Activities of Giuliano PISAPIA
Plenary speeches (10)
European Parliament's position on the Conference on the Future of Europe (debate)
The new comprehensive EU-Africa strategy (debate)
Stocktaking of European elections (debate)
Situation in eastern Democratic Republic of Congo and the assassination of the Italian Ambassador Luca Attanasio and his entourage
New EU-Africa Strategy (debate)
The call for a Convention for the revision of the Treaties (debate)
Situation in Libya (debate)
Situation in Libya (debate)
Implementation of ‘passerelle’ clauses in the EU Treaties (short presentation)
Jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and creation of a European Certificate of Parenthood (debate)
Reports (2)
REPORT on a European Parliament recommendation to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on the situation in Libya
REPORT on the implementation of the passerelle clauses in the EU Treaties
Shadow reports (3)
REPORT on stocktaking of European elections
REPORT on the institutional relations between the EU and the Council of Europe
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA
Opinions (1)
OPINION on the Commission’s 2020 Rule of Law Report
Shadow opinions (8)
OPINION on the implementation of the common security and defence policy – annual report 2018
Opinion on the Proposal for a Council decision on the system of Own Resources of the European Union (
OPINION on a new EU-Africa Strategy – a partnership for sustainable and inclusive development
OPINION on the Implementation of the European Arrest Warrant and the Surrender Procedures between Member States
OPINION on the Commission’s 2021 Rule of Law Report
OPINION on the proposed amendments to Protocol No 3 on the Statute of the Court of Justice of the European Union
OPINION on the transparency and accountability of non-governmental organisations funded from the EU budget
OPINION on transparency and accountability of non-governmental organisations funded from the EU budget
Oral questions (1)
Legal protection for rainbow families exercising free movement, in particular the Baby Sara case
Written questions (10)
The case of Fatmata, a 23-year-old woman from Sierra Leone who was shot dead at the border between Greece and North Macedonia
Interference in the public service media in Italy
Protection of the rights of children with same-sex parents
EU Memorandum of Understanding with Tunisia: lack of call for release of political prisoners, legal basis, and human rights conditionality
Arrest and detention of Khaled El Qaisi
Urgent review of financial assistance for Palestine announced by the Commission
Case of Ilaria Salis, detained in Hungary, and human rights in Hungarian prisons
The case of Filippo Mosca and prison conditions in Romania
Living conditions for migrants in Italy’s immigration removal centres
EU humanitarian aid blocked at the Rafah crossing
Individual motions (1)
MOTION FOR A RESOLUTION on the establishment of a European Civil Peace Corps
Amendments (1509)
Amendment 1 #
2023/2122(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas Article 11 of the Treaty of the European Union (TEU) requires the EU institutions to maintain an open, transparent and regular dialogue with representative associations and civil society;
Amendment 2 #
2023/2122(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. whereas interest representatives, including NGOs, should be subject to scrutiny, due diligence and transparency rules, in particular with regard to financing, with proportional criteria and non-cumbersome procedures, in particular for small NGOs;
Amendment 3 #
2023/2122(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
C b. whereas strengthening the transparency requirements for interest representatives and entities, including NGOs, could serve the purpose of tracing foreign interference; whereas these requirements, however, should not stigmatise legitimate foreign funding;
Amendment 6 #
2023/2122(INI)
Draft opinion
Recital C c (new)
Recital C c (new)
C c. whereas in September 2023, the European Parliament amended its Rules of Procedures with a view to strengthening integrity, independence and accountability;
Amendment 7 #
2023/2122(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that NGOs and CSOs working for the promotion and protection of human rights, democracy and the rule of law both within and outside the EU play an important role in our societies around the world; highlights, in this regard, the crucial work of these organisations in collecting public interest information, exploring andactively promoting and defending human rights and democracy, combating any form of discrimination, proposmoting new ways of promoting human rights and democracyintercultural dialogue, fighting for a clean, healthy and sustainable environment, informing individuals, especially the most vulnerable, about their rights and standing up for them when those rights are violated, promoting civic engagement and public participation, countering disinformation and hate speech, collecting public interest information and holding governments and elected representatives accountable to citizens, and fighting corruption and impunity for human rights abuses;
Amendment 14 #
2023/2122(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is alarmed by the fact that some governments, whose aim is to shrink civil society space and silence dissenting voices, have adopted legislation based, inter alia, on security, counter-terrorism and the fight against foreign interference, that imposes discriminatory obligations on human rights NGOs, stigmatises, restricts or bans their activities, including by closing these NGOs, freezing their assets, deterring their donors from contributing funds or depriving them from access to funding; expresses its deep concern regarding the fact that similar laws have also been proposed and adopted in some EU Member States;
Amendment 17 #
2023/2122(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need to make moreas transparent and accessible as possible to the public, the available information on the beneficiaries, including NGOs, of EU external action funds dedicated to human rights and democracy support and to the related EU- funded projects which are implemented worldwide; acknowledges the precarious conditions faced by some human rights defenders and NGOs in non- EU countries; believes, in this regard, that confidentiality and data protection must be ensured in order not to put them at risk; calls on the Commission to develop more flexible strategies of supporting civil society actors in repressive environments that have difficulties benefitting from assistance through traditional funding channels due to their legal status, for instance non-registered entities or individuals;
Amendment 25 #
2023/2122(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to improve the clarity and organisation of information and data available in the Financial Transparency System on the beneficiaries of EU-funded projects to be implemented, in particular,cluding in the field of human rights and democracy support;
Amendment 26 #
2023/2122(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 32 #
2023/2122(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Points outNotes that human rights NGOs receiving EU funding give visibility to the EU’s support in different ways, and sometimes incompletely, through various communication channels, including official websites; underlines that sometimes these differences could also depend on the fact that, under certain authoritarian and illiberal regimes, the dissemination of such information may put human rights NGOs at risk; calls for the establishment of harmonised but flexible approaches to make EU funding for human rights and democracy support more transparent and visible to the public, while avoiding putting at risk NGOs that operate in critical local civic space contexts;
Amendment 35 #
2023/2122(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that civil society is a broader category than that of NGOs; notes that while NGOs are, on the one hand, a favoured institutional form of the neoliberal state and therefore rarely truly oppositional, on the other hand many resist instrumentalisation and expose the excesses of state and private interestsRecalls that the Treaties requires the EU institutions and EU Member States to maintain an open, transparent and regular dialogue with representative associations and civil society; stresses, therefore, that they must be protected, including through the provision of adequate funding, including foreign funding; notes that it is short-sighted to treat NGOs as a singular bloc with a singular policy outlook importance for EU Members States and EU institutions to provide adequate funding to programmes aimed protecting and promoting rights and values enshrined in the EU Treaties; recognises the role NGOs and CSOs play in implementing these programmes;
Amendment 36 #
2023/2122(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. SDenounces the use of organisations sponsored by governments of non-EU countries (government- organised NGOs (GONGOs)) to spread disinformation and false narratives related, in particular, to human rights issues; stresses that the funding by non-EU countries of EU-based legal entities, including human rights NGOs, while also carrying out lobbying or advocacy activities within the EU and aiming to influence EU foreign policymaking, raises questions as to their objectives; denounces the use of organisations sponsored by non-EU country governments (government-organised NGOs (GONGOs)) to spread disinformation and false narratives related, in particular, to human rights issuesmay at times expose these NGOs to external influences; believes that transparency requirements should not, however, stigmatise legitimate foreign funding; highlights that, in the context of recent corruption allegations against some Members of the European Parliament, an NGO, not registered in the EU Transparency Register and whose stated purpose was to carry out advocacy activities on human rights, is suspected to have been used as a vector of foreign interference; considers that there is a public interest in knowing the financial sources, including non-EU funding, of theall stakeholders active in the fields of lobbying or advocacy;
Amendment 45 #
2023/2122(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Welcomes the progress made in the use of the EU Transparency Register and is committed to continuing its work to expand the scope of the Register and strengthen the monitoring of the data it contains; points out that, as a general rule, annual financial data on the sources of funding, including EU grants and domestic and non-EU donations, of registered legal entities are made publicly available under the EU Transparency Register; stresses that, since 12 July 2023, the participation of ‘interest representatives’ as invited active guests at Parliament’s events is conditional on their prior registration in the EU Transparency Register, except if registration is likely to endanger an individual’s life or personal safety or where other compelling reasons require confidentiality; recalls that the EU Transparency Register (Annex II) requires that NGOs provide their main sources of funding by category; stresses that the measures requiring NGOs to disclose all funding sources must take into account the situation of NGOs operating in countries under authoritarian and illiberal regimes, in particular when the disclosure of such information could put them and their work at risk because of the application of repressive legislation such as ‘foreign agents’ laws and similar;
Amendment 48 #
2023/2122(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Recognises, however, that the EU institutions, including Parliament, should have been more diligent in ensuring greater transparency, integrity and accountability regarding their framework for interaction with entities listed in the EU Transparency Register; also acknowledges that further resources are needed to strengthen the transparency and accountability of the lobbying or advocacy activities of legal persons or entities, including human rights NGOWelcomes the European Parliament's decision of 13 September 2023 amending Parliament’s Rules of Procedure with a view to strengthening integrity, independence and accountability; stresses that these measures should, under no circumstance, contribute directly or indirectly to endanger or put at risk any individual such as human rights defenders or journalists;
Amendment 53 #
2023/2122(INI)
Draft opinion
Paragraph 11
Paragraph 11
Amendment 53 #
2023/2122(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Remains deeply concerned by threats to and attacks on NGOs in some Member States, including by proposing and adopting legislation that imposes discriminatory obligations on NGOs, stigmatises, restricts or even bans their activities;
Amendment 71 #
2023/2122(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States and the EU to improve the legal environment for civil society by ensuring that any measure restricting the right of associations to seek, secure and use resources, including foreign resources,Recalls that any measure restricting the right to freedom of peaceful assembly and to freedom of association must pursue one of the legitimate aims under Article 11(2) of the European Convention on Human Rights;
Amendment 86 #
2023/2122(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls thatUnderlines the need to make as transparencyt and accountability measures must only serve the purpose of ensuring legitimate public scrutiny; stresses that reporting requirements for NGOs must remain strictly necessary and proportionate to the specific aims pursuedessible as possible to the public the available information on all beneficiaries, including NGOs, of EU funds; underlines that scrutiny, due diligence and transparency rules, in particular with regard to financing, should foreseen proportional criteria and non-cumbersome procedures, in particular for small NGOs;
Amendment 97 #
2023/2122(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. BWelievcomes that current EU instruments are likely sufficient for achieving proportionate transparency goals concerning NGO fundinge European Parliament's decision of 13 September 2023 amending Parliament’s Rules of Procedure with a view to strengthening integrity, independence and accountability; calls all EU institutions for far stricter implementation, enforcement and supervision of adherence to the current provisions on the EU Transparency Register; insists that the EU Transparency Register should be strengthened by increasing its budget and its staff so that it is able to offer support to all applicants and registrants, especially small entities and NGOs, throughout the registration process and to verify the information they provided more thoroughly;
Amendment 124 #
2023/2122(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Warns emphatically against the weaponisation of the concept of ‘foreign interference’ and emphasises that thiPoints out that transparency requirements for interest representatives can be and is being used by governments to repress civil society and NGOs.d entities, including NGOs, should not stigmatise legitimate foreign funding;
Amendment 22 #
2023/2095(REG)
Rule 176 – paragraph 2 – subparagraph 4
Once the penalty becomes final, it shall be published prominently on Parliament's website as well as on the Member’s online page on Parliament’s website, and shall remain there for the rest of the parliamentary term.
Amendment 30 #
2023/2095(REG)
Annex I – Article 3 – paragraph 3 a (new)
3a. Before taking up the office of Vice-President, Quaestor, Chair or Vice- chair of a committee or delegation, the Member shall submit a declaration indicating whether or not he or she is aware of having a conflict of interest in relation to the responsibilities of that office. In cases of doubt, the Member may seek advice in confidence from the Advisory Committee on the Conduct of Members, established under Article 7. If the Member is aware of having such a conflict of interest, he or she shall describe the conflict in that declaration. In that case, he or she may only take up the office if the respective body decides that the conflict of interest does not prevent the Member from exercising his or her mandate in the public interest. When such a conflict of interest arises during the exercise of the office in question, the Member shall submit a declaration describing that conflict and shall refrain from exercising the responsibilities with regard to this situation of conflict.
Amendment 32 #
2023/2095(REG)
Annex I – Article 3 – paragraph 3 b (new)
3b. A Member who is proposed as a rapporteur or shadow rapporteur or as a participant in an official delegation or in interinstitutional negotiations shall submit a declaration indicating whether or not he or she is aware of having a conflict of interest in relation to respectively the report or opinion or the delegation or negotiations in question. In cases of doubt, the Member may seek advice in confidence from the Advisory Committee on the Conduct of Members, established under Article 7. If the Member is aware of having such a conflict of interest, he or she shall describe the conflict in that declaration. Where the Member who has been proposed as a rapporteur declares that he or she has a conflict of interest, the Member may not be appointed rapporteur. Where the Member who has been proposed as a shadow rapporteur or as a participant in an official delegation or in interinstitutional negotiations declares that he or she has a conflict of interest, the Member may not be designated as shadow rapporteur or as participant in an official delegation or in interinstitutional negotiations.
Amendment 34 #
2023/2095(REG)
Annex I – Article 4 – paragraph 2 – subparagraph 1 – point c
(c) any regular remunerated activity which the Member undertakesn alongside the exercise of his or her office, whether as an employee or as a self-employed personthe Member’s office, including the name of the entity as well as the field and the nature of the activity,
Amendment 37 #
2023/2095(REG)
Annex I – Article 5 – paragraph 1
1. Members of the European Parliament shall refrain from accepting, in the performance of their dutieir capacity as Members, any gifts or similar benefits, other than those with an approximate value of less than EUR 1500 given in accordance with courtesy usage or those given to them in accordance with courtesy usage when they are representing Parliament in an official capacity.
Amendment 38 #
2023/2095(REG)
Annex I – Article 5 – paragraph 2
2. Any gifts with an approximate value of more than EUR 100 presented to a Members in accordance with paragraph 1 when they are or she is representing Parliament in an official capacity shall be handed over to the President and dealt with in accordance with implementing measures to be laid down by the Bureau pursuant to Article 9.
Amendment 40 #
2023/2095(REG)
Annex I – Article 5 a (new)
Article 5a Publication of meetings 1. Members should only meet interest representatives that are entered in the transparency register. 2. Members shall publish online all scheduled meetings relating to parliamentary business - with interest representatives falling under the scope of the Interinstitutional Agreement on a mandatory transparency register, or - with representatives of public authorities of third countries, including their diplomatic missions and embassies. 3. The obligation laid down in paragraph 2 applies to meetings attended by the Member or by the Member’s parliamentary assistants on his or her behalf. 4. By way of derogation from paragraph 2, Members shall not publish a meeting the disclosure of which would endanger the life, physical integrity or liberty of an individual or may decide not to publish a meeting where there are other compelling reasons for maintaining confidentiality. Such meetings shall instead be declared to the President, who shall keep this declaration confidential or shall decide on an anonymised or delayed publication. The Bureau shall lay down the conditions under which the President may disclose such a declaration. 5. The Bureau shall provide for the necessary infrastructure on Parliament's website. 6. Article 4(5) shall apply mutatis mutandis.
Amendment 42 #
2023/2095(REG)
Annex I – Article 6 – paragraph 1 a (new)
Members shall not engage with former Members for a period of six months after the end of their mandate in any activity, within the meaning of Article 5a, which could allow the former Members to influence the formulation or implementation of policy or legislation, or the decision-making processes of Parliament.
Amendment 45 #
2023/2095(REG)
Annex I – Article 7 – paragraph 2 – subparagraph 1
The Advisory Committee shall be composed of five memberseight members. Five of those members shall be current Members of the European Parliament, appointed by the President at the beginning of his or her term of office from amongst, taking due account of the mMembers of the Committee on Constitutional Affairs and the Committee on Legal Affairs, taking due account of' experience and of political and gender balance. The other three members shall be external experts with personal integrity and experience in professional ethics. They shall be appointed by the President at the beginning of his or her term of office. In the case of a vote, only the Mmembers' experience and of politic of the Advisory Committee who are Members of the European Parliament shall balance eligible to vote.
Amendment 47 #
2023/2095(REG)
Annex I – Article 7 – paragraph 2 – subparagraph 2
Amendment 51 #
2023/2095(REG)
Annex I – Article 7 – paragraph 4 – subparagraphs 2 a and 2 b (new)
Amendment 39 #
2023/2017(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Strongly believes that Parliament, as the only directly elected EU institution, should be granted the general direct right of legislative initiative, right for inquiry and full authority over the budget and that it should be enabled to lay down the strategic priorities of the European legislative agenda; Calls on this regard for an amendment of art 225 and art 226 of TFEU.
Amendment 59 #
2023/2017(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises the key role of parliaments at the heart of democracy and cwelcomes a right for national parliaments to propose initiatives to the European Parliament; Calls for closer coordination and political dialogue between national parliaments and the European Parliament to make it more meaningful and substantial, also in frameworks such as Conference of Parliamentary Committees for Union Affairs (COSAC); stresses the importance of the subsidiarity principle as laid down in Article 5 TEU;
Amendment 60 #
2023/2017(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights the revolution in media consumption habits, driven by the ubiquity of smartphones, the rise of social media and the rollout of broadband, due to which many traditional media outlets have lost significance, especially among young people; recalls that polarised and extreme opinions have become widely accessible while fact-based, well- researched information is often locked behind “paywalls”; is concerned that staying properly informed in an environment of information overload, poor-quality news sources, and social media bubbles has become increasingly difficult and has led to a fragmentation of societies and an undermining of democracies; calls for a coordinated EU strategy to address threats to media independence and the establishment of a substantial EU media support fund to support an independent and pluralistic quality media landscape in all Member States.
Amendment 63 #
2023/2017(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Is highly concerned about targeted cyber-attacks and disinformation campaigns, whose ultimate goal is the destruction of democratic processes within the Union; calls for coordinated action on national and EU level to ensure that cybersecurity rules at EU-level are adequate and well implemented on the national level; calls for the establishment of an independent and well-resourced European Centre for Interference Threats and Information Integrity to identify, analyse and document information manipulation operations and threats of interference against the Union as a whole; recalls that activities to fight disinformation are considered a matter of public interest; calls for the national parliaments of the Member States to consider establishing their own parliamentary bodies tasked with overseeing activities related to the protection of their democracy against foreign interference and information manipulation, and to set up regular exchanges on these topics with the European Parliament as a part of COSAC inter-parliamentary cooperation;
Amendment 64 #
2023/2017(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Is concerned that Artificial Intelligence has made the production and distribution of false and misleading information significantly easier, cheaper, and faster; warns that generative AI is likely to be used to mislead voters, impersonate candidates and undermine European elections on a scale and at a speed not yet seen; calls for the timely adoption of the EU’s AI act, with a focus on tackling the dangers of synthetic audio and video material as well as images for disinformation campaigns.
Amendment 74 #
2023/2017(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member States to better inform non- national Union citizens (i.e. Union citizens who reside in a Member State of which they are not nationals) about their right to vote in or run for office in municipal and European elections; stresses that such ‘mobile’ EU citizens’ right to vote and stand should be expanded to regional and national elections in Member States; Urges Member States to guarantee that all those who have the right to vote, including EU citizens living outside their country of origin, homeless people and prisoners who are granted such a right in accordance with national laws, are able to exercise this right.
Amendment 81 #
2023/2017(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that a single harmonised age for voting and for standing as a candidate should be introduced across the EU; is of the opinion that the minimum age for voting should be set at 16;reflect current right and duties that young people already have in some Member States and be set at 16 without prejudice to existing constitutional orders establishing a minimum voting age of 18 or 17 years of age.
Amendment 105 #
2023/2017(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Proposes, in particular, the creation of a permanent representative and deliberative mechanism called the European Agora, which will start in January each year bywork on yearly basis deliberating on the Commission’s annual work programme and the specific theme of the European Year; further proposes that in the first four months of the year the Agora should focus on the EU’s priorities for the year ahead with the results of the deliberations to be presented on 9 May as an input to the consultation process on the work programme; notes that those results should also include a proposal for the specific theme for the European Year in the following annual cycle; proposes that European Parliament's representative should be regularly informed on the developments of those deliberations in order to adjust its legislative works.
Amendment 114 #
2023/2017(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Suggests that a Youth component of the Agora should form a European Youth Assembly, which will also monitor the application of the ‘youth check’ throughout the EU’s legislative process; proposes that the Committee of the Regions and the Economic and Social Committee should establish a structure that convenes representatives of youth civil society and, young local elected politicians, and representatives of social partners which should cooperate closely with the Youth Assembly to implement the youth check;
Amendment 117 #
2023/2017(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Proposes the introduction of pan- European online citizens’ consultations, organised by the Parliament on a regular basis concerning the main current European policy debates; believes that giving all citizens the opportunity to express their views on current European affairs will increase citizens’ trust in and understanding of the European decision- making process; considers that that this new participatory mechanism, which should have consultative character, would reinforce many of Parliament’s policy priorities, and, as a result, strengthen the EP’s role towards the other institutions; believes that Parliament should develop and manage these online consultations in order to ensure easy and secure access across the Union.
Amendment 2 #
2023/2016(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the Proposal of a Manifesto for a Federal Europe: Sovereign, Social and Ecological, adopted by the Spinelli Group on 29 August 2022 [1] https://thespinelligroup.eu/wp- content/uploads/2022/10/20220912_Propo sal-Manifesto-for-a-Federal-Europe- political-social-and-ecological.pdf.
Amendment 20 #
2023/2016(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises the important role of European political parties and foundations in contributing to the debate on European public policy issues and in forming European political awareness; stresses that Article 21 of Regulation (EU, Euratom) No 1141/2014 encourages European political parties to conduct their own European elections campaigns, which must remain in line with Union values, and which are complementary to but distinct from the campaigns of their member parties; notes, however, that owing to restrictive measures at European and national levels, European political parties cannot fully participate in European election campaigns; stresses, moreover, that they are not allowed to campaign in referendums that concern European matters; encourages European political parties to reach an agreement on how to adapt the provisions in this resolution to develop the electoral campaign to the European elections and on how to proceed during the post-electoral process;
Amendment 25 #
2023/2016(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the enhanced visibility of European political parties in public debates and media campaigns; insists that all national political parties should make the logos of the European political parties visible on ballots; calls on the European political parties to draft manifestos in good time ahead of the elections so as to be able to share their proposals; considers that European political parties’ manifestos should be known before the elections, which requires clear and transparent rules on campaigning; welcomes in this context the European Campaign Action Plan ("E- CAP") guidance developed by the Authority for European Political Parties and European Political Foundations that assists European political parties in planning their campaigns in light of the applicable rules and principles. This guidance confirms that the participation of lead candidates ("Spitzenkandidaten") in campaigns and the distinct visibility of the European political parties are positive enablers in accordance with the existing legal framework.
Amendment 71 #
2023/2016(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Considers that access to information about the election campaign is a necessary condition for improving citizen's participation in the election; Calls on the Member States to encourage their national media to cover the elections in such a way as to enable European citizens to exercise their right to vote and to perceive the European dimension of their choice;
Amendment 81 #
2023/0250(COD)
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) Any natural person that has suffered the attempt of a crime should be considered a victim. The same should apply to any minor who witnessed violence due to their particular vulnerability related to the emotional trauma that the exposure to acts of violence.
Amendment 95 #
2023/0250(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Crime reporting in the Union should be improved to fight impunity, avoid repeated victimisation and ensure safer societies. It is necessary to fight public insensitivity towards crime, by encouraging people who witness the crime to report crimes and assist victims and by creating safer environments for victims to report crime. For victims who are irregular migrants in the Union, safe environment to report crime means reducing fear of return procedures being launched as a result of contacts with law enforcement authorities. Member States should take the necessary measures to ensure any irregularity concerning the victim's residence status should not be used to influence the victim's willingness to cooperate in the criminal investigation, prosecution or trial. The status of undocumented victim should be taken into account by the competent authorities for the individual assessment pursuant Article 22. The personal data of victims who are irregular migrants in the Union should not be transferred to the competent migration authorities at least until the completion of the first individual assessment as referred to in Article 22 of Directive 2012/29/EU. Reporting the crime and participating in criminal proceeding under Directive 2012/29/EU do not create any rights regarding the residence status of the victim, neither have any suspensive effect when determining their residence status. All vulnerable victims, such as child victims or victims in detention, who are in a situation of intimidation, or are otherwise dependent from the offender or whose mobility is limited should be able to report crime in conditions that take into account their particular situation and in line with protocols specifically set up for this purpose.
Amendment 120 #
2023/0250(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) In order to ensure the right to protection of the dignity of victims, the Member States must tackle the sharing online material of a criminal offence in order to avoid secondary victimisation and other serious psychosocial consequences for the victim and to prevent the normalisation of violence This applies especially to cases of gender-based violence, including sexual assault and rape, used to inflict fear and silence on women.
Amendment 129 #
2023/0250(COD)
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) The right to free legal aid is essential to guarantee the effective participation for victims in criminal proceedings. Therefore, Member States should provide free legal aid to victims regardless of the type of crime they suffered, and whether they are party to a criminal proceeding or not.
Amendment 133 #
2023/0250(COD)
Proposal for a directive
Recital 10
Recital 10
(10) All victims should be assessed in a timely, adequate, efficient and proportionate manner. It is essential to ensure that victims receive the support and protection that correspond to their individual needs. The individual assessment of victims’ needs of support and protection should be done in stages. Within the first stage, all victims should be assessed from the first contact with the competent authorities to ensure that the most vulnerable victims are identified at the very early stages of the proceeding. As of the next stages, victims who need such enhanced assessment should be assessed by victim support services including psychologists. Such services are best placed to assess the state of victims’ well- being. The individual assessment should also take into account the situation of the perpetrator, who may have a history of violence, be in a possession of arms or abusing drugs and as such pose higher risks for victims. The individual assessment of victims’ needs should also include the assessment of victims’ needs of support, not only of protection. It is essential to identify victims who are in need of special support, so a targeted support such as prolonged free of charge psychological aid is provided to those who need it. In cases of gender-based violence, including domestic violence, victims are often especially vulnerable, being financially dependent on the perpetrator. This experience is further exacerbated for women living with disability, migrant women and others experiencing intersectional discrimination.
Amendment 165 #
2023/0250(COD)
Proposal for a directive
Recital 18 e (new)
Recital 18 e (new)
(18e) Member States should record and transmit data on all forms of offline and online gender-based violence, with a particular focus on femicide.
Amendment 177 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a – paragraph 1
Article 3a – paragraph 1
1. in Article 3a, paragraph 1 is replaced by the following 1. Member States shall take the necessary measures to establish easily accessible, user friendly, secure, free of charge and confidential victims’ helplines which:
Amendment 180 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a (new) – paragraph 1 – point b
Article 3a (new) – paragraph 1 – point b
(b) offer emotional and psychological support;
Amendment 196 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3 a – paragraph 4
Article 3 a – paragraph 4
4. Helplines may be set up by public or non-governmental organisations and may be organised on a professional or voluntary basis.;
Amendment 199 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 2012/29/EU
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
Amendment 202 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5 a – paragraph 1
Article 5 a – paragraph 1
1. Member States shall ensure that victims can report criminal offences to the competent authorities through easily accessible, user friendlysecure, confidential and user friendly reporting mechanisms, including online and offline reporting, using information and communication technologies. Such possibility shall include submission of evidence where feasible.
Amendment 219 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5 a – paragraph 3
Article 5 a – paragraph 3
3. Member States shall ensure that victims can effectively report crimes committed in detention facilities and accommodation centres where applicants and beneficiaries of international protection are located. Detention facilities shall include in addition to jails, detention centres and holding cells for suspects and accused, specialised detention facilities for applicants of international protection and pre-removal centres, and accommodation centres where applicants and beneficiaries of international protection are located.
Amendment 231 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5 a – paragraph 5
Article 5 a – paragraph 5
5. Member States shall ensure that the competent authorities coming in contact with a victim reporting crimes 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 22.;
Amendment 241 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2012/29/EU
Article 6 paragraph 5
Article 6 paragraph 5
Amendment 254 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2012/29/EU
Article 8 paragraph 2
Article 8 paragraph 2
2. Member States shall ensure that victims are contacted by the relevant general or specialised support services if the individual assessment referred to in Article 22 demonstrates the need for support and the victim consents to be contacted by support services or if the victim requests support. This applies also for continued support after the end of the court proceedings where needed.;
Amendment 271 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2012/29/EU
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) emotional and, where available, psychological support once they become aware of a status of a person as a victim. If the special need for psychological support has been demonstrated by individual assessment referred to in Article 22, psychological support shall be available to victims in need of such support for as long as necessary.;
Amendment 291 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2012/29/EU
Article 9a paragraph 1
Article 9a paragraph 1
1. Member States shall take the necessary measures, including sufficient and continuous funding, to ensure the availability of child-friendly targeted and integrated specialist services for children to provide for age-appropriate support and protection necessary to comprehensively address the multitude of needs of child victims.
Amendment 297 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point 2 (c)
Article 1 – paragraph 1 – point 5 – point 2 (c)
Directive 2012/29/EU
Article 9a paragraph 2(c)
Article 9a paragraph 2(c)
(c) emotional, psychological and psychologicsocial support for as long as necessary, even at a later stage in life;
Amendment 298 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2012/29/EU
Article 9 a – paragraph 2 – point c b (new)
Article 9 a – paragraph 2 – point c b (new)
(c.b.) free administrative and legal aid and support;
Amendment 338 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Article 1 – paragraph 1 – point 6 b (new)
Directive 2012/29/EU
Article 13
Article 13
Amendment 385 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2012/29/EU
Article 22 -paragraph 3 - subparagraph 1- point a
Article 22 -paragraph 3 - subparagraph 1- point a
(a) victims who have suffered considerable harm due to the severity and/or repetition of the crime;
Amendment 405 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2012/29/EU
Article 23 paragraph 2 (d)
Article 23 paragraph 2 (d)
(d) all interviews with victims of sexual violence, gender-based violence including victims of violence against women and domestic violence covered by Directive (EU) …/… of the European Parliament and of the Council65 [on combating violence against women and domestic violence], unless conducted by a prosecutor or a judge, being conducted by a person of the same sex asex or gender chosen by the victim, if the victims so wishes, provided that the course of the criminal proceedings will not be prejudiced.; _________________ 65 Directive (EU) …/… of the European Parliament and of the Council on combating violence against women and domestic violence (OJ …).’
Amendment 408 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Directive 2012/29/EU
Article 23 paragraph 3 (c)
Article 23 paragraph 3 (c)
Amendment 412 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2012/29/EU
Article 23 paragraph 4- point d (new)
Article 23 paragraph 4- point d (new)
In paragraph 4 the following point is added: (d) access to free shelters and other appropriate interim accommodations.
Amendment 423 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13a(new)
Article 1 – paragraph 1 – point 13a(new)
Directive 2012/29/EU
Article 25 paragraph 1
Article 25 paragraph 1
Amendment 438 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26 a – paragraph 1 – introductory part
Article 26 a – paragraph 1 – introductory part
1. Member States shall establish and implement specific protocols on the organisation of services and actions under this Directive by the competent authorities and other persons coming in contact with victims. The protocols shall be drawn up in coordination and cooperation between law enforcement, prosecution authorities, judges, labour inspectorates, detention authorities, restorative justice services and victim support services. The specific protocols shall aim as a minimum at ensuring that:
Amendment 449 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26 a – paragraph 1 – point b
Article 26 a – paragraph 1 – point b
(iii) have access to support and protection in accordance with their individual needs, including free legal aid;
Amendment 488 #
2023/0250(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 Directive 2012/29/EU
Article 2 – paragraph 1 – subparagraph 1 Directive 2012/29/EU
Member States shall take the necessary measures to comply with this Directive [by two years after the entry into force] with the exception of the provisions necessary to comply with Article 26b which shall be adopted and published [by fourthree years after the entry into force]. They shall immediately inform the Commission thereof.
