the protection of the world’s forests and calls on the Commission to take this role into account in the design, adoption, implementation and enforcement of forest protection measures, both at EU level, in partner countries, in dialogue with other consumer countries and in key international forums;
Amendment 202 #
2019/2156(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the role of civil society, Indigenous People and Communities in environmental protection and sustainable consumption and calls on the Commission and the Member States to ensure transparency and public participation in forest-related measures in order to promote forest protection and human rights;
Amendment 207 #
2019/2156(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a single definition of the concept of non- deforestation- free supply chain is central to addressing the problem of commodities contributing to deforestation, and calls on the Commission to propose such a definition; considers that this definition should be as ambitious as possible, and aim at including forest degradation as well as deforestation and degradation and conversion of natural ecosystems that do not qualify as forests, as well as related human rights violations;
Amendment 217 #
2019/2156(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to ensure that studies on certification schemes for non-deforestation commodities are carried out without delay and to submit these studies, together with a proposal for follow-up actions, to the European Parliament for further consideration with a view to developing a single certification scheme;
Amendment 225 #
2019/2156(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recommends that the Commission pay particular attention to the possibilities of regulating access to the Union market iEmphasises that robust regulatory measures on the basis of due diligence are needed to ensure that there are no products entering the EU market that contribute to deforestation, forest degradation and conversion or der to promote non-deforestation products, including the possibility of introducing due diligence regulation for forest-risk commoditiesgradation of natural ecosystems, biodiversity loss or violations of human rights, including the rights of Indigenous Peoples and Local Communities, in any phase of the supply chain; calls therefore on the Commission to present without delay a proposal for an effective European legal framework based on due diligence to guarantee deforestation-free supply chains for all products placed on the EU market;
Amendment 235 #
2019/2156(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 248 #
2019/2156(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the private sector to be more involved in the fight against deforestation and human rights violations embodied in their supply chains and investments, fulfilling without further delay their zero deforestation commitments; calls, at the same time, on the Commission to step up cooperation with the private sector and to develop appropriate instruments to incentivise volunteers based on the principle of shared responsibilityfrontrunners, as well as encourage companies to transition to global sustainable supply chains;
Amendment 272 #
2019/2156(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the methods used to achieve the objectives set out in the Clean Energy for all Europeans package must not lead to deforestation and forest degradation in other parts of the world; calls, therefore, on the Commission to review by 2021 the relevant aspects of the report annexed to Commission Regulation (EU) 2019/807 and, if necessary, to revise this Regulation without undue delay, and in any case before 2023, in order to phase out as soon as possible high ILUC-risk biofuels used in Europe; on the basis of scientific knowledge and in accordance with the precautionary principle;
Amendment 274 #
2019/2156(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Emphasises the importance of reducing negative impacts of the EU food system on forests and other ecosystems; calls therefore for EU action that creates new incentives to promote sustainable food systems and diets, including reducing waste and pressure on the global food system stemming from EU consumption;
Amendment 284 #
2019/2156(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Commission's plan to ensure that the topic of deforestation is part of country-level political dialogues and recommends that the Commission includeformalises partnership agreements, which include the protection of forests and ecosystems, the promotion of human rights, in particular the rights of iIndigenous pPeoples and local communities, as well as support for the effective participation of civil society organisations and environmentalists in these dialogues;
Amendment 289 #
2019/2156(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the Commission's plan to help partner countries develop and implement national frameworks for forests and their sustainable management, but considers that such assistance should produce measurable results demonstrating its cost-effectiveness and recommends that the Commission include this aspect in its reflections and actionsensuring the recognition of land tenure rights of Indigenous Peoples and Local Communities and incorporating substantial direct support to civil society in partner countries to ensure a balanced and equitable political dialogue; points out that such frameworks should reflect not only domestic needs but also global commitments such as the Paris Agreement;
Amendment 329 #
2019/2156(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the Commission's plan to strengthen cooperation on policies and measures to protect the world’s forests in key international forums, and calls on the Commission to endeavour to cooperate with these forums with a view, inter alia, to harmonising the terminology and concepts in use (e.g. sustainable forest management or deforestation and human rights violation-free supply chains) and to ensuring the coherence of the policies and measures adopted;
Amendment 332 #
2019/2156(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Welcomes the Commission's intention of promoting sustainable supply chains in order to increase the benefits of the circular economy domestically and globally; underlines that this can only be done through mandatory due diligence obligations in line with OECD guidelines which fully respect environmental, social and safety standards as well as fully implementing the UN Guiding Principles on Business and Human Rights; expects the Commission to present a legislative initiative on due diligence, which includes the introduction of a transparent and functioning mandatory ‘social and environmental traceability’ along the entire supply chain;
Amendment 340 #
2019/2156(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to ensure that all newly adopted tradeand future trade and investment agreements, both comprehensive and relevant sub- agreements, are fully compatible with the Paris Agreement and the SDGs, that environmental and climate provisions are legally binding and enforceable and that they contain provisions relating to forests andincluding safeguards to prevent them from being implemented in a manner that could lead to deforestation and forest degradation;
Amendment 355 #
2019/2156(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recommends that the Commission assess the possibility of including forest protection provisionbinding and legally enforceable provisions relating to forests, ecosystems and human rights in existing trade agreements which do not yet contain such provisions or in which such provisions are not binding and legally enforceable in practice;
Amendment 361 #
2019/2156(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Underlines the need to ensure the consistency of EU trade policy with the objectives of deforestation-free policies by guaranteeing the protection and restoration of forests and other natural ecosystems in trading partner countries whilst defending human rights, ensuring good land governance, supporting local livelihoods and maintaining the cultural integrity of Indigenous Peoples, local communities and smallholders;
Amendment 366 #
2019/2156(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to ensure that the impact of trade agreements on the state of forests, natural ecosystems and human rights is systematically evaluated in the framework of sustainability impact assessments and other relevant assessment methods, and that the conclusions of these assessments are subsequently taken into account when deciding whether to conclude such agreements;
Amendment 386 #
2019/2156(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers it necessary to redirect financial flows, both private and public, in the relevant industrial sectors towards activities that do not cause deforestation; underlines the need to introduce mandatory due diligence on deforestation risk for the finance sector to ensure it is not enabling or contributing to deforestation, forest degradation, ecosystem conversion and degradation, or human rights violations.
Amendment 401 #
2019/2156(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to integrate forest and human rights-related elements systematically into development policies and all investment and support programmes aimed at producer countries, and to consider making investments and support conditional on compliance with these elements;
Amendment 57 #
2019/2028(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Recalls its support to fight against discriminatory practices, gender-based violence, hate crimes as well as for the full enjoyment of rights, equality and justice programmes; stresses the significant role played by appropriations spent for non-discrimination instruments, and equality support programmes to enforce minorities’ rights, with a special focus on the rights of women, elderly persons, persons with disabilities and LGBTQI+ persons;
Amendment 60 #
2019/2028(BUD)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on the Commission, the Council and Member States to implement gender budgeting in all public expenditure, especially when planning, negotiating, implementing and revaluating the next multiannual financial framework (MFF); the commitment to safeguard the promotion and protection of gender equality, women’s and girls’ rights in the 2020 budgetary procedure is crucial; gender budgeting should therefore be integrated in all budget lines and follow: 1. the promotion of accountability and transparency in fiscal planning; 2. the increase of gender responsive participation in the budget process; 3. the advancement of gender equality and women’s rights;
Amendment 62 #
2019/2028(BUD)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Recalls that gender mainstreaming is the (re)organisation, improvement, development and evaluation of policy processes, so that a gender equality perspective is incorporated in all policies at all levels and at all stages, by the actors involved in policy-making; therefore the Parliament points out that gender budgeting is one of the integral parts of a gender mainstreaming strategy; stresses the increasing need to for a proper implementation of gender mainstreaming when designing new policies in all the stages of the law-making process, including national policies;
Amendment 64 #
2019/2028(BUD)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Calls for sustainable and adequate funding to be benchmarked for actions provided for an effective implementation of the Istanbul Convention and the Victims' Rights Directive, as key pieces of legislation on fighting violence against women and domestic violence as well as providing an adequate support to victims, creating a comprehensive legal framework and approach to combat gender-based violence, raising awareness campaigns and building a proper state infrastructure in order to combat such violence;
Amendment 65 #
2019/2028(BUD)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7 e. Calls on all Union institutions and specialised bodies, including executive agencies, to integrate into their annual working programmes opportunities for all their staff to undertake specialised trainings as regards non-discrimination and sexual harassment in the workplace;
Amendment 66 #
2019/2028(BUD)
Draft opinion
Paragraph 7 f (new)
Paragraph 7 f (new)
7 f. Deplores the fact that there has been no noticeable progress in terms of following up on the Union's high level political and legal commitments to gender equality and gender mainstreaming in the budgetary process and spending decisions since 2015, also identified by the fact that in the mid-term review of the 2014-2020 MFF nor in the Commission’s proposal for the 2021-2027 gender equality has been taken into consideration.
Amendment 36 #
2019/0017(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Maritime transport has an considerable impact on the global climate, as a result of carbon dioxide (CO2) as well as methane, nitrous oxide and black carbon emissions from shipping. In 2015, it emitted 13% of the total Union greenhouse gas emissions from transport15 . International maritime shipping remainshas been the only means of transportation not included in the Union's commitment to reduce greenhouse gas emissions. Maritime transport also produces emissions with air polluting properties that have detrimental effects on human health and the environment. __________________ 15https://www.eea.europa.eu/data-and- maps/indicators/transport-emissions-of- greenhouse-gases/transport-emissions-of- greenhouse-gases-10.
Amendment 38 #
2019/0017(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Internationally, CO2 emissions from maritime transport are projected to increase by 50% to 250% in the period to 2050. CO2 emissions from maritime transport are also growing rapidly in the Union, increasing by 48% between 1990 and 2008. Without action to tackle emissions from maritime transport, such emissions are expected, by 2050, to increase by 86% above 1990 levels, which would undermine the climate efforts undertaken by other sectors, the Union's objective of becoming an economy with net-zero greenhouse gas emissions by 2050 at the latest, and the goal of the Paris Agreement.
Amendment 41 #
2019/0017(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) There is an urgent need for enhanced action to tackle maritime emissions. As the Union's primary instrument for monitoring, reporting and verification of greenhouse gas emissions and air pollution from maritime transport, this Regulation constitutes a basis for the inclusion of the maritime transport sector in the EU Emissions Trading System (EU ETS), in addition to the adoption of other measures, ensuring that the maritime transport sector contributes to the efforts of reaching the Union's 2050 economy- wide climate neutrality target as well as the 2030 and 2040 targets.
Amendment 42 #
2019/0017(COD)
Proposal for a regulation
Recital 1 c (new)
Recital 1 c (new)
(1c) Maritime transport is also a source of air pollution emissions, such as Sulphur Oxide (SOx), Nitrogen Oxide (NOx), particulate matter (PM), Ozone Depleting Substances (ODS) or Volatile Organic Compounds (VOC)1a. Air polluting emissions impact both the environment and the health of citizens, in particular for those living or working in coastal and port areas. It is estimated that air pollution in Europe causes approximately 400 000 premature deaths per year. Air pollution is also considered to be the largest environmental health risk in Europe.1b It is therefore crucial that the Union adopts additional measures addressing air pollution from maritime transport. __________________ 1ahttp://www.emsa.europa.eu/main/air- pollution/air-pollution.html 1bhttps://www.eea.europa.eu/publications/ air-quality-in-europe-2019
Amendment 45 #
2019/0017(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The European Parliament's Resolution of February 2014 on a 2030 framework for climate and energy policies has repeatedly called on the Commission and the Member States to set a binding Union 2030 target of reducing greenhouse gas emissions by at least 4055% compared to 1990 levels and to achieve climate neutrality in the Union by 2050 at the latest. The European Parliament has also notstressed that all sectors of the economy, including the maritime transport sector, would need to contribute to the reduction of greenhouse gas emissions in line with the polluter-pays principle if the Union is to deliver its fair share of global efforts and reach its climate targets. Rapid efforts to decarbonise the maritime transport sector are all the more important in view of the resolution by the Parliament of 28 November 2019 on the climate and environment emergency.
Amendment 50 #
2019/0017(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In its Conclusions of 24 Octo12 December 201491a, the European Council endorsed a binding Union target of an at least 40% domestic reductiothe objective of achieving a climate-neutral EU by 2050, in lin greenhouse gas emissions by 2030 compared to 1990. The European Council also stated the importance of reducing greenhouse gas emisse with the objectives of the Paris Agreement. The European Council also stated that all relevant EU legislations and risks related to fossil fuel dependency in the transport sector and invipolicies need to be consistent with, and contributed the Commission to examine further instruments and measures for a comprehensive and technology-neutral approach, including for the promotion of emissions reduction, renewable energy sources, and energy efficiency in transport. o, the fulfilment of the climate neutrality objective while respecting a level playing field. __________________ 1a https://www.consilium.europa.eu/media/4 1768/12-euco-final-conclusions-en.pdf
Amendment 51 #
2019/0017(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
Amendment 52 #
2019/0017(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 54 #
2019/0017(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In its communication on the European Green Deal of 11 December 2019, the Commission stated its intention to extend the EU ETS to the maritime sector, regulate access of the most polluting ships to Union ports and oblige docked ships to use shore-side electricity.
Amendment 64 #
2019/0017(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Article 22 of the EU MRV Regulation states that the Commission will, in the event of an international agreement on a global monitoring, reporting and verification system or on global measures to reduce greenhouse gas emissions from maritime transport, review the EU MRV Regulation and, if appropriate, propose amendments in order to ensure alignment withalign the Regulation with that international agreement. It is important that, international agreementrrespective of any global measures, the Union remains able to be ambitious and demonstrate climate leadership by maintaining or adopting more stringent measures within the Union.