Amendment 28 #
2022/2200(INI)
Motion for a resolution
Recital A
Recital A
A. whereas enlargement is the EU’s most effective foreign policy instrument and represents a geostrategic investment in lasting peace, democracy, prosperity, stability and security;
Amendment 37 #
2022/2200(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the democratic transformation and rule of law are at the core of the EU accession process;
Amendment 49 #
2022/2200(INI)
Motion for a resolution
Recital D
Recital D
D. whereas genuine reconciliation in BiH is needed, based on its multicultural characterdiverse society and equal rights for all;
Amendment 84 #
2022/2200(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Encourages all authorities to seize the momentum to meaningfully advance on the 14 key priorities respecting accountability of institutions and quality and transparency of the processes, and avoid slipping back into obstructive policies; underscores that BiH’s path towards EU accession needs to be anchored in functioning democratic institutions, rule of law, the fight against corruption and organised crime, respect for fundamental rights and non-discrimination for all citizens and constituent peoples as enshrined in the cos enshrined in the constitution; calls on all political actors in BiH to end and refrain from the blockages of the democratic processes and work of institutions;
Amendment 99 #
2022/2200(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reaffirms its support for the mandates of the Office of the High Representative and EUFOR Operation Althea in overseeing the implementation of the Dayton Peace Agreement in order to grant peace and stability; welcomes the operations' support of the Armed forces of BiH through training activities; underlines the operation’s important work to clear mine areas; welcomes in this context the monitoring and controlling of the destruction of surplus ammunition and weapons;
Amendment 103 #
2022/2200(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the numerous activities of OSCE in BiH, inter alia their engagment in arms control, the security sector reform, in war crime investigations and in the fight against human trafficking; highlights their activities on gender equality, on programs to support good governance and on the media reform; welcomes their support for civil society and human rights initiatives and conflict prevention;
Amendment 112 #
2022/2200(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes BiH’s increased alignment with the EU’s common foreign and security policy (CFSP), and urges for the effective implementation of targeted sanctions stemming from CFSP alignment;
Amendment 127 #
2022/2200(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Denounces the recurring inflammatory rhetoric and secessionist policies by the leadership of the Republika Srpska (RS) entity, including the unconstitutional celebration of the so- called RS Day; underlines that such actions destabilise BiH, putting peace at risk, undermine the Dayton Peace Agreement, contradict BiH’s EU perspective and endanger access to EU funding; condemns the refusal to implement judgements of the Constitutional Court of BiH; condemns genocide denial and denial of war crimes;
Amendment 137 #
2022/2200(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates its call for targeted sanctions against destabilising actors in BiH, including those threatening BiH's sovereignty and territorial integrity, notably Milorad Dodik, as well as other high-ranking officials of Republika Srpska and third-country officials providing political and material support for secessionist policies;
Amendment 157 #
2022/2200(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that the rule of law, good governance, pluralism and fundamental rights need to be mainstreamed in IPA III funding, which must be based on strict conditionality; recalls that EU funding for projects in the RS entity shouldmust remain frozen until the reversal of democratic backsliding by the RS entity and until full alignment with the CFSP;
Amendment 173 #
2022/2200(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the fact that the general elections held in October 2022 were generally well organised and competitive; notes however that they took place against a backdrop of stagnant reforms, divisive rhetoric and political obstruction; takes note of the changes introduced by the High Representative to the election law and constitution of the Federation of BiH, aimed at addressing a number of functionality issue, reported political and financial obstruction, non-transparent financing of election campaigns, trading of polling stations between political parties, numerous irregularities reported by observers and political pressure on the Central Election Commission; expresses its concerns about the large number of invalid ballots; condemns the changes introduced by the High Representative to the election law and constitution of the Federation of BiH, aimed at addressing a number of functionality issues; supports the criticism regarding the transparency, timing and lack of consultations in the processes; underlines that the timing of the changes was not appropriate and undermined the election process;
Amendment 185 #
2022/2200(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regrets the failure of political actors to bring the constitution and the electoral framework in line with the European Convention on Human Rights; calls on all decision makers to reach an agreement in line with the verdicts of international and domestic courts, as well as the political agreement of 12 June 2022; supports limited, transparent and inclusive reforms based on comprehensive consultations and public dialogue that wshould include civil society actors to enable a sustainable transformation of the Dayton Peace Agreement;
Amendment 205 #
2022/2200(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Expresses its concern about the lack of progress on preventing widespread corruption and the increasing signs of state capture, political interference and obstruction; urges BiH to adopt conflict of interest laws and to strengthen protection for whistleblowers by ensuring the implementation of existing laws and by ensuring independence of institutions responsible for the implementation;
Amendment 212 #
2022/2200(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Urges the BiH authorities to prosecute high-profile corruption cases in a timely manner;
Amendment 216 #
2022/2200(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for increased resources for anti-corruption structuresategies and structures and the adoption of integrity plans for the latter; points to the added value of effective cooperation among law enforcement agencies and with the European Public Prosecutor’s Office;
Amendment 236 #
2022/2200(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes the ongoing reduction in the backlog of war crimes cases, but regrets that the pace remains slow and that the strategic goal to solve all cases related to war crimes will not be met due to the high backlog; reiterates the necessity to prosecute and accelerate criminal proceedings, as 28 years have passed and reconciliation cannot be achieved without adequate judgements;
Amendment 251 #
2022/2200(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes BiH’s active participation in regional cooperation; welcomes the recent agreements in the context of the Berlin Process and calls for the swift ratification;
Amendment 253 #
2022/2200(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises the vital role of independent media; condemns attacks on and threats and intimidation against journalists, including by politicians and, public figures; insists on appropriate judicial follow-up and the protection of journalis and private companies; calls to ensure the transparency of media ownership and financial sustainability of the public broadcasting system; condems Republika Srpska’s adoption of amendments to the criminal code that recriminalise defamation, as the proposals encourage censorship and block criticism of the regime and other powerful figures; calls on the Republika Srpska’s authorities to withdraw the amendments;
Amendment 261 #
2022/2200(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Denounces the recurring anti- LGBTI+ hate speech and incitement to violence from certain politicians, in particular in Republika Srpska, which led to violence against LGBTI+ people in Banja Luka on 18 March 2023, with insufficient police action to prevent it;
Amendment 264 #
2022/2200(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Welcomes the establishment of a focal point in charge of overseeing anti- LGBTI+ hate crimes in all ten Cantonal Prosecutor’s Offices; calls for all entities to amend their criminal codes so that hate crime and hate speech provisions cover the grounds of sexual orientation, gender identity and sex characteristics, and to work with LGBTI+ civil society to improve implementation of these laws;
Amendment 267 #
2022/2200(INI)
27. DeploreCondemns discrimination, segregation, violence and hate speech against minorities, and urges effective prosecution of such cases; calls on BiH to safeguard and promote the countrywide rights of all minoritiespeople on the move; urges for the implementation of effective pathways to legal remedies and prosecution; calls on BiH to safeguard and promote the countrywide rights of all minorities and people on the move in order to ensure their protection and their fundamental freedoms; calls on the BiH authorities to collect data on hate crimes categorized by motivation;
Amendment 276 #
2022/2200(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Calls on the Federation, Republika Srpska and Brcko District to draft a law on ensuring legal gender recognition based on self-determination, in accordance with ECtHR practice and the WHO’s revision of ICD-11, which came into force in January 2022, and which depathologises trans identities in all areas of life;
Amendment 284 #
2022/2200(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Welcomes the progress on the elaboration of a law at Federal level that would give same-sex couples access to partnership rights; encourages the government to draft this law without delay; calls on Republika Srpska and Brcko District to also initiate processes for the drafting of legislative solutions for the recognition of same-sex partnerships, in order to provide same-sex couples with equal treatment on this issue countrywide;
Amendment 292 #
2022/2200(INI)
Motion for a resolution
Paragraph 27 c (new)
Paragraph 27 c (new)
27 c. Welcomes the adoption of the new National LGBTI Action Plan 2021-2024; calls for its full and timely implementation;
Amendment 295 #
2022/2200(INI)
Motion for a resolution
Paragraph 27 d (new)
Paragraph 27 d (new)
27 d. Calls to step up the protection of the rights of the Roma minority; condemns their ongoing segregation and the discriminatory and racist practices against them; highlights the disproportionate poverty of Roma people; is particularly concerned about the discrimination of Roma children and students in the educational system;
Amendment 296 #
2022/2200(INI)
Motion for a resolution
Paragraph 27 e (new)
Paragraph 27 e (new)
27 e. Expresses concerns about the stagnation of the harmonisation of BiH entities' criminal legislation regarding the Istanbul Convention;
Amendment 297 #
2022/2200(INI)
Motion for a resolution
Paragraph 27 f (new)
Paragraph 27 f (new)
27 f. Calls on BiH authorities to ensure gender equality in all aspects of public and private life; regrets that BiH does not collect data on femicide; calls for the establishment crisis centres for the victims of sexual violence;
Amendment 298 #
2022/2200(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Regrets that rulings of the European Court of Human Rights have still not been implemented(Sejdić-Finci judgment and Zornić judgement) have still not been implemented and that discriminatory provisions from BiH Constitution prevents all citizens from having equal political rights;
Amendment 317 #
2022/2200(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recognises the key role of civil society in reform processes; calls on the authorities to foster a conducive environment for their work; supports the format of the citizen council in BiH and welcomes its policy recommendations from 27 February 2022; calls for the protection and promotion of the freedom of assembly and of expression to be enhanced;
Amendment 319 #
2022/2200(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Condemns attacks on and threats and intimidations against civil society activists, including those by politicians; insists on appropriate judicial follow-up and protection of civil society activists, condemns intentions of RS authorities to introduce restrictive laws that would label CSOs receiving international funding as foreign agents;
Amendment 325 #
2022/2200(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30 b. Calls on politicians, public figures, authorities and private companies to refrain from utilizing SLAPPs (Strategic lawsuits against public participation) as a form of intimidation against human rights defenders and journalists;
Amendment 328 #
2022/2200(INI)
Motion for a resolution
Paragraph 30 c (new)
Paragraph 30 c (new)
30 c. Recognizes that laws on freedom of assembly are fragmented and restrictive; urges the authorities to amend the laws according to EU standards, and refrain from interfering with exercising the freedom of assembly;
Amendment 338 #
2022/2200(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Reiterates the need for solidarity- based migration and asylum managementapproach and a fair distribution of reception capacities; welcomesurges for the effective compliance of international law, also in detention centres; emphasises the importance to upheld the principle of non-refoulement and the prohibition of inhuman treatment in all circumstances and for all returns to the migrants’ country of origin or country of transit; calls for the effective inclusion of civil society actors in the reception response, even if the authorities take over the response, to ensure monitoring; takes note of the opening of negotiations on BiH’s upgraded status agreement with the European Border and Coast Guard Agency; regrets persisting shortcomings in migration and border management, including allegations of pushbacks; calls on BiH to fully align with the EU’s visa policy; underscores the importance of maintaining sufficient reception capacity; calls on BiH, together with the support of the EU, ensure the set-up of a crisis response capacity in case the number of migrants, refugees and asylum-seekers within the country increases again; calls on BiH to improve living conditions and safety inside Temporary Reception Centres; calls on BiH to improve the speed, length and quality of the asylum procedures;
Amendment 347 #
2022/2200(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Urges BiH to prioritise measures aimed at addressing poverty and inequality, social protection, improving competitiveness and the business environment, boosting economic diversification and tax harmonisation, promoting the digital and green transitions, addressing the informal economy and tackling unemployment; highlights persistent poverty of inhabitants of rural areas and vulnerable groups like Roma people, children and elderly people;
Amendment 381 #
2022/2200(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Urges BiH to establish a strict application of laws and measures for environmental protection, which would prevent and reduce the impact on the environment of mining research and mine operation; insists in the need to protect the BiH rivers; urges BiH to initiate effective air quality protection programs in BiH cities;
Amendment 383 #
2022/2200(INI)
Motion for a resolution
Paragraph 37 b (new)
Paragraph 37 b (new)
37 b. Encourages entity governments of BiH to increase transparency through public participation and consultation with local communities, scientific experts and civil society when planning projects;
Amendment 385 #
2022/2200(INI)
Motion for a resolution
Paragraph 37 c (new)
Paragraph 37 c (new)
37 c. Urges BiH to maintain the integrity of existing national parks and other protected areas;
Amendment 46 #
2022/2142(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Urges the current and upcoming Council Presidencies to follow up on these discussions in an effective way by, inter alia, adding this topic to upcoming meetings of the Working Party on General Affairs and the General Affairs Council;
Amendment 66 #
2022/2142(INI)
8 a. Welcomes the recent use of constructive abstention, as foreseen by Article 31 TEU, by certain Member States on key CFSP decisions; believes that, pending the activation of the passerelle clauses in areas of the CFSP, constructive abstention should be used more often by Member States to overcome potential deadlocks created by unanimity;
Amendment 69 #
2022/2142(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that moving from unanimity to QMV on certain tax matters, such as in largely integrated tax policies and the implementation of international agreements, would contribute to a more effective framework for collecting taxes and tackling tax evasion and avoidance and addressing fraud concerns; reiterates its call on the Commission to relaunch the discussion on the use of QMV for some tax matters through a phased approach;1a _________________ 1a Resolution of 6 July 2022 on national vetoes to undermine the global tax deal
Amendment 79 #
2022/2142(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines the need for a dialogue between the Commission andCalls on the Commission to start discussions with European social partners on the possible use of passerelle clauses in social policy; considers it important to evaluate the potential impact of using general passerelle clauses and the sector- specific clause provided for in Article 153(2) TFEU to strengthen the EU’s ability to implement measures to combatrelated to non- discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation (Article 19 TFEU) and take decis(Article 19 TFEU), the social protection of workers outside cross- border situations (Article 153(1)(c) TFEU), the protection of workers whose employment contracts have been terminated (Article 153(1)(d) TFEU), the representation and collective defence of the interests of workers and employers (Article 153(1)(f) TFEU), as well as conditions of employment for third- country nationals legally residing in the EU (Article 153(1)(g) TFEU); stresses that any activations on the protection of workers’ rightf passerelle clauses in these fields must fully respect the role of European social partners and their agreements and should include a non- regression clause to protect the social acquis;
Amendment 117 #
2022/2142(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Reiterates its call on the Commission and the Council to submit and adopt a decision to include violence against women and girls and other forms of gender-based violence as one of the areas of crime defined in Article 83(1) TFEU;1a _________________ 1a Resolution of 28 November 2019 on the EU’s accession to the Istanbul Convention and other measures to combat gender-based violence
Amendment 129 #
2022/2142(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Calls on the European Council to activate the general passerelle clauses to allow measures to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation (Article 19 TFEU) to be approved by OLP and QMV;
Amendment 6 #
2022/2137(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),
Amendment 10 #
2022/2137(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
— having regard to the European Social Charter and its additional protocols, and the Revised European Social Charter,
Amendment 12 #
2022/2137(INI)
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
— having regard to Committee of Ministers of the Council of Europe’s resolution on the cessation of membership of the Russian Federation to the Council of Europe of 16 March 2022,
Amendment 13 #
2022/2137(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to its resolution of 19 May 2010 on the institutional aspects of the accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms,
Amendment 20 #
2022/2137(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas on 15 March 2022, as a result of the war of aggression waged by the Russian Federation against Ukraine and following the Parliamentary Assembly’s unanimously adopted Opinion, the Committee of Ministers of the Council of Europe decided that the Russian Federation would cease to be a member of the Council of Europe after 26 years of membership;
Amendment 38 #
2022/2137(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the Istanbul Convention, which entered into force on 1 August 2014, was signed by the EU on 12 June 2017 but it has not yet been ratified; whereas all EU Member States have signed the Istanbul Convention, but only 21 have ratified it; whereas the EU’s accession to the Convention does not exempt Member States from national ratification;
Amendment 40 #
2022/2137(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
H b. whereas the European Social Charter and the revised European Social Charter have been landmark instruments for the protection and enforcement of fundamental trade union, workers’ and social rights and the improvement of working and living conditions of European citizens; whereas all 27 EU Member States have ratified the original Charter but only 22 Member States have ratified the revised Charter;
Amendment 50 #
2022/2137(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas on 7 November 2022 the Committee of Ministers of the Council of Europe decided to convene a Fourth Summit of Heads of State and Government of the Council of Europe that will take place on 16-17 May 2023 in Iceland; whereas this Summit arrives at a particularly important moment and represents an opportunity to upgrade relations between the Council of Europe and the EU;
Amendment 65 #
2022/2137(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 67 #
2022/2137(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. RWelcomes the European Commission’s and the Council’s renewed commitment to the EU’s accession to the ECHR and the resumption of negotiations in 2020; reaffirms its strong commitment to and support for the EU’s accession to the ECHR; calls on the negotiating parties to take all steps necessary and invest every effort into resolving the outstanding issues and addressing all of the CJEU’s concerns expressed in its opinion 2/2013 of 18 December 2014 with a view to concluding negotiations successfully ideally before the Fourth Summit of the Council of Europe that will take place on 16-17 May 2023 in Iceland;
Amendment 71 #
2022/2137(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the EU’s accession to the ECHR would have numerous benefits, including strengthened coherence between EU law and the CoE conventions system, harmonisation in human rights legislation and case law between the EU and the CoE, placing the EU under the jurisdiction of the ECtHR, and the protection of EU citizens against the actions of the Union’s institutions and bodies, by allowing individuals to bring cases against the EU directly before the ECtHR;
Amendment 73 #
2022/2137(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Emphasises that as a result of accession, the EU’s role in the Convention system will become more prominent as this will include a proportionate contribution to the budget of the Council of Europe, the nomination of candidates for judge of the ECtHR, the participation of a delegation of the European Parliament in PACE sittings related to the election of judges of the ECtHR, and representation on the Committee of Ministers when supervising the implementation of judgments of the ECtHR;
Amendment 79 #
2022/2137(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Advocates the EU’s broadest possible alignment with the CoE convention system through the finalisation of its accession to other CoE treaties it has already signed, such as the Istanbul Convention, and the Convention against Torture and Inhuman and Degrading Treatment or Punishmentworking towards EU accession to other treaties to which it is not yet a party, such as the Convention against Torture and Inhuman and Degrading Treatment or Punishment and the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention); calls on the Commission to look into what steps are needed for the European Union to accede to the revised European Social Charter and to propose a timeframe for achieving that objectivemake progress with regards to accession by proposing a clear propose a timeframe for achieving that objective; calls on the still reluctant Member States to finally give up their resistance and clear the way for an accession of the Union;
Amendment 87 #
2022/2137(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the EU signature of Istanbul Convention on 13 June 2017; emphasises that the EU’s accession to the Convention will provide a coherent European legal framework for the EU’s internal and external policies to prevent and combat violence against women and gender-based violence and to protect and support victims; underlines that the EU’s accession would allow 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; urges the Council to step up discussions and procedures in order to ensure the EU’s swift ratification of the Istanbul Convention, which requires only a qualified majority in the Council; calls on the Commission and the Council to ensure that Parliament will be fully involved in the Convention’s monitoring process after EU accession; strongly encourages also the six remaining Member States who have not yet ratified the Istanbul Convention to do so without delay;
Amendment 88 #
2022/2137(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Underlines that accession to certain CoE treaties would allow the EU to play an active role in CoE bodies, facilitate EU-CoE coordination, and in certain cases allow the CoE bodies’ activities to cover EU bodies and agencies; calls, in this regard, to evaluate the possibility for the EU to become a full member of Council of Europe agencies and bodies of which it already is an observer member, such as the European Commission for the Efficiency of Justice (CEPEJ) and European Commission against Racism and Intolerance (ECRI); reiterates, in particular, its call for the EU to advance its application for full membership of the Group of States against Corruption (GRECO) as soon as possible and for Parliament to be kept up to date with the progress of this application;
Amendment 99 #
2022/2137(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Welcomes the valuable contributions that the ECHR and ECtHR case law have brought to defence and promotion of the rule of law and fundamental rights in the EU; calls for close and improved judicial cooperation between the ECtHR and the CJEU, and further harmonisation between the Convention system and EU law;
Amendment 106 #
2022/2137(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Acknowledges the important role which the FCNM has played in the European integration processUnderlines that the CoE is an important partner in the EU’s enlargement process, cooperating with the EU in supporting candidate and potential candidate countries in carrying out reforms in line with the standards of human rights, democracy, and the rule of law, and in monitoring the progress in these areas; believes that cooperation in the area of enlargement should be further strengthened, becoming more formal, structured, and systematic; recalls that during the process of evaluating candidate countries’ progress towards accession on the basis of the Copenhagen criteria, the Commission’s systematic monitoring of minority protection in candidate countries has relied to a great extent on the standards developed by the CoE; recalls that the EU considers candidate countries’ implementation of the FCNM an important element in the accession criteria for minority protection;
Amendment 118 #
2022/2137(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Commission and the Council to also explore avenues of cooperation with regards to media freedom and pluralism; believes, in this regard, that the EU should build upon the good work of Platform for the Protection of Journalism and Safety of Journalists and closely cooperate with the Steering Committee on Media and Information Society (CDSMI);
Amendment 141 #
2022/2137(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Believes that, as a step to deepen parliamentary relations and also in view of the EU’s accession to the ECHR, a new EP Delegation for relations with the Parliamentary Assembly of the Council of Europe should be established;
Amendment 269 #
2022/2051(INL)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to its resolution of 9 June 2022 on Parliament’s right of initiative (2020/2132(INI))
Amendment 337 #
2022/2051(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Proposes to strengthen and reform the procedure in Article 7 TEU with regard to the protection of the rule of law by ending unanimity, introducing a clear timeframe within which potential breaches of the values referred to in Article 2 TEU should be addressed, and by making the Court of Justice the arbiter of violations;
Amendment 355 #
2022/2051(INL)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Highlights that such a defence union would rationalise the Member States’ contributions in the field of defence, notably by pooling up resources and increasing the overall defence capabilities, potentially reducing the financial contribution of each Member States in net terms for military expenditures; stresses that the establishment of a defence union could liberate precious resources for the achievement of the Union’s objective to promote peace, its values and the well- being of its peoples and the economic, social and territorial cohesion and solidarity, while also increasing the democratic accountability of military spending through the direct scrutiny of Parliament as the budgetary authority of the Union;
Amendment 364 #
2022/2051(INL)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Proposes to include in Article 153 TFEU the working conditions of traineeships, internships and apprenticeships with a view to ensure that decent terms and conditions of employment for young people are ensured and that they adhere to quality standards, including on remuneration, and to put an end to the discriminatory practice of unpaid internships in the EU;
Amendment 385 #
2022/2051(INL)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Proposes that Europol receive additional competences subject to parliamentary scrutiny; sSuggests that gender-based violence and environmental crime be added as areas of crime that meet the criteria of Article 83(1) TFEU (Union crimes); calls for the functioning of the European Public Prosecutor’s Office to be governed by the OLP;
Amendment 397 #
2022/2051(INL)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Suggests to include in Article 3 TEU the promotion of an ethic an human-centric technological and scientific advance as a guiding principle for the Union to regulate disruptive and powerful technologies such as Artificial Intelligence and their effects on the economy and society;
Amendment 403 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 3 – subparagraph 1
3. The Union shall establish an internal market. It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full and high quality employment and social progress, and a high level of protection and improvement of the quality of the environment. It shall promote ethic and human-centric scientific and technological advance.
Amendment 407 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 7 – paragraph 1 – subparagraph 1
1. OnWithin six months of receiving a reasoned proposal by one third of the Member States, by the European Parliament or by the European Commission, the Council, acting by a majority of four fifths of its membersqualified majority after obtaining the consent of the European Parliament, mayshall determine thatwhether there is a clear risk of a serious breach by a Member State of the values referred to in Article 2. Before making such a determination, the Council shall hear the Member State in question and may address recommendations to it, acting in accordance with the same procedure.
Amendment 408 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 7 – paragraph 1 a (new)
1a. If, six months after a having received a reasoned proposal, the Council has not yet taken a decision in accordance with this paragraph, the matter shall be referred immediately to the Court of Justice, who within six months shall determine whether there is a clear risk of a serious breach by a Member State of the values referred to in Article 2.
Amendment 409 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 7 – paragraph 2
2. The European Council, acting by unanimity on a proposal by one third of the Member States or by the Commission and after obtaining the consent of the European Parliament, may determinea qualified majority within six months of receiving a proposal by one third of the Member States, the European Parliament acting by a majority of its component Members, or the Commission may submit an application to the Court of Justice on the existence of a serious and persistent breach by a Member State of the values referred to in Article 2, after inviting the Member State in question to submit its observations.
Amendment 411 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 7 – paragraph 2 a (new)
2a. The Court of Justice shall decide on the application within twelve months and after inviting the Member State in question to submit its observations.
Amendment 412 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 7 - paragraph 3 – subparagraph 1
3. Where a determination under paragraph 2 has been made, the Council, acting by a qualified majority, may decideshall decide within six months to take appropriate budgetary measures, which may include a suspension of commitments and payments from the Union’s budget, or to suspend certain of the rights deriving from the application of the Treaties to the Member State in question, including the voting rights of the representative of the government of that Member State in the Council and the right of a Member State to exercise the Presidency of the Council. In doing so, the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons.
Amendment 415 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 7 - paragraph 3 a (new)
3a. If, six months after a determination under paragraph 2 has been made, the Council has not yet taken a decision, it shall be referred immediately to the Court of Justice, who within six months shall determine whether it constitutes a failure to act under Article 265 TFEU.
Amendment 416 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 7 – paragraph 5 a (new)
5a. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may adopt regulations aimed at protecting the values referred to in Article 2.
Amendment 487 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 9
In defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level and high quality of employment, the guarantee of adequate social protection, the fight against poverty and social exclusion, and a high level and high quality of education, training and protection of human health.
Amendment 498 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 79 – paragraph 1
1. The Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third- country nationals residing legally in Member States, ands well as the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings.
Amendment 500 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 79 – paragraph 2 – point a
(a) the conditions of entry and residence, and standards on the issue by Member States of long-term visas by Member States and residence permits, including those for the purpose of family reunification;
Amendment 504 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 88 – paragraph 1
1. Europol's missionThe mission of Europol shall be to support and strengthen action by the Member States' police authorities and other law enforcement services and their mutual cooperation in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy.
Amendment 505 #
2022/2051(INL)
Annex to the motion for a resolution
(b) the coordination, organisation and implementation of investigative and operational action carried out jointly with the Member States' competent authorities of the Member States or in the context of joint investigative teams, where appropriate in liaison with Eurojust.
Amendment 506 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 88 – paragraph 3
3. Any operational action by Europol must be carriedy out any operational action in liaison and in agreement with the authorities of the Member State or States whose territory is concerned. The application of coercive measures shall be the exclusive responsibility of the competent national authorities.
Amendment 520 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 145
Member States and the Union shall, in accordance with this Title, work towards developing a coordinated strategy for high level and high quality employment and particularly for promoting a skilled, trained and adaptable workforce and labour markets responsive to economic change with a view to achieving the objectives defined in Article 3 of the Treaty on European Union.
Amendment 521 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 146 – paragraph 2
2. Member States, having regard to national practices related to the responsibilities of management and labour, shall regard promoting high level and high quality employment as a matter of common concern and shall coordinate their action in this respect within the Council, in accordance with the provisions of Article 148.
Amendment 522 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 147 – paragraph 1
1. The Union shall contribute to a high level and a high quality of employment by encouraging cooperation between Member States and by supporting and, if necessary, complementing their action. In doing so, the competences of the Member States shall be respected.
Amendment 523 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 147 – paragraph 2
2. The objective of a high level ofand high quality employment shall be taken into consideration in the formulation and implementation of Union policies and activities.
Amendment 525 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 151 – paragraph 1
The Union and the Member States, having in mind fundamental social rights such as those set out in the revised European Social Charter signed at Turin on 18 October 1961 andStrasbourg on 3 May 1996, in the 1989 Community Charter of the Fundamental Social Rights of Workers, in the European Pillar of Social Rights and the Charter of Fundamental Rights of the European Union, shall have as their objectives the promotion of high level and high quality employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high levels and high quality of employment and the comberadicationg of poverty, including child poverty, and social exclusion.
Amendment 526 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 153 - paragraph 1 - point b
(b) working conditions;, including working conditions of traineeships, internships and apprenticeships
Amendment 527 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 153 - paragraph 1 - point (e)
(e) the effective information and, consultation and participation of workers;
Amendment 528 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 153 - paragraph 1 - point (j)
(j) the eradication of poverty, including child poverty, and the combating of social exclusion
Amendment 531 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 162
In order to create a fair and socially inclusive society, eradicate poverty and improve employment opportunities for workers in the internal market and to contribute thereby to raising the standard of living, a European Social Fund is hereby established in accordance with the provisions set out below; it shall aim to render the employment of workers easier and to increase their geographical and occupational mobility within the Union, and to facilitate their adaptation to industrial and technological changes and to changes in production systems, in particular through vocational training and retraining and to promote the social inclusion and integration of people in or at risk of poverty or social exclusion, including the most deprived persons and children, and to provide food and basic material assistance to the most deprived.
Amendment 451 #
2022/2048(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the strengthening of the EU’s relations with the Gulf countries, as underlined in the Joint Communication to the European Parliament and the Council of 18 May 2022 on a strategic partnership with the Gulf (JOIN(2022)0013); notes that there is a common interest in engaging more strategically with the Gulf partners; deeply deplores the decision of Saudi Arabia-led OPEC+ to cut oil production that will worsen global inflation and undermine international efforts to fight Russia’s unprovoked invasion of Ukraine; calls in this regard on the EU Member States to halt arms exports to Saudi Arabia; is concerned that the United Arab Emirates, through its strategic deficiencies in preventing money laundering as identified by the Financial Action Task Force, has become a safe haven for Russian oligarchs sanctioned by the EU; emphasizes that a true strategic partnership with the Gulf requires an alignment in countering the Russian aggression in Ukraine
Amendment 16 #
2022/0906(COD)
Draft Regulation
Recital 8
Recital 8
(8) Having regard to the substantive criterion applicable to the distribution between the Court of Justice and the General Court of jurisdiction to give preliminary rulings, it is necessary, for reasons of legal certainty and expedition, for the referring courts not themselves to decide the question as to which of the Courts of the Union has jurisdiction to hear and determine a request for a preliminary ruling. Every request for a preliminary ruling must therefore be submitted to a single court, namely the Court of Justice, which will determine, in accordance with detailed rules to be set out in its Rules of Procedure, whether the request falls exclusively within one or several specific defined areas laid down in the Statute of the Court of Justice of the European Union and, accordingly, whether that request must be dealt with by the General Court. The Court of Justice will continue to have jurisdiction to adjudicate on requests for a preliminary ruling that, notwithstanding that they may be connected to those specific areas, also concern other areas, since the first subparagraph of Article 256(3) of the Treaty on the Functioning of the European Union does not provide any possibility of transferring to the General Court jurisdiction to give preliminary rulings in areas other than the specific areas. The Court of Justice will also continue to have jurisdiction when requests for preliminary rulings raise questions that relate to provisions of primary law, general principles of law, or the Charter of Fundamental Rights, even if the legal context of the main proceedings falls within one of the specific areas indicated in Article 50b, paragraph 1, of the Statute.
Amendment 21 #
2022/0906(COD)
Draft Regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Should the General Court find that, during the examination of a request for a preliminary ruling, it does not have jurisdiction according to Article 50b, paragraph 1, of the Statute, it shall refer the request to the Court of Justice.
Amendment 30 #
2022/0906(COD)
Draft Regulation
Recital 13
Recital 13
(13) With this in mind, it is necessary, first, to extend that mechanism to appeals whose subject matter is a decision of the General Court concerning the decision of an independent board of appeal of an office, body or agency of the Union which, on 1 May 2019, had such an independent board of appeal but to which Article 58a of the Statute of the Court of Justice of the European Union does not yet refer. Such appeals concern cases which have already been considered twice, initially by an independent board of appeal, then by the General Court, with the result that the right to effective judicial protection is fully guaranteed.
Amendment 31 #
2022/0906(COD)
Draft Regulation
Recital 14
Recital 14
Amendment 41 #
2022/0906(COD)
Draft Regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 50b – paragraph 1a (new)
Article 50b – paragraph 1a (new)
1a. When a request for a preliminary ruling raises questions that relate to provisions of primary law, general principles of law, or the Charter of Fundamental Rights, it shall remain within the jurisdiction of the Court of Justice even if the legal context of the main proceedings falls within one of the specific areas indicated in paragraph 1.
Amendment 45 #
2022/0906(COD)
Draft Regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 50b – paragraph 2
Article 50b – paragraph 2
2. Every request for a preliminary ruling made under Article 267 of the Treaty on the Functioning of the European Union shall be submitted to a single court, namely the Court of Justice. After verifying, in accordance with the detailed rules set out in its Rules of Procedure, that the request for a preliminary ruling comes exclusively within one or within several of the areas to which paragraph 1 refers, the Court of Justice shall transmit that request to the General Court.
Amendment 48 #
2022/0906(COD)
Draft Regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 50b – paragraph 2a (new)
Article 50b – paragraph 2a (new)
2a. Where the General Court finds that it does not have jurisdiction to hear and determine a request for preliminary ruling, it shall refer the request back to the Court of Justice.
Amendment 49 #
2022/0906(COD)
Draft Regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 58a – paragraph 2 – indent 2
Article 58a – paragraph 2 – indent 2
Amendment 53 #
2022/0906(COD)
Draft Regulation
Article 4 a (new)
Article 4 a (new)
Article4a 1. At the latest three years after the entry into force of the current Regulation, the Court of Justice shall present to the European Parliament, the Council, and the Commission a report on its implementation and impact. 2. This report shall include, inter alia: - the total number of requests for preliminary rulings received under Article 267 TFEU and the average length for dealing with preliminary ruling cases; - the number of requests for preliminary rulings in each of the specific areas indicated in Article 50b, paragraph 1, of the Statute, and the average length for dealing with preliminary ruling cases in these areas; - the number of requests for preliminary rulings in these specific areas that were transferred to the General Court, and the average length for dealing with preliminary ruling cases in these areas in the General Court; - the number of requests for preliminary rulings that despite falling within one of these specific areas were not transferred to the General Court, as well as the number of requests that were first transferred to the General Court but then referred to the Court of Justice.