Amendment 70 #
2019/0017(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Global IMO DCS provisions on data to be monitored and reported annually should be taken into account so as to ensure that streamlined data is collected for ships' activities falling under both systems. In order to do so, the parameter "deadweight tonnage" should be reported butin addition to "cargo carried" should remain on a voluntary basis. "Time at sea" should be replaced by the global IMO DCS definition of “hours underway". Finally, calculation of “distance travelled” should be based on global IMO DCS25 to reduce administrative burden. __________________ 25 IMO Resolution MEPC 282 (70).
Amendment 86 #
2019/0017(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The transition to climate neutral shipping has yet to be achieved and regulatory measures in that regard have been hitherto inadequate. Ports can have a significant role in the decarbonisation of maritime transport. Operators of ships calling at Union ports should be obliged to ensure, through means such as connecting to shore-side electricity, that when at berth their ships do not emit greenhouse gas or air-polluting emissions. This would be particularly important in the case of berths located close to urban areas, in order to reduce the effects of air pollution on human health. Given the differential impacts of ships in relation to greenhouse gas and air-polluting emissions, most polluting ships, including large passenger ships, should be required to comply with that requirement first.
Amendment 97 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
Regulation (EU) 2015/757
Recital 23
Recital 23
(23) Other greenhouse gases, climate forcers or air pollutants should not be covered by the Union MRV system at this stage to avoid requi-1) Recital 23 is replaced by the following: "(23) The Union MRV system should be extended to cover also other grements to install nothouse gases, climate forcers and air pollutants, where sufficiently reliable or commercially available measuring equipment, which could impede the implementation of the Union MRV system. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32015R0757) exists, to better protect the climate, the environment and human health." Or. en
Amendment 107 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph -1 a (new)
Article 1 – paragraph -1 a (new)
Regulation (EU) 2015/757
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 111 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph -1 b (new)
Article 1 – paragraph -1 b (new)
Regulation (EU) 2015/757
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(-1b) Article 3, paragraph 1, point b is replaced by the following: "(b) ‘port of call’ means the port where a ship stops to load or unload a substantial part of cargo or to embark or disembark passengers; consequently, stops for the sole purposes of refuelling, obtaining supplies, relieving the crew, going into dry-dock or making repairs to the ship and/or its equipment, stops in port because the ship is in need of assistance or in distress, ship-to- ship transfers carried out outside ports, and stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities are excluded; " Or. en ((https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02015R0757- 20161216&from=EN))
Amendment 112 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a – introductory part
Article 1 – paragraph 1 – point a – introductory part
(a) points (b) and (d) isare replaced by the following:
Amendment 122 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point a – introductory part
Article 1 – paragraph 3 – point a – introductory part
(a) points (e) and (f) areis replaced by the following:
Amendment 123 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
Regulation (EU) 2015/757
Article 9 – paragraph 1 – point f
Article 9 – paragraph 1 – point f
Amendment 131 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 4 – point a a (new)
Article 1 – paragraph 4 – point a a (new)
Regulation (EU) 2015/757
Article 10 – paragraph 1 – point j a (new)
Article 10 – paragraph 1 – point j a (new)
(aa) In Article 10, paragraph 1, the following point is added : (ja) cargo carried.
Amendment 132 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point a
Article 1 – paragraph 5 – point a
Regulation (EU) 2015/757
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where there is a change of company, the previous company shall submit to the Commission and to the authorities of the flag State concerned, on the day of the completion of the change or as close as practical to the day of the completion of the change and no later than threone months thereafter, a report covering the same elements as the emissions report but limited to the period corresponding to the activities carried out under its responsibility. The new company shall ensure that each ship under its responsibility complies with the requirements of this Regulation with regard to the remainder of the reporting period following the change.;
Amendment 134 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
Regulation (EU) 2015/757
Chapter II a (new) – Article 12 a (new)
Chapter II a (new) – Article 12 a (new)
Amendment 143 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 5 b (new)
Article 1 – paragraph 5 b (new)
Regulation (EU) 2015/757
Article 21 – paragraph 1
Article 21 – paragraph 1
(5b) Article 21, paragraph 1, is replaced by the following: "1. By 30 June each year, the Commission shall make publicly available the information on CO2 emissions reported in accordance with Article 11 as well as the information set out in paragraph 2 of this Article. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32015R0757)
Amendment 148 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 6 a (new)
Article 1 – paragraph 6 a (new)
Regulation (EU) 2015/757
Article 21 a (new)
Article 21 a (new)
(6a) The following Article 21a is inserted: "Article 21a Environmental performance labelling of ships 1. So as to incentivise emissions reductions and increase the transparency of information, the Commission shall set up a holistic Union labelling system for the environmental performance of the ships which shall apply to the ships covered by this Regulation. 2. By 1 July 2021, the Commission shall adopt delegated acts in accordance with Article 23 to supplement this Regulation by setting out the detailed provisions of the functioning of the Union labelling system for the environmental performance of ships as well as the technical standards which constitute its basis."
Amendment 150 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 6 a (new)
Article 1 – paragraph 6 a (new)
Regulation (EU) 2015/757
Article 22 – paragraph 3
Article 22 – paragraph 3
(6a) In Article 22, paragraph 3 is replaced by the following: "3. In the event that an international agreement on a global monitoring, reporting and verification system for greenhouse gas emissions or on global measures to reduce greenhouse gas emissions from maritime transport is reached, the Commission shall review this Regulation and shall, if appropriate, propose amendments to this Regulation in order to ensure alignmen it with that international agreement. such international agreement. Any such international agreement on global measures shall be without prejudice to the Union's ability to maintain or adopt more stringent measures within the Union. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32015R0757)
Amendment 156 #
2019/0017(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Directive 2003/87/EC
Chapter II a (new)
Chapter II a (new)
Amendment 41 #
2018/0330B(COD)
Proposal for a regulation
Recital 81 a (new)
Recital 81 a (new)
(81 a) FADO is specifically created for the purpose of hosting specimen documents and examples of falsified documents that include descriptions of methods of falsification and forgery provided by Member States, and might also host such documents originating from third countries, territorial entities, international organisations and other entities subject to international law. As a direct consequence of that purpose, it should be possible to store personal data in the form of facial images in FADO in so far as the security features of a document cannot be separated from those facial images, or where a false, forged, counterfeit or pseudo document imitates security features that cannot be separated from a facial image. No alphanumeric personal data should be stored in FADO. The European Border and Coast Guard Agency established by Regulation (EU) 2019/... of the European Parliament and of the Council (‘the Agency’) should take the necessary steps to anonymise all elements of personal data which is not necessary in relation to the purposes for which the data is processed in accordance with the principle of data minimisation, provided for in point (c) of Article 4(1) of Regulation (EU) 2018/1725. It should not be possible to retrieve or search any elements of personal data in FADO.
Amendment 45 #
2018/0330B(COD)
Proposal for a regulation
Recital 81 b (new)
Recital 81 b (new)
(81 b) FADO should contain information on all types of genuine travel, identity, residence and civil status documents, driving licenses and vehicle licenses issued by Member States and falsified versions of such documents in their possession, and might also contain other related official documents that are used when applying for travel, residence or identity documents issued by Member States. It might also contain any such documents issued by third countries, territorial entities, international organisations and other entities subject to international law.
Amendment 46 #
2018/0330B(COD)
Proposal for a regulation
Recital 81 c (new)
Recital 81 c (new)
(81 c) While Member States can maintain or develop their national systems containing information on genuine and false documents, they should be obliged to provide the Agency with information on genuine travel, identity, residence and civil status documents, driving licenses and vehicle licenses which they issue, and falsified versions of such documents in their possession. The Agency should upload that information to FADO in order to guarantee the uniformity and quality of the information. In particular, Member States should provide all security features of new versions of genuine documents issued by Member States that are covered by this Regulation.
Amendment 47 #
2018/0330B(COD)
(81 d) In order to ensure a high level of control of document fraud by Member States, the Member States’ authorities competent in the area of document fraud such as border police, other law enforcement authorities or certain other third parties should be provided with differing levels of access to FADO, depending on their requirements. As the conditions and measures for granting such access are non-essential elements supplementing this Regulation, they should be laid down by means of delegated acts. Equally, FADO should enable certain users to have at their disposal information on any new forgery methods that are detected and on new genuine documents that are in circulation.
Amendment 51 #
2018/0330B(COD)
Proposal for a regulation
Recital 101 a (new)
Recital 101 a (new)
Amendment 52 #
2018/0330B(COD)
Proposal for a regulation
Article 80
Article 80
Amendment 58 #
2018/0330B(COD)
Proposal for a regulation
Article 80 a (new)
Article 80 a (new)
Amendment 61 #
2018/0330B(COD)
Proposal for a regulation
Article 80 b (new)
Article 80 b (new)
Amendment 65 #
2018/0330B(COD)
Proposal for a regulation
Article 80 c (new)
Article 80 c (new)
Article 80 c Responsibilities of the Agency 1. The Agency shall be responsible for establishing FADO in accordance with this Regulation. The Agency shall ensure the functioning of FADO 24 hours a day, 7 days a week and provide for its maintenance and updating. 2. The Agency shall provide the Member States’ competent authorities with near real-time assistance in the detection and identification of falsified documents. 3. The Agency shall be responsible for uploading the information received from the Member States in a timely and efficient manner in order to guarantee the uniformity and quality of the data while ensuring the respect for the principle of data minimisation provided for in point (c) of Article 4(1) of Regulation (EU) 2018/1725. 4. The Agency shall be responsible for uploading information on documents from third countries, territorial entities, international organisations and other entities subject to international law, and information on falsifications thereof .
Amendment 68 #
2018/0330B(COD)
Proposal for a regulation
Article 80 d (new)
Article 80 d (new)
Article 80 d FADO architecture and access to the system The FADO architecture shall enable: (a) document experts of the Member States’ authorities competent in the area of document fraud, such as border police and other law enforcement authorities, to access the system in an unrestricted manner; (b) Member States’ authorities and third parties, such as Union institutions, bodies, offices and agencies, to access the system in a restricted manner where they require access to limited information regarding the security features and falsification of documents; (c) third parties, such as airlines, third countries or international organisations that do not require detailed information regarding the security features and falsification of documents to access the system in a restricted manner, but shall not grant them access to any personal data that are not subject to the consent of the individual concerned; (d) the public to access the system in a restricted manner for specimen documents but shall not grant it access to personal data that are not subject to the consent of the individual concerned; the public shall only be provided with access to public information on security features.
Amendment 71 #
2018/0330B(COD)
Proposal for a regulation
Article 80 e (new)
Article 80 e (new)
Article 80 e Processing of personal data by the Agency The Agency shall apply Regulation (EU) 2018/1725 when processing personal data. In accordance with Article 80b, the Agency shall upload personal data, in the form of facial images, only to the extent that those images are strictly necessary to describe or illustrate the security feature or the method of falsification.
Amendment 72 #
2018/0330B(COD)
Proposal for a regulation
Article 80 f (new)
Article 80 f (new)
Article 80 f Delegated and implementing acts 1. The Commission shall adopt delegated acts in accordance with Article 80g acts concerning: (a) the establishment of measures granting access to FADO to Member States’ authorities competent in the area of document fraud; (b) the establishment of measures granting restricted access to FADO to third parties such as airlines, Union institutions, bodies, offices and agencies, third countries or international organisations. 2. The Commission shall adopt implementing acts in accordance with Article X concerning the establishment of: (a) the technical specifications for entering and storing information into the system; (b) the procedures for controlling and verifying the information contained in the system; (c) the determination of the date of the effective implementation of FADO by the Agency. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article X.
Amendment 73 #
2018/0330B(COD)
Proposal for a regulation
Article 80 g (new)
Article 80 g (new)
Article 80 g Exercise of delegation 1. The power to adopt delegated acts is conferred on to the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 80f(1) shall be conferred on the Commission for an indeterminate period of time from … [date of entry into force of this Regulation]. 3. The delegation of power referred to in Article 80f(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 80f(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 1 #
2017/0360R(NLE)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),
Amendment 10 #
2017/0360R(NLE)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
- having regard to its resolution of 25 November 2019 on the Union’s accession to the Istanbul Convention on preventing and combating violence against women 14a, _________________ 14a Texts adopted, P9_TA(2019)0080.
Amendment 11 #
2017/0360R(NLE)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to its legislative resolution of 17 April 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Rights and Values programme 16a, _________________ 16a Texts adopted, P8_TA(2019)0407.
Amendment 53 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reiterates its position as regards the budget envelope for the new Rights and Values Programme within the next Multiannual Financial Framework, and calls to ensure that adequate funding is provided for national and local civil society organizations to grow grassroots support for democracy, rule of law and fundamental rights in the Member States, including Poland;
Amendment 76 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned that the new Chamber of Extraordinary Control and Public Matters of the Supreme Court (hereinafter the ‘Extraordinary Chamber’), which is composed in majority of judges nominated by the new National Council of the Judiciary (NCJ) and risks not to qualify as independent tribunal in the assessment of the CJEU, is to ascertain the validity of general and local elections and to examine electoral disputes; this raises serious concerns as regards the separation of powers and the functioning of Polish democracy, in that it makes judicial review of electoral disputes particularly vulnerable to political influence and is capable of creating legal uncertainty as to the validity of such review22 ; _________________ 22Venice Commission, Opinion of 8-9 December 2017, CDL-AD(2017)031, para. 43; Third Commission Recommendation (EU) 2017/1520 of 26 July 2017, para. 135.