Amendment 49 #
2022/0402(CNS)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
Amendment 60 #
2022/0402(CNS)
(13a) The child-parent relationship calls into question an essential aspect of the child’s identity, in particular, not only the right to a personal identity but also the right to live and grow up in a stable family environment. The best interests of the child should always prevail. The European Court of Human Rights has expressly stated that the best interests of the child reduces the margin of appreciation of the State Parties in the recognition of the child-parent relationship1a. Consequently, it becomes necessary to proceed with the recognition of parenthood regardless of the family context and the way in which the child is conceived. It is also necessary to guarantee the full legitimisation of the family, the conjugal relationship, understood as a nucleus of stable affections and relationships between persons, and of the children resulting from such relationship. _________________ 1a ECtHR, Judgment 22.11.2022 [Section III], D.B. and Others v. Switzerland - 58252/15 and 58817/15.
Amendment 62 #
2022/0402(CNS)
Proposal for a regulation
Recital 14
Recital 14
(14) Under Article 21 TFEU and secondary legislation relating thereto as interpreted by the Court of Justice, the respect of a Member State’s national identity under Article 4(2) TEU and a Member State’s public policy cannot serve as justification to refuse to recognise a parent-child relationship between children and their same-sex parents for the purposes of exercising the rights that a child derives from Union law. In fact, the protection of the interests of the child should prevail over considerations of national identity and public policy, so that the child can live in a stable and recognised family free from any stigma, including from a legal point of view. This is particularly true if one considers that the best interest of the child is an integral part of the concept of public policy, thus favouring the entry into national law of new family and conjugal relations. In addition, for the purposes of exercising such rights, proof of parenthood can be presented by any means52 . Therefore, a Member State is not entitled to require that a person presents either the attestations provided for in this Regulation accompanying a court decision or an authentic instrument on parenthood, or the European Certificate of Parenthood created by this Regulation, where the person invokes, in the context of the exercise of the right to free movement, rights that a child derives from Union law. This should not, however, prevent a person from choosing to present in such cases also the relevant attestation or the European Certificate of Parenthood provided for in this Regulation. To ensure that Union citizens and their family members are informed that the rights that a child derives from Union law are not affected by this Regulation, the forms of the attestations and of the European Certificate of Parenthood annexed to this Regulation should include a statement specifying that the relevant attestation or the European Certificate of Parenthood do not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means. _________________ 52 Judgments of the Court of Justice of 25 July 2002, C-459/99, MRAX, ECLI:EU:C:2002:461, paragraphs 61 and 62, and of 17 February 2005, C-215/03, Oulane, ECLI:EU:C:2005:95, paragraphs 23 to 26.
Amendment 67 #
2022/0402(CNS)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Furthermore, according to the case-law of the European Court of Human Rights, the best interests of the child also entails the legal identification of the persons responsible for raising them, meeting their needs and ensuring their welfare, as well as the possibility for the child to live and develop in a stable environment1a. It is therefore clear that the child will have an interest in the legal recognition of their relationship with the parents. _________________ 1a ECtHR, 10.4.2019 [GC], Advisory opinion requested by the French Court of Cassation
Amendment 127 #
2022/0402(CNS)
Proposal for a regulation
Recital 56
Recital 56
(56) Considerations of public interest should allow courts and other competent authorities establishing parenthood in the Member States to disregard, in exceptional circumstances, certain provisions of a foreign law where, in a given case, applying such provisions would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, tThe courts or other competent authorities should not be able to apply the public policy exception in order to set aside the law of another State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination.
Amendment 152 #
2022/0402(CNS)
Proposal for a regulation
Recital 75
Recital 75
(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise or, as the case may be, accept a court decision or authentic instrument on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, tThe courts or other competent authorities should not be able to refuse to recognise or, as the case may be, accept a court decision or an authentic instrument issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination.
Amendment 209 #
2022/0402(CNS)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
This Regulation shall not affect the competence of the authorities of the Member States to deal with parenthood matters in solely domestic cases.
Amendment 246 #
2022/0402(CNS)
Proposal for a regulation
Article 22
Article 22
Amendment 272 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 1 – point a
Article 31 – paragraph 1 – point a
Amendment 278 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 1 – point c
Article 31 – paragraph 1 – point c
(c) upon application by any person claiming that the court decision infringes his fatherhood or her motherhood over the childtheir parenthood over the child and if the decision if it was given without such person having been given an opportunity to be heard and to present evidence;
Amendment 286 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Point (a) of paragraph 1This Article shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination.
Amendment 289 #
2022/0402(CNS)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. AnOnly partyies entitled under national law may challenge or appeal against a court decision on the application for refusal of recognition.
Amendment 301 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
Amendment 306 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
(b) upon application by any person claiming that the authentic instrument infringes his fatherhood or her mothertheir parenthood over the child, if the authentic instrument was formally drawn up or registered without that person having been involved;
Amendment 311 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Point (a) of paragraph 1This Article shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination.
Amendment 316 #
2022/0402(CNS)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
The jurisdiction of the court of the Member State of origin establishing parenthood may not be reviewed. The test of public policy referred to in point (a) of Article 31(1) may not be applied to the rules relating to jurisdiction set out in Articles 6 to 9.
Amendment 323 #
2022/0402(CNS)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. An authentic instrument which has no binding legal effect in the Member State of origin shall have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects, provided that this is not manifestly contrary to public policy (ordre public) in the Member State where it is presented.
Amendment 327 #
2022/0402(CNS)
2. The public policy (ordre public) referred to in paragraph 1is Article shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination.
Amendment 379 #
2022/0402(CNS)
Proposal for a regulation
Article 69 – paragraph 3 – subparagraph 1
Article 69 – paragraph 3 – subparagraph 1
Notwithstanding paragraph 1, Member States shall accept an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State, provided that this is not manifestly contrary to the public policy (ordre public) of the Member State in which acceptance is sought.
Amendment 385 #
2022/0402(CNS)
Proposal for a regulation
Article 70 – paragraph 2 – point -a (new)
Article 70 – paragraph 2 – point -a (new)
(-a) the number of requests for the recognition of parenthood submitted pursuant to this Regulation
Amendment 389 #
2022/0402(CNS)
Proposal for a regulation
Article 70 a (new)
Article 70 a (new)
Article70a Guidelines 1. After the entry into force of this Regulation and before the date from which it shall apply, as indicated in Article 72 of this Regulation, the Commission shall publish guidelines to national authorities on how to apply and enforce this Regulation. 2. The Commission shall update every two years thereafter the guidelines taking into account, inter alia, the experience that has been gained in the application and enforcement of this Regulation and any relevant case law of the Court of Justice.
Amendment 161 #
2022/0219(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘common procurement’ means a cooperative procurement jointly conducted by at least threfive Member States;
Amendment 315 #
2022/0219(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point 1 (new)
Article 12 – paragraph 1 – point 1 (new)
(1) Furthermore, the report should in cooperation with the European Defence Agency, incorporate findings and recommendations pertaining to the use of raw materials, components and production capacities from third countries within the various actions for which there was no European substitute.
Amendment 9 #
2022/0135(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) according to Regulation (EU) 2018/1806, the Commission should monitor and report regularly to the European Parliament regarding the human rights situation in the third countries beneficiary of the visa waiver and should suspend the visa exemption in case of violations in the country concerned; such provision should apply also to the third countries whose nationals are already exempted from the visa requirement;
Amendment 28 #
2022/0135(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Following the model of the current process covering Kuwait and Qatar as new generation agreements under Regulation (EU) 2018/1806, the Commission should swiftly assess the compliance of the criteria of Ecuador and Oman in order to allow the European Parliament to include them in the next review of the present regulation;
Amendment 8 #
2021/2250(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to the declaration issued by the European Community and its Member States on 21 September 2005, including the provision that the recognition of all Member States is a necessary component of the negotiations, and to the need for Turkey to proceed to the normalization of its relations with all Member States and to fully implement the Additional Protocol to the Ankara Agreement towards all Member States, by removing all obstacles to the free movement of goods, including restrictions on means of transport, without prejudice and discrimination,
Amendment 37 #
2021/2250(INI)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
— having regard to Article 46 of the European Convention on Human Rights, which states that the contracting parties undertake to abide by the final judgments of the European Court of Human Rights (ECtHR) in any case to which they are parties, and therefore to the obligation of Turkey to implement all judgments of the European courts, including the ECtHR,
Amendment 48 #
2021/2250(INI)
Motion for a resolution
Recital A
Recital A
A. whereas Turkey, besides being as candidate for EU accession, is a key partner in relation to the economy, trade and migration, as well as a strategic partnerexpected to respect and uphold the Copenhagen criteria, to uphold the highest standards of democracy, respect of human rights and the rule of law, to comply with the international law and international conventions acceded to by the EU, to pursue and maintain good neighbourly relations with the EU and all its Member States indiscriminately and to peacefully settle all disputes having resource, if necessary, to the International Court of Justice;
Amendment 176 #
2021/2250(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls that the allocation of EU funds is conditional on the respect for the rule of law, democratic values, human rights, European and international law; due to Turkey's backsliding in all these areas, reiterates its position that all the funds allocated under the Instrument for Pre-Accession Assistance (IPA III) and relevant programmes of the NDICI - Global Europe instrument to be directly managed by the EU in order to support Turkey's civil society, human rights defenders and journalists, and to increase opportunities for people-to-people contacts, academic dialogue and media platforms for journalists with the objective of protecting and promoting democratic values and principles, human rights and the rule of law and that no actions organised by the Turkish state should get financed by the EU budget as long as the situation does not significantly improve;
Amendment 186 #
2021/2250(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Insists that the crucial area of fundamental rights and freedoms, which is at the core of the accession process, cannot be disconnected and isolated from overall relations with the EU and stresses that for Parliament, it remains one of the main obstacles to further progress on any positive agenda that could be offered to Turkey;
Amendment 263 #
2021/2250(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on Turkey to cooperate with the EU and the Council of Europe and its relevant bodies on deep and urgent reforms in these areas and in addressing their key recommendations, and fully implement all judgements of the European Court of Human Rights in line with Article 46 of the ECHR, as well as the payment of just satisfaction awarded by the ECtHR, an unconditional obligation deriving from Turkey’s membership of the Council of Europe;
Amendment 17 #
2021/2245(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
— having regard to the 2019 Poznan Declaration on Roma Integration within the EU Enlargement Process;
Amendment 27 #
2021/2245(INI)
Motion for a resolution
Recital A
Recital A
A. whereas BiH citizens aspire towards Euro-Atlantic integration for sustainable peace, democracy and prosperity; whereas the European Parliament has continuously supported BiH path into the EU;
Amendment 33 #
2021/2245(INI)
Motion for a resolution
Recital C
Recital C
C. whereas BiH’s progress on its EU accession path depends on the implementation of the 14 key priorities in the Commission’s opinion on BiH’s EU membership application, and; whereas EU assistance should address the persistent lack of progress in that regard with BiH counterparts;
Amendment 43 #
2021/2245(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Office of the High Representative (OHR) and EUFOR Althea are integral in preserving peace, security and stability, in BiH and the Western Balkans region;
Amendment 44 #
2021/2245(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the High Representative used the Bonn Powers to suspend Republika Srpska Law on Immovable Property;
Amendment 48 #
2021/2245(INI)
Motion for a resolution
Recital E
Recital E
E. whereas all BiH citizens should enjoy equal rights and obligations throughout BiH territory regardless of their ethnic background; whereas the country has committed to international obligations to end systematic ethnicity and residence-based discrimination and ensure citizens’ equality before the law and has so far failed to do so;
Amendment 70 #
2021/2245(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges BiH todecision-makers to show commitment to the European project by advanceing on the 14 key priorities, notably by restoring the independence of the judiciary, strengthening the rule of law, intensifying the fight against corruption and organised crime, securing media freedom and an enabling environment for civil society, and protecting vulnerable groups;
Amendment 72 #
2021/2245(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates its clear support for BiH’s democratic transformconsolidation through European integration, based on unity, sovereignty and territorial integrity, grounded in the principles of equality and non- discrimination of all citizens and constituent peoples as enshrined in the constitutionpeople living in BiH following the ECHR decisions in the Seidic-Fince group of cases;
Amendment 85 #
2021/2245(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on all UNSC Members to ensure the renewal and continuity of the mandate of the OHR, as a crucial anchor of BiH stability;
Amendment 97 #
2021/2245(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets the impasse in negotiations on electoral law reform in BiH and the lack of political will to overcome it; calls on all actors to promptly reach a balancnegotiate in good will and promptly reach a democratic human rights based agreement, to fulfil the constitutional duty of democratic governance and to ensure the transparency and integrity of the electoral process;
Amendment 107 #
2021/2245(INI)
6. Strongly denounces the disregard for international and national norms and obligations, all hate rhetoric and disruptive action, including withdrawal from institutions, particularly by the leadership of the Republika Srpska entity, which destabilises the country, undermines its statehood in violation of the Dayton Peace Agreement and systematically hampers decisions on key laws and reforms; reject which are essential to advance towards EU integration; condemns all attempts to form parallel parastatal institutions, which undermine state institutions, constitutional and legal order, judicial independence and sovereignty; calls for a full, non-selective and unconditional return to all state institutions;
Amendment 119 #
2021/2245(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for the EU and the international community to use all available tools, including targeted sanctions, against destabilising actors in the country, notably Milorad Dodik in the country; welcomes the set of sanctions already adopted in this respect; calls on all EU Member States to ensure similar targeted sanctions can be adopted by the Council;
Amendment 134 #
2021/2245(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that the EU future of BiH depends on sustainable peace and genuine dealing with the past and reconciliation, warranting its democratic, inclusive and multi-ethnic character; urges BiH to expedite effective and impartial prosecution of war crimes under the revised national war crimes processing strategy; calls on all regional political leaders to set up the relevant commission (RECOM);
Amendment 140 #
2021/2245(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Encourages authorities to intensify cooperation and data sharing on missing persons and to ensure redress for the families of civilian victims, and the safe and sustainable return of refugees and internally displaced people, the full respect of their rights and the return of their property, as well as reconstruction assistance, job creation and social measures and education rights on the regional and national level;
Amendment 144 #
2021/2245(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the amendments to the BiH Criminal Code outlawing the glorification of war criminals and the denial of genocide, crimes against humanity and war crimes; deplores any attempt not to implement this decision; strongly condemns all forms of historical revisionism, denial, or minimisation or glorification of war crimes including non- compliance with decisions of international and domestic tribunals; calls for implementation of the amendments and effective investigations and prosecution of genocide denial;
Amendment 152 #
2021/2245(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges BiH’s political actors to make progress on reforms that are needed to bring the country closer to the EU; calls for an inclusion of civil society organisations in the process, during the transition and beyond; denounces all attempts to stall these reforms, thus endangering access to EU funding under IPA III, which must be based on strictboth incentives and strict rule of law conditionality and depends on the cooperation of different authorities;
Amendment 167 #
2021/2245(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. SRecalls on respecting the democratic principle of holding regular elections, in accordance with the Electoral Law; stresses the importance of holding elections this year as planned;
Amendment 171 #
2021/2245(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Supports transparent and inclusive constitutional and electoral reforms to ensure equality and non-discrimination of all citizens, enhance accountability and transform BiH into a fully functional and inclusive state by immediately implementing rulings, opinions and recommendations of competent courts and international bodies; supports transatlantic facilitation efforts to this endregrets that US and EU facilitation efforts to this end took place with ethno-nationalist leaders outside of parliamentary structures; highlights the importance of the BiH Parliament as the legitimate arena for the ongoing negotiations on electoral reform, as a legitimate and supported BiH Parliament constitutes avital sign of a functioning democratic state;
Amendment 200 #
Amendment 207 #
2021/2245(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls the need for laws on gas and electricity, renewables, energy efficiency and climate, and to step up environmental and nature protection and ambition towards a green transition; calls on the Green Agenda for the Western Balkans to fully support BiH in this respect;
Amendment 213 #
2021/2245(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Urges BiH authorities to opt out from new coal generation facilities financed by China that are contrary to the EU directives on state aid and the country's commitments resulting from the Green Agenda;
Amendment 223 #
2021/2245(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for urgent action to tackle widespread selective justice, state capture, nepotism, cronyism, high-level corruption and criminal infiltration; reiterates the urgent need for judicial reform across BiH to improve the professionalism and integrity of the judiciary; notably calls for strengthening of the monitoring of performances of judiciary actors and the improvement of corruption monitoring mechanisms;
Amendment 227 #
2021/2245(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Reiterates the need to investigate political and administrative links to organised crime and to effectively prosecute high-profile corruption cases;
Amendment 229 #
2021/2245(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls the need to update laws and align with the EU on anti-money laundering and countering the financing of terrorism, and to establish an asset recovery office; financing of political parties, and protection of whistleblowers;
Amendment 235 #
2021/2245(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines the poor cooperation of BiH’s law enforcement agencies and their failure to effectively collaborate with Europol, Eurojust and the European Public Prosecutor’s Office; welcomes bilateral efforts supported by Europol and Eurojust aimed at dismantling people smuggltrafficking networks;
Amendment 243 #
2021/2245(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Deplores the continuing failure to safeguard media freedom and pluralism; insists on eliminating political interference and protecting journalists from intimidation with systematic judicial follow-upthe safety of journalists with systematic and efficient prosecution; calls on the authorities to take immediate and effective investigative steps in a timely manner; calls on the authorities to assign a special layer of protection to journalists in the criminal codes;
Amendment 251 #
2021/2245(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Deplores threats from the authorities against civil society; condemns growing restrictions on freedom of expression in theand freedom of assembly in BiH, notably in Republika Srpska entity;
Amendment 255 #
2021/2245(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Stresses the need to ensure the participation of citizens in the democratic life of the country through effective, meaningful and inclusive involvement of civil society organisations in the EU integration process; calls on authorities to ensure an enabling environment for civil society upholding international standards; calls on the authorities to develop and implement a strategic framework of cooperation with civil society and to guarantee an inclusive policy dialogue;
Amendment 260 #
2021/2245(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to refocus IPA III support to in-country democratic forces, institutions and procedures and to civil society organisations;
Amendment 262 #
Amendment 265 #
2021/2245(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the need to safeguard the rights of minorities and inclusion of vulnerable populations; calls for stronger country-wide human rights and anti- discrimination strategies and the implementation of an independent body to deal with human rights violations and issues; urges the prevention and proactive prosecution of hate crimes, hate speech and disinformation as well as gender-based and sexual violence;
Amendment 268 #
2021/2245(INI)
24 a. Calls for the amendment of the criminal codes in the Federation of BiH and Brčko District to expand provisions on incitement to hatred and violence so that they include sexual orientation, gender identity and sex characteristics as protected grounds;
Amendment 271 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Is concerned by the level of gender-based violence, for which the institutional response needs to be improved and at abuses against women rights defenders; expects Bosnia and Herzegovina to accelerate the prosecution of crimes of sexual violence and provide reparation to women victims of war crimes; underlines the importance to provide reparation, access to specialised support services, legal aid and safe accommodation to women survivors of war crimes;
Amendment 272 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24 c. Recalls the need for specific earmarked funding on gender equality in all EU external financial instruments, and for reduced administrative constraints to allow access to funding for local and small civil society organisations (CSOs) and especially women civil society organisations (WCSOs);
Amendment 275 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 d (new)
Paragraph 24 d (new)
24 d. Calls for the need to introduce legislation to protect LGBTI+ and for the prosecution of violence and hate crimes against them, as well as for promotimg their social inclusion and adopt a relevant action plan;
Amendment 277 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 e (new)
Paragraph 24 e (new)
24 e. Calls for the adoption of the Action Plan for Equality of LGBTI Persons in Bosnia and Herzegovina 2021- 2023, which has been stalled since 2020;
Amendment 279 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 f (new)
Paragraph 24 f (new)
24 f. Welcomes the conclusion of the Intersectoral Working Group on same-sex rights and partnership, which officially recommended a law on same-sex partnership to be drafted; calls on the government to bring this to the government session without delay;
Amendment 282 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 g (new)
Paragraph 24 g (new)
24 g. Welcomes the fact that the Government of the Canton of Sarajevo covered the security costs of the 2021Sarajevo Pride; calls for the amendment and harmonization of laws regulating freedom of assembly to come in line with international and EU standards;
Amendment 287 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 h (new)
Paragraph 24 h (new)
24 h. Stresses the need to duly prevent discrimination of Roma and other ethnic minorities, to improve access to healthcare, education, labour market and to develop and implement strategies on social inclusion;
Amendment 290 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 i (new)
Paragraph 24 i (new)
24 i. Demands BiH to develop and adopt a new action plan on child protection;
Amendment 292 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 j (new)
Paragraph 24 j (new)
24 j. Stresses that the strengthening of the welfare state in BiH is an important condition for social cohesion;
Amendment 298 #
2021/2245(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Reiterates its call to urgently end segregation and discrimination in education, including by implementing court rulings to end the discriminatory illegal practice of ‘two schools under one roof’; stresses the need to invest more in the education sector – from pre-school to higher education in order to achieve better and equal opportunities for all including vulnerable groups;
Amendment 300 #
2021/2245(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Welcomes the continued participation of BiH thanks to IPA support to the Erasmus+, Creative Europe and Europe for Citizens Programmes; stresses that educational and cultural exchanges and joint projects are an essential part of bringing the citizens of BiH and of the EU closer;
Amendment 303 #
2021/2245(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Urges BiH authorities to address the increasing youth unemployment rate, and to concentrate resources and leverage to ensure a future for BiH young people in their country:
Amendment 304 #
2021/2245(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25 c. Calls on the authorities to foster the social dialogue among social partners on all socio-economic matters and to strengthen the role of trade unions bargaining for collective agreements;
Amendment 307 #
2021/2245(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Deplores the failure of authorities to address the severe migration-related humanitarian crisis at the border of Croatia and BiH; recalls the need for solidarityhuman rights-based solutions on migration and asylum, ensuring adequate humanitarian assistance and appropriate reception capacities across the country; welcomes the opening of the EU-funded centre in Lipa, especially also medical assistance and vaccination strategies, and appropriate reception capacities across the country; recalls the need for the establishment of accessible and efficient asylum system in the country as well as a full range of integration services for asylum seekers; reiterates its serious concerns over the rights of people in transit in BiH; expresses deep concerns about pushbacks of refugees to Serbia and Montenegro, as well as the limitation of their movement and limitation of public transport inside the country; underlines that the “externalisation” of EU border management and migration control to BiH authorities is of concern in light of violations of human rights standards; states that it is the EU’s duty to conduct a humane and migration approach, that aims at protecting the fundamental rights of persons in need of international protection in countries of transit such as BiH;
Amendment 311 #
2021/2245(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Condemns the closure of Miral camp on 28 April and that people who were living there were forcibly moved to Lipa camp which is far away from any infrastructural accessibility;
Amendment 312 #
2021/2245(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Condemns the eviction of squats by the police by force on 28 April which happened when people were sleeping; condemns that people were moved to Lipa camp;
Amendment 330 #
2021/2245(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls for the EU to take concrete steps to integrate the Western Balkans and BiH within a broader strategic and security context, also in view of the Russian aggression against Ukraine, disinformation and malign interference destabilising the country and region; stresses the need for the EU to boost its proactive strategic communication to counter attempts at diminishing the EU’s credibility and actions in the region and jeopardizing the country’s unity;
Amendment 332 #
2021/2245(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Underlines the need for EU to boost assistance and technical expertise to BiH for the protection and securitization of its cyber domain;
Amendment 335 #
2021/2245(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28 b. Urges the EU to assist BiH in increasing its green energy security amid the ongoing war in Ukraine and the precariousness of the energy prices;
Amendment 338 #
2021/2245(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes EU-funded efforts to boost demining and the disposal of weapons, ammunition and explosives; underlines that BiH officially aligns itself with the criteria and principles of the Common Position on Arms Export and is a State Party to most disarmament, non- proliferation and arms control treaties;
Amendment 19 #
2021/2229(INL)
Recital F a (new)
F a. whereas compliance with the principle of degressive proportionality, as prescribed in Article 14(2) TEU, has been systematically thwarted by political negotiations in Parliament and the Council based on other criteria;
Amendment 20 #
2021/2229(INL)
Recital F b (new)
F b. whereas, in order to respect the letter of the treaties, a permanent calculation mechanism should be put in place in order to establish a composition that reflects the demographic developments in the Member States of the Union;
Amendment 22 #
2021/2229(INL)
Paragraph 2
Amendment 31 #
2021/2229(INL)
Paragraph 4 a (new)
4 a. Recalls that Article 4(3) TEU establishes a duty of sincere cooperation and a mutual legal obligation for the Union and the Member States to assist each other in carrying out tasks which flow from the Treaties; recalls in this regard that Council should start negotiations with Parliament not from the moment when it considers that a majority or unanimity can be achieved but within a reasonable timespan from the moment a file has been transferred to its secretary; considers that the postponement of a decision on the modification of the European electoral law is against the duty of loyal cooperation and has a negative impact on the next composition of the European Parliament;
Amendment 33 #
2021/2229(INL)
Paragraph 5
Amendment 39 #
2021/2229(INL)
Paragraph 5 a (new)
5 a. Proposes to establish a permanent mechanism for calculating the composition of Parliament and suggests, as it is done in the Council of the European Union, to give a mandate to Eurostat to produce updated statistics one month before the mid-term and a recommendation on the composition of Parliament based on these; commits to draw up its proposal to the Council on the basis of these technical recommendations;
Amendment 40 #
2021/2229(INL)
Paragraph 5 b (new)
5 b. Instructs the Committee on Constitutional Affairs to propose the details of such a procedure that would implement the requirements of the article 14(2) TEU and include a permanent calculation method used to establish degressive proportionality;
Amendment 63 #
2021/2207(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas, according to the United Nations Office for the Coordination of Humanitarian Affairs (UN OCHA), 2022 was the deadliest year since 2006 for Palestinians residing in the occupied West Bank;
Amendment 222 #
2021/2207(INI)
Motion for a resolution
Paragraph 1 – point g
Paragraph 1 – point g
(g) urge the PA to eliminate repressive restrictions on the funding and registration of non-governmental organisations and, to respect the freedom of assembly and expression and not to arbitrarily detain people exercising their fundamental rights;
Amendment 22 #
2021/2199(INI)
Motion for a resolution
Citation 50 a (new)
Citation 50 a (new)
— having regard to the Helsinki Final Act of 1975 and the Charter of Paris for a New Europe of 1990,
Amendment 28 #
2021/2199(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EaP is part of the EU’s comprehensive approach to securitneighbourhood policy, specifically designed to bolster relationships with the six EaP countries: Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine, to help promote peace and stabil, stability, resilience, shared prosperity, sustainable development and reforms and human security oin the EU’s eastern flankneighbours, in a spirit of shared ownership and responsibility;
Amendment 36 #
2021/2199(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the EaP has been facing serious violations of international law, security threats and conflicts in the recent years;
Amendment 37 #
2021/2199(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas the destabilisation of the EaP region poses a significant threat to the EU peace, stability and security;
Amendment 38 #
2021/2199(INI)
Motion for a resolution
Recital B
Recital B
B. whereas between 2021-2027, the EU aims also to invest in a range of security stabilisation initiativesthe EU and EaP partners jointly decided to deepen their cooperation in the area of security such as enhancing the ability of EaP countries to meet hybrid and cyber threats;
Amendment 47 #
2021/2199(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the essential aims of the EaP are beneficial to the international community, including Russia, in that they help to forge a more stable region through measures that enhance good governance, the rule of law and good neighbourliness by promoting shared prosperity and prospects for the peoples of all EaP countries;
Amendment 54 #
2021/2199(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EaP Summit on 15 December 2021 resulted in increased efforts to bolsterenhance resilience, security dialogue and cooperation in the areas of the CSDP;
Amendment 59 #
2021/2199(INI)
Motion for a resolution
Recital E
Recital E
E. whereas President Putin’s Russia has engaged in continuous hybrid warfare against some EaP countries, backed by the ever- present threat of force across the region, to keep states politically off- balance and tied to Moscow’s self-declared sphere of influence, effectively removing the right of; whereas EaP countries are sovereign to choose their own foreign policy choices and alliances;
Amendment 65 #
2021/2199(INI)
Motion for a resolution
Recital F
Recital F
F. whereas in September 2021, Russia’Russia regularly conducts joint ZAPAD military exercise with Belarus and several other countries in the Russia-led Collective Security Treaty Organisation (CSTO) demonstrated that Russia’s gap ; whereas Russia and Belarus agreed on a joint military capabilities is rapidly closing while itsdoctrine, with the aim of deepening its political and military relations with CSTO countries is rising;
Amendment 71 #
2021/2199(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the 2014 invasion and illegal annexation of Crimea demonstrated that Russia rejects EU or NATO aspirations in former Soviet territories and is determined to contend and contest any attempts to aid democratic development in a region which it considers its ‘near abroad’is a clear violation by Russia of the sovereignty, independence, unity and territorial integrity of Ukraine; whereas the EU has strongly condemned it and firmly sustained determination not to recognize it and has taken restrictive measures in this respect;
Amendment 83 #
2021/2199(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the latest Normandy Format and Minsk I & II Agreements have failed to end hostilities between Ukraine and Russian-backed separatists in Donetsk and LuhanskSummit in Paris on 9 December 2019 agreed several measures, notably concerning a renewed cease fire and disengagement of forces, that not only remain to be implemented, but are also obstructed and evidently contradicted by the latest actions of the Russian Federation; whereas the implementation of the Minsk I & II Agreements has suffered serious setbacks, in particular due to unilateral measures taken by the Russian Federation in contradiction with its commitments under the agreements; whereas the conflict in the Donbas region has killed more than 14 000 people and displaced around 1.5 million people;
Amendment 98 #
2021/2199(INI)
Motion for a resolution
Recital I
Recital I
I. whereas Russia, against the backdrop of a crisis on the EU-Belar is threatening Ukraine with over 120 thousian border, has amassed over 100 000 troopsds of troops amassed on the border of Ukraine in an offensive formation while increasing its hybrid warfare tactics targeting the elected government in Kyiv, creating widespread concern about a potential second invasion of Ukraine;
Amendment 107 #
2021/2199(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas Russia has demanded a revision of the European security order, involving the commitment not to further enlarge NATO and the withdrawal of NATO troops from some EU Member States, thereby disrespecting core principles of European security as agreed among European countries, including Russia;
Amendment 111 #
2021/2199(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
I b. whereas the EU has expressed its preparedness to counter any military aggression by the Russian Federation against Ukraine with the strongest possible sanctions;
Amendment 112 #
2021/2199(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
I c. whereas talks took place in various bilateral and multilateral formats including the NATO-Russia Council and the OSCE; whereas there can be no discussion on European security without European countries; whereas the OSCE is the only European organisation that brings together all European countries including Russia, Central Asia, and the transatlantic partners; whereas the OSCE therefore remains the most suitable framework for discussing how to strengthen the common European security architecture in the interest of all;
Amendment 117 #
2021/2199(INI)
Motion for a resolution
Recital J
Recital J
J. whereas following the electoral unrest, Belarus has largely abandoned its aim of fostering better relations with the EU, having reversed trends towards democratisation and taken to weaponising refugeesmass demonstrations against massive electoral fraud, the Belarusian regime has further increased domestic and violent repressions, in an attempt to uproot domestic aspirations towards liberalisation and destabilise; whereas Belarus has been using hybrid methods of warfare against EU Member States;
Amendment 130 #
2021/2199(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the outbreak of hostilities between Azerbaijan and Armenia fundamentally altered the political, strategic and operational status quo of the South Caucasus and resulted in; whereas Russia’s deployment ofed approximately 2 000 peacekeeping troops to the area in and around Nagorno- Karabakh as part of a ceasefire agrethe 9 November 2020 trilateral statement;
Amendment 135 #
2021/2199(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the Russian Federation is continuing to further reinforce its illegal military presence in Georgia’s occupied territories and, to intensify its military build-up and military exercises, seriously destabilising the security situation on the groundand to increase ‘borderisation’ along the Administrative Boundary Line, seriously destabilising the security situation on the ground and endangering the livelihood of the population in the conflict-affected areas;
Amendment 140 #
2021/2199(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the success of any CSDP mission depends on the robustness of its mandate and on the level of political will and cohesion, as well as the willingness of Member States to invest their expertise, assets, personnel and resources;
Amendment 146 #
2021/2199(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the threats posed to the EU’s east not only concern friction with Russia but also and its eastern partners’ security also comprise climate change, cyber attacks, proliferation of WMDs, terrorism, organised crime, human trafficking, corruption, massinstrumentalisation of irregular migration and a host of other threats to the cohesion of societies both within and outside the EU;
Amendment 167 #
2021/2199(INI)
Motion for a resolution
Recital R
Recital R
R. whereas the CSDP will also require even closer coordination with NATO’s defence and deterrence posture and the Open Door Policy; whereas NATO pursues an Open Door Policy; whereas Ukraine and Georgia are NATO aspirant countries;
Amendment 171 #
2021/2199(INI)
Motion for a resolution
Recital R a (new)
Recital R a (new)
R a. whereas the EU Advisory Mission for Civilian Security Sector Reform in Ukraine (EUAM) is a civilian mission launched in 2014, at the Ukrainian government’s request for the EU to support the reform of law enforcement and rule of law institutions, thereby re- establishing trust with Ukrainian citizens after violent events surrounding the Ukraine revolution;
Amendment 187 #
2021/2199(INI)
Motion for a resolution
Recital V a (new)
Recital V a (new)
V a. whereas the Council is currently discussing options to increase the CSDP presence in Ukraine;
Amendment 188 #
2021/2199(INI)
Motion for a resolution
Recital W
Recital W
W. whereas in its 13 years of existence, the European Union Monitoring Mission in Georgia (EUMM) is a civilian mission launched in 2008, following the EU-mediated Six Point Agreement which ended the war between Georgia and Russia; whereas in its 13 years of existence the EUMM) has represented the strong political commitment of the EU in the region by providing stability and security to conflict- affected communities, normalisation and confidence-building amongst the parties in conflict;
Amendment 198 #
2021/2199(INI)
Motion for a resolution
Recital AA
Recital AA
AA. whereas flagrant violations of the six-point agreement and ceasefire by occupying forces are often met with limited responses or calls to action by Member States, or no response at all, which risks emthere have been illegal arrests across the Administrative Boundary Lines and illegal “bolrdening the occupying forces to carry out more such actionrisation” activities;
Amendment 212 #
2021/2199(INI)
Motion for a resolution
Recital AD
Recital AD
AD. whereas the EUMM has created a new confidence-building mechanism – a ‘hotline’ – which is the onlya channel of communication between the Government of Georgia and the de facto authorities in Abkhazia and South Ossetia, including Russia’s FSB border guards deployed in both territories; whereas this hotline was activated 3 000 times in 2020;
Amendment 214 #
2021/2199(INI)
Motion for a resolution
Recital AE
Recital AE
AE. whereas on 24 October 2019, for the first time in over 10 years, FSB border guards crossed the occupation line, detaining EUMM border guards on territory clearly within the borders of GeorgiaAdministrative Boundary line, detaining EUMM monitors and forcing the EUMM to negotiate their release;
Amendment 217 #
2021/2199(INI)
Motion for a resolution
Recital AF
Recital AF
AF. whereas the EUMM’s role in securing the release of detained border guardmonitors, as well as its efforts to assist sick people from the territories in getting treatment in Georgia, adds tremendous value to the important role the EUMM plays in both conflict management and confidence building;
Amendment 219 #
2021/2199(INI)
Motion for a resolution
Recital AG
Recital AG
AG. whereas the EU Border Assistance Mission to Moldova and Ukraine (EUBAM) is a civilian mission launched in 2005; whereas it has a non-executive mandate to enhance the border management capacities of border guards, customs authorities and law enforcement in Ukraine and Moldova with an annual budget of EUR 12 million and a staff of over 200 personnel, with a mandate up for renewal in November 2023;
Amendment 248 #
2021/2199(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Welcomes the conclusions of the 2021 EaP Summit, promoting security as an important field of cooperation und underlining the EU’s readiness to enhance security dialogue with EaP partners; considers that such dialogue could further promote alignment and gradual convergence of the EU and the EaP countries foreign and security policy, in line with partners’ commitments with the EU.
Amendment 252 #
2021/2199(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Underlines that sustainable peace and human security in the EaP region is essential for the EU; stresses that the peaceful resolution of ongoing or frozen conflicts in the region, based on international law, and good neighbourly relations are key to building and strengthening resilient and sustainable democracies in the EaP, with strong ties to the EU;
Amendment 253 #
2021/2199(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Reminds that peace and security require strong and publicly accountable institutions, good governance and respect for the rule of law; strongly encourages EaP partners to further engage in the relevant reforms as only internal resilience based on strong and democratic institutions will allow to achieve the necessary resilience towards external threats;
Amendment 256 #
2021/2199(INI)
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1 b. Condemns the threatening large- scale military build-up by the Russian Federation along the border with Ukraine, related actions in the non- government-controlled areas of Ukraine’s Donetsk and Luhansk regions, in illegally annexed Crimea and in Belarus; calls on the Russian Federation to immediately and fully withdraw its military forces, cease its threat against the territorial integrity of Ukraine, and contribute tod e- escalating tensions in the region by fully abiding to its commitments as an OSCE participating state;
Amendment 285 #
2021/2199(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Encourages the EU and Member States to ensure that any provision of equipment support via the EPF to EaP countries is in line with the needs of the EaP country and with full respect of international humanitarian law and international Human Rights law, of the Common Position on Arms Export and with the necessary transparency provision, and is carried out in collaboration with NATO strategic planning in order to avoid duplication;
Amendment 297 #
2021/2199(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Encourages the Member States each to deploy personnel to CSDP missions in EaP countries to ensure all Member States are represented in missions throughout the region and to encourage greater participation by non-EU countries in these missions, particularly former communist countries that have hosted successfully completed CSDP missions;; endorses Member State’s’ cooperation with EaP partners in area of security such as Lithuanian- Polish-Ukrainian Brigade.
Amendment 310 #
2021/2199(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Encourages Member States to expand support mechanisms for the participation of EaP countries in CSDP missthe further participation of EaP countries in CSDP missions, that would help to increase partners’ interoperability, develop common procedures and join actions;
Amendment 349 #
2021/2199(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Invites Member Statesthe EU to reinforce cooperation with NATO, also through the upcoming EU-NATO joint declaration, in supporting the defence and security capacity of our neighbours to the east;
Amendment 363 #
2021/2199(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the EEAS to coordinate threat assessment reports and political messagings with NATO Liaison Offices in EaP countries;
Amendment 368 #
2021/2199(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages Member States that share both EU and NATO membership and that lead different NATO capacity building initiatives with EaP countries to ensure that training efforts and the transfer of best practices are coordinated with the EU MPCC and CPCC; encourages Member States to ensure that CSDP missions in EaP countries embrace close coordination with NATO’s defence and deterrence posture and Open Door Policyactions in the region;
Amendment 373 #
2021/2199(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Encourages Member States to use theRecalls that the participation of third- country PESCO agreement over military mobility as a template for EaP country participation, with an emphasies in individual PESCO projects can be in the strategic interest of the EU, when it comes to providing technical expertise on tailoring PESCO projects to the needs of CSDP missions and on developing highly encrypted secure civilian communication systemr additional capabilities, particularly in the case of strategic partners such as some EaP countries;
Amendment 378 #
2021/2199(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Encourages the VP/HR to devote particular attention to the security of the EaP area in the upcoming EU-US security and defence dialogue and the EU-US dialogue on Russia; recalls that the European security order cannot be discussed without the European countries; underlines that the stability of the EaP region is essential to the security of the whole European continent;
Amendment 385 #
2021/2199(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Welcomes the valuable contribution of Georgia, Moldova and Ukraine in EU CSDP missions and operations;
Amendment 395 #
2021/2199(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Encourages Member Statesthe EU to extend EUAM cooperation to all anti- corruption structures and to include, either in the form of training and instruction or on the basis of sharing best practices and jointly setting future priorities, both Ukraine’s National Agency on Corruption Prevention (NAZK) and its High Anti- Corruption Court;
Amendment 400 #
2021/2199(INI)
19. Encourages Member Statesthe EU to expand their support to the EUAM’s digitalisation efforts via training and the provision of technologies that support data registry, human resource management and court filing procedures to assist in transparency, community trust building and countering corruption;
Amendment 402 #
2021/2199(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
Amendment 411 #
2021/2199(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls foron the Council to maintain the EUAM, the EUMM and the EUBAM to remain in action for as long as necessary and supports their renewable mandate structures to ensure easier adaptation to any alteration of facts on the ground;
Amendment 415 #
2021/2199(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. ImploresCalls on Member States to strengthen their public reactions to provocations against the EUMM, especially detentions of EUMM border guardmonitors and ceasefire violations;
Amendment 417 #
2021/2199(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Council, the Commission and the EEAS to explore options to foster the cyber capability- building of our partners such as adjusting advisory mandates to include specialised training in combating hybrid warfare activities, cyber warfare and OSINT analysis, or to launch Civilian cyber missions; notes the important training work undertaken by the European Security and Defence College in the cyber defence field and welcomes the targeted training and education events organised by the ESDC for EaP partners;
Amendment 425 #
2021/2199(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Expresses deep concern about destabilising and terrorist actions by certain countries, notably Iran, in the South Caucasus; strongly condemns any acts of terrorism; welcomes the security cooperation between the EU, its Member States and EaP countries and fully supports the further deepening of counter- terrorism cooperation;
Amendment 435 #
2021/2199(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission and the EEAS to increase the visibility of CSDP missions in the EaP by strengthening its strategic communication, by proactive countering disinformation against them, by including them in their political messaging, publicly accessible documents and engagements with the international press;
Amendment 438 #
2021/2199(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Underlines the crucial need to boost cooperation between the EU and EaP partners in the fields of strategic communication, fighting disinformation and information manipulation, as well as any malign foreign interferences; welcomes the work of the EEAS East Stratcom Task Force in this respect;
Amendment 441 #
2021/2199(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Stresses the need for the EU to boost its institutional capacities for conflict prevention, mediation, dialogue and de-escalation in the EaP region; underlines that the EU could play a stronger role in setting confidence- building measures and could further take part in reconciliation efforts;
Amendment 443 #
2021/2199(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25 c. Underlines the importance for the EU to promote the role of women and young people in peace building in the EaP region and to advance the Women, Peace and Security and the Youth, Peace and Security Agendas in the EaP region;
Amendment 444 #
2021/2199(INI)
Motion for a resolution
Paragraph 25 d (new)
Paragraph 25 d (new)
25 d. Welcomes the will expressed at the latest EaP summit in December 2021 to explore enhanced sectoral cooperation in the field of energy security with interested EaP associated partners; points to climate-security as an area of possible further cooperation between the EU and the EaP;
Amendment 446 #
2021/2199(INI)
Motion for a resolution
Paragraph 25 e (new)
Paragraph 25 e (new)
25 e. Asks the EEAS to also work on strengthening the training and capacity- building of our EaP partners in the field of arms control, disarmament and non- proliferation; praises the EU CBRN risk mitigation Centres of Excellence initiative in Tbilissi in this respect;
Amendment 447 #
2021/2199(INI)
Motion for a resolution
Paragraph 25 f (new)
Paragraph 25 f (new)
25 f. Calls on the Commission to increase the capacity-building of EaP partners in boosting the resilience of their critical entities, through common training activities and the sharing of best practices;
Amendment 448 #
2021/2199(INI)
Motion for a resolution
Paragraph 25 g (new)
Paragraph 25 g (new)
Amendment 10 #
2021/2183(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to its resolution of 7 October 2021 on the State of EU cyber defence capabilities,
Amendment 29 #
2021/2183(INI)
Motion for a resolution
Citation 29 a (new)
Citation 29 a (new)
— - having regard to the SOTEU 2020 and 2021 addresses and letters of intent,
Amendment 31 #
2021/2183(INI)
Motion for a resolution
Citation 29 b (new)
Citation 29 b (new)
— having regard to the United Nations Sustainable Development Goals, paying special attention to SDG 16 that aims to promote peaceful and inclusive societies for sustainable development,
Amendment 52 #
2021/2183(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that the EU is facing new threats, including hybrid threats, and has entered an age of “unpeace” characterized by hostile competition through hybrid warfare means such as cyber attacks, disinformation and foreign interferences, which have blurred the lines between war and peace, as well as increased militarisation around the world and a still unstable neighbourhood, both in the East and in the South;
Amendment 82 #
2021/2183(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 88 #
2021/2183(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the launch of the work on the Strategic Compass, which should be completed in March 2022; stresses that it is a beginning, not an end, and that it constitutes a major step towards a European Defence Union; stresses that a robust EU defence policy is needed for the EU to have the means to effectively work towards peace, human security, sustainable development and democracy;
Amendment 125 #
2021/2183(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the Strategic Compass must make it possible to strengthen the Union’s capacity to act as an increasingly credible strategic partner and a global actor for peace; stresses that this exercise must be regularly updated, must set out an ambitious and operational course – with a timetable for the implementation of decisions and monitoring mechanisms – and must enable the Union to have a coherent defence policy, a common strategic culture, a capacity to anticipate threats and provide a rapid and coordinated reaction and a capacity for autonomous resilience, to be able to mobilise resources on the basis of solidarity when a Member State is threatened and requests them, and ultimately to play a part inensure the protection of European citizens, interests and values;
Amendment 131 #
2021/2183(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines the crucial need to boost intelligence support for EU security and defence policy; underlines that the work of EU IntCen and EUMS INT is dependent on the willingness of Member States to share information: calls to increase its financial and technical resources; agrees with the analysis made by EC President SOTEU 2021 address that the EU needs to improve intelligence cooperation; welcomes the proposal to consider setting up an EU Joint Situational Awareness Centre, a crucial tool to improve strategic foresight and the EU strategic autonomy; calls for exploring the possibilities to set up an EU intelligence agency;
Amendment 139 #
2021/2183(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that the Union is currently deploying 11 civilian missions and six military missions and operations; recalls that only three of the military missions are executive missions; notes that these missions and operations are suffering the impact of the COVID-19 pandemic, which has limited their effectiveness; suggests that the budget, planning and equipment of EU CSDP missions and operations be assessed in the light of the lessons learnt from COVID-19;
Amendment 146 #
2021/2183(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the need for strategic reform in the Sahel considering the cyclical nature of the conflicts in the region, emphasises on a more political engagement with the governments supported by the EU to ensure more transparency, combat corruption, cultivate inclusivity and engage with citizens in an effort to curb the explosion of armed and ethnic conflicts;
Amendment 162 #
2021/2183(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores the actions of the coup leaders in Mali; is deeply concerned at the lack of essential state services in Mali and in the Sahel in general; expresses its deep concern at the deteriorating security in the region; notes the announcement of the reorganisation of French military action in the Sahel, in conjunction with ouwhich will have implications for international, European and African partners; welcomes the increasing involvement of European Member States’ armed forces in the Takuba Task Force; welcomes the adaptation of the new extended mandate of the European Union Training Mission in Mali (EUTM Mali) to the regionalisation process; calls on the Member States to make a significant contribution to EUTM Mali’s advisory activities;
Amendment 170 #
2021/2183(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that EUNAVFOR ATALANTA, EUCAP and EUTM Somalia form a coherent whole supporting the Union’s Strategic Framework for the Horn of Africa; welcomes the crucial role played by Operation ATALANTA in the fight against piracy and trafficking in the Horn of Africa, thereby successfully protecting World Programme Vessels; underlines the importance of the security- development-humanitarian nexus; calls on Member States to provide EUNAVFOR with the necessary assets to perform its crucial mandate;
Amendment 180 #
2021/2183(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the strategic importance for European interests ofof the Mozambique Channel; points to the need to consider enlarging the area of operation of EUNAVFOR Atalanta to the Mozambique Channel; welcomes the commitment of the Member States and the VP/HR to respond to the growing terrorist threat in the area; notwelcomes the forthcoming establishment of an EUTM;
Amendment 189 #
2021/2183(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Underlines the importance for the Union of sustainable stability, human security and prosperity in its neighbourhood;
Amendment 194 #
2021/2183(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the renewal of the Althea mission in 2020 and the refocusing of its mandate in support of the Bosnia- Herzegovina authorities in an effort to maintain a safe and secure environment; and the stability of the country; Recognises the important cooperation between the EU and NATO in the Western Balkans, notably through EUFOR Althea mission, which operation HQ is located at SHAPE thanks to the Berlin Plus Arrangement;
Amendment 204 #
2021/2183(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes with satisfaction the results of the European Union Monitoring Mission in Georgia (EUMM Georgia); approves its extension for a period of two years; stresses the need for further reflection on CSDP commitments in the area; is concerned about the deteriorating security situation in the region; denounces the increased ‘borderisation’ activities along the Administrative Boundary Line;
Amendment 207 #
2021/2183(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes that the Russian Federation military forces are still occupying large parts of Ukraine and Georgia in violation of international law; express concerns about Russia’s role in destabilising peace and security in the Eastern Partnership region; denounces the presence of Russian private military and security companies in African countries;
Amendment 220 #
2021/2183(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the launch of the CSDP operation in the Mediterranean, EUNAVFOR MED IRINI; stresses its key role whose core task ins the implementation of the arms embargo on Libya in accordance with UNSCR 2526 (2020); deplores the fact that, in 2020, it encountered many refusals to allow inspections; calls for a transparent communication from the European External Action Service (EEAS) on this issue; laments the fact that NATO, which is active in the area through Operation Sea Guardian, is unwilling to cooperateunderlines the need for effective collaboration, increased cohesion and sharing of information and resources with NATO's Operation Sea Guardian;
Amendment 252 #
2021/2183(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is deeply concerned about the low force generation for operations and missions, and urges the Member States to address this matter as soon as possible and give CSDP missions and operations the necessary personnel and capabilities to fulfil their mandates; considers that third- country participation in CSDP operations and missions must always be in line with European interests and values; calls on the EU to provide staff in missions and operations with appropriate equipment and training to become more alert and more resilient under less permissive conditions;
Amendment 271 #
2021/2183(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses the need for all the missions and in particular the military missions to have sunset provisions working with locals to build capacity within reasonable time with a view to allow a sustainable exit;
Amendment 273 #
2021/2183(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Calls for a more systematic implementation of UNSCR 1325 on Women, Peace and Security(WPS) and of UNSCR 2250 on Youth, Peace and Security (YPS), and for a strengthening of the EU’s WPS and YPS agenda; calls for meaningful gender mainstreaming in the formulation of the EU CSDP, notably via a better gender balance in the personnel and leadership of CSDP missions and operations and specific training of the personnel deployed;
Amendment 274 #
2021/2183(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
Amendment 287 #
2021/2183(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Is of the view that the valuable contribution of the armed forces during the COVID-19 pandemic has shown the importance of the use of Member States’ military assets and capabilities in support of the Union Civil Protection Mechanism; encourages the setting up of an EU emergency military unit, aimed at facilitating the cross-border use of military logistical capabilities to face emergencies, in order to allow for greater coordination, synergy and solidarity, in assistance to civil support operations;
Amendment 305 #
2021/2183(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Supports the ambitionHR/VP proposal of creating a ‘rapid entry force’; recalls the existence of battlegroups and the need to make them credible by conducting regular field exercises; deplores the Member States’ lack of commitment to the battlegroups; criticises the fact that only one, led by Italy, is operational in 2021; laments thereof the weakness of the planning for 2022 and 2023;
Amendment 321 #
2021/2183(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the establishment of the European Peace Facility (EPF) in 2020 and calls for it to be made operational swiftly with full respect for the Common Position, for Human rights and humanitarian law, and with effective transparency provisions; stresses that the requisite equipment and training must be delivered in the relevant theatres of operation; undertakes to ensure coherence and complementarity between CSDP missions and operations, the Union’s financial instruments (NDICI) and the EPF;
Amendment 330 #
2021/2183(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Welcomes the Climate Change and Defence Roadmap which sets concrete actions addressing the growingly relevant climate/security nexus;
Amendment 364 #
2021/2183(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Condemns the malicious acts committed against Member States; insists that the Union and the Member States react firmly and in coordination against any new malicious, illegal or destabilising activity; calls on the Union to work towards the creation of a legal instrument to respond to hybrid threats and to develop a comprehensive cyber capacity; calls for a revision of the cyber-defence policy framework in order to increase the prevention and deterrence capacity of the Union and its Member States; welcomes therefore the 2021 SOTEU announcement to set up a European cyber defence policy; welcomes the increased cooperation among Member States in the domain of cyber defence in the framework of the Permanent Structured Cooperation (PESCO), including Cyber Rapid Response Teams; recalls that the successful implementation of EU missions and operations is increasingly dependent on uninterrupted access to a secure cyberspace, and thus requires robust and resilient cyber operational capabilities, as well as adequate responses to attacks against military installations, missions and operations; calls for increased EU coordination as regards establishing collective attribution for malicious cyber incidents;
Amendment 375 #
2021/2183(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
Amendment 381 #
2021/2183(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. considers large-scale disinformation campaigns as a form of hybrid warfare; calls to have a wide-range EU disinformation toolbox, which would not only focus on enhancing Member States’ and stakeholders’ resilience to disinformation, put mandatary requirements onto social platforms and allow citizens’ to make informed decisions, but would also improve the EU’s ability to source and attribute massive disinformation and to sanction State and non-State actors launching it ;
Amendment 387 #
2021/2183(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls for the creation of a dedicated strategic autonomy Fund, to help build a stronger and more competitive European defence and security ecosystem and to streamline and further incentivize investments in critical sectors, such as cyber;
Amendment 396 #
2021/2183(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Union to develop a space defence strategy, which is essential for its strategic autonomy in space, in the areas of communication, navigation and intelligence; encourages the Union to improve its situational awareness and geo- intelligence support; stresses the importance of the Union having its own launchers; insists that the Union should lead the way in strengthening the increasingly contested area of international space law and to strive to prevent the weaponisation of space;
Amendment 404 #
2021/2183(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Notes the important work conducted by EU SatCen and underlines that the Union must have adequate resources in the fields of space imagery and intelligence-gathering, stresses that EU SatCen should benefit from structural Union funding to be able to maintain its contributions to the Union’s actions, notably in order to provide high- resolution satellite imaging in support of CSDP missions and operations;
Amendment 419 #
2021/2183(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls for existing Union instruments to be made operational so that they can contribute more effectively to preventing and countering hybrid threats and to protecting critical infrastructure and the functioning of our democratic institutions, as well as securing our supply chains;
Amendment 430 #
2021/2183(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Notes that the pandemic has exposed our vulnerabilities and; Notes that the EU did not have the full capacities and capabilities to ensure the safe and coordinated evacuation of its citizens from Afghanistan; calls, therefore, for a reduction in Europe’s strategic dependencies;
Amendment 448 #
2021/2183(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. LUnderlines that adequate levels of financial resources, personnel and assets are essential in order to ensure that the Union has the strength and the ability to promote peace and security within its borders and in the World; laments the reduction in the amount of the EDF under the MFF, which makes coherence between Union defence initiatives even more necessary; stresses, in this regard, the role of the European Defence Agency (EDA);
Amendment 469 #
2021/2183(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Recalls that third-country participation in individual PESCO projects must be decided on a case-by-case basis, when in the strategic interest of the Union, particularly when it comes to the provision of technical expertise or additional capabilities; welcomes the initial stages of military mobility and calls for subsequent stages to be implemented swiftly; approvwelcomes the participation of the United States, Norway and Canada in the military mobility project;
Amendment 485 #
2021/2183(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Stresses that the EDF must promote the build-up of European industrial sectors and European champions, and foster the competitiveness of SMEs, with multiannual programming, and take advantage of civilian-defence synergies;
Amendment 492 #
2021/2183(INI)
Motion for a resolution
Paragraph 38 – introductory part
Paragraph 38 – introductory part
38. Welcomes the fact that the PESCO strategic review has led to a reduction and more focus in the number of projects and an increase in its political monitoring; laments the fact that Parliament has been excluded from the monitoring of its implementation; considers that the Strategic Compass should aim to:
Amendment 509 #
2021/2183(INI)
Motion for a resolution
Paragraph 38 – indent 4
Paragraph 38 – indent 4
- focus on a small number of projects which are consistent with CSDP objectives, are operational and provide European added value, while respecting the inclusiveness nature of PESCO;
Amendment 515 #
2021/2183(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Stresses that the digital sector is an area of opportunity but also of significant threat of malicious action against our security and democracies (by state and non-state actors, and erasing the lines laid down in the law of armed conflict), and that it transcends borders; calls for particular attention to be paid to the impact of emerging technologies so as to ensure that they are applied and used throughout the Union, facilitate research and innovation and enhance the Union’s resilience, keeping in mind the need to control their use; calls for the EU to take the lead in global efforts to set up a comprehensive regulatory framework for the development and use of AI- enabled weapons; calls on the VP/HR, the Member States and the European Council to adopt a joint position on autonomous weapons systems that ensures meaningful human control over the critical functions of weapons systems; insists on the start of international negotiations on a legally binding instrument that would prohibit fully autonomous weapons;
Amendment 536 #
2021/2183(INI)
Motion for a resolution
Subheading 10
Subheading 10
Building stronger defence partnerships and supporting the autonomyresilience of partner countries
Amendment 537 #
2021/2183(INI)
Motion for a resolution
Subheading 11
Subheading 11
Defending multilateralism on arms control, disarmament and non-proliferation
Amendment 539 #
2021/2183(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Calls for support to be given to strengthening and preserving the conventional arms control architecture in Europe, in a context of gradual erosion marked by Russia’s withdrawal from the Treaty on Open Skies; calls for disarmament regimes and forums to be actively supported and strengthened in every aspect: universalisation, support for implementation, political and institutional support, and financial support; calls on the Union to pay particular attention to chemical, biological, radiological and nuclear (CBRN) risk, with particular emphasis on the prohibition regime and conventional obligations under the Chemical Weapons Convention (CWC) and the fight against impunity; welcomes the extension of the New START Treaty and laments the end of the Intermediate Nuclear Forces Treaty (INF); reaffirms its full support for the EU and its Member States’ commitment to the NPT as the cornerstone of the nuclear non- proliferation and disarmament regime; reiterates its calls for the adoption of concrete and effective measures during the 10thNPT Review Conference; insists on the need to ensure that the EU plays a strong and constructive role in developing and reinforcing the global rules-based non-proliferation efforts and arms control and disarmament architecture;
Amendment 551 #
2021/2183(INI)
Motion for a resolution
Subheading 12
Subheading 12
Strengthening dialogue, partnerships and cooperation on security and defence
Amendment 561 #
2021/2183(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Stresses that the Union should adopt a strategic approach to its partnerships based, in particular, on the defence of its interests and, strategic autonomy and values;
Amendment 579 #
2021/2183(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Regrets the little consultation and information of EU Allies on the Afghanistan withdrawal and on the AUKUS trilateral security pact; underlines these remind the EU once more of the urgent need to deliver on EU defence in order to ensure the EU ability to be a global player for peace;
Amendment 594 #
2021/2183(INI)
43. Calls for a stronger NATO supported by a stronger European Union, and wishes to see very tangible development in the EU-NATO partnership; calls, in this context, for NATO’s new strategic concept to be coherent with the EU’s Strategic Compass; expects the new EU-NATO Joint Declaration by the end of 2021;
Amendment 607 #
2021/2183(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls for even deeper cooperation with international organisations and in particular with the UN, including between CSDP missions and peacekeeping operations, especially on joint theatres; stresses the importance of cooperation with the Organisation for Security and Cooperation in Europe (OSCE) in the area of security;
Amendment 613 #
2021/2183(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Calls for closer relations with non- traditional partners in the Indo-Pacific region (India, Japan, Australia), and in specific policy sectors (cybersecurity, hybrid, maritime, arms control, etc.), and with the Association of Southeast Asian Nations (ASEAN) and with Latin American countries;
Amendment 635 #
2021/2183(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Laments the absence of a security and defence cooperation partnership between the UK and the EU on account of the British Government’s lack of interest, despite the assurances given in the political declaration; calls for a stronger partnership to be built with relevant African organisations, such as the African Union, the Economic Community of West African States (ECOWAS) and G5 SahelSouthern African Development Committee (SADC) and G5 Sahel also promoting a strengthened Parliamentary role in Africa through the Pan-African Parliament;
Amendment 645 #
2021/2183(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Calls for cooperation on training and capacity building with third countries weakened by conflicts or regional threats or targeted by malicious foreign interferences, especially in the Western Balkans and Eastern Partnership regions;
Amendment 652 #
2021/2183(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47a. urges the EU to enhance its institutional capacities for conflict prevention and mediation;
Amendment 653 #
2021/2183(INI)
Motion for a resolution
Paragraph 47 b (new)
Paragraph 47 b (new)
47b. Recognises the role of increased flow of illicit finances in tax havens and the risk they pose on increased militarisation and financing terrorist activities, worsening global instability; calls for more actions in curbing money laundering, and capacitating partners, especially in Africa and Latin America, with mechanisms to curb murky financial transactions including engagement of authorities in tax havens;
Amendment 661 #
2021/2183(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Calls on citizens to express their expectations as regards the CSDP architecture, peace, defence, security agenda and the role of the EU in the World in the course of the Conference on the Future of Europe; calls for the establishment of a fully-fledged Security and Defence Committee in the European Parliament and for the formalisation of an EU Council of Defence Ministers;
Amendment 668 #
2021/2183(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Points out that Parliament should be consulted in advance and duly informed on the planning, modification and possibility of ending CSDP missions; is determined to play its full role in scrutinising the Global Europe instrument, in particular its peace and security dimension, and in the implementation of the EDF;
Amendment 675 #
2021/2183(INI)
Motion for a resolution
Paragraph 51 a (new)
Paragraph 51 a (new)
51a. Stresses the need to develop ever- closer cooperation on CSDP matters with national parliaments in order to reinforce accountability and scrutiny and defence diplomacy;
Amendment 676 #
2021/2183(INI)
Motion for a resolution
Paragraph 51 b (new)
Paragraph 51 b (new)
51b. Underlines the importance of improving the tools available to civil society in order to ensure its meaningful involvement in the formulation and oversight of defence policy;
Amendment 677 #
2021/2183(INI)
Motion for a resolution
Paragraph 51 c (new)
Paragraph 51 c (new)
51c. Commends the vision and proposals the HR/VP put forward for EU defence and demands EU Member States to show the necessary political will to deliver on our joint level of ambition;
Amendment 3 #
2021/2181(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the UN Declaration on human rights defenders, adopted by consensus on 10 December 1998,
Amendment 6 #
2021/2181(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
— having regard to the UN SR Report on the exercise of the rights to freedom of peaceful assembly and of association in the digital age (A/HRC/41/41, 2019),
Amendment 7 #
2021/2181(INI)
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
— having regard to the info note of the UN Special Rapporteur Annalisa Ciampi on strategic litigation against public participations and rights to freedom of assembly and association,
Amendment 8 #
2021/2181(INI)
Motion for a resolution
Citation 13 c (new)
Citation 13 c (new)
— having regard to the UN report on the adverse effect of the surveillance industry on freedom of expression (A/HRC/41/35,2019),
Amendment 11 #
2021/2181(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard to the Council of Europe Commissioner for Human Rights ‘Human Rights Comment: Time to take action against SLAPPs’ issued on 27 October 2020,
Amendment 27 #
2021/2181(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
— having regard to the Commission communication of 12 September 2012 ‘The roots of democracy and sustainable development: Europe's engagement with Civil Society in external relations’ (COM (2012) 0492),
Amendment 28 #
2021/2181(INI)
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
— having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 8 April 2020 on the Global EU response to COVID-19,
Amendment 30 #
2021/2181(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
— having regard to its resolution of 3 July 2018 on violation of the rights of indigenous peoples in the world, including land grabbing,
Amendment 31 #
2021/2181(INI)
Motion for a resolution
Citation 23 b (new)
Citation 23 b (new)
— having regard to its resolution of 11 February 2021 on corporate due diligence and corporate accountability (2020/2129(INL)),
Amendment 32 #
2021/2181(INI)
Motion for a resolution
Citation 23 c (new)
Citation 23 c (new)
— having regard to its resolution of 19 May 2021 on the effects of climate change on human rights and the role of environmental defenders on this matter (2020/2134(INI)),
Amendment 33 #
2021/2181(INI)
Motion for a resolution
Citation 23 d (new)
Citation 23 d (new)
— having regard to its resolution of 23 October 2020 on Gender Equality in EU’s foreign and security policy (2019/2167(INI)),
Amendment 37 #
2021/2181(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
— having regard to the Council conclusions of 16 November 2015 on the EU’s support to transitional justice,
Amendment 38 #
2021/2181(INI)
Motion for a resolution
Citation 27 b (new)
Citation 27 b (new)
— having regard to the EU’s Policy Framework on support to transitional justice,
Amendment 39 #
2021/2181(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, as set out in Article 2 of the TEU; whereas no one shall be persecuted or harassed in any way for their involvement in activities to protect human rights or democracy; whereas silencing dissenting voices and curbing public participation and access to information have a direct impact on human rights and democracy;
Amendment 43 #
2021/2181(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 44 #
2021/2181(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas EU’s policies and actions concerning Human Rights protection and promotion in the world should keep moving forward towards a more assertive, decisive and effective action, employing all our instruments; whereas the EU should undertake an assessment of its Human Rights Toolbox with the aim of strengthening it and constantly explore the best ways for the EU to effectively act with concrete actions and employing the most adequate instruments to address Human Rights’ violations and abuses worldwide;
Amendment 49 #
2021/2181(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is extremely concerned by the challenges to human rights and democracy, resulting in the weakening of the protection of democratic institutions and of universal human rights, as well as the shrinking space for civil society, observed around the world; calls for the EU and its Member States to make stronger efforts to address the challenges to human rights, both individually and in cooperation with like- minded international partners; calls on the EU and its Members States to act a truly global leader in the promotion and the protection of human rights, gender equality, and the rule of law, and to strongly stand up against any attack to the principles of universality, inalienability, indivisibility, interdependence and interrelatedness of the human rights.