Amendment 80 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is concerned, while recognising the extraordinary circumstances created by the COVID-19 health crisis, about the amendments to the electoral legislation being considered in the Polish parliament shortly before the presidential elections which change the practical organisation of the elections in order to proceed to a vote by postal services, which could impede the elections from taking a fair, secret and equal course, respectful of the right to privacy and Regulation (EU) 2016/679 of the European Parliament and of the Council23 and which moreover run counter to the case law of the Polish Constitutional Tribunal; stresses, moreover, that it is very difficult to organise a genuine election campaign giving an equal share of attention and equal opportunities to all candidates and programmes and allowing for real public debate in the midst of an epidemic24 ; notes with concern that the elections, originally scheduled to be held on 10 May 2020, were eventually postponed without respecting formal legal requirements; _________________ 23Regulation (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). 24OSCE/ODIHR, Opinion on the draft act on special rules for conducting the general election of the President of the Republic of Poland ordered in 2020 (Senate Paper No. 99), 27 April 2020.
Amendment 88 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that the acts concerning the Constitutional Tribunal adopted on 22 December 2015 and 22 July 2016, as well as the package of three acts adopted at the end of 2016, seriously affected the Constitutional Tribunal’s independence and legitimacy and were therefothat the first two acts were declared unconstitutional by the Constitutional Tribunal on respectively 9 March 2016 and 11 August 2016; recalls that those judgments were not published at the time nor implemented by the Polish authorities; seriously deplores the lack of independent and effective constitutional review in Poland since the entry into force of the aforementioned legislative changes25 ; invites the Commission to consider launching an infringement procedure in relation to the legislation on the Constitutional Tribunal; _________________ 25 Venice Commission Opinion of 14-15 October 2016, para. 128; UN, Human Rights Committee, Concluding observations on the seventh periodic report of Poland, 31 October 2016, paras 7-8; Commission Recommendation (EU) 2017/1520.
Amendment 91 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that, already in 2017, changes in the method of nomination of candidates to the position of the First President of the Supreme Court deprived the participation of the Supreme Court judges in the selection procedure of any meaningful effect and put the decision in the hands of the President of the Republic; denounces that recent amendments to the act on the Supreme Court even further reduce the participation of the judges in the process of selection of the First President of the Supreme Court by introducing a position of First President ad interim appointed by the President of the Republic and by reducing the quorum in the third round to 32 out of 120 judges only, thereby effectively abandoning the model of power-sharing between the President and the judicial community enshrined in Article 183(3) of the Polish Constitution26 ; notes with concern the irregularities surrounding the nomination of the First President ad interim and his further actions; notes that, on 25 May 2020, the President of the Republic of Poland did not choose the candidate with the largest support among the Supreme Court judges as First President of the Supreme Court; _________________ 26Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, CDL-PI(2020)002, paras 51-55.
Amendment 102 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that, in 2017, two new chambers within the Supreme Court were created, namely the Disciplinary Chamber and the Extraordinary Chamber, which were staffed with newly appointed judges selected by the new NCJ and entrusted with special powers – including the power of the Extraordinary Chamber to quash final judgments taken by lower courts or by the Supreme Court itself by way of extraordinary review, and the power of the Disciplinary Chamber to discipline other (Supreme Court) judgejudges of the Supreme Court and of common courts, creating de facto a “Supreme Court within the Supreme Court”;30 _________________ 30OSCE-ODIHR, Opinion of 13 November 2017, p. 7-20; Venice Commission, Opinion of 8-9 December 2017, para. 43; Recommendation (EU) 2018/103, para. 25; GRECO, Addendum to the Fourth Round Evaluation Report on Poland (Rule 34) of 18-22 June 2018, para. 31; Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 8.
Amendment 106 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that the referring Supreme Court (Labour Chamber) subsequently concluded in its judgment of 5 December 2019 that the Disciplinary Chamber does not fulfil the requirements of an independent and impartial tribunal, and that the Supreme Court (Civil, Criminal and Labour Chambers) adopted a resolution on 23 January 2020 reiterating that the Disciplinary Chamber is not a court due to its lack of independence and therefore its decisions shall be considered null and void; notes with grave concern that the Polish authorities have declared that those decisions are of no legal significance when it comes to the continuing functioning of the Disciplinary Chamber and the NCJ, and that the Constitutional Tribunal has ‘suspended’ the resolution of 23 January 2020, creating a dangerous judiciary duality in Poland and moreover openly defying the primacy of Union law and the status granted to the CJEU by Article 19(1) TEU in that it limits the effectiveness and application of the CJEU’s ruling of 19 November 201932 ; _________________ 32Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 38.
Amendment 112 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that the Supreme Court (Labour Chamber), implementing the criteria set out by the CJEU in its judgment of 19 November 2019, found in its judgment of 5 December 2019 and in its decisions of 15 and 23 January 2020 that the decisive role of the new NCJ in the selection of the judges of the newly created Disciplinary Chamber undermines the latter’s independence and impartiality; is concerned about the legal status of the judges appointed or promoted by the NCJ in its current composition and about the impact their participation in adjudicating may have on the validity and legality of proceedings;
Amendment 114 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls that the European Network of Councils for the Judiciary (ENCJ) suspended the new NCJ on 17 September 2018 for reason of no longer fulfilling the requirements of being independent of the executive and legislature and is now considering expelling the new NCJ entirelyhas initiated the expulsion procedure in April 202035 ; _________________ 35 ENCJ, Letter of 21 February 2020 by the ENCJ Executive Board. See as well the letter of 4 May 2020 by the European Association of Judges in support of the ENCJ.
Amendment 116 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to start infringement proceedings against the act of 12 May 2011 on the NCJ as amended in 2017 and to ask the CJEU to suspend the activities of the new NCJ by way of interim measures;
Amendment 126 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Expresses concern regarding the disciplinary proceedings initiated against common court judges in reference to their judicial decisions or public statements in defence of judicial independence;
Amendment 139 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Is concerned about reports alleging undue delays in court proceedings, difficulties in accessing legal assistance during arrest, and instances of insufficient respect for the confidentiality of communication between counsel and client44 ; calls on the Commission to closely monitor the situation of lawyers in Poland; reminds of the right of all citizens to being advised, defended and represented by an independent lawyer according to Article 48 of the Charter of Fundamental Rights; _________________ 44UN Human Rights Committee (HRC), Concluding observations on the seventh periodic report of Poland, 23 November 2016, para. 33.