Amendment 69 #
2021/2181(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is deeply concerned by increasing number of illiberal democracies and autocratic regimes, which are in the majority for the first time in 20 years; calls for the EU and the Member States to make full use of the tools at their disposal to support good governance, rule of law, democratic institutions and enabling space for civil society worldwide;
Amendment 76 #
2021/2181(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the importance of the EU’s support to mediation and electoral processes through its assistance to domestic observers and through the election observations missions, in which Parliament plays an active role; stresses the importance of providing the highest level of protection for local electoral observers and calls for enquiring about possible EU action in this respect; highlights the need for effective follow-up to the missions’ reports and recommendations, in order to strengthen democratic standards and facilitate future peaceful democratic transitions in the countries concerned; recalls Parliament’s political mediation tools, which could be developed further to help in this overall approach; calls for the EU to closely collaborate with domestic and international organizations such as the OSCE, the Council of Europe and the endorsing organizations of the Declaration of Principles for international election observation;
Amendment 77 #
2021/2181(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the importance of the EU’s support to mediation and electoral processes through its assistance to domestic observers and through the election observations missions, in which Parliament plays an active role; stresses the importance of providing the highest level of protection for domestic electoral observers; highlights the need for effective follow-up to the missions’ reports and recommendations, in order to strengthen democratic standards and facilitate future peaceful democratic transitions in the countries concerned; recalls Parliament’s political mediation tools, which could be developed further to help in this overall approach; urges the EU to develop a closer and more ambitious international cooperation on election observation jointly with all relevant partners such as the OSCE, the Council of Europe and the endorsing organisations of the Declaration of Principles for International Election Observation;
Amendment 95 #
2021/2181(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the contribution of the EU Special Representative for Human Rights (EUSR) to defending and advancing human rights in the world; underlines the EUSR’s important role in enhancing the effectiveness of the EU’s human rights policies through engagement with third countries, cooperation with like-minded partners to advance the human rights agenda and increasing the internal and external coherence of the EU’s policies in the field;
Amendment 102 #
2021/2181(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the visibility and mandate of the EUSR’s role should be enhanced in order to have a meaningful impact on human rights; underlines that the EUSR has a flexible mandate which could be adapted to evolving circumstances; is of the opinion that the EUSR’s position could be made more effective by enhancing communication activities and developing a more public profile through, inter alia, the publication of public statements in support of human rights activists at risk, including Sakharov Prize laureates and finalists, and of human rights defenders imprisoned for long periods, thereby helping to protect their physical integrity and their essential work;
Amendment 114 #
2021/2181(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that all civil society actors, in particular independent civil society organisations, trade unions, community- led organisations and human rights defenders, have a vital role to play in the dialogues, in terms of providing input both to the dialogues and to evaluation of their outcomes; underlines that such organisations should therefore be consulted within the framework of official and informal dialogues, as well as exploratory talks; calls on the EEAS and the Commission to improve communication and transparency with regard to civil society organisations; to this end, calls on the EEAS and the Commission to appoint human rights focal points at the geographical divisions of their headquarters;
Amendment 120 #
2021/2181(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that 2020 marked the 75th anniversary of the United Nations, an essential universal forum for international consensus-building on peace and security, sustainable development and respect for human rights and international law; calls for the EU and its Member States to maintain their vital support to the UN and to continue their efforts to speak with one voice in the UN and other multilateral forums; calls on Member States to make the EU’s foreign and security policy more effective by using the rule of qualified majority voting in the Council, especially in relation to human rights-related matters and for the adoption of sanctions; stresses that the challenges to the universal enjoyment of human rights call for even stronger multilateralism and international cooperation; highlights the vital role of UN bodies as the forum for advancing peace, conflict resolution and the protection of human rights, and welcomes the UN Secretary-General’s Call to Action on Human Rights;
Amendment 124 #
2021/2181(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Condemns the increase in attempts to undermine the functioning of the UN’s bodies, in particular the Human Rights Council, and to obstruct the rules-based international order; strongly condemns all attacks against Special Procedure mandate holders and against the independence of their mandates; calls on the EU Member States and the EU’s democratic partners to decisively counter these attempts and to strengthen their response to serious violations of international human rights; highlights the need for an adequate funding of all UN human rights bodies including the treaty bodies and calls on the UN Secretary- General to provide appropriate resources from the regular budget and on EU member states to increase their voluntary contributions; stresses that state sovereignty cannot be used as a pretext to avoid human rights monitoring by the international community since, according to the Founding Charter of the United Nations and UN General Assembly resolution 60/251, all states, regardless of their political, economic and cultural systems, have the duty and the responsibility to promote and protect all human rights and fundamental freedoms for all, and the UN Human Rights Council should address situations of violations of human rights;
Amendment 127 #
2021/2181(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Condemns the increase in attempts to undermine the functioning of the UN’s bodies, in particular the Human Rights Council, and to obstruct the rules-based international order; urges to reinvigorate UN bodies and make them more capable of making decisions, ensuring also the consistency and agility of its implementation; calls on the EU Member States and the EU’s democratic partners to decisively counter these attempts and to strengthen their response to serious violations of international human rights; stresses that state sovereignty cannot be used as a pretext to avoid human rights monitoring by the international community since, according to the Founding Charter of the United Nations and UN General Assembly resolution 60/251, all states, regardless of their political, economic and cultural systems, have the duty and the responsibility to promote and protect all human rights and fundamental freedoms for all, and the UN Human Rights Council should address situations of violations of human rights;
Amendment 139 #
2021/2181(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Reiterates its call in favour of actions aimed at combating impunity and to promote accountability in countries where the dynamics of impunity reward those who bear the greatest responsibility and disempower victims, through the implementation of the Pilot Project on the European Observatory on Prevention, Accountability, and Combating Impunity, adopted by the EP and the Council, also by following the request in the previous Annual Reports on the human rights and democracy in the world and the European Union’s policy on the matter;
Amendment 145 #
2021/2181(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recognises the important role played by human rights defenders in responding to COVID-19 by taking on a multitude of new roles in addition to their everyday human rights work, but also the significant and disproportionate risks they faced, particularly more marginalised human rights defenders; notes with concern that around the world, governments used the pandemic as a mean to specifically target human rights defenders by refusing to release imprisoned human rights defenders, prolonging their incommunicado detention, restricting prison visits to jailed human rights defenders, sentencing human rights defenders on trumped-up charges in closed-door hearings;
Amendment 162 #
2021/2181(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is seriously concerned at the precarious situation of human rights defenders and deplores the fact that they are the victims of increasing violence, including targeted killings; praises the important work undertaken by all human rights defenders around the world, sometimes at the highest of costs, and takes this opportunity to acknowledge the contribution of all human rights defenders to the human rights movement; underlines the particularly severe situation, further aggravated by COVID-19, of female, environmental, labour, environmental and indigenous human rights defenders; deplores the increased use of techniques such as harassment, criminalisation and defamation campaigns, arbitrary arrests and unlimited detention in inhumane conditions used to silence human rights defenders, often on the basis of ill- defined terrorism charges; reiterates its call to EU Delegations and Member States’ embassies in third countries to regularly visit activists in prison, monitor their trials and advocate their access to justice and protection;
Amendment 173 #
2021/2181(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Deems urgent that a EU-wide scheme for issuing short-term visas for the temporary relocation of human rights defenders be implemented, in particular through the inclusion of instructions in the EU Visa Handbook and amending the legal instruments on visas, particularly the Visa Code; deplores the little progress on this issue over the past year and alerts that the current situation in Afghanistan must be a wake-up call on the need to urgently revisit, in a meaningful way, a more coordinated EU policy regarding the issuing of emergency visas for human rights defenders;
Amendment 178 #
2021/2181(INI)
Motion for a resolution
Subheading 8 a (new)
Subheading 8 a (new)
Freedoms of Expression, Peaceful Assembly and Association
Amendment 179 #
2021/2181(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses that recent findings, such as the NSO Pegasus scandal, confirm that spying of human rights defenders and journalists, among others, is extremely alarming, and seems to confirm the dangers in the misuse of surveillance technology to undermine human rights; calls for promoting a safe and open space and building the capacity of CSOs, NGOs, HRDs, journalists and other concerned individuals to protect themselves from government cyber surveillance and interference, and promote stronger national and international regulation in this area;
Amendment 180 #
2021/2181(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Expresses its serious concern about the particular restrictions of freedoms of expression, peaceful assembly and association, including the widespread use of counter-terrorism laws and policies to silence civil society and human rights defenders; reiterates the specific challenges to freedom of opinion and expression and their link to freedom of information, including access to independent and reliable information; condemns the raise of legal harassment and restrictive legislations as forms to silence critical voices such as through strategic lawsuits against public participation (SLAPPs) and criminalisation of defamation on and offline;
Amendment 181 #
2021/2181(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
Amendment 182 #
2021/2181(INI)
Motion for a resolution
Paragraph 21 d (new)
Paragraph 21 d (new)
21d. Condemns the increased misuse of legislative, police power or security measures to restrict the right to protest; calls to ensure the right of peaceful assembly is protected online and offline, especially when those who assemble protests are voices of dissent;
Amendment 197 #
2021/2181(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Highlights the interdependence between human rights, a healthy environment biodiversity and combating climate change, and welcomes the UN’s call for global recognition of the right to a safe, clean, healthy and sustainable environment; underlines the vital role played by environmental human rights defenders and local and indigenous populations in preserving such an environment, despite the threats of violence that they often face from those responsible for, and profiting from, environmentally harmful practices; encourages the EU and the Member States to promote the recognition of ecocide as an international crime under the Rome Statute of the ICC, and requests that the Commission study the relevance of ecocide to EU law and EU diplomacy; recommends that the scope of the serious human rights violations covered by the EU Global Human Rights Sanctions Regime be extended to include environmental crimes;
Amendment 201 #
2021/2181(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Stresses that indigenous peoples have often been the first victims of deforestation, which endangers their rights to land, among other rights, and access to vital resources; underlines, in this regard, the right to determine and establish priorities and strategies for their self-development and for the use of their lands, territories and other resources; recalls that impunity for violations of the rights of indigenous peoples is a driving force in deforestation and therefore deems accountability for these violations to be essential;
Amendment 202 #
2021/2181(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Reiterates its call on the Union and its Member States to strengthen the linkage between human rights and the environment throughout their external action, and to use all instruments at their disposal to effectively support and protect human and environmental rights defenders;
Amendment 230 #
2021/2181(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Reminds that child rights have no boundaries and calls for a systematic and coherent approach to promote and defend children’s rights inside and outside Europe, in line with the UN Convention on the Rights of the Child (UNCRC) and the 2030 Agenda;
Amendment 236 #
2021/2181(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on the EU to mainstream children’s rights and children protection in all EU external policy, including in the context of Human Rights Dialogues, international and trade agreements, the Instrument of Pre-accession (IPA III) and the Neighbourhood, Development and International Cooperation Instrument (NDICI);
Amendment 237 #
2021/2181(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Calls for the setting up of a mechanism to track all the EU interventions that are relevant for children, including those in non-social sectors such as trade, digital, environment, and security, to ensure that a do-no-harm approach to child rights is fully implemented;
Amendment 243 #
2021/2181(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates its strong condemnation of discrimination, xenophobia, intolerance, persecution and killings linked to race, ethnicity, nationality, social class, disability, caste, religion, belief, age, sexual orientation and gender identity that continue to be a major problem in many countries; Stresses that the COVID-19 pandemic has highlighted even more the profoundly disproportionate impact of racial discrimination, xenophobia and related intolerance; welcomes the launch of the EU’s anti-racism action plan 2020– 2025, which recognises not only the individual and social dimensions, but also the structural nature of this phenomenon; stresses that in spite of 20 years of work since the signing of Durban Declaration and Programme of Action in 2001, racism, discrimination, xenophobia and related intolerance continue to be a scourge around the world and calls for a zero-tolerance approach to them; calls on governments, regional organizations, civil society and other stakeholders to redouble their efforts to effectively implement the Declaration and to develop and implement action plans to combat racism, racial discrimination, xenophobia and related intolerance;
Amendment 244 #
2021/2181(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates its strong condemnation of discrimination, xenophobia, intolerance, persecution and killings linked to race, ethnicity, nationality, social class, disability, caste, religion, belief, age, sexual orientation and gender identity that continue to be a major problem in many countries; welcomes the launch of the EU’s anti-racism action plan 2020–2025, which recognises not only the individual and social dimensions, but also the structural nature of this phenomenon; stresses that in spite of 20 years of work since the signing of Durban Declaration and Programme of Action in 2001, racism, discrimination, xenophobia and related intolerance continue to be a scourge around the world and calls for a zero-tolerance approach to them; calls the EU to organize a Global Anti-Racism Summit on combating global racism and discrimination in collaboration with like-minded partners and international organization such as the OSCE, UN, the African Union, the OAS and the CoE;
Amendment 248 #
2021/2181(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Regrets the fact that indigenous peoples continue to face widespread and systematic discrimination and persecution worldwide, including forced displacements, arbitrary arrests and the killing of human rights and land defenders; Reiterates the call for the EU, its Member States and their partners in the international community to adopt all necessary measures for the recognition, protection and promotion of the rights of indigenous peoples, including to their language, lands, territories and resources; welcomes the work that civil society and NGOs are doing on these issues; recalls its decision to appoint a standing rapporteur on indigenous peoples within Parliament, with the objective of monitoring the human rights-related situation of indigenous peoples; calls on countries to ratify the provisions of ILO Convention 169 of 27 June 1989 on Indigenous and Tribal Peoples;
Amendment 256 #
2021/2181(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Underlines the difficult situation, discrimination and threats to life faced by lesbian, gay, bisexual, trans, non-binary, intersex and queer (LGBTIQ) people around the world; calls on the EU to play a leading role in defending the rights of LGBTIQ people in international fora, including working towards the decriminalisation of sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC) and the elimination of intersex genital mutilation (IGM), so-called “conversion therapy” and the forced sterilisation of trans people; welcomes the fact that the LGBTIQ Equality Strategy 2020–2025 includes the EU’s commitment to include LGBTIQ issues in all its external policies, including support under the NDICI – Global Europe Instrument and Instrument for Pre-Accession funds;
Amendment 258 #
2021/2181(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Acknowledges that LGBTIQ+ rights defenders and sex worker rights defenders faced increased physical, economic, legal and psychological risks during COVID-19 as they took on additional emergency roles to protect their communities and as state responses to the pandemic have exacerbated existing systems of classed, gendered, raced and sexualized injustice; deplores the use of COVID-19 as an excuse to crackdown on LGBTIQ+ defenders around the world through conducting raids on human rights defenders homes, mass arrests at the offices of LGBTIQ+ rights organisations, eviction from family homes, closure of human rights defender- run medical clinics, sexual harassment and detention of transgender human rights defenders at security check points established to limit social movement, homophobic and transphobic defamation portraying LGBTIQ+ rights defenders as spreaders of COVID-19;
Amendment 267 #
2021/2181(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Fully supports the right to freedom of thought, conscience and religion, to hold a belief, or not to believe, and the right to manifest and to change or leave one’s religion or belief without fear of violence, persecution, or discrimination; deplores the persecution suffered by minorities on the grounds of belief or religion in many places in the world; condemns the abuse of blasphemy laws to perpetuate discrimination and deplores the use of religion and religious institutions to the detriment of human rights through the persecution, including by legal means, of belief or religious minorities, women and LGBTIQ persons; reiterates its condemnation of any attempt by authorities or governments to deny or interfere in the choice of religious or belief leaders;
Amendment 269 #
2021/2181(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Calls on the Council, the Commission, EEAS and EU Member States to work with third countries for the adoption of measures to prevent and fight hate crime, and for the adoption of legislation that is fully compliant with international standards on the freedom of expression and the freedom of thought, conscience, religion or belief;
Amendment 275 #
2021/2181(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30b. Underlines the importance of civil society initiatives in ensuring the right to freedom of thought, conscience, religion or belief, and in promoting a multi- layered holistic approach that encompass human rights, conflict resolution, development, and interfaith and interreligious initiatives;
Amendment 285 #
2021/2181(INI)
Motion for a resolution
Subheading 14 b (new)
Subheading 14 b (new)
Right to participate in free and fair elections
Amendment 287 #
2021/2181(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30b. Strongly condemns the loss of democratic values in several third countries and the cases of electoral integrity challenges throughout excessive violence performed by public authorities, the misuse of administrative resources by governing parties, clampdowns on political opponents, censorship and threats to independent media, increased disinformation, among other issues of equal concern; urges the EU to target and counter this extremely worrisome situation and come forward with concrete and effective proposals, reaffirming its willingness to take a leadership role on promoting human rights, democratic values and free and fair elections in third countries;
Amendment 288 #
2021/2181(INI)
Motion for a resolution
Paragraph 30 c (new)
Paragraph 30 c (new)
30c. Deplores that authoritarian and illiberal regimes move away from the path of mature democracies, universal human rights and democratic standards, creating a false impression of legitimacy by means of fake electoral processes that are neither free nor fair or transparent; calls the EU and Member States to strengthen the Union’s promotion of “democratic resilience” in third countries with all the instruments at their disposal;
Amendment 289 #
2021/2181(INI)
Motion for a resolution
Paragraph 30 d (new)
Paragraph 30 d (new)
30d. Calls to establish the protection of democratic and electoral processes as a main global human right concern, and for the development of an effective framework for responses to interferences of all nature in electoral processes, collaborating closely with international organizations such as the OSCE;
Amendment 292 #
2021/2181(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Considers that corruption also constitutes a major violation of human rights and that the EU and its Member States must address it as such in their external action by applying the highest transparency standards to their funding to third countries, as well as by supporting anti-corruption civil society organisations, journalists and whistle-blowers; reiterates its concern over the use of SLAPPs to silence journalists, activists, whistle- blowers and human rights defenders who investigate and expose corruption;
Amendment 295 #
2021/2181(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls for addressing the impunity for grand corruption as a priority because of its grave negative impact on human rights, including through the creation of a European Observatory on the fight against impunity;
Amendment 296 #
2021/2181(INI)
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Underlines the need to develop principles and work for an internationally recognised legal definition of grand corruption, including its systemic nature, as a crime in national and international law;
Amendment 297 #
2021/2181(INI)
Motion for a resolution
Paragraph 31 c (new)
Paragraph 31 c (new)
Amendment 305 #
2021/2181(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes the adoption of the EU Global Human Rights Sanctions Regime (EU GHRSR-EU Magnitsky Act) as an essential addition to the EU’s human rights and foreign policy toolbox, which strengthens the EU’s role as a global human rights actor by allowing it to take restrictive measures against legal and natural persons involved in grave human rights violations in the world; indicates that the application of the EU Global Human Rights Sanctions Regime does not prevent or exclude the adoption of other EU’s instruments for Human Rights’ protection, thus these can be combined and complementary; condemns any arbitrary and unjustified retaliatory restrictive measures imposed on the EU or other entities as a response to the EU’s decisions under the EU GHRSR-EU Magnitsky Act; regrets the fact that the Council has decided to apply unanimity instead of qualified majority voting when adopting sanctions on human rights issues;
Amendment 306 #
2021/2181(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes the adoption of the EU Global Human Rights Sanctions Regime (EU GHRSR-EU Magnitsky Act) as an essential addition to the EU’s human rights and foreign policy toolbox, which strengthens the EU’s role as a global human rights actor by allowing it to take restrictive measures against legal and natural persons involved in grave human rights violations in the world; condemns any arbitrary and unjustified retaliatory restrictive measures imposed on the EU or other entities as a response to the EU’s decisions under the EU GHRSR-EU Magnitsky Act; regrets the fact that the Council has decided to apply unanimity insteadvoting and reiterates its call for the introduction of qualified majority voting when adopting sanctions on human rights issues;
Amendment 319 #
2021/2181(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls for the extension of the scope of the EU GHRSR-EU Magnitsky Act to include acts of corruption in order to ensure the effective targeting of the economic and financial enablers of human rights abusers; stresses the need for an effective strategy to implement the EU GHRSR-EU Magnitsky Act, consistent both with the EU’s other external policies, in particular with its human rights policies, and with the existing international frameworks on sanctions, international criminal law and international humanitarian law; welcomes the Commission’s announcement that in 2021, it will conduct a review of practices undermining sanctions and of the existing reporting obligations for Member States on their implementation and enforcement;
Amendment 327 #
2021/2181(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Reaffirms the inalienable human rights of migrants and refugee, refugees and forcibly displaced persons, and calls for the EU and its Member States to fully uphold them in their cooperation with third countries, both in terms of the establishment of high legal standards and, equally importantly, their operationalisation in order to ensure the effective protection of these rights in practice; recalls that the EU and its Member States, in their external and extraterritorial actions, agreements and cooperation in the areas of migration, borders and asylum, shall respect and protect human rights, notably those enshrined in the Charter of Fundamental Rights, including the right to life, liberty, and the right to asylum, notably the individual assessment of asylum applications; reiterates its call on the Commission to carry out a review of the human rights impact of migration policy frameworks and of the EU’s cooperation on migration with third countries; underlines the risks related to informal arrangements on return and readmission, which are not subject to judicial scrutiny and therefore do not allow for effective redress for human rights violations suffered by migrants and asylum seekers; reiterates its call on the Commission to ensure a transparent ex ante risk assessments, performed by independent EU-bodies and experts on the impact of any formal, informal or financial EU cooperation with third countries on the rights of migrants, refugees, and forcibly displaced persons;
Amendment 339 #
2021/2181(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Calls on partner countries and international organisations for the implementation of legal frameworks and to increase the efforts of reinforced cooperation on what relates to migrant smuggling, ensuring the protection of migrants and the prevention of exploitation of migrants; recalls in this regard that state smuggling of migrants should also be sanctioned;
Amendment 342 #
2021/2181(INI)
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35b. Reiterates its call for the establishment of a coordinated European approach in order to support and ensure a prompt and effective identification processes of those who died on their way to the EU;
Amendment 347 #
2021/2181(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Reiterates that the EU and its Member States should actively support the UN Secretary-General’s and UN Security Council’s appeal for a global ceasefire, including through effective measures against illicit arms trade and enhancing the transparency and accountability of Member States' arms exports; deplores the fact that the COVID-19 pandemic and its effects have increased political violence, intensified competition between armed groups and exacerbated long-simmering tensions, while leaving victims more unprotected; expresses grave concern about the increase in conflict- related sexual violence in this context, despite 2020 being the 20th anniversary of UN Security Council resolution 1325 on women, peace and security;
Amendment 350 #
2021/2181(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Stresses the multi-faceted threat to the enjoyment of human rights brought about by modern armed conflicts, which, in addition to states, often involve non-state agents and terrorist organisations; reiterates its call for the EU to strengthen its response to conflicts, for which the Union should fully develop and be able to autonomously implement its own instruments, also in collaboration with partner countries and regional organisations, including a strong focus on conflict prevention, mediation and good offices efforts, addressing the root causes of the conflicts, humanitarian aid, providing the necessary support to the international peacebuilding and peacekeeping missions, as well as EU missions in the framework of the common security and defence policy, and post- conflict reconstruction operations supporting and applying strong integration and scrutiny of human rights and a robust gender perspective;
Amendment 362 #
Amendment 363 #
2021/2181(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Calls for the promotion transitional justice processes that empower civil society, victims, marginalised and vulnerable populations, women, children and youth, rural and urban residents; encourages the creation of links between permanent structures such as national justice systems and national institutions or networks for atrocity prevention and transitional justice's initiatives; stresses the need to provide the tools, space and access to information to victims and affected communities.
Amendment 364 #
Amendment 367 #
2021/2181(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Emphasises that the EU has a unique opportunity to exert leverage on businesses to uphold human rights at global level with the upcoming EU binding legislation on corporate due diligence and corporate accountability, obliging companies to prevent, identify, communicate, account for and effective remedy potential and/or actual adverse impacts on human rights, the environment and good governance inthroughout their value chain and provide for access to justice for victims and corporate liability regimes; calls for the strategylegislation to apply to all large undertakings governed by the law of a Member State, established in the territory of the Union or operating in the internal market, as well as publicly listed small and medium-sized companies; stresses the need to establish and enforce administrative controls and sanctions to make the legislation effective; calls for companies’ due diligence strategiesthe introduction of civil liability for harm caused or that a company has contributed to by failing to perform due diligence; calls for companies’ due diligence strategies to be defined and implemented through meaningful and regular consultation with stakeholders, including workers, workers representatives, trade unions, human rights defenders, local communities including vulnerable ones such as Dalits, indigenous groups, migrant workers, informal workers and home workers and to be made public; welcomes the full entry into force in 2020 of the EU Conflict Minerals Regulation and the EU Taxonomy Regulation as constructive steps in this field;
Amendment 370 #
2021/2181(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40a. Reiterates that 69% of human rights defenders killed around the world were engaged in the protection of their land and the environment and the defence of the rights of indigenous peoples, often in the context of business, and emphasises the evermore crucial need, expressed by human rights defenders, for the EU to implement mandatory human rights due diligence legislation for companies;
Amendment 373 #
2021/2181(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Notes that 2021 is the 10th anniversary of the UN Guiding Principles on Business and Human Rights, a genuine framework whose guidelines, in particular those in the third pillar focused on access to remedy and respect for human rights defenders, provides an essential framework to cooperate with third countries on prevention, as well as on access to judicial and non-judicial complaint and redress mechanisms for victims; calls for the EU and its Member States to continue to play an active role in the ongoing negotiations for a UN Binding Treaty on Business and Human Rights, as a means to help secure a level playing field for EU companiestresses the importance for all countries to fully implement the UN Guiding Principles on Business and Human Rights, and calls on those EU Member States that have not yet adopted national action plans on business rights to do so as soon as possible; Stresses the need to establish an international binding instrument to regulate, in international human rights law, the activities of transnational corporations and other companies; encourages the EU and its Member States to participate constructively in the work of the UN Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises with Respect to Human Rights; considers this to be a necessary step forward in the promotion and protection of human rights;
Amendment 374 #
2021/2181(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Reaffirms the need to create a grievance mechanism to lodge complaints regarding violations and abuses of indigenous peoples’ rights resulting from the activities of multinational businesses; recommends that the EU and its Member States include references to indigenous peoples and the rights contained in the UN Declaration on the Rights of Indigenous Peoples in the relevant and emerging frameworks for due diligence, and ensure that multinational companies be held to account in the event of a breach of their obligations;
Amendment 380 #
2021/2181(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Reiterates its call for the systematic inclusion of human rights clauses in all international agreements between the EU and non-EU countries, including free trade agreements and standalone investment protection agreements; calls for a better use of these clauses, including by the setting of dedicated monitoring and problem solving mechanisms; calls for these clauses to be enforced through clear benchmarks and to be monitored, with the involvement of Parliament, civil society and the relevant international organisations; underlines that the establishment of specific benchmarks could lead the EU to explore the introduction of proportionality into sanctions for non-compliance; underlines that breaches of agreements should trigger clear consequences, including, as a last resort, suspension or the withdrawal of the EU from the agreement; recommendscalls for the inclusion of monitoring mechanisms on human rights in all trade and foreign investment agreements, as well as complaints mechanisms, in order to ensure effective recourse to remedy for affected citizens and local stakeholders; calls that no trade or investment agreement be negotiated without enforceable human rights clauses;
Amendment 381 #
2021/2181(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Reiterates its call for the systematic inclusion of human rights clauses in all international agreements between the EU and non-EU countries; calls for these clauses to be enforced through clear benchmarks and to be monitored, with the involvement of Parliament, civil society and the relevant international organisations; underlines that the establishment of specific benchmarks could lead the EU to explore the introduction of proportionality into sanctions for non-compliance; underlines that breaches of agreements should trigger clear consequences, including, as a last resort, suspension or the withdrawal of the EU from the agreement for the most severe cases of human rights violations; recommends the inclusion of monitoring mechanisms on human rights in trade and foreign investment agreements, as well as complaints mechanisms, in order to ensure effective recourse to remedy for affected citizens and local stakeholders;
Amendment 388 #
2021/2181(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Underlines the strong link between trade and human rights and the incentivising role played by access to trade on upholding human rights conditionality for third countries; notes the ongoing review of the GSP+ Regulation, which is an opportunity to further strengthen this link; underlines that access to GSP+ is contingent on respect to international conventions and progress in the area of human rights and calls for the strict application of conditionality to partner countries including, if warranted, the swift revocation of GSP+ status;
Amendment 389 #
2021/2181(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Stresses the need for continued engagement and dialogue between the EU and all stakeholders - in particular civil society organizations and trade unions- in beneficiary countries, as well as further improvement of transparency and monitoring in order to ensure the GSP scheme fulfils its objective of sustainable development and good governance;
Amendment 390 #
2021/2181(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Underlines the important role played by digital technologies, particularly during the COVID-19 pandemic; stresses that these technologies will continue to be implemented around the world in the post- pandemic period and that that they should be appropriately regulated to leverage their strength while avoiding their negative effects on human rights; in particular, stresses the importance of effective safeguards to the right to privacy and data protection in the health-related systems of mass surveillance, and of their proportionate use which should also be limited in time; stresses the evident risks of surveillance techniques to be used against human rights defenders, journalists, civil society and others in particular as they represent a serious obstacle to the defence of human rights, a risk to privacy and freedom of expression, and a serious threat to democratic institutions;
Amendment 393 #
2021/2181(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Strongly condemns the misuse of surveillance technology to monitor, intimidate and silence human rights defenders, journalists, among others, seriously undermining human rights; calls to urgently adopt robust regulations worldwide to guarantee the use of these technologies in compliance with international human rights standards and pending that, to adopt a moratorium on its sale, transfer and use, as well as to guarantee transparency on its use and that developing and trading companies comply with due diligence standards and upcoming EU legislation;
Amendment 395 #
2021/2181(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Notes the benefits brought about by the increased use of artificial intelligence, but stresses that the technologies must be developed, deployed and used in conformity with human rights, adopting a human rights based approach and under meaningful human supervision, in full transparency and ensuring accountability and non-discrimination, in particular to avoid both bias in automated decisions and data protection violations;
Amendment 397 #
2021/2181(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Stresses the vital role of social platforms in advancing freedom of expression and of organisation, but underlines the need for proper safeguards to prevent, on the one hand, the unjustified censorshiplimitation, curation or manipulation of users’ content, including automated censorship, and, on the other, the spread of hate speech, fake news and disinformation, disinformation and intentional harmful content; calls the EU to propose ways to facilitate the human rights defenders work online and the recognition that debate on human rights should be promoted and protected in any circumstances; welcomes the adoption of the new EU rules on the control of exports, brokering, technical assistance, transit and transfer of dual-use technologies;
Amendment 405 #
2021/2181(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Reiterates its strong opposition to the death penalty in view of its cruel and irreversible nature and calls for the EU to intensify its efforts to advocate universal abolition; underlines that a positive trend emerged in 2020 towards a moratorium on executions with a view to fully abolishing the death penalty, with 123 states voting in favour of the UN General Assembly’s resolution on this matter; is extremely concerned, however, about the dramatic increase in executions in certain countries; urges the EU and its Member States to defend abolition in all international forums and advocate for the widest possible support for this position;
Amendment 406 #
2021/2181(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Deplores the fact that torture and inhuman or degrading treatment continue to be widespread in many countries and calls for the EU to strengthen its efforts aimed at eradicating these practices, while supporting victims and promoting mechanisms to hold perpetrators accountable; urges all Member States and other countries which have not done so to ratify the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its optional Protocol (OPCAT); recognises the importance of civil society organisations and HRDs in the fight against torture and other forms of ill-treatment;
Amendment 4 #
2021/2180(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the judgments of the CJEU on 16 February 2022 in cases C-156/21 Hungary v Parliament and Council and C-157/21 Poland v Parliament and Council on the measures for the protection of the Union budget,
Amendment 15 #
2021/2180(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that important elements of Parliament’s resolutions of 25 October 2016 and of 7 October 2020 on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights are still missing, in particular the panel of independent experts, widening the scope of the monitoring to include all values set out under Article 2 of the Treaty on European Union (TEU), and the negotiation of an interinstitutional agreement for the establishment of an annual monitoring cycle; invites the Commission to better integrate the EU Justice Scoreboard in the annual rule of law report and to include in the next editions an assessment of how the right to a fair trial is guaranteed in Member States, with particular attention paid to the right of defence, the protection of victims of crimes, the fight against impunity, equality between prosecution and defence parties, and the length of court proceedings; calls on the Commission to also include in its next annual reports an evaluation of prison conditions, judicial backlogs, and the average duration of trials in all Member States;
Amendment 22 #
2021/2180(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
— having regard to its resolution of 13 November 2020 on the impact of COVID-19 measures on democracy, the rule of law and fundamental rights,
Amendment 27 #
2021/2180(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the inclusion of an overview per Member State of all enforcement actions related to the rule of law undertaken by the Commission, including pending infringement proceedings, as well as the state of compliance with Court of Justice of the European Union and European Court of Human Rights rulings, feeding into a comprehensive Application of EU Law Scoreboard;
Amendment 30 #
2021/2180(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to conclude each country chapter with a ‘traffic light’ assessment of the fulfilment of the conditions of the Rule of Law Conditionality Regulation (Regulation (EU, Euratom) 2020/2092); situation in each Member State with regards to the four pillars analysed by the Report and, more broadly, of each Member State’s compliance with the values enshrined in Article 2 TEU; believes that such a ‘traffic light’ system could be useful to connect the annual report to the EU’s instruments to prevent and counter violations of the rule of law and, for example, to evaluate whether the conditions to activate the Rule of Law Conditionality Regulation (Regulation (EU, Euratom) 2020/2092) are fulfilled; regrets that the Commission has not yet made full-use of this tool and asks the Commission to fully and proactively enforce it without delay with regard to all EU funds and programmes; recalls the Advocate General’s Opinions on Cases C- 156/21 and C-157/21, according to which the regime of conditionality was adopted on an appropriate legal basis, is compatible with Article 7 TEU and respects the principle of legal certainty;1a _________________ 1a Advocate General’s Opinion in Case C- 156/21 and Case C-157/21 Hungary v Parliament and Council; Poland v Parliament and Council
Amendment 35 #
2021/2180(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. WBelcomes Commission proposalsieves that the report should go beyond monitoring and include country- specific recommendations regarding preventive and corrective actions that must be adopted by the Member States concerned, with a clear outline of enforcement measures and concrete proposals to tackle violations in the case of non-compliance; takes note, to this end, of the President of the European Commission’s commitment to include country-specific recommendations as of 2022,2a as per Parliament’s resolution of 25 October 2016; calls on the Commission to monitor and report on their implementation; _________________ 2a 2021 State of the Union Address by President Ursula von der Leyen, 15 September 2021
Amendment 59 #
2021/2180(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Council to discuss the report in all transparency and engage in dialogue with the European Parliament; calls on the European Council, too, to discuss the findings of the report, as the values of Article 2 TEU are a matter to be addressed at the highest political level; notes with concern that the failure to apply Article 7 TEU enables continued divergence from the values enshrined in Article 2 TEU and weakens one of the most important instruments of the Union’s rule of law toolbox; welcomes therefore the hearings and general discussion respectively held at the General Affairs Council meetings of 22 June 2021 and 14 December 2021, and takes note of the French presidency’s commitment to hold formal hearings in the first half of 2022; underlines, however, that unanimity is not required to vote on Council recommendations nor to determine whether there is a clear risk of a serious breach by a Member State of Article 2 TEU values, and urges the presidency of the Council to take the appropriate steps to move forward with the ongoing procedures under Article 7(1) TEU; reiterates, finally, its call for Parliament to be able to present its reasoned proposal to the Council, to attend hearings, in particular when Parliament has initiated the procedure, and to be kept promptly and fully informed at every stage, including its respective parliamentary committees involved in the procedure.
Amendment 89 #
2021/2180(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, in certain Member States, journalists are increasingly subject to threats and attacks, in particular when investigating crime and corruption; whereas independence of media from political interference continues to be under threat in several Member States, including through the use of spyware tools by certain Member States to target journalists, opposition politicians and activists; whereas these unacceptable developments may have a chilling effect on the freedom of speech and freedom of the press and may not be allowed to set precedent both within the EU and towards EU candidate and potential candidate countries;
Amendment 139 #
2021/2180(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes with satisfaction that the report contains country-specific chapters; commends the Commission’s efforts to engage with national governments and national parliaments, as well as civil society and other national actors; encourages the Commission to devote greater efforts to deepening the analysis, and invites the Commission to ensure proper resources for that; believes that more time should be devoted to the Commission’s country visits, including on site; takes note of the country-specific discussions under the framework of the Commission’s annual rule of law report during each Council Presidency; suggests to focus these discussions on the Member States with the most pressing rule of law issues to be discussed in the first place, instead of in alphabetical order; emphasises that increased transparency would enhance the rule of law dialogue within the EU and therefore invites the Council to make these country-specific discussions public, including detailed public conclusions;
Amendment 191 #
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; stresses that internal rule of law deficiencies may have a detrimental effect on the credibility of the EU’s foreign policy, in particular towards its immediate neighbourhood and candidates and potential candidates for EU membership;
Amendment 196 #
2021/2180(INI)
8. Commends the effort of the 2021 report to compare the situation with that of the 2020 report; believes that it is necessary to identify clearly positive and negative trends as regards the rule of law situation and provide an analysis of the underlying reasons for that; invites the Commission to include an assessment of all rule of law measures implemented in the previous year, accompanied by an analysis of their effectiveness and possible avenues for improvement;
Amendment 200 #
2021/2180(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the 2021 report could have provided clearer assessments, stating whether there were deficiencies, a risk of a serious breach or an actual breach of Article 2 TEU values in each of the pillars analysed in the country chapters; calls for a more integrated analysis on the interlinkages between the four pillars and of how combined deficiencies may amount to breaches or risks of a breach; emphasises that the annual Commission report should not merely be a description of previous events, but instead an analytical and prescriptive instrument in order to fulfil its preventive and mitigative purposes;
Amendment 207 #
2021/2180(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Commission’s intention to include country-specific recommendations in the 2022 report; calls on the Commission to accompany such recommendations with binding deadlines for implementation, targets and concrete actions to be taken; calls on the Commission to include in subsequent reports indications on the implementation of its recommendations; and, in addition, to submit a mid-year evaluation report on the progress made in this regard to the Parliament;
Amendment 218 #
2021/2180(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends that the Commission indicate next to each of its recommendations the appropriate tools for the EU institutions to use if the shortcomings are not remedied; calls on the Commission not to hesitate in using those tools, especially when there is no trust in a quick implementation of the recommendations or a risk of further deterioration;
Amendment 226 #
2021/2180(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets the fact that both the 2020 and the 2021 reports fails to fully encompass the Article 2 TEU values of democracy and fundamental rights, which are immediately affected when countries start backsliding on the rule of law; reiterates the intrinsic link between the rule of law, democracy and fundamental rights;
Amendment 228 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Reaffirms the fact that EU law has primacy over national law, regardless of the way in which national justice systems are organised; deplores the serious and structural problems regarding judicial independence in certain Member States; invites the Commission to include strong binding recommendations in its 2022 report in order to ensure the independence of the judiciary in any EU Member State;
Amendment 232 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Recalls that media freedom and plurality are essential to democracy; is alarmed by the increasingly hostile environment in which media are operating inside many EU Member States, characterised by a high amount of violent incidents and threats against journalists, oppressive strategies by EU governments such as the use of strategic lawsuits against public participation (SLAPPs) and smear campaigns, and increasing state control over public media; stresses that the COVID-19 pandemic has further exacerbated challenges already faced by media operators; regrets that the 2021 report does not reflect the gravity of these trends, especially related to state control, strategic lawsuits and smear campaigns by certain EU Member States; urges the Commission to improve the media related chapters in this regard, to introduce EU legislation against the use of SLAPPs establishing minimum standards and to present an ambitious legal framework to counter the growing politicisation of the media in certain Member States in the upcoming Media Freedom Act; calls on the Commission to explore possibilities for additional and more flexible funding for independent, investigative journalism in the EU;
Amendment 235 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Stresses that media freedom is closely related to artistic and academic freedom; underlines that the independence of education systems is under threat when the autonomous organisational structure of its institutions is not secured; calls, therefore, on the Commission to include all aspects of freedom of expression in its rule of law report;
Amendment 236 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Welcomes the fact that many EU Member States are among the world’s best performers in the fight against corruption according to the 2020 Corruption Perception Index, as mentioned by the Commission report; is, however, deeply worried by the fact that there is significant difference among the individual Member States with the best performing ones placed at first place and the worst performing ones ranked at 78th place; regrets the strong deterioration observed in some other Member States and the continued emergence of corruption cases involving high level officials; reiterates that the existence of national anti-corruption strategies can only be considered successful once their implementation has been effectively carried out; recalls the need to establish a regulatory framework that allows for a definition of the crime of corruption that is uniform and shared at European level; urges the Commission to update and enhance the EU anticorruption policy and instruments and ensure the proper implementation and enforcement, in order to provide for commons standards and benchmarks as a precondition for strengthening the mutual trust and sincere cooperation; reminds the importance for EU Member States to engage with EPPO and support actively its tasks;
Amendment 237 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12e. Underlines that fair and free elections are among the absolute minimum standards for a functioning democracy and that every election process in the EU should be without any irregularities; urges the Commission to take all measures necessary once the risk of manipulation of elections in an EU Member State is identified; stresses that in case of the observation by the OSCE that elections have not taken place in a fair and free manner, strong consequences must be attached to this under the Article 7 Procedure;
Amendment 252 #
2021/2180(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Expresses particular concern about continued and systematic attacks on the fundamental rights of LGBTI+ persons, reinforced by the deterioration of the rule of law in several EU Member States; regrets that this development is not consistently reflected in the Commission’s rule of law report; calls on the Commission to systematically address this issue in all relevant country reports and the synthesis report;
Amendment 255 #
2021/2180(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Recalls the strong impact of measures related to the COVID-19 pandemic on the EU’s rule of law environment and fundamental rights, in particular in the area of justice, corruption and media freedom; stresses that monitoring of the use and proportionality of these measures should be continued until all measures are lifted without any exceptions; notes in this regard the risk of misuse of funds out of the EU Recovery and Resilience Facility; reiterates that these funds can only be distributed once these concerns have been fully addressed;
Amendment 264 #
2021/2180(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to strengthen the regular, inclusive and structured dialogue with governments and national parliaments, NGOs, national human rights institutions, ombudspersons, equality bodies, professional associations and other stakeholders; calls on the Commission to organise the consultation of stakeholders through a transparent process, based on clear criteria; considers that civil society organisations should be closely involved in all phases of the review cycle; highlights that thematically structured consultations would make the process more efficient and increase the amount of valuable feedback; stresses that the consultation questionnaire should allow stakeholders to report aspects beyond the scope envisaged by the Commission;
Amendment 274 #
2021/2180(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that the time limits for consultation with civil society is often too short and should be suitably adapted and flexible in order to allow for complete and comprehensive input; points out that this has made it more difficult for stakeholders to prepare and plan their contributions and awareness-raising activities, in particular if the consultation coincides with winter holidays; invites the Commission to introduce the opportunity of year-round consultation for civil society instead of focusing mainly on time-limited calls for input; calls on the Commission to allow multilingual submissions; notes that consultation can be improved by ensuring follow-up with civil society actors on the input they provide;
Amendment 307 #
2021/2180(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Strongly condemns EU Member States refusing to engage in the annual Rule of Law dialogue; considers this refusal to be enough for the Commission to accelerate and refine further the situation in these countries concerned;
Amendment 321 #
2021/2180(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls its position regarding the involvement of a panel of independent experts to advise the three institutions, in close cooperation with the FRA; asks its Bureau, in light of the reluctancecalls ofn the Commission and the Council, to organise a public procurement procedure in order to create such a panel under the auspices of Parliament as a first step, in order to advise Parliament on compliance with Article 2 TEU values in different Member Statesto add their input as an annex to the report and include a justification of how these inputs were included in the annual report;
Amendment 334 #
2021/2180(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reiterates that the annual report should serve as a basis for deciding whether to activate one or several relevant tools such as Article 7 TEU, the Rule of Law Conditionality Regulation, the Rule of Law Framework or infringement procedures, including expedited procedures, applications for interim measures before the CJEU and actions regarding non-implementation of CJEU judgments; calls on the Commission to explicitly link these instruments to identified or possible rule of law issues in the report; calls on the institutions to activate such tools without delay;
Amendment 356 #
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; recalls that the applicability, purpose and scope of the Regulation are clearly defined and do not need to be supported by further explanations; condemns the Commission’s intention to still draft guidelines even after the CJEU ruling confirming the legality and validity of the Regulation; calls on the Commission to explore the full potential of the Common Provisions Regulation and the Financial Regulation to protect the rule law;
Amendment 370 #
2021/2180(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Strongly regrets the inability of the Council to make meaningful progress in ongoing Article 7(1) TEU procedures; urges the Council to ensure that hearings take place on a regular basisat minimum once per Presidency and also address new developments; reiterates its call on the Council affecting rule of law, democracy and fundamental rights; emphasises that there is no need for unanimity in the Council in order to identify a clear risk of a serious breach of EU values under Art. 7(1), neither to address concrete recommendations to the Member States in question, and to provide deadlines for the implementation of those recommendations; reiterates its call on the Council to do so; insists that Parliament’s role and competences be respected;
Amendment 21 #
2021/2064(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti- Personnel Mines and on their Destruction of 18 September 1997,
Amendment 22 #
2021/2064(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
— having regard to the Cluster Munitions Convention of 30 May 2008,
Amendment 24 #
2021/2064(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to the UN Convention on the Rights of the Child of 20 November 1989,
Amendment 26 #
2021/2064(INI)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
— having regard to the African Charter on the Rights and Welfare of the Child of 1 July 1990,
Amendment 28 #
2021/2064(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
— having regard to the UN Human Rights Council resolution establishing an Independent Fact-Finding mission on Libya of 22 June 2020 and the one extending its mandate for 9 months of 8 July 2022,
Amendment 48 #
2021/2064(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the situation Libya has further deteriorated since the indefinite postponement of the elections at the end of 2021, deepening the political deadlock and division in the country; whereas this postponement disappointed the more than 2.8 million Libyan citizens who had registered to vote, and in particular the young electorate, and risks contributing to further diminishing trust in the public institutions;
Amendment 53 #
2021/2064(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the country still lacks, despite the recent UN- facilitated talks between the Libyan House of Representatives and High State Council legislative bodies in Cairo and Geneva led to an unprecedented level of consensus on several long-standing issues, including on the distribution of seats for the two legislative chambers, the distribution of power among different executive authorities and the delineation of provinces, they could not lead to an agreement on a widely shared constitution and electoral legal framework;
Amendment 58 #
2021/2064(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the long term instability has been a significant factor in the resurgence of military confrontations, as well as of demonstrations across the country and in the entire region;
Amendment 73 #
2021/2064(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas recently there have been attempts by Libyan senior military figures to re-establish a unified Libyan army;
Amendment 83 #
2021/2064(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a comprehensive security sector reform is critical to preventing future human rights violations, strengthening the rule of law and guaranteeing political stability;
Amendment 86 #
2021/2064(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the significant presence of landmines and unexploded ordnances, in addition to resulting in the loss of human life, represents a serious obstacle to the economic and social recovery of the country;
Amendment 90 #
2021/2064(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the Libyan economy heavily relies on the oil sector; whereas oil production has been often instrumentalised by different actors, that have repeatedly shut down oil facilities for political purposes;
Amendment 92 #
2021/2064(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas the months’ long partial shutdown of Libya’s oil facilities that started in April 2022 has had significant repercussions beyond Libyan borders and contributed to further rising energy prices already high due to the Russian invasion of Ukraine;
Amendment 93 #
2021/2064(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the EU has been developing a renewed partnership with the Southern Neighbourhood that focuses on human development, good governance and the rule of law, resilience, prosperity and the digital transition, peace and security, migration and mobility, as well as the green transition, climate resilience, energy and the environment;
Amendment 99 #
2021/2064(INI)
Motion for a resolution
Recital J
Recital J
J. whereas in recent months, there has been a worrying shrinking of civic space; whereas many political activists, human rights defenders and journalist characterised by increasingly draconian laws and regulations; whereas many political activists, human rights defenders, humanitarian personnel, journalists, magistrates and lawyers have been threatened, abducted, arbitrarily detained, tortured and killed; whereas the lack of a functioningn autonomous and independent justice system means thatdoes not allow victims of human rights violations are not able to pursue legal remedies;
Amendment 104 #
2021/2064(INI)
Motion for a resolution
Recital K
Recital K
K. whereas migrants, refugees and asylum seekers often becomare victims of traffickers and are subjected to violence,widespread and systematic human rights violations such as arbitrary arrest, detention, extortion, enslavement, kidnapping for blackmail and exploitation;
Amendment 113 #
2021/2064(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas thousands of people have lost their lives in the attempt to cross the Mediterranean to reach Europe; whereas people intercepted by the Libyan Coast Guard and disembarked after rescue at sea are often placed in immigration detention and subject to human rights violations;
Amendment 119 #
2021/2064(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
K b. whereas there are still more than 160,000 internally displaced people that lack sufficient protection and assistance;
Amendment 120 #
2021/2064(INI)
K c. whereas women and children are disproportionately affected by the ongoing conflict and are at high risk of exploitation, trafficking, sexual and gender-based violence and unlawful detention;
Amendment 121 #
2021/2064(INI)
Motion for a resolution
Recital K d (new)
Recital K d (new)
K d. whereas sexual and gender-based violence is widespread and fuelled by impunity; whereas survivors of sexual violence often marginalised and stigmatised by their families and communities; whereas the domestic legal framework does not properly provide for the protection of survivors of sexual violence;
Amendment 122 #
2021/2064(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the report of the UN Independent Fact- Finding Mission on Libya concluded that the abuses and inhumane acts committed in Libya may constitute crimes against humanity and war crimein its reports that it has reasonable grounds to believe that crimes against humanity and war crimes have and are still being committed in Libya; whereas on 8 July 2022 the United Nation Human Rights Council renewed the mandate of the mission for a final, non-extendable period of nine months to present its concluding recommendations;
Amendment 150 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point b
Paragraph 1 – point b
(b) continue to cooperate closely with UNSMIL and actively support the renewal of its mandatea substantial prolongation of its mandate beyond 31 October 2022 in order to effectively contribute to the constitutional process and the organisation of elections, implement the ceasefire, monitor human rights issues and offer technical assistance to the Libyan institutions; stress that, given the current political impasse, the continuation of UN- backed negotiations on a roadmap for free, fair and credible elections remains vital; evaluate the feasibility of the deployment of an EU electoral observation mission to monitor the electoral process;
Amendment 175 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point e
Paragraph 1 – point e
(e) increase support to the Libyan authorities for the establishment a unified Libyan army and for the implementation of a comprehensive security sector reform and in the area of disarmament, demobilisation and reintegration policies for armed groups;
Amendment 178 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point e a (new)
Paragraph 1 – point e a (new)
(e a) urge Libyan authorities to accede to the Anti-Personnel Mine Ban Convention and the Cluster Munitions Convention; allocate adequate EU funds to projects aimed at removing landmines and other unexploded ordnances, at providing mine risk education and at supporting mine victims, in order to prevent future accidents and enable sustainable economic and social development;
Amendment 185 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point f a (new)
Paragraph 1 – point f a (new)
(f a) consider the imposition of additional targeted restrictive measures, including through the use of the EU Global Human Rights Sanctions Regime, on persons and entities whose actions caused serious violations of human rights and freedoms and threaten the rule of law;
Amendment 191 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point g
Paragraph 1 – point g
(g) call upon all actors to refrain from using oil as an instrument of political confrontation and step up efforts within the EWG to call on the Libyan authorities to ensure fair, inclusive and sustainable redistribution of oil revenues by pursuing a vision of shared economic prosperity for all people in the country;
Amendment 193 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point g a (new)
Paragraph 1 – point g a (new)
(g a) support Libya’s economic institutions, reinforce the country’s economic governance, and promote economic diversification;
Amendment 194 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point g b (new)
Paragraph 1 – point g b (new)
(g b) provide Libyan authorities with the necessary technical assistance to support Libya in its transition to a sustainable and climate-neutral economy in order to limit the risks posed by climate change that are severely affecting the country, in line with the external dimension of the European Green Deal and the Paris Agreement;
Amendment 195 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point g c (new)
Paragraph 1 – point g c (new)
(g c) ensure that all EU and Member States’ bilateral agreements or measures of cooperation with Libya are consistent with international and EU laws;
Amendment 205 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point h
Paragraph 1 – point h
(h) support the valuable work of the EU Border Assistance Mission in Libya and the European Union Naval Force Mediterranean operation Irini, two common security and defence policy (CSDP) missions, in contributing to sustainable peace, security and stability, in particular through their support for the implementation of the arms embargo imposed on Libya by the UN Security Council; renew, if necessary, the mandate of these two common security and defence policy missions in order to contribute to improving the security conditions on the ground, including by preventing terrorists, human traffickers and armed groups from carrying out cross-border activities; guarantee that all activities carried out or facilitated by these two missions respect human rights and are in line with international and EU laws, in particular the principle of non-refoulement; conduct and provide Parliament with regular human rights impact assessments of all their activities; ensure that any support to the Libyan Coast Guard is conditional to the respect of international and EU law;
Amendment 210 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point h a (new)
Paragraph 1 – point h a (new)
(h a) ensure adequate resources for search and rescue responses (SAR) along the central Mediterranean Sea route, including proactive maritime and aerial patrolling by the EU and its Member States, and support SAR operations carried out by private commercial or humanitarian vessels; ensure that all SAR activities are in line with international law and effectively guarantee the full protection of people’s life and dignity;
Amendment 216 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point i
Paragraph 1 – point i
(i) mobilise adequate EU funds under the Neighbourhood, Development and International Cooperation Instrument to support Libyan democratisation efforts and projects aimed at strengthening the rule of law and good governance, improving Libya’s public service delivery capacities, supporting decentralisation efforts, fostering stabilisation in the country, supporting civil society organisations, strengthening social inclusion and fighting inequalities, promoting gender equality and the empowerment of women and young people, strengthening Libya’s health system, fighting climate change and promoting the concept of human security and inclusive, equitable and sustainable growth; technically assist these projects and ensure their implementation by international institutions and non-governmental organisations with experience operating in Libya; ; ensure that these projects are in line with the priorities of the New Agenda for the Mediterranean and the UN 2030 Agenda;
Amendment 225 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point i a (new)
Paragraph 1 – point i a (new)
(i a) continue to provide humanitarian assistance to Libya, with a special focus on the most vulnerable groups;
Amendment 227 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point j
Paragraph 1 – point j
(j) urge the Libyan authorities to lift restrictions on civil society organisations that continue to put up serious obstacles to the freedom of expression, association and the right to peaceful assembly, as guaranteed also by the International Covenant on Civil and Political Rights, which Libya has ratified; urge the Libyan authorities to repeal Decree n° 286,which restricts the ability of civil society actors to carry out their activities; urge the Libyan authorities to stop criminalising fundamental freedoms using vaguely-worded articles of the Libyan Penal Code such as Article206 and 207, that foresee the death penalty; urge Libyan authorities to immediately release all people unjustly detained under these charges;
Amendment 233 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point j a (new)
Paragraph 1 – point j a (new)
(j a) call on the Libyan authorities to introduce a moratorium on the use of the death penalty, with the objective of ultimately abolishing it;
Amendment 234 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point j b (new)
Paragraph 1 – point j b (new)
(j b) call on the Libyan authorities to enhance women’s full representation and participation, and protect women and girls from all forms of violence; support initiatives aimed at developing a National Action Plan on Women, Peace and Security, in line with the UN Security Council Resolution 1325;
Amendment 235 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point j c (new)
Paragraph 1 – point j c (new)
(j c) urge the Libyan authorities to develop and adopt measures to end and prevent violations against children, and to comply with Libya’s obligations to promote and protect the rights of children, with particular regard to the obligations under the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child;
Amendment 236 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point j d (new)
Paragraph 1 – point j d (new)
(j d) urge the Libyan authorities to eliminate discriminatory laws and practices against members of religious and ethnic minorities;
Amendment 237 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point j e (new)
Paragraph 1 – point j e (new)
(j e) assist the Libyan authorities in ensuring the voluntary, safe and dignified return of IDPs to their homes and support all the relevant stakeholders providing humanitarian assistance to IDPs and returnees, including access to safe drinking water, sanitation, basic health care, education and protection services;
Amendment 238 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point j f (new)
Paragraph 1 – point j f (new)
(j f) continue to provide assistance and funds to local communities, in particular the marginalised ones, in order to foster sustainable economic development, social cohesion and human security; further develop partnerships with Libyan municipalities and support them to strengthen their system of local governance and provide essential services, including but not limited to education and health care;
Amendment 239 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point k
Paragraph 1 – point k
(k) urge the Libyan authorities to ensure migrants, refugees and asylum seekers are protected and guarantee full, safe and unhindered access to disembarkation points and detention centres for humanitarian organisations providing essential assistance to these vulnerable categories of people; encourage the Libyan authorities to lift visa restrictions for all international humanitarian personnel regardless of nationality; provide these humanitarian actors with adequate financial resources to ensure an effective humanitarian response within the detention centres and in urban areas;
Amendment 244 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point k a (new)
Paragraph 1 – point k a (new)
(k a) encourage the Libyan authorities to sign and ratify the Geneva Convention on Refugees of 1951, and offer support for the implementation of its accompanying measures;
Amendment 245 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point l
Paragraph 1 – point l
(l) urge the Libyan authorities to end arbitrary immigration detention and introduce human rights-based alternatives to detention, inter alia by closing immigration detention centres and opening reception centres, developing screening and referral mechanisms and offering community housing options; to this end, actively support and fund initiatives to amend the Libyan legislative framework on migration and asylum to align it with international law and internationally recognised standards and principles;
Amendment 250 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point l a (new)
Paragraph 1 – point l a (new)
Amendment 273 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point n
Paragraph 1 – point n
(n) create new safe and legal pathways for migration to the EU, including by opening newincreasing the capacities of the Emergency Transit Mechanisms, replicating the existing good practice of the humanitarian corridors to EU Members States and increasing Member States’ resettlement pledges through the Emergency Transit Mechanisms;
Amendment 286 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point o
Paragraph 1 – point o
(o) actively support the, if needed, an additional renewal of the UN Independent Fact-Finding Mission on Libya and the implementation of the recommendations included in its reports;
Amendment 295 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point o a (new)
Paragraph 1 – point o a (new)
(o a) continue to support the International Criminal Court’s mandate on Libya and its efforts to bring perpetrators of atrocity crimes to justice;
Amendment 8 #
2021/2025(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s first ever Rule of Law Report as a positive addition to the EU’s toolbox to monitor, prevent and address rule of law issues in Member States;
Amendment 17 #
2021/2025(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the Commission’s report is a response to the Council’s failure to trigger the procedure under Article 7(1) of the Treaty on European Union (TEU), as requested by the Commission in 2017 and Parliament in 2018; regrets that the Council has failed to resume hearings under Article 7 of the TEU since December 2019; notes that the failure to apply Article 7 of the TEU, also due to the requirement of unanimity for the sanctions mechanism, enables continued divergence from the values enshrined in Article 2 of the TEUinvites, therefore, the Council to resume hearings under Article 7 of the TEU as soon as possible and to determine whether there is a clear risk of a serious breach by the two Member States concerned of the values referred to in Article 2 of the TEU; reaffirms the role of Parliament, in accordance with Article 7 of the TEU, in monitoring compliance with Union values; reiterates its call for Parliament to be able to present its reasoned proposal to the Council, to attend Article 7 hearings when it is Parliament that initiated the procedure, and to be kept promptly and fully informed at every stage of the procedure; notes that the failure to apply Article 7 of the TEU, also due to the requirement of unanimity for the sanctions mechanism, enables continued divergence from the values enshrined in Article 2 of the TEU; believes that a stocktaking exercise on the effectiveness of Article 7 of the TEU is urgently needed and calls on the Commission in the next editions of the Report to include an evaluation of its implementation;
Amendment 25 #
2021/2025(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the methodology of the report, which focuses on foura few pillars: independence of the judiciary, the anti- corruption framework, media pluralism, and checks and balances; insists on the fundamental role that judicial independence plays in the protection of the values and legal order of the EU; recalls that national judges are judges of EU law and have obligations with regard to its interpretation and application, and that judicial independence is the foundation upon which mutual trust and judicial cooperation are built; invites the Commission to include in the next editions an assessment of how the right to a fair trial is guaranteed in Member States, with particular attention paid to the right of defence, the protection of victims of crimes and equality between prosecution and defence parties; believes that clear distinctions should be made in the report between single cases and systemic cases of violations of the values enshrined in Article 2 of the TEU; believes furthermore that the report should go beyond monitoring and include preventive and corrective elements with a clear outline of enforcement measures; and concrete proposals to tackle violations;
Amendment 51 #
2021/2025(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls that the accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms is a legal obligation provided for under Article 6(2) TEU; reiterates the need for a swift conclusion of the accession process in order to ensure a consistent framework for human rights protection throughout Europe and to further strengthen the protection of fundamental rights and freedoms within the Union; calls therefore on the Commission to step up efforts to fully implement the Treaties and conclude the accession process without undue delay;
Amendment 53 #
2021/2025(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Underlines that both the European Democracy Action Plan and the revision of the strategy for the implementation of the Charter of Fundamental Rights should further contribute to protect and enforce EU values;
Amendment 57 #
2021/2025(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 62 #
2021/2025(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls to address at the Conference on the Future of Europe the need to facilitate the procedures for the application of article 7 TEU, in particular in voting for the application of sanctions and ending unanimity decision making within the European Council.