Amendment 150 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Recalls that in its resolution of 14 September 2016, Parliament has expressed its concern about already adopted and newly suggested changes to Polish media law; repeats its call on the Commission to carry out an assessment of the legislation adopted as regards its compatibility with Union Law, in particular, regarding the with Article 11 of the Charter of Fundamental Rights and Union legislation on public media;
Amendment 151 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Recalls that, in its resolution of 16 January 2020, Parliament has called on the Council to address in the hearings under Article 7(1) of the TEU any new developments in the field of freedom of expression, including media freedom; condemns cases of censoring content by the public broadcasters in Poland;
Amendment 210 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Notes that in 2016 the Ministry of Justice prepared a draft motion for consideration to denounce the Istanbul Convention, which is the most comprehensive instrument that sets legally binding standards to prevent gender-based violence; moreover, is deeply concerned that the Polish Deputy Minister of Justice has recently declared that Poland should denounce the Convention;
Amendment 227 #
2017/0360R(NLE)
46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, the banning of and inadequate protection against attacks on Pride marches and awareness-raising programmes, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’, and called on the Commission to strongly condemn such public discrimination;
Amendment 234 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Notes that the lack of independence of the judiciary in Poland has already started affecting mutual trust between Poland and other Member States, especially in the field of judicial cooperation in criminal matters, given that national courts have refused to or hesitated to release Polish suspects under the European Arrest Warrant (EAW) procedure due to profound doubts about the independence of the Polish judiciary; points out that mutual trust between the Member States can be restored only once respect for the values enshrined in Article 2 TEU is ensured;
Amendment 252 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Calls on the Commission to make full use of the tools available to it, to address a clear risk of a serious breach by Poland of the values on which the Union is founded, in particular expedited infringement procedures and applications for interim measures before the CJEU, as well as budgetary tools; strongly supports the Commission’s approach on inclusion of rule of law conditionality in the future Multiannual Financial Framework; calls on the Commission to continue to keep Parliament regularly informed and closely involved;
Amendment 3 #
2016/0062R(NLE)
Motion for a resolution
Citation 5
Citation 5
— having regard to the Treaty on the European Union (TEU), in particular Articles 2 and 3 thereof, of the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), in particular, Articles 8, 10, 19, 83, 153 and 157 of thereof the Treaty on the Functioning of the European Union (TFEU),
Amendment 6 #
2016/0062R(NLE)
Motion for a resolution
Citation 11
Citation 11
— having regard to the judgementscase law of the European Court of Human Rights in case(ECtHR), and in particular, the judgements on domestic violence and violence against women, in particular Opuz v Turkey7 , Y and Others v Bulgaria8 , Landi v Italy9 , M.C. v Bulgaria10 , and J.L. v Italy11 , _________________ 10 https://hudoc.echr.coe.int/fre#%7B%22ite mid%22:[%22003-883968- 908286%22]%7D 11 https://hudoc.echr.coe.int/fre#%7B%22dis play%22:[2],%22itemid%22:[%22002- 13282%22]%7D 7 https://hudoc.echr.coe.int/fre#{%22itemid %22:[%22002-1449%22]} 8 https://hudoc.echr.coe.int/fre#{%22itemid %22:[%22001-86875%22]} 9 https://hudoc.echr.coe.int/fre#{%22itemid %22:[%22002-13632%22]}
Amendment 8 #
2016/0062R(NLE)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to the issue paper of the Council of Europe’s Commissioner for Human Rights of 4 December 2017 entitled ‘Women’s sexual and reproductive health and rights in Europe’,
Amendment 9 #
2016/0062R(NLE)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
— having regard to the Vienna Convention on the Law of Treaties of 23 May 1969, and in particular, Articles 11, 12, 26 and 27 thereof,
Amendment 11 #
2016/0062R(NLE)
Motion for a resolution
Citation 12
Citation 12
— having regard to the Council of Europe Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) baseline evaluation reports and in particular, the reports on Austria, Belgium, Denmark, Finland, France, Italy, Malta, Netherlands, Poland, Portugal, Romania, Slovenia, Spain and Sweden, including the lists of proposals and suggestions made by GREVIO and recommendations by the Committee of the Parties,
Amendment 16 #
2016/0062R(NLE)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September 1995, and to the subsequent outcome documents adopted at the United Nations Beijing +5 (2000), Beijing +10 (2005), Beijing +15 (2010) and Beijing +20 (2015) special sessions,
Amendment 22 #
2016/0062R(NLE)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard to the provisions of the UN legal instruments in the sphere of human rights, in particular those concerning women’s rights,
Amendment 25 #
2016/0062R(NLE)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
Amendment 37 #
2016/0062R(NLE)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
— having regard to the Commission communication of 24 June 2020 entitled ‘EU Strategy on victims’ rights (2020- 2025)’,
Amendment 38 #
2016/0062R(NLE)
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
— having regard to the Commission communication of 12 November 2020 entitled ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’,
Amendment 39 #
2016/0062R(NLE)
Motion for a resolution
Citation 17 c (new)
Citation 17 c (new)
— having regard to the Commission communication entitled ‘A long-term Vision for the EU's Rural Areas - Towards stronger, connected, resilient and prosperous rural areas by 2040’ (COM/2021/345),
Amendment 40 #
2016/0062R(NLE)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
— having regard to its resolution of 13 February 2019 on experiencing a backlash in women’s rights and gender equality in the EU 1a, _________________ 1a OJ C 449, 23.12.2020, p. 102
Amendment 41 #
2016/0062R(NLE)
Motion for a resolution
Citation 21 b (new)
Citation 21 b (new)
— having regard to its resolution of 28 November 2019on the EU’s accession to the Istanbul Convention and other measures to combat gender-based violence 1a, _________________ 1a OJ C 232, 16.6.2021, p. 48
Amendment 42 #
2016/0062R(NLE)
Motion for a resolution
Citation 21 c (new)
Citation 21 c (new)
— having regard to its resolution of 21 January 2021 on the EU Strategy for Gender Equality 1a, _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0025_EN.html
Amendment 43 #
2016/0062R(NLE)
Motion for a resolution
Citation 21 d (new)
Citation 21 d (new)
— having regard to its resolution of 11 February 2021on challenges ahead for women’s rights in Europe: more than 25 years after the Beijing Declaration and Platform for Action 1a, _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0058_EN.html
Amendment 45 #
2016/0062R(NLE)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
Amendment 57 #
2016/0062R(NLE)
Motion for a resolution
Recital A
Recital A
A. whereas gender equality is a core value of the EU, enshrined in Article 2 of TEU and stressed in Article 23 of the Charter of Fundamental Rights, and must be mainstreamed in EU activities, programmes; whereas the eradication of gender-based violence against women and girls is a prerequisite to achieving real gender equality;
Amendment 65 #
2016/0062R(NLE)
Motion for a resolution
Recital B
Recital B
B. whereas gender-based violence against women and girls is a severe form of gender inequality and discriminationis both a cause and a consequence of the structural inequalities which are rooted in gender stereotypes, hetero-patriarchal structures and power asymmetries; whereas gender-based violence, both online and offline, is the most severe manifestation of gender inequality and discrimination, a pervasive human rights violation, and has a severe impact on victims, which may result in lasting physical, sexual, emotional or psychological harm or economic and financial damage;
Amendment 71 #
2016/0062R(NLE)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas women and girls in all their diversity are particularly targeted by gender-based violence; whereas LGBTIQ+ persons are victims of gender- based violence because of their gender, gender identity, gender expression or sex characteristics; whereas intersectional forms of discrimination, including discrimination based on race, language, religion, belief, national or social origin, belonging to a national or ethnic minority, birth, sexual orientation, age, state of health, disability, marital status or migrant or refugee status can exacerbate the consequences of gender-based violence;
Amendment 73 #
2016/0062R(NLE)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas the Istanbul Convention stipulates that all its provisions, in particular measures to protect the rights of victims, ‘shall be secured without discrimination on any ground such as sex, gender, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, gender identity, age, state of health, disability, marital status, migrant or refugee status, or other status’;
Amendment 75 #
2016/0062R(NLE)
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas the present decade is witnessing a visible and increasing organised offensive against gender equality, women’s rights and the rights of LGBTIQ+ persons, which is particularly manifested in a number of Member States; which has the consequence of a visible increase in online and offline violence against women and LGBTIQ+ persons;
Amendment 76 #
2016/0062R(NLE)
Motion for a resolution
Recital B d (new)
Recital B d (new)
B d. whereas the level of gender equality is often indicative and serves as a first warning of the deteriorating situation of fundamental rights and values, including democracy and rule of law, in a given society; whereas efforts to restrict or undermine women’s rights and gender- equality are frequently a sign of broader societal conflict;
Amendment 80 #
2016/0062R(NLE)
Motion for a resolution
Recital C
Recital C
C. whereas recently the estimated cost of gender-based violence and intimate partner violence in the European Union have increased by around one third, and the estimated costs of gender-based violence is EUR 366 billion per year23 ; _________________ 23 European Institute for Gender Equality, ‘The costs of gender-based violence in the European Union’, Publications Office of the European Union, Luxembourg, 2021.