Amendment 2 #
2021/2018(INI)
Motion for a resolution
Citation 2
Citation 2
— having regard to Article 224 and Article 325 of the Treaty on the Functioning of the European Union,
Amendment 22 #
2021/2018(INI)
Motion for a resolution
Recital E
Recital E
E. whereas European political parties and foundations can play a role in promoting European policies on neighbouring countries under the common foreign and security policy and as part of the external relations of the Union; whereas they should therefore be open to membership by parties or individuals from these countries and be allowed to receive contributions from them, provided that full transparency and compliance with Article 325 TFEU and the Union’s rules regarding the fight against fraud and corruption is ensured;
Amendment 29 #
2021/2018(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes, however, that a number of practical difficultiesadministrative and political obstacles are still preventing European parties and foundations from achieving their full potential as active and visible players in European democracy both at European level as well as in the Member States;
Amendment 36 #
2021/2018(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the importance of the registration of European political parties and foundations, since it requires compliance with all its conditions, including respect for shared Union fundamental values, and makes eligibility for funding from the Union budget conditional upon such compliance, as well as the need to ensure full transparency;
Amendment 41 #
2021/2018(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the reinforcement of the provisions on monitoring respect by European political parties and foundations for the shared fundamental values of the Union and for the procedure for dealing with infringements, including sanctions and recovery of funds;
Amendment 45 #
2021/2018(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the current system for verifying respect for rules on the use of contributions and grants is too cumbersome and needs to be improved in terms of efficiency and speed;
Amendment 49 #
2021/2018(INI)
8 a. Underlines that the funding of EU political parties and foundations must be transparent, subject to Article 325 TFEU, not open to abuse, and exclusively support political programmes and activities in line with the founding principles of the Union expressed in Article 2 TEU;
Amendment 55 #
2021/2018(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Underlines the need for a definition of Members in order to have legal certainty on the different types of Membership, their relationship with the European Political Party they adhere to and the requirements they have to meet including the proven respect of the shared values of the European Union;
Amendment 60 #
2021/2018(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Regrets that the narrow interpretation of the definition of members of a European political party established by case law does not sufficiently recognise the need for flexibility in the internal organisation of European political parties, especially as regards associate members, including those from former Member States and third countries; is concerned that this narrow interpretation has the effect of preventing, for no good reason, European political parties from receiving financial contributions from such members;
Amendment 64 #
2021/2018(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Underlines that there is a great imbalance between the amount European Political Parties receive as donations and the amount they receive as contributions that might increase their dependency on external donators;
Amendment 70 #
2021/2018(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Underlines that the compliance of registered Members with all the conditions European Political Parties have to meet, including the respect for the Union’ shared values, should be ensured by thoroughly controlled procedures before the membership is confirmed as well as during the legislative mandate, considers it essential to allocate appropriate staff to the Authority, so as to ensure that this control is implemented using effective procedures;
Amendment 71 #
2021/2018(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Points out that the APPF has limited powers with regard to verifying whether a registered party or foundation is in breach of the EU’s shared values and has never triggered the complex values compliance procedure thus far; calls for the strengthening of the current administrative set-up of the APPF in order to be able to better monitor the compliance with relevant rules and the implementation of sanctions, as well as to ensure its complete autonomy and neutrality;
Amendment 73 #
2021/2018(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Underlines the importance to introduce a specific procedure for the non-compliance with EU shared values applicable for European political parties and to their national members;
Amendment 78 #
2021/2018(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Considers that the establishment of a One-stop-shop to assess requests made from European political parties using a specific application form for the joint organisation and co-financing of activities on European issues directly related to the functioning and implementation of the Union’s legal framework within a maximum period of 2 months would considerably increase the number of activities organised by European Political Parties and strengthen their perception and visibility in the Member States;
Amendment 80 #
2021/2018(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Considers that the introduction of the One-stop-shop using standard procedures should facilitate the administrative burden put on European Political Parties and reduce unnecessary redtape. The One-stop-shop should be composed with the necessary staff to be able to effectively and efficiently carry out its duties and meet the deadlines;
Amendment 84 #
2021/2018(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the prohibition on financing referendum campaigns to be lifted and proposes to allow European Political parties financing referendum campaigns that are directly related to the implementation of the TEU or TFEU and comply with the Union’s basic principles and shared values, if they are linked to European issues;
Amendment 93 #
2021/2018(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls for the opening of individual membership of European political parties to all Union citizens to provide for amore inclusive representation of political parties active at the European level;
Amendment 95 #
2021/2018(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Considers that the total amount of donations European Political Parties receive should not exceed 20% of the amount they receive as contributions from national Member Parties with a view to limit a potential dependency on external donators;
Amendment 101 #
2021/2018(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Supports the creation of further categories of revenue, in order to cover all sources of income of political parties rather than just contributions and donations; this should in any case provide for the possibility for parties to generate income through publication sales, participation fees for conferences and workshops;
Amendment 108 #
2021/2018(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Is in favour ofAdvocates to increasinge the transparency of the financing of European political parties and foundations by creating an obligation for the European Parliament to publish the annual financial statements it receives;
Amendment 110 #
2021/2018(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Underlines that the information covering the registration and financial situation of European political parties and foundations should, to the greatest extent possible, be made publicly available in a user-friendly, complete and updated manner;
Amendment 135 #
2021/2018(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Is of the opinion that the rules on eligibility of expenditure are too narrow and that European political parties should be allowed to finance any activity that is not only organised as an internal event but open to the general public which contributes to increasing European political awareness and giving expression to the will of Union citizens;
Amendment 142 #
2021/2018(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Insists that the national member parties of European political parties must have a democratic structure in line with Article 10 TEU, and by complying with Articles 8, 18 and 19 TFEU, as well as Article 21 of the Charter of Fundamental Rights, by ensuring transparent decision- making processes and respect the shared fundamental values of the Union; as well as by respecting gender balance in their directive bodies; a confirmation of the adherence to and active support of the shared fundamental values of the Unions hall be requested in written form before accepting the Membership in a European political party;
Amendment 146 #
2021/2018(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Suggests that the criteria of visibility of European Parties’ symbols or logos should be enhanced and made more binding in the purpose of supporting the function of EU parties as highlighted in article 10 TEU;
Amendment 151 #
2021/2018(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Is of the opinion that the hybrid status of the Authority should be clarified; similar to the institutional set-up of the European ombudsman;
Amendment 81 #
2021/0375(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Differentiated levels of affiliation and a category of research partners should be recognised for European political foundations, in order to allow for more flexibility and facilitate freedom of research.
Amendment 83 #
2021/0375(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) For the purpose of its decisions to register, in order to ascertain that a European political party or a European political foundation complies with its obligations to observe the values on which the Union is founded, as expressed in Article 2 TEU, and that it ensures that its members observe such values, the Authority should rely on a written declaration to be issued by the European political party or European political foundation by using a template attached to this Regulation. The power of the Authority, upon request from the European Parliament, the Council or the Commission, to verify the compliance with such values should however not extend to possible breaches of those values by member parties or member organisations.
Amendment 95 #
2021/0375(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) If a European political party or a European political foundation seriously fails to comply with relevant national law and if the matter relates to elements affecting respect of the values on which the Union is founded, as expressed in Article 2 TEU, the Authority should decide, upon request by the Member State concerned, to apply the procedures laid down by this Regulation. Moreover, the Authority should decide, upon request from the Member State of the seat, to remove from the Register a European political party or European political foundation which has seriously failed to comply with relevant national law on any other matter.
Amendment 100 #
2021/0375(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) European political parties and their member parties should lead by example in closing the gender gap in the political domain. If they wish to benefit from EU funding, European political parties should have internal rules promoting gender balanceequality and they should be transparent about the gender balance of their member parties. European political parties should provide evidence on their internal policy on gender balance and on their member parties’ gender representation as regards candidates to and Member of the European Parliament . The European political parties are also encouraged to provide information in relation to their member parties’ on inclusiveness and representation of minorities.
Amendment 109 #
2021/0375(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to enhance cooperation with long-standing members sharing EU values, contributions from member parties having their seat in a country outside the Union but in the Council of Europecandidate countries for accession to the Union, in countries from the European Free Trade Association, from EU neighbourhood countries and from former Member States, should be allowed. However, such contributions should be subject to a cap in relation to total contribution, to limit the risk of foreign interference.
Amendment 140 #
2021/0375(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point d
Article 2 – paragraph 1 – point 4 – point d
(d) serving as a framework for national political foundations, academics (including by different levels of affiliation and a category of research partners), and other relevant actors to work together at European level;
Amendment 168 #
2021/0375(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e a (new)
Article 4 – paragraph 2 – point e a (new)
(ea) its minimum documentation standards and internal control mechanisms for accepting donations
Amendment 187 #
2021/0375(COD)
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Where the Authority becomes aware of facts which may give rise to doubts concerning compliance by a specific European political party or European political foundation with the conditions laid down in Article 3(1), point (d), and Article 3(2), point (c), it shall start the verification process and inform the European Parliament, the Council and the Commission with a view to allowing any of them to lodge a request for verification as referred to in the first subparagraph. Without prejudice to the first subparagraph, the European Parliament, the Council and the Commission shall indicate their intention within two months of receiving that information.
Amendment 217 #
2021/0375(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. A European political party shall include in its application evidence demonstrating its compliance with Article 4(1), point (j), and that its member parties apply gender equality and have continuously published on their websites, during 12 months preceding the moment at which the application is made, information on the gender representation among the candidates at the last elections to the European Parliament and on the evolution of gender representation among their Members of the European Parliament.
Amendment 239 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 9
Article 23 – paragraph 9
9. Contributions from members of a European political party that have their seat in, or are citizens of, a Member State or from member parties that have their seat in a country belonging to the Council of Europecandidate countries for accession to the Union, in countries from the European Free Trade Association, in EU neighbourhood countries and in former Member States shall be permitted. The total value of contributions from members shall not exceed 40 % of the annual budget of a European political party. The value of contributions from member parties that have their seat in a country outside the Union shall not exceed 10% of the total contributions from members.
Amendment 246 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 10 – introductory part
Article 23 – paragraph 10 – introductory part
10. Contributions from members of a European political foundation that have their seat in, or are citizens of, a Member State or from member organisations that have their seat in a country belonging to candidathe Ccouncil of Europe ,tries for accession to the Union, countries from the European Free Trade Association, EU neighbourhood countries and to former Member States and from the European political party with which it is affiliated, shall be permitted. The total value of contributions from members shall not exceed 40 % of the annual budget of a European political foundation and shall not derive from funds received by a European political party pursuant to this Regulation from the general budget of the European Union. The value of contributions from member organisations that have their seat in a country outside the Union shall not exceed 10% of the total contributions from members.
Amendment 258 #
2021/0375(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Notwithstanding Article 24(1), the funding of European political parties from the general budget of the European Union or from any other source shall not be used for the direct or indirect funding of other political parties, and in particular national parties or candidates except for political activities in the common interest of European and national parties and capacity building to support the formation of future political leadership in the Union. Those national political parties and candidates shall continue to be governed by national rules.
Amendment 282 #
2021/0375(COD)
Proposal for a regulation
Article 37 – paragraph 8
Article 37 – paragraph 8
8. European political parties and European political foundations, the Member States and the independent bodies or experts authorised to audit accounts under this Regulation shall be liable in accordance with applicable national law for any damage they cause in the processing of personal data pursuant to this Regulation. The Member States shall, without prejudice to Regulation (EU) 2016/679, ensure that effective, proportionate and dissuasive sanctions are applied for infringements of this Regulation, of Regulation (EU) 2016/679 and of the national provisions adopted pursuant thereto, and in particular for the fraudulent use of personal data.
Amendment 38 #
2021/0297(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission and where appropriate the European External Action Service should monitor the status of ratification of the international conventions on human and labour rights, environmental protection and good governance and their effective implementation, by examining the relevant information, in particular where available the conclusions and recommendations of the relevant monitoring bodies established under those conventions. Every threewo years, the Commission should present to the European Parliament and the Council a report on the status of ratification of the respective conventions, the compliance of the beneficiary countries with any reporting obligations under those conventions, and the status of the implementation of the conventions in practice.
Amendment 47 #
2021/0297(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
(11 a) "human rights due diligence obligations" refers to the responsibility of business enterprises to respect human rights and to protect against human rights abuse by business as set in the UN Guiding Principles on Business and Human Rights (UNGPs) in 2011. The responsibility of business enterprises to respect human rights refers to internationally recognized human rights – understood, at a minimum, as those expressed in the International Bill of Human Rights and the principles concerning fundamental rights set out in the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work
Amendment 67 #
2021/0297(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
The plan of action referred to in paragraph 1 point d) shall: (a) contain a schedule for the implementation of Article 12 (the ‘tariff suspension schedule’), based on benchmarks against which the progress in the implementation of the relevant conventions is assessed; (b) be jointly agreed with the Commission for a period of two years; (c) serve as a basis for the report referred to in Article 14; (d) be publicy available.
Amendment 73 #
2021/0297(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Common Customs Tariff ad valorem duties on all products listed in Annex III and Annex VII, which originate in a GSP+ beneficiary country, shall be suspended according to the tariff suspension schedule referred to in Article 9(2).
Amendment 83 #
2021/0297(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By 1 January 2027, and every threewo years thereafter, the Commission shall present to the European Parliament and to the Council a report on the status of ratification of the relevant conventions, the compliance of the GSP+ beneficiary countries with any reporting obligations under those conventions and the status of the effective implementation thereof.
Amendment 93 #
2021/0297(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. WAt the request of the European Parliament or where, either on the basis of the conclusions of the report referred to in Article 14 or on the basis of the evidence available, including evidence submitted through a complaint, the Commission has a reasonable doubt that a particular GSP+ beneficiary country does not respect its binding undertakings as referred to in Article 9, points (d), (e) and (f), or has formulated a reservation which is prohibited by any of the relevant conventions or which is incompatible with the object and purpose of that convention as established in Article 9, point (c), it shall, in accordance with the advisory procedure referred to in Article 39(2), adopt an implementing act to initiate the procedure for the temporary withdrawal of the tariff preferences provided under the special incentive arrangement for sustainable development and good governance. The Commission shall inform the European Parliament and the Council thereof.
Amendment 109 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. 1. The preferential arrangements referred to in Article 1(2) may be withdrawn temporarily, fully or partially, in respect of all or of certain products, or of economic sectors, originating in a beneficiary country, for any of the following reasons:
Amendment 111 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point a a (new)
Article 19 – paragraph 1 – point a a (new)
(a a) the beneficiary country fails to show effective implementation of the plan of action ;
Amendment 112 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
Article 19 – paragraph 1 – point b a (new)
Amendment 113 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b b (new)
Article 19 – paragraph 1 – point b b (new)
(b b) when the Commission decides to withdraw a preferential arrangement to a beneficiary country in a particular economic sector, in application of article 19 (a and b) the commission may publish a list of companies, EU importers and local suppliers, that may still benefit from preferences. This list should be established based on the evidences provided by companies that they fully implemented their human rights due diligence obligations and that they have a supply chain free from human rights violations. The companies should agree on having the evidences and informations published for public scrutiny and civil society consultation.
Amendment 121 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. WAt the request of the European Parliament or where the Commission, acting upon a complaint or on its own initiative, considers that there armay be sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) on the basis of the reasons referred to in paragraph 1 of this Article it shall adopt an implementing act to initiate the procedure for temporary withdrawal in accordance with the advisory procedure referred to in Article 39(2). The Commission shall inform the European Parliament and the Council of the adoption of that implementing act.
Amendment 134 #
2021/0297(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
By 1 January 2027 and every threewo years thereafter, the Commission shall submit to the European Parliament and to the Council a report on the effects of the scheme covering the most recent three- wo-year period and all of the preferential arrangements referred to in Article 1(2).
Amendment 136 #
2021/0297(COD)
Proposal for a regulation
Annex VI – paragraph 1 – point a (new)
Annex VI – paragraph 1 – point a (new)
(a) First Optional Protocol to the International Covenant on Civil and Political Rights (1966)
Amendment 3 #
2020/2262(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that while the number of reasoned opinions received from national parliaments continued to fall between 2017 and 2019, the number of opinions submitted to the Commission and contributions to the European Parliament, including on non-legislative initiatives, remains consistently high, which is testament to the positive and forward- looking engagement of national parliaments with the EU policy cycle and the need of strengthening the subsidiarity principle; notes that several of these submissions focused on important institutional issues such as the completion of the Economic and Monetary Union (EMU) and the activation of passerelle clauses;
Amendment 16 #
2020/2262(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Encourages the Commission to assess the possibility of assisting the national parliaments in playing a positive and proactive role in EU affairs through the introduction of an informal ‘green card’ procedure;bring Europe closer to its citizens developing its work with the local, regional and national policy makers; Welcomes an enhanced role for national parliaments by endowing them with the right of proposing initiatives to the European Parliament; It also proposes to evaluate and further develop the existing frameworks of interparliamentary cooperation, such as COSAC, CFSP/CDSP Interparliamentary Conference, Inter-parliamentary Conference of Stability, Economic Coordination and Governments of the EU, CFSP/CDSP Interparliamentary Conference, JPSD Joint Parliamentary Scrutiny Group on Europol and the European Parliamentary Week.
Amendment 21 #
2020/2262(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Suggests that the introduction of a ‘red card’ instrument, enabling a legislative proposal from the Commission to be withdrawn if 55 % of national parliaments raise an objection, should be discussed at the Conference on the Future of Europe;Deleted
Amendment 25 #
2020/2262(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Encourages the involvement of regional parliaments with legislative powers, which under Article 6 of Protocol No 2 to the Treaty on the Functioning of the European Union can be consulted by national parliaments, and supports their systematic consultation on major initiatives;Deleted
Amendment 33 #
2020/2262(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Expresses its support to national parliaments in providing joint own- initiative opinions, such as those provided by the Visegrád Group countries on the future of the subsidiarity principle and parliamentary cooperation;
Amendment 4 #
2020/2220(INL)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to the United Nations Convention on the Rights of Persons with Disabilities, ratified by the EU in 2010, and by all Member States, and Article 29 thereof on participation in political and public life,
Amendment 5 #
2020/2220(INL)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
— having regard to Commission Communication (2021)101 of 3 March 2021 entitled "Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030",
Amendment 91 #
2020/2220(INL)
Motion for a resolution
Recital V
Recital V
V. whereas any barriers to the right to vote and stand as candidate for persons with disabilities, especially legal barriers for adults with intellectual disabilities declared legally incapacitated, should be removed, guaranteeing physical and sensory accessibility in polling stations as well asaccessibility throughout the elections process should be ensured including by providing alternative participation systems to exercise the right to vote, in particular through postal voting such as postal voting and appropriate voting arrangements for persons with disabilities to facilitate the exercise of their voting rights on an equal basis with others;
Amendment 126 #
2020/2220(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Observes that diverging electoral cultures have resulted in a range of different electoral systems and different voting rights across the EU; considers therefore that common minimum standards are needed, in order to ensure approximation towards a unified European electoral law and equality of the vote for citizens of the Union, including as regards: the right to vote, the right to register a party and to stand for elections; access to ballots; the fielding of candidates; accessibility of voting for all citizens, especially for persons with disabilities; or what happens on the day of the elections;
Amendment 218 #
2020/2220(INL)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Considers that funding of European political parties from the general budget of the European Union or from any other source may be used to finance campaigns conducted by the European electoral entities in the context of elections to the European Parliament in which they or their members participate; considers that funding and possible limitation of election expenses for all political parties, candidates and third parties in the national constituencies, in addition to their participation in elections to the European Parliament, should be governed in each Member State by its national provisions;
Amendment 246 #
2020/2220(INL)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on Member States to grant the right to vote and stand as candidate to all persons with disabilities, regardless of their legal capacity; suggests to introduce measures to maximise accessibility of the elections for citizens with disabilities covering, among others and where appropriate, voting information and registration, polling stations, voting booths and devices, electronic means of voting, and ballot papers; recommends Member States to implement appropriate arrangements tailored to their national voting procedures to facilitate the vote of citizens with disabilities such as the possibility to choose polling station, early voting, mobile ballot boxes, closed polling stations in key locations, and the use of assistive technologies; calls on Member States to allow persons with disabilities assistance in voting through a person of their own choice, where necessary and at their request;
Amendment 294 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Recital 7
Annex to the motion for a resolution – Recital 7
(7) In the European democracy action 6 6 plan , the Commission has committed to promoting access to democratic participation, which entails inclusiveness and equality in democratic participation, as well as gender balance in politics and decision-making. In its 2020-2025 gender equality strategy7 , the Commission stated that equal opportunity in participation is essential for representative democracy at all levels. Gender equality and democratic, informed and transparent procedures for the selection of candidates to the European Parliament elections, including the lead candidate, are key horizontal elements for reinforcing representativeness and democracy. For reasons of equality, those principles should apply to all lists of candidates of the elections to the European Parliament in the national constituencies and in the Union-wide constituency. __________________ 6 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the European democracy action plan (COM(2020)0790). 7 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions “A Union of Equality: Gender Equality Strategy 2020-2025” (COM(2020)0152).
Amendment 307 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Recital 9
Annex to the motion for a resolution – Recital 9
(9) A European Electoral Authority should be established for the management of the Union-wide constituency. Such a European Electoral Authority would be essential for coordinating information on the European elections and monitoring the implementation of the common standards of the European electoral law, by ensuring an efficient exchange of information and best practices between national bodies. In addition.
Amendment 308 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Recital 9 a (new)
Annex to the motion for a resolution – Recital 9 a (new)
(9a) The Union-wide constituency electoral campaign should be duly financed to ensure that the European electoral entities have the sufficient funds to convey their messages and their political programmes to the EU citizens.
Amendment 315 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Recital 10
Annex to the motion for a resolution – Recital 10
(10) In order to encourage voter participation in elections to the European Parliament, Member States should provide for advance and postal voting. To fully take advantage of the possibilities offered by technological developments, Member States could also permit electronic and internet voting, while ensuring the reliability of the result, the secrecy of the vote, the accessibility for persons with disabilities and the protection of personal data, in accordance with applicable Union law.
Amendment 323 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Recital 12
Annex to the motion for a resolution – Recital 12
(12) The minimum age for the exercise of active passive voting rights varies across the 27 Member States. A single harmonised age for active and passive voting should be introduced across the Union in order to ensure equality and to avoid discrimination in the most fundamental civic and political right - the right to vote. All the persons with disabilities regardless of their legal capacity, should enjoy political rights on an equal basis with others.
Amendment 326 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Recital 12 a (new)
Annex to the motion for a resolution – Recital 12 a (new)
(12a) The deadlines for finalising both the electoral lists and the electoral roll ahead of European elections vary greatly among Member States. In order to put candidates and voters across the Union in an equal position when it comes to the time available for campaigning or for reflection, and also to facilitate the exchange of information between Member States on voters, the deadlines for the establishment of the electoral roll and the lists for the European elections should be uniform.
Amendment 341 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 2 – point 2
Annex to the motion for a resolution – Article 2 – point 2
(2) ‘political movement’ means an association of citizens which pursues political objectives which, rather than being established as a political party, is registered as an association of votercitizens in accordance with applicable national provisions and which intends to form or joining a European coalition of national political parties and/or national political movements in order to table a list of candidates to, and campaigning for, the Union-wide constituency;
Amendment 349 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 2 – point 3
Annex to the motion for a resolution – Article 2 – point 3
(3) ‘European coalition of national political parties and/or national political movements’ means an electoral alliance byof a number of national political parties and/or national political movements equal to one quarter of the Member States, where necessary rounded up to the nearest whole number, that tables a candidacy to, and campaigns for the Union-wide constituency;
Amendment 360 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 2 – point 5
Annex to the motion for a resolution – Article 2 – point 5
(5) ‘European political movement’ means a transnational association of citizens presentgistered in at least a quarter of the Member States, representing at least a number equal to 0.01% of the voting population in the relevant Member States, which pursues political objectives, but is not established as a European political party, and is recognised for the purpose of tabling a candidacy to, and campaigning for, the Union-wide constituency;
Amendment 381 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 2 – point 10
Annex to the motion for a resolution – Article 2 – point 10
(10) ´Funding from the Union budget´ means a grant awarded in accordance with Title VIII or a contribution awarded in accordance with Title XI of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council ('the Financial Regulation'). (To add the reference to the Regulation): "Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013,(EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013,(EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJL 193, 30.7.2018, p. 1–222).
Amendment 384 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 3 – first paragraph
Annex to the motion for a resolution – Article 3 – first paragraph
Amendment 385 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 3 – second paragraph
Annex to the motion for a resolution – Article 3 – second paragraph
Those national provisions, which may, if appropriate, take account of the specific situation in each Member State, shall not affect the essentially proportional nature of the voting system.
Amendment 396 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 4
Annex to the motion for a resolution – Article 4
Every European Union citizen from 18 years of age, and regardless of their legal capacity status, shall have the right to vote and to stand as a candidate for election to the European Parliament, in both the national and in the Union-wide constituency, without prejudice to those Member States that, at the date of the entry into force of this Regulation, have set the minimum age that is lower than 18 for eligibility to vote and for eligibility to stand as a candidate.
Amendment 400 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 5
Annex to the motion for a resolution – Article 5
Member States shall ensure that all citizens of the Union, including those living or working in a third country and those who are homeless or who are serving a prison sentence in the EU, are entitled tohave and are able to exercise their right to vote in elections to the European Parliament, and, with regard to those citizens serving a prison sentence, without prejudice to national law or court decisions handed down in accordance with national law.
Amendment 421 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 8 – paragraph 2
Annex to the motion for a resolution – Article 8 – paragraph 2
2. Member States may provide additional possibilities of voting by way of electronic and internet systems, without prejudice to the possibility of proxy voting as allowed by applicable national provisions at the time of the entry into force of this Regulation. In the event of electronic, internet, and proxy voting, Member States shall adopt all necessary measures to ensure the reliability and the secrecy of the vote, the accessibility for persons with disabilities and the protection of personal data in accordance with applicable Union law.
Amendment 520 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 17
Annex to the motion for a resolution – Article 15 – paragraph 17
17. The order of candidates from any of the Member States in each of the five groups of Member States included in Annex ·1 shall vary in each list section of five slots up to the list slot corresponding to the number resulting from dividing the total number of Member States by two, where necessary rounding up to the next whole number, as shown in Annex 3.
Amendment 525 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 18
Annex to the motion for a resolution – Article 15 – paragraph 18
18. TFor the purpose of Annex 1, the total population of the Member States shall be calculated by the Commission (Eurostat) on the basis of the most recent data provided by the Member States, in accordance with a method established by means of Regulation (EU) No 1260/2013 of the European Parliament and of the Council.
Amendment 532 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 22 – introductory part
Annex to the motion for a resolution – Article 15 – paragraph 22 – introductory part
22. The allocation of seats based on the results of the scrutiny is carried out ·in accordance with the D'Hondt formula, which consists of the following rules:
Amendment 549 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 16 – paragraph 1
Annex to the motion for a resolution – Article 16 – paragraph 1
1. Each European electoral entity pvermittified by the European Electoral Authority to table a list of candidates for members of the European Parliament in the Union-wide constituency shall appoint a general electoral administrator responsible for drawing up a general accounting plan for the income and expenses of the electoral campaign.
Amendment 556 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 16 – paragraph 3 – subparagraph 1
Annex to the motion for a resolution – Article 16 – paragraph 3 – subparagraph 1
3. The general election administrator shall register a bank account at least 12 weeks prior to the Election day. That bank account shall be opened in a financial entity domiciled in the same cmunicipality in which the electoral entity has its headquarters.
Amendment 583 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 16 – paragraph 11
Annex to the motion for a resolution – Article 16 – paragraph 11
11. Upon the findings of the European Court of Auditors, and where at least three infringements have been established, the European Electoral Authority mayshall prevent the European electoral entity concerned from tabling a list to the Union-wide constituency in the following elections to the European Parliament.
Amendment 588 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 17 – paragraph 1
Annex to the motion for a resolution – Article 17 – paragraph 1
1. Electoral campaigning shall not start until eight weeks before Election day. Electoral campaigning comprises, in particular, the request of a vote for an election to the European Parliament by way of print or digital material and other formats of public communication, media advertising, and public events. Electoral campaign materials shall include a reference to the manifesto or programme of the European electoral entity, if any, to which the national party is affiliated.
Amendment 633 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 25 – paragraph 2
Annex to the motion for a resolution – Article 25 – paragraph 2
2. Members of the European Parliament shall enjoy the privileges and immunities applicable to them by virtue of Protocol (No 7) on the privileges and immunities of the European Union, annexed to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, from the moment of the official declaration of their election to the European Parliament.
Amendment 680 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 3 – subparagraph 2
Annex to the motion for a resolution – Article 27 – paragraph 3 – subparagraph 2
The members of the Authority shall be independent in the performance of their duties. They shall not be members of the European Parliament, hold any electoral mandate or be a current or former employee of any EU institution or of any European political party or movement, or of any European political foundation.
Amendment 687 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 4 – subparagraph 1
Annex to the motion for a resolution – Article 27 – paragraph 4 – subparagraph 1
4. The Authority shall be represented by its president who shall takeensure the implementation of all decisions of the Authority on its behalf.