Amendment 87 #
2016/0062R(NLE)
Motion for a resolution
Recital D
Recital D
D. whereas gender-based violence against women and girls can affect many fundamental rights enshrined in the Charter; whereas it is important to acknowledge and address structural and institutional violence, which can be defined as the subordination of women in economic, social and political life, when attempting to explain the prevalence of violence against women within our societies;
Amendment 104 #
2016/0062R(NLE)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Amendment 108 #
2016/0062R(NLE)
Motion for a resolution
Recital F
Recital F
F. whereas the lack of effectiveness and speediness of prosecution and the judicial systems, as well as the lack of trust in law enforcement and the lack of adequate social and medical services are frequent reasons for the non- reporting of gender-based violence; whereas, in many cases, the victim can be subjected to degrading comments, repeated exposure of the victim to the perpetrator, victim blaming and repeated interrogation about the same facts, by law enforcement officials or police, which exacerbates their fear of reporting the violence, motivating secondary forms of victimisation;
Amendment 115 #
2016/0062R(NLE)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the structural context of discrimination and inequality hinders that victims of gender-based violence have equal access to victim support and justice; whereas specific groups subject to gender- based violence such as racialized women, women with disabilities, migrant women and LGBTIQ+ persons, face additional barriers to accessto justice;
Amendment 120 #
2016/0062R(NLE)
Motion for a resolution
Recital G
Recital G
G. whereas the UN Committee on the Elimination of Discrimination against Women (CEDAW) defines gender-based violence as violence which is directed against a woman because she is a woman or that affects women disproportionately; whereas CEDAW underlines that gender- based violence is a form of discrimination that seriously inhibits women’s ability to exercise rights and freedoms on a basis of equality with men and thus a violation of their human rights;
Amendment 122 #
2016/0062R(NLE)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas impunity for the perpetrators of crimes against women still persists and must be eradicated by ensuring that perpetrators are prosecuted and receive appropriate penalties, and that women and girls who are survivors of violence receive the needed support and recognition from the judicial system especially in the case of those living in rural areas where protection services for victims do not exist or are very limited; whereas it is fundamental to provide tailored training for practitioners and law enforcement officers, including judges, public prosecutors, judicial staff, forensic experts, service providers, workplace managers and other professionals dealing with victims of gender-based violence;
Amendment 127 #
2016/0062R(NLE)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas the denial of sexual and reproductive health and rights is a form of violence against women and girls, and stresses that the ECtHR has ruled on several occasions that restrictive abortion laws and lack of implementation violates the human rights of women, and hence it constitutes a form of gender-based violence;
Amendment 139 #
2016/0062R(NLE)
Motion for a resolution
Recital I
Recital I
I. whereas the Istanbul Convention is a unique tool to combat gender-based violence at European level and beyond; whereas it aims at prevention of violence, victim protection and ending impunity of perpetrators;
Amendment 146 #
2016/0062R(NLE)
Motion for a resolution
Recital J
Recital J
J. whereas the Istanbul Convention, in its Article 3, defines ‘gender-based violence’ as ‘violence that is directed against a woman because she is a woman or that affects women disproportionately’, and furthermore also defines ‘gender’ as ‘the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men’, which recalls that many forms of gender-based violence are rooted in power inequalities;
Amendment 152 #
2016/0062R(NLE)
Motion for a resolution
Recital L
Recital L
L. whereas the accession of all Member States to the Istanbul Convention would support a coordinated approach in fighting violence against womengender-based violence, together with existing or future related measures at EU level;
Amendment 156 #
2016/0062R(NLE)
Motion for a resolution
Recital M
Recital M
M. whereas all Member States have signed the Istanbul Convention, but only 21 have ratified it, the 6 remaining Member States who have not being Bulgaria, Czechia, Hungary, Latvia, Lithuania, Slovakia; whereas the EU’s accession to the Convention does not exempt Member States from national ratification;
Amendment 165 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the EU’s signature of the Istanbul Convention on 13 June 2017; notes that the legal uncertainty caused by the limitation of the scope of the EU’s future accession to certain provisions of the Convention, namely matters related to judicial cooperation in criminal matters, asylum and non-refoulement, as well as the concerns regarding the internal procedure in view of the ratification of the Convention were answered in the Court of Justice of the European Union (CJEU) Opinion of 6 October 2021; regrets, however, that despite the fact that there are no legal obstacles for the Council to proceed to the ratification of the Convention, as a qualified majority is sufficient to adopt the Convention, it has not ratified the Convention to this date; shares the opinion from the CJEU that the political discretion from the Council is not ‘unlimited’; urges the Council not to delay the EU accession to the Istanbul Convention any longer;
Amendment 168 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reiterates its call on the Council to urgently conclude the EU ratification of the Istanbul Convention on the basis of a broad accession without any limitations, and to advocate its ratification by all the Member States;
Amendment 169 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. calls on the Council and the Commission to ensure the full integration of the Convention into the EU legislative and policy framework;
Amendment 170 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Recalls that the EU accession to the Istanbul Convention does not exempt Member States from national ratification of the Convention; points out that while all Member States have already signed the Istanbul Convention, six (Bulgaria, Czechia, Hungary, Latvia, Lithuania, Slovakia) have not ratified it yet; calls on the Member States to speed up negotiations on the ratification and implementation of the Istanbul Convention and calls, in particular, on Bulgaria, Czechia, Hungary, Latvia, Lithuania, Slovakia that have signed but not ratified the Convention to do so without delay;
Amendment 171 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Strongly condemns the attempts in some Member States to revoke measures already taken in implementing the Istanbul Convention and in combating violence against women;
Amendment 172 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2 e. Having in mind the backlash against women's rights and the Istanbul Convention in some Member States, especially in Poland, where the Prime Minister requested an examination of the constitutionality of the Istanbul Convention before the Constitutional Tribunal; strongly condemns the attempt to denounce the Istanbul Convention by submitting formal request to work on the withdrawal of the Istanbul Convention by the Minister of Justice in Poland;
Amendment 173 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 2 f (new)
Paragraph 2 f (new)
2 f. Recalls that, according to the CJEU, by virtue of Article 27 of the Vienna Convention on the Law of Treaties, parties to an international agreement, may not invoke the provisions of their internal law as justification for their failure to execute a treaty;
Amendment 174 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 2 g (new)
Paragraph 2 g (new)
2 g. Reminds that according to Articles 11 and 12 of the Vienna Convention on the Law of Treaties, the consent of a State to be bound by a treaty may be expressed by signature;