Amendment 708 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 28
Annex to the motion for a resolution – Article 28
Amendment to Regulation (EU, Euratom) Regulation (EU, Euratom) No 1141/2014 is amended as follows: in Article 21, paragraph 1 is replaced by the following: “1. Subject to the second subparagraph, the funding of European political parties from the general budget of the European Union or from any other source may be used to finance campaigns conducted by the European electoral entities in the context of elections to the European Parliament in which they or their members participate. In accordance with Article 16 of Council Regulation ... on the election of the members of the European Parliament by direct universal suffrage, the funding and possible limitation of election expenses for all political parties, candidates and third parties in the national constituencies, in addition to their participation in elections to the European Parliament, is governed in each Member State by national provisions.”rticle 28 deleted No 1141/2014
Amendment 10 #
2020/2113(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the broader Middle East region referred to in this report encompasses the area between the Mediterranean Sea and the Persian Gulf; whereas this region is strategic for the European Union given its geographical position and common ties; whereas the stability and security of Europe and the broader Middle East region are interdependent, and whereas the situation in the region is currently characterised by ongoing conflicts with a strong regional and extra-regional dimensions;
Amendment 53 #
2020/2113(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas Russia's war in Ukraine and the blockade of Ukraine’s grain export could push up to 49 million people into famine or famine-like conditions because of its devastating impact on global food supply and prices, particularly for bread and gasoline; whereas in this regard several countries in the MENA region are particularly vulnerable to the wide-ranging effects on global food prices;
Amendment 59 #
2020/2113(INI)
Motion for a resolution
Recital E
Recital E
E. whereas EU Member States continue to export arms to countries in the region despite ongoing conflicts and reports of internal repression in contravention to the EU Common Position 2008/944/CFSP defining common rules governing control of exports of military technology and equipment;
Amendment 76 #
2020/2113(INI)
Motion for a resolution
Recital G
Recital G
G. whereas problems associated with governance and breaches of the rule of law in the region are a significant source of instability; whereas the imprisonment or torture of political opposition figures and social activists across the region is paving the way for further conflict; whereas the use of death penalty remains prolific in the region, particularly in countries like Saudi Arabia and Iran;
Amendment 111 #
2020/2113(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the EU has its own interests in the region, asnamely security, stability, peaceful resolution of conflicts, non-proliferation, respect for human rights and energy partnerships; highlights that EU security is interdependent with security in the Middle East; highlights that and EU funding instruments directed at the region should make an important contribution to stability and prosperity;
Amendment 126 #
2020/2113(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the important role the EU could play in facilitating dialogue between regional stakeholders, which is key to fostering stability; commends, in this sense, the efforts of regional actors, such as Iraq, Kuwait, Oman and Qatar, to promote constructive intra-regional diplomatic engagement, including through such initiatives as Baghdad Conference for Cooperation and Partnership of 2021 and normalization talks between Iran and Saudi Arabia facilitated by Iraq; calls for deepened engagement with Qatar particularly on the situation in Afghanistan, leveraging the contacts it forged with the de-facto Taliban authorities in Afghanistan, notably with the aim to reverse some of the draconian restrictions imposed by the Taliban on women, such as denial of their right to education and introduction of highly restrictive compulsory dress code; calls, therefore, for cooperation with the regional supranational organisations to be enhanced;
Amendment 134 #
2020/2113(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the ambition of the Joint Communication on Strategic Partnership with the Gulf to promote wide-ranging cooperation with the Gulf Cooperation Council (GCC) countries in green transition, digitalization, regional security, gender equality, trade, human rights, people-to-people contacts and other areas; regrets, however, that the scope of the Communication was limited to the GCC countries, excluding Iran and Iraq, and thus failing to develop policies aimed at overcoming the existing lack of trust between different stakeholders in the Gulf; considers that the EU should support the issue-oriented cooperation between regional actors on common challenges, such as climate change, natural disasters, trade, Sustainable Development Goals, among others, as means of confidence-building in the region;
Amendment 142 #
2020/2113(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Urges the EU and its Member States to tackle the consequences of the Russian aggression against Ukraine on the global food supply and prices for the stability of the region; calls in this regard on the EU to collaborate with those countries in the Middle East region having the financial means and energy capacities to address these issues;
Amendment 166 #
2020/2113(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to align their arms export policies with the provisions of Council Common Position 2008/944/CFSP and to adopt a strict application of all criteria, including by halting arms exports when these criteria are violated;
Amendment 184 #
2020/2113(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Takes note of an UN-mediated truce announcement in Yemen between the Saudi Arabia-led coalition and Houthi rebels; insists that the truce should be the first step to prepare the ground for credible peace talks between the Yemeni parties that should lead to an end of the war and one of the world’s greatest humanitarian disasters through an inclusive, Yemeni-led political settlement; stresses that the conflict cannot be truly solved without the accountability for the alleged war crimes committed by Saudi Arabia, UAE and their allies, and Houthi rebels;
Amendment 203 #
2020/2113(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the negotiations on the Joint Comprehensive Plan of Action as a necessary step towards achieving regional stability and creating conditions for further talks on a new, inclusive regional security architecture; calls on the US and Iran to pursue meaningful negotiations with a view to returning to compliance with the Joint Comprehensive Plan of Action as the only viable way of solving the remaining safeguards issues related to Iran’s nuclear activities; stresses that the restoration of the JCPOA would provide a foundation for the EU’s renewed engagement with Iran, to complement the existing EU’s partnerships and relations in the region;
Amendment 218 #
2020/2113(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines the need to diversify the EU’s sources of energy and calls foron the EEAS and the Commission to conduct an assessment of the security implications of any agreement to import oil, gas or hydrogen into the EU;
Amendment 222 #
2020/2113(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights the need to combat the funding of terrorist organisations and activities; stresses that the EU must help to stop money laundering and stem illicit financial flows by adopting a clear strategy to address the shortcomings in controlling these kind of funds by several states in the region; notes that the United Arab Emirates (UAE) were recently added to the list of countries under increased monitoring (grey list) of the Financial Action Task Force, as a "jurisdiction with strategic deficiencies" in preventing money laundering and financing of terrorism; highlights that, in line with previous practice and the Commission's methodology, all countries that are under this list are subsequently listed by the EU through a delegated act under Article 9 of the Anti-Money Laundering Directive; notes with concern that, as reported by the press, several Russian oligarchs have flocked to the UAE following the targeted sanctions in the EU; calls on the Commission to propose a delegated act to list the UAE as a high risk third country without further delay;
Amendment 235 #
2020/2113(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Highlights that people-to-people contacts and cooperation in fields such as education, science or culture play an important role in the region and can make a key contribution to regional stability and the bridging of divides both with the EU and among the different states; welcomes, in this context, the proposal presented by the Commission for the visa exemption for the citizens of Kuwait and Qatar; calls on the Commission to swiftly engage in technical discussions to ensure fulfilment of relevant criteria in view of ultimately achieving visa exemption for the citizens of Kuwait and Qatar;
Amendment 254 #
2020/2113(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Is deeply concerned about the steady deterioration of the human rights situation in Saudi Arabia, expressing itself in the execution of 81 men in March 2022, the largest mass execution in years, apparent war crimes in Yemen, continued imprisonment of peaceful dissidents and human rights activists, persistence of the male guardianship over women and discriminatory laws and policies against women, lack of meaningful accountability for the murder of the Washington Post journalist Jamal Khashoggi in which a U.S. intelligence report released in 2021 implicated the Crown Prince Mohammad Bin Salman personally; reiterates its call to use the EU Global Human Rights Sanctions Regime to introduce targeted sanctions against the Saudi officials involved in grave human rights violations;
Amendment 266 #
2020/2113(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the authorities in the region to uphold the ban on torture as enshrined in particular in the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which most of them have signed and ratified; calls for the abolition of the death penalty throughout the region; regrets that the Joint Communication on Strategic Partnership with the Gulf failed to introduce any human rights safeguards to counter-terrorist cooperation with the Gulf states and insists that any cooperation in this field with the Gulf and Middle East countries be submitted to strict application of such safeguards; notes with deep concern the persistent pattern in the countries of the region to adopt vaguely drafted “anti-terrorism” laws the implementation of which in practice leads to criminalization of legitimate, peaceful dissent;
Amendment 12 #
2020/2111(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard the Commission guidelines to protect critical European assets and technology in current crisis of 25 March 2020;
Amendment 20 #
2020/2111(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to its resolution of 11 December 2018 with recommendations to the Commission on Humanitarian Visas (2018/2271 (INL));
Amendment 21 #
2020/2111(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the European Council, ‘Conclusions of the President of the European Council following the video conference of the members of the European Council’, 23 April 2020,
Amendment 22 #
2020/2111(INI)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
— having regard to the Council of Europe Convention of 2011 on preventing and combating violence against women and domestic violence (Istanbul Convention);
Amendment 23 #
2020/2111(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to the EU guidelines of 8 December 2008 on violence against women and girls and combating all forms of discrimination against them,
Amendment 24 #
2020/2111(INI)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
— having regard to the Venice Commission Code of Good Practice in Electoral Matters;
Amendment 50 #
2020/2111(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas, according to the United Nations, 24 million out of 30 million of Yemenis are in need of some form of humanitarian assistance in what is described by the UN as the world’s worst humanitarian crisis; whereas the spread of deadly COVID-19 compounded the already catastrophic humanitarian situation and is likely to spread faster and cause more deaths due to the destruction of the country’s medical infrastructure, including as a result of indiscriminate and disproportionate air strikes by the Saudi-led coalition against civilian targets, and obstruction to aid by Houthi and other authorities;
Amendment 57 #
2020/2111(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the global economic decline has had a particularly severe impact on the most vulnerable economies, which rely heavily on commodity exports, external support, tourism and in a longer consequence on foreign policies;
Amendment 64 #
2020/2111(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the crisis has shown the importance of boosting investment in public services and particularly in health care and social protection, especially the need fora higher degree of self-sufficiency in crucial healthcare and protective equipment; whereas the COVID-19 outbreak has exacerbated the persistent problem of medicine shortages globally, with acute consequences in developing countries;
Amendment 68 #
2020/2111(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas women around the world in violent relationships were forced to be at home, exposed to their abuser for longer periods of time; while domestic violence helplines and shelters across the world are reporting rising calls for help, in a number of countries, domestic violence reports and emergency calls have surged upwards of 25% since social distancing measures were enacted;;
Amendment 71 #
2020/2111(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas narratives stressing geography rather than medical terminology to refer to COVID-19 are stigmatizing, and encourage racist or xenophobic attitudes, including against persons and groups who are forcibly displaced and state less who may be at greater risk during the pandemic;
Amendment 76 #
2020/2111(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Affirms that the global outbreak of the COVID-19 pandemic is a game changer in the international environment and a catalyst of change in the global order; stresses the fundamental importance of strengthening the EU internal resilience for an effective global projection of its multilateralist vision, in line with its values and long-term objectives as enshrined in its Global Strategy;
Amendment 82 #
2020/2111(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the third countries and the EU Member States to mitigate the social effects of the pandemic by revising their national social spending, and to adopt expansionary measures to protect and strengthen their healthcare systems;
Amendment 103 #
2020/2111(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is concerned about rallies protesting against coronavirus restrictions which are taking place in various cities around the world with demonstrators calling the virus a hoax (for example: Melbourne, London, Vancouver, Buenos Aires etc.), as well as, in some cities within the EU; Calls on the local authorities from third countries to launch a proper information and prevention campaign educating its citizens on COVID-19;
Amendment 109 #
2020/2111(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Is concerned about the growing number of domestic violence against women cases during the pandemic; calls on the remaining CoE countries to ratify the Istanbul Convention and incorporate its provisions in the domestic law systems as soon as possible, in order to prevent further increase of cases;
Amendment 110 #
2020/2111(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Condemns the abuse by many authoritarian regimes of the measures introduced to fight the COVID-19 in order to consolidate power, further undermine human rights, crack down on opposition and civil society, incite hatred campaigns against minority groups, introduce further measures to curtain their citizens´ rights and freedoms and seek geopolitical advantage abroad;
Amendment 116 #
2020/2111(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Expresses grave concern about the continued detention of prisoners of conscience in Egypt, which at a time of the COVID-19 pandemic poses aggravated health risks to the detainees; urges the Egyptian authorities to immediately release all the unjustly detained human rights defenders, lawyers, political activists, and other prisoners of conscience, among them Ramy Shaath, Alaa Abdel Fattah, Sanaa Seif, Mohamed el Baqer, Ziad el Elaimy, Mahienour el Massry, Haitham Mohamedeen, Patrick Zaki, Ibrahim Ezz el-din, Ibrahim Metwally, Esraa Abdelfattah, Solafa Magdy, Hossam al Sayyad;
Amendment 118 #
2020/2111(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights the core aims of the EU, among others, human rights promotion and environmental protection; Calls on the Commission to ensure that the consequences of the COVID-19 do not undermine the implementation of commitments on human rights, environment and climate change already established in the EU Action Plan on Human Rights and Democracy 2020- 2024;
Amendment 123 #
2020/2111(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Regrets the fact that consequences of the outbreak of the COVID-19 pandemic disproportionately affect the poorest and persons in the most disadvantaged, marginalised and unprotected social categories, including persons with physical and intellectual disabilities and persons with chronic medical conditions, who already have limited or no access to basic hygiene and treatment for their healthcare needs, and have become even more vulnerable due to the pandemic; whereas the lockdown has had a particularly severe impact on persons with physical and intellectual disabilities; Calls on the third country authorities to ensure sufficient social help to the most venerable;
Amendment 124 #
2020/2111(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Is strongly concerned that overcrowding of Egyptian prisons risks exacerbating the spread of COVID-19, and poses serious regional and global health risks; calls on the Egyptian authorities to take steps to mitigate the overcrowding of the prisons by immediately and unconditionally releasing all the unjustly detained journalists, human rights defenders, opposition activists, researchers and other prisoners of conscience, in accordance with the Egyptian constitution and international human rights commitments;
Amendment 126 #
2020/2111(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Expresses concern over an acute vulnerability of migrant workers to human rights abuses in Saudi Arabia, such as crowded labour accommodation, inequitable access to healthcare, immigration detention centres and prisons where detainees are often held in dismal, health-threatening conditions; is further concerned that the economic consequences of the COVID-19 might disproportionately affect the welfare of the migrant workers; calls on the Saudi authorities to fully uphold the rights of all vulnerable communities, particularly migrant workers, and ensure an effective public health response to the COVID-19;
Amendment 127 #
2020/2111(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Acknowledges the situation of minorities due to the outbreak of the COVID-19 pandemic long-standing systemic health and social inequities have put many people from racial and ethnic minority groups at increased risk of getting sick and dying from COVID-19;
Amendment 128 #
2020/2111(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Strongly condemns any obstruction to delivery of humanitarian aid to Yemeni people by the Saudi-led coalition, Houthis, Yemeni government and UAE-backed Southern Transitional, including any affecting the COVID-19 response; calls on all parties in the Yemeni conflict to immediately lift any obstacles to facilitating to the whole population of Yemen access to the life- saving medical assistance, food, water and other basic needs; calls on the UN Security Council to impose restrictive measures, such as travel bans and assets freeze, on senior officials in the Yemeni government, Houthi movement, Saudi-led coalition and UAE-backed Southern Transitional Council for alleged war crimes and obstruction of delivery of humanitarian aid;
Amendment 129 #
2020/2111(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Condemns all forms of exclusion and discrimination against those infected with COVID-19;
Amendment 130 #
2020/2111(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Notes that refugees and displaced persons are more vulnerable to the consequences of the crisis, as they are often faced with more precarious living conditions and tend to face greater obstacles in accessing basic health services than local populations; calls, therefore, on authorities of third countries and EU countries to enhance health care access and provide targeted support to refugees and displaced populations, in particular women and children;
Amendment 147 #
2020/2111(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Acknowledges that the pandemic negatively affected global trade mostly by delays in production, as well as the collapse of air traffic - calls on the Member States to uphold the most vital supply channels for the Union as well as to seek for a new perception of supply chains and critical goods;
Amendment 176 #
2020/2111(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Condemns the introduction, with the excuse of COVID-19, of travel restrictions from the EU Schengen area to the United States without previous consultations with the EU; considers this to be another unfriendly gesture of the Trump administration undermining the trans-Atlantic cooperation.
Amendment 179 #
2020/2111(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Encourages the authorities to incorporate good practices from the Venice Commission Code of Good Practice in Electoral Matters, which also contains the guidelines for organising the elections during the pandemic period;
Amendment 196 #
2020/2111(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is worried aboutCondemns the decision of the US to withdraw funding from the World Health Organization (WHO) and the general tendency of its President to withdraw the US from the multilateral organisations that were created to establish a rules-based world order;
Amendment 198 #
2020/2111(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 225 #
2020/2111(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes the strengthening of the People’s Republic of China’s worldwide diplomatic efforts following the COVID- 19 outbreak, seeking to position itself as the dominant global player; is therefore concerned about the possible shift of power in the global politics related to change of China’s leadership;
Amendment 251 #
2020/2111(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is concerned about the lack of transparency related to the Chinese reaction to the global outbreak, involving the withholding of information, its poor communication with the World Health Organisation censorship, the suppression of whistle-blowers and human rights activists, and the projection of power in the region;
Amendment 258 #
2020/2111(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Is concerned about the disinformation campaigns launched by Chinese officials in March 2020 campaigns diverting attention from China in relation with COVID-19; therefore welcomes the Commission guidelines on the screening of foreign direct investment;
Amendment 291 #
2020/2111(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the VP/HR to recognise these concerns and simultaneously create an atmosphere of dialogue, engagement and genuine cooperation, (especially regarding the medical supply chains) based on a new, more assertive strategy in which the EU pushes back when necessary to defend European values; is of the view that, as part of this new strategy, the EU should seek closer collaboration with countries in the region and other democracies;
Amendment 326 #
2020/2111(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Is concerned about the Constitutional Referendum which took place in Russia allowing Putin to stay in power until 2036 and possible manipulations during the voting due to COVID-19 measures;
Amendment 332 #
Amendment 333 #
2020/2111(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Is concerned about the latest political situation in Belarus which has an indirect connection with COVID-19 pandemic; Condemns Alexander Lukashenko narrative that has only worsen the pandemic situation in the country by dismiss missing the threat of COVID-19; Calls on the authorities to recognise the virus as a global threat to public health and therefore launch a proper plan to prevent the spread of the virus among the country and to strengthen the healthcare system and provide Belarusian citizens with all relevant and life-saving information about the pandemic in a transparent and inclusive manner;
Amendment 334 #
2020/2111(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Encourages Member States to facilitate and accelerate the establishment of a humanitarian corridor and procedure for obtaining visas for those who flee Belarus for political reasons or require medical treatment due to incurred violence and COVID-19 pandemic;
Amendment 335 #
2020/2111(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Welcomes the EU fast reaction and response to the urgent needs of countries in the Eastern Partnership during the COVID-19pandemic mobilising an ambitious support package totalling over 980 million EUR to help tackle the immediate health needs; Reiterates, that a tailor-made COVID-19 response package for Belarus worth over 60mln EUR is being mobilised; nonetheless, calls on the Commission to mobilise even greater resources to support civil society and victims of repression in Belarus.
Amendment 336 #
Amendment 337 #
2020/2111(INI)
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Calls on the President Jair Bolsonaro, to stop the fake narrative about the virus and admit its treat to the public health;
Amendment 338 #
Amendment 339 #
2020/2111(INI)
Motion for a resolution
Paragraph 14 f (new)
Paragraph 14 f (new)
14f. Stresses how the pandemic is severely impacting the fragile economies of countries in the Middle East, possibly triggering more instability in an already volatile region; calls for continued EU’s support and funding to improve access to healthcare and alleviate the effects of the pandemic, particularly on vulnerable populations and refugees;
Amendment 340 #
Amendment 341 #
2020/2111(INI)
Motion for a resolution
Paragraph 14 g (new)
Paragraph 14 g (new)
14g. Condemns the Egyptian authorities for abusing the restrictions introduced to fight COVID-19 only to widen their crackdown on opposition, civil society and human rights defenders and further increase control over the population.
Amendment 344 #
2020/2111(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognises the global security, socio-economic and political risks that could be caused by the consequences of the COVID-19 pandemic, and is worried about the fact that the EU’s main international counterparts were prepared to use the crisis to unravel the rules-based world order underpinned by multilateral organisations; Underlines that the disinformation conducted by some foreign countries are aimed at undermining the trust to the processes within the EU; Highlights the importance of the flagship project of the European External Action Service’s East StratCom Task Force - EU vs. Disinfo in the fight with disinformation, propaganda and foreign influence on our geopolitical scene; Calls on the appropriate funding for this body during and after the pandemic.
Amendment 362 #
2020/2111(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that the multilateral rules- based world order is vital for global peace, the rule of law and democracy; believes that a geopolitical EU must play a firmer role in defending it and seek ways to de- escalate tensions between powers; Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) to draft the “EU road map on multilateralism” which will be a comprehensive plan for the Union to maintain multilateral relations;
Amendment 440 #
2020/2111(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Underlines that closer cooperation in preventing and countering cyberattacks is also essential in these particularly vulnerable times; calls for strong coordination with and support from the European Union Agency for Cybersecurity (ENISA) in this respect;
Amendment 452 #
2020/2111(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the expansion and modernisation of EU strategic communication strategies, based on the promotion of facts about the EU responses and scientific evidence, so that EU action is sufficiently visible both within and beyond the EU; urges the European External Action Service (EEAS) to further strengthen its capacities to proactively counter disinformation, including the creation of a dedicated far- East Strat Com Task Force focused on the disinformation emanating from China, and imposing costs on countries that deliberately spread disinformation to divide and harm the EU and its Member States;
Amendment 546 #
2020/2111(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Condemns the authorities of Saudi Arabia for abusing the restrictions introduced to fightCOVID-19 to deny the human rights defenders, women rights activists, political and religious dissidents, such as Loujain al-Hathloul, Salman al- Awda, Princess Basmah, Prince Salman bin Abdulaziz bin SalmanAl Saud and other unjustly detained prisoners, their basic human rights, such as communication with their families and outside world; is alarmed by the credible allegations of torture of political prisoners in Saudi prisons made by international human rights organizations, such as Human Rights Watch; notes with concern the overcrowding, ill-treatment, lack of adequate medical care in Saudi Arabia’s prisons, all of which exacerbate the deadly risks of the spread of COVID-19; is appalled by the reports of the death in prison of Abdullah al-Hamid, a leading Saudi human rights defender; calls on the HR/VP and EEAS to press Saudi Arabia’s authorities to accept independent international monitors to the country’s prisons and detention facilities, conduct impartial investigations into allegations of torture and deaths in detention
Amendment 581 #
2020/2111(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is of the opinion that the COVID- 19 crisis has highlighted certain weaknesses of our Union and has shown the urgent need for an effective and efficient Union; believes that the Conference on the Future of Europe will provide a good platform to move forward in constructing more efficient decision making in EU external policies; is therefore determined to start the Conference as soon as possible; Welcomes therefore the President Charles Michel conclusion that ‘it is of utmost importance to increase the strategic autonomy of the Union’;
Amendment 19 #
2020/2098(REG)
Title XIII a (new) – rule 237 a (new)
Amendment 7 #
2020/2088(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to its resolution of 13 February 2019 on the state of the debate on the future of Europe,
Amendment 8 #
2020/2088(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to its decision of 18 June 2020 on setting up a special committee on foreign interference in all democratic processes in the European Union, including disinformation, and defining its responsibilities, numerical strength and term of office;
Amendment 16 #
2020/2088(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the 2019 European elections registered the highest turnout of the any elections to the European Parliament in the last 20 years, with 50.2 %, ( an increase of eight percentage points compared to 2014), sending a positive signal that European citizens believe that many of their concerns can be addressed at EU level; whereas the 2019 turnout still remains low and more needs to be done to increase participation in EU elections;
Amendment 18 #
2020/2088(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas results of the Eurobarometer survey commissioned by the European Parliament after the European elections shows that the state of the economy and the environment were the two main priorities for voters which clearly indicates that citizens who take part in European elections wish to have more action at the European level in these two policy fields of shared competence between the EU and the national level;
Amendment 21 #
2020/2088(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the relentless engagement of civil society played a crucial role for a pro-European discourse ahead of the European elections;
Amendment 23 #
2020/2088(INI)
Motion for a resolution
Recital C
Recital C
Amendment 38 #
2020/2088(INI)
Motion for a resolution
Recital E
Recital E
E. whereas gender equality among Members of the European Parliament has improved (41 % women in 2019, up from 37 % in 2014); whereas Ursula von der Leyen is the first female President of the European Commission and her Commission has historically the largest share of female Commissioners, with 12 women Commissioners;
Amendment 47 #
2020/2088(INI)
Motion for a resolution
Recital F
Recital F
F. whereas 15 Member States still restrict voting rights for people with disabilities, thus preventing the meaningful participation and representation of these citizens in democratic processes; whereas, due to national rules, an estimated 800 000 EU citizens were not able to exercise their right to vote in the last European elections because of their disabilities or mental health problems;1a _________________ 1aEuropean Economic and Social Committee's information report of 20 March 2019 on 'The real right of persons with disabilities to vote in European Parliament elections'
Amendment 54 #
2020/2088(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the reform of the Electoral Act of 1976, as adopted by the European Parliament in its legislative resolution of 4 July 2018 on the draft Council decision amending the Act concerning the election of the members of the European Parliament by direct universal suffrage, annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20 September 197614 , is still not fully ratified owing to the unwillingness of Germany, Spain and Cyprus to take the last necessary steps in their national legislation, and thereby blocking the evolution of the regulatory framework for European electionby three Member States; _________________ 14 J C 118, 8.4.2020, p. 246.
Amendment 58 #
2020/2088(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the amended Electoral Act, still pending ratification by some Member States, already requires further improvements (i.e. regarding parental leave for MEPs);
Amendment 65 #
2020/2088(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the outcome of the 2019 European elections fragmented political representation in Parliament, leading to increased complexity in the decision- making processhas led to the emergence of a new parliamentary majority composed of different political groups with a clear pro-European identity;
Amendment 68 #
2020/2088(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the 2019 elections failed to culminate in the choice of a Commission President from among the various Spitzenkandidaten, resulting in a backward step from the process which was established in 2014whereas the election of the Commission President depends on securing the support of the majority of Members of the European Parliament;
Amendment 80 #
2020/2088(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the Spitzenkandidaten system needs to be urgently improved and formalised in the EU’s primary law after an in-depth institutional reflection, by taking into account the proportional nature of the European electoral system, and to be ready to be applied at the next European elections in 2024; whereas this reflection should also include the de facto political role of the Commission and its President and any related changes to the decision- making process of the Union;
Amendment 85 #
2020/2088(INI)
L a. whereas the fact that only 8% of EU voters said to have voted in the last elections in order to influence the choice of the next President of the European Commission1a underlines that the process of the selection of the President of the European Commission needs to urgently be clarified and be made more transparent to the voters; _________________ 1a Eurobarometer 91.5, September 2019
Amendment 92 #
2020/2088(INI)
Motion for a resolution
Recital M
Recital M
M. whereas institutional improvements such as transnational lists, as acknowledged by Parliament in its resolution of 7 February 2018 on the composition of the European Parliament, or the transformation of the Council into a second legislative chamber of the Union, as proposed in its resolution of 16 February 2017 on possible evolutions of and adjustments to the current institutional set- up of the European Union, would radicallyhelp to transform the European elections into one trua single European election, as opposed to the collection of 27 separate national elections that it is today;
Amendment 100 #
2020/2088(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the intensified political exchanges in Parliament have also highlighted the shortcomings of several standing procedures such as the hearings of Commissioners-designate, with particular regard to the conditprocess of examination of the declarations of interests and the hearings of the designated European Commissioners by the European Parliament was an important step in increasing the Commission’s for the legal assessaccountability to the European Parliament ofand their applications (e.g. declarations of financial interests) public in general; whereas this process can and should be further improved in the future;
Amendment 103 #
2020/2088(INI)
Motion for a resolution
Recital O
Recital O
O. whereas democratic processes at both Member State and EU levels have been targeted by foreign powers sometimes in connection with internal actors in order to influence the outcome of elections and weaken the Union; whereas the mechanisms put in place by the European institutions, such as the Code of Practice against Disinformation and the Rapid Alert System for elections contributed to the mitigation of foreign interference during the election campaign;
Amendment 107 #
2020/2088(INI)
Motion for a resolution
Recital P
Recital P
P. whereas the Commission’s requests to social media platforms ahead of the elections created confusion and had unintended consequences such as the ban on Europe-wide political advertisements, which is the only way foran important instrument that European political parties use to advertise during European election campaigns; whereas especially on that matter, the institutions should develop an interinstitutional approach in order to have a positive impact on the security and stability of the electoral process;
Amendment 120 #
2020/2088(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note ofWelcomes the higher turnout in the 2019 European elections, which demonstrates that the trend of decreasing voter turnout in Europe can be reversed; recognizes the important role of campaigns led by the EU institutions and civil society organisations to increase the turnout, such as the ‘This Time I’m Voting’ campaign; considers that this higher turnout shows that an increasing proportion of citizens consider the EU to be the appropriate level at which to address the challenges of our time such as climate change and environmental concerns, social and gender inequalities, sustainable growth, and geopolitical concerns such as migration and foreign policy; underlines that the state of the economy and the environment were the two main priorities for voters clearly indicating that citizens who take part in European elections wish to have more action at the European level in these two policy fields of shared competence between the EU and the national level; urges all the European institutions, therefore, to take responsibility and to act upon the mandate they have been given, directly or indirectly, by the citizens; regrets both the lack of decisiveness by the Council and the lack of clear intent to achieve solutions based on a common approach;
Amendment 127 #
2020/2088(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the substantial increase of youth participation in the elections; reiterates its call on the Council and the Commission to take into account their concerns, which are critical for the lives of the next generations; however, expresses concern that only 42% of people aged 16/18 to 24 cast a ballot in the2019 European elections;1a recommends that Member States should consider ways to harmonise the minimum age of voters at 16, in order to further enhance the participation of young voters; reiterates its call on the Council and the Commission to take into account their concerns, which are critical for the lives of the next generations; expresses concern, however, that across the EU almost half of all eligible voters did not cast a vote; stresses that more actions need to be undertaken at a local, regional, national, and European level to incentivise voters to participate in European elections; _________________ 1a Eurobarometer 91.5, September 2019
Amendment 132 #
2020/2088(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deplores the fact that the outcome of the elections did not lead to genuine gender balance in Parliament; recognizes that there are substantial differences between Member States, with some electing more than 50% of women and others which did not elect a single female Member of the European Parliament; calls on Member States and the institutions of the Union to take all necessary measures to promote the principle of equality between men and women throughout the whole electoral process; emphasises in this connection the importance of gender-balanced electoral lists; calls on the Commission, in cooperation with Parliament and other bodies such as the Venice Commission, to formulate recommendations to Member States with a view to increasing the representation of women in the European Parliament by, for example, encouraging national parties to present list of candidates with an equal number of male and female candidates;
Amendment 138 #
2020/2088(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 144 #
2020/2088(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that similar recommendations could be made concerning the exercise of passive and active voting rights of citizens with disabilities; recalls with great concern that in several Member States an estimated 800 000 citizens with disabilities were not able to vote in 2019 because of unsuitable electoral material or infrastructure at polling stations; calls on Member States to guarantee that all those who have the right to vote, including EU citizens living outside their country of origin and prisoners who are granted such a right in accordance with national laws, are able to exercise this right;
Amendment 146 #
2020/2088(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Acknowledges the good organization of the electoral process in the 2019 European elections despite of the uncertainty resulting from the departure of the UK from the EU; Highlights, in this context, the smooth recomposition of the European Parliament after Brexit due to the safeguard clause foreseen in its resolution of 7 February 2018 on the Composition of the European Parliament;
Amendment 159 #
2020/2088(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is of the opinion that the reason why the Spitzenkandidaten process failed to produce a President of the European Commission after the 2019 elections is because no improvements were made to it following the expeformally binding framework for the application of the Spitzenkandidat prience ofiple has been adopted since 2014; intends to strengthen the democratic process for choosing the Commission President before the next European elections of 2024;
Amendment 166 #
2020/2088(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the up-coming joint declaration of the three European institutions on the Conference on the Future of Europe, recalls the commitment by the Commission President to address the issue of transnational lists and the Spitzenkandidaten process as the priority institutional issues during the Conferenceduring the Conference, in accordance with the decisions taken by the Conference itself on the list of priorities to be addressed, and in order to be applicable at the next European election in 2024;
Amendment 175 #
2020/2088(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the election of the Commission President depends on a majority of Parliament’s members, which de facto requires the formation of a coalition; recommends that the election procedure be reverprocess of selection and election of the President of the European Commission should be consolidated, in line with the Lisbon Treaty’s provisions and based son thate Parliament proposes and elects the’s requests to appoint as President of the Commission, after obtaining the consent of the European Council candidate that can be backed by a majority of Parliament’s members, which de facto requires the formation of a programmatic agreement;
Amendment 181 #
2020/2088(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. ConsiderBelieves that the outcome of the European elections has reinforced the political dimension of the election of the European Commission, and therefore the need for more accurate and objective scrutinyEuropean Parliament's examination of the declaration of interests and hearings of the Commissioners-designate was a necessary exercise that increased the democratic accountability of the Commission in front of the Parliament; believes, however, that this process has highlighted the need for a technical and super partes evaluation of the declarations of interests of the Commissioners- designate; calls, to this end, for the creation of an independent body, endowed with the appropriate means, to have thise scrutiny included in its responsibilitiesof the declarations of interests of the Commissioners-designate included in its responsibilities; underlines, however, that the approval or rejection of each Commissioner-designate and of the College of Commissioners should ultimately be a political exercise firmly in the hands of the European Parliament;
Amendment 194 #
2020/2088(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets that the attribution of portfolios in the Commission follows solely a logic where national interests take priority over the European common interest; recalls that Article 17(5) TEU provides for the limitation of the practice of having one Commissioner per Member State; calls on the Council to enact the Treaty provision under article 17(5) TEU;
Amendment 202 #
2020/2088(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Insists that all European voters should be allowed to vote for their preferred candidate for the President of the Commission; reiterates, therefore, that the Spitzenkandidaten should be able to stand as official candidates at the next elections in a joint European constituency across all Member States; stresses that, taking into account the proportional electoral system of the EU, the election of the President of the European Commission should depend on his or her ability to be supported by a majority of Members of the European Parliament;
Amendment 208 #
2020/2088(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that granting European voters a second vote for transnational lists in a joint European constituency, drawn up by European political parties and movements, would contribute to elevate the European elections above purely national campaigns based on national interests, particularly if such lists were headed by the respective Spitzenkandidaten; calls on the Commission and Council, together with the Parliament and in line with the works of the Conference on the Future of Europe, to analyse the possibility of introducing a pan-European constituency for the elections of the European Parliament; stresses that the transnational lists should, if introduced, include rules that ensure gender equality and geographical balance;
Amendment 222 #
2020/2088(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Acknowledges that despite the fact that the agreed reform of the Electoral Law has not yet been ratified by some Member States, further improvements are required, such as provisions for remote voting operationsalternative voting methods, including in defined or exceptional circumstances, in order to incentivise voter turnout, as well as on the elections in the joint European constituency;
Amendment 233 #
2020/2088(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. TExpresses deep concern about the fact that evidence of interferences and disinformation campaigns is continuously coming to light, often with indications of foreign influence, in the run-up to the 2019 European elections; takes note of the efforts by the Commission and other institutions to tackle foreign interference during the electoral campaign; points out, nevertheless, that the financial and human resources needed to counter these attacks on European democracy, including at national level, are many times superior to the combined designated European resources; urges the Commission and the Member States to raise significantly the financing they make available for the fight against foreign interference;
Amendment 242 #
2020/2088(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission and the Council to consider, in accordance with the work of Parliament’s Special Committee on Foreign interference and Disinformation, the urgent creation of a European organisation dedicated to the fight against foreign interference; encourages the Commission and the Council to work much more closely with Parliament on these matters, as the protection of our democratic institutions is a core competence of the European Parliamenttake all necessary measures to combat foreign interference effectively, and to implement the recommendations made by the European Parliament's special committee on foreign interference in all democratic processes in the European Union, including disinformation, as soon as its conclusions are delivered and before the next European elections;
Amendment 246 #
2020/2088(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recognises the important role of European political parties and foundations in fostering a European political debate; points out, however, that owing to restrictive measures at European and national levels, European political parties cannot fully participate in European election campaigns; stresses, moreover, that they are not allowed to campaign in referendums that concern European matters, including international trade agreements or the UK’s 2016 referendum on EU membership; calls for a further alignment of national and EU level legislation in order to level the playing field across the EU for the European elections; proposes that the visibility of European political parties be enhanced by placing their names and logos on the ballot papers, and recommends that the same should also appear on all materials used in European election campaigns;
Amendment 259 #
2020/2088(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that the outcome of the European elections is a clear signal for an in-depth institutional reflection that will allow citizens, civil society and their representatives to shape the future of the Union; underlines that the outbreak of Covid-19 increased the urgency of an institutional reform process on the European level; calls, therefore, on all institutional partners to assume their responsibility and deliver an ambitious framework for the Conference on the Future of Europe, and to follow up on its conclusions in order to achieve significant and tangible changes in the policies and institutional architecture of the EU; considers that following the Covid-19 crisis the Conference on the Future of Europe will represent an opportunity for a deep reflection on the European recovery, notably on the need to readdress the European socio-economic model towards solidarity and cohesion;
Amendment 26 #
2020/2045(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Parliament issued overall positive opinions in 2020 on the requests to extend the EUTFs until the end of 2021, while expressing concerns about the lack of transparency over the implementation of projects, with specific regard to the ones related to border and migration management, and under the condition, in the case of the Africa Trust Fund, of providing mandatory guarantees on the respect of fundamental human rights in all funded projects;
Amendment 29 #
2020/2045(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas there are serious concerns that the EUTFs could have contributed to inhumane and degrading treatment and financed actors that have committed human rights violations, such as in Libya, Ethiopia, Eritrea and Niger;
Amendment 31 #
2020/2045(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the establishment of both the EUTFs and the Facility for refugees in Turkey (FRT) have been justified by the need for a flexible, ad hoc and swift reaction not possible under the classical institutional framework; and the limited resources and flexibility available in the EU budget; whereas the Lisbon Treaty reinforced the role of the European Parliament to bring more coherence and democratic accountability and whereas the extra-budgetary instruments such as the EUTFs, as well as extraordinary tools such as the FRT, pose challenges with respect to democratic accountability, including the role of the European Parliament and also the integrity and unity of the EU budget;
Amendment 36 #
2020/2045(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the 2016 migration crisis stemming from the Syrian conflict brought nearly 4 million refugees to Turkey, of which about 3.6 million are Syrian refugees and about 360 000 are registered refugees and asylum seekers from other countries, according to UNHCR data;
Amendment 39 #
2020/2045(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas the new EU’s external financial framework (NDICI-Global Europe) should overcome the constraints that lead to the need to launch Trust Funds to response in a more flexible and rapid manner to specific crises;
Amendment 40 #
2020/2045(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
D c. whereas the primary objective of the Union development cooperation policy is the reduction and, in the long term, the eradication of poverty as enshrined in Article 208 TFEU;
Amendment 41 #
2020/2045(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
D d. whereas, according to the Financial Regulation, the EUTFs should be subject to an annual external and independent audit and the European Commission has the power to suspend the financing agreement if the third country breaches an obligation relating to respect for human rights, democratic principles and the rule of law and in serious cases of corruption;
Amendment 42 #
2020/2045(INI)
Motion for a resolution
Recital D e (new)
Recital D e (new)
D e. whereas since July 2017, almost €90m has been allocated through the EUTF for Africa to train, equip and support the capacity of the Libyan coastguard for the interception of migrants at sea