Amendment 177 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly condemns all forms of gender-based violence, including the denial of access to sexual and reproductive health and rights, against women and girls and against LGBTIQ+ persons; ; deplores the fact that women and girls are often exposed to domestic violence, sexual harassment, psychological and physical violence, stalking, sexual violence, rape, forced marriage, female genital mutilation (FGM), forced sterilisation, sexual exploitation, human trafficking, cyberviolence and other forms of violence, which constitute a serious violation of their human rights and dignity; stresses that the Istanbul Convention lays down that culture, custom, religion, tradition or so-called ‘honour’ cannot be a justification of any acts of violence against women; denounces the fact that more and more women and girls are victims of gender-based violence on the internet and on social media; calls on the Member States to adopt concrete measures to address these new forms of crime, including sextortion, cyberstalking, doxing, cyber harassment, grooming, voyeurism and non-consensual sharing of intimate content, and to protect the victims, who can experience serious trauma leading sometimes even to suicide;
Amendment 187 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Asks the Commission and the Member States to ensure appropriate gender-sensitive training, procedures and guidelines which place the rights of the victim at the centre for all professionals dealing with the victims of all acts of gender-based violence in order to avoid discrimination, traumatisation or re- victimisation during judicial, medical and police proceedings; calls for such improvements in order to also encourage the reporting rate of such crimes;
Amendment 194 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. SRecalls that the Istanbul Convention remains the international standard and key tool to eradicate the scourge of gender-based violence; stresses the advantages of the Istanbul Convention’s structure, which follows a holistic, comprehensive and coordinated methodology for addressing the issues of violence against women and girls and gender-based violence, including domestic violence, based on a four pillar approach including all the aspects from the prevention, to the protection, prosecution and coordinated policies;
Amendment 196 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Highlights the Istanbul Convention’s approach of placing the rights of the victim at the centre, by addressing gender-based violence and domestic violence from a wide range of perspectives, by providing for measures such as the prevention of violence, the fight against discrimination, through victim protection and support, the protection of children, the protection of women asylum seekers and refugees, as well as through criminal law measures to combat impunity, by the introduction of risk assessment procedures and risk estimation and better data collection, as well as through awareness-raising campaigns and programmes, including in cooperation with national human rights and equality bodies, civil society and NGOs;
Amendment 200 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Emphasises the Istanbul Convention’s approach about the importance of setting up a preventive intervention and treatment programmes teaching perpetrators of domestic violence to adopt non-violent behaviour in interpersonal relationships in order to prevent further acts of domestic violence and sexual violence;
Amendment 202 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Reiterates that the Istanbul Convention should be understood as the minimum standard to eradicate gender- based violence and that the Union should pursue even more decisive and effective legislative measures in that regard;
Amendment 207 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that while most Member States have formally ratified the Istanbul Convention, this does not imply the full completion of implementation measures stemming from the Convention; calls on all Member States to ensure full implementation of the related measures in their national laws and policies; further calls on the Member States to ensure proper implementation and the allocation of adequate financial and human resources to preventing and combating violence against women and other forms of gender-based violence, as well as to the protection of victims, empowering women and girls and enabling them to be compensated, especially in the case of those living in areas where protection services for victims do not exist or are very limited; urges the Member States to take the recommendations by the Council of Europe’s Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) into account and to improve their legislation to bring it more into line with the Istanbul Convention’s provisions;
Amendment 217 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that the EU’s accession will provide a coherent European legal framework for the EU’s internal and external policies to prevent and combat violence against women and other forms of gender-based violence and to protect and support victims, as well as bringing about better monitoring, interpretation and implementation of EU laws, programmes and funds relevant to the Convention, together with better collection of comparable disaggregated data at EU level;
Amendment 223 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for a constructive dialogue with the Council and Member States in cooperation with the Council of Europe to address Member States’ reservations, objections and concerns and clarify misleading interpretations of the Istanbul Convention in order to make progress in this area; and achieve that the ratification of the Istanbul Convention by all Member States and by the EU becomes a reality soon;
Amendment 228 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Asks the Commission to draw up a holistic EU strategy on combating gender- based violence that includes a comprehensive plan to combat all forms of gender inequalities, integrating all EU efforts to eradicate gender-based violence;
Amendment 230 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Council to ensure that Parliament will be fully involved in the Convention’s monitoring process after EU accession to the Istanbul Convention; further requests to proceed with a swift agreement on a code of conduct concerning cooperation between the EU and its Member States for the implementation of the Convention, which should also involve civil society organisations, particularly women´s rights organisations;
Amendment 232 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 243 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern the growing opposition towards the Istanbul Convention in some Member States and the attempts to disparage the Convention and its positive impact on the eradication of gender-based violence; condemns all attempts to spread disinformation about the Istanbul Convention; reiterates, in this regard, its strong condemnation of the smear campaigns against the Istanbul Convention as a rejection of the internationally agreed zero-tolerance norm for violence against women and other forms of gender-based violence;
Amendment 254 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 257 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Commission’s proposal for a directive on combating violence against women and domestic violence, which will be the first EU act comprehensively to addressing gender-based violence, thus helping to harmonise Member States’ differing approaches towards violence against women and domestic violence and to lay down common minimum standards for the protection of victims and survivors of gender-based violence and, for improvensuring their access to justice and for prevention of gender-based violence; underlines the need that the gender-based violence directive ensures, as minimum, the standards of the Istanbul Convention;
Amendment 267 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates its call on the Council to activate the passerelle clause by adopting a unanimous decision identifying gender- based violence against women and girls as one of thes a new areas of crime listed in Article 83(1) of the TFEU;
Amendment 272 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recognises the incredible amount of work performed by civil society organisations, in particular women’s human rights organisations, in preventing and combating violence against women and girls and other forms of gender-based violence, and their efforts to provide assistance to the victims of gender-based violence; urges the Member States and the Commission to support these activities by providing sufficient human and financial resources; further urges the Commission to ensure enhanced funding for the CERV programme in order to support NGOs and civil society organizations providing support to victims of gender- based violence and working to eradicate gender-based violence;
Amendment 285 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Council to step up procedures in order to ensure the EU’s swift ratification of the Istanbul Convention without further delay; further urges the Council to ensure, despite the signing of the EU’s accession tof the Istanbul Convention, a broad EU accession to the Convention without any limitations and without further delay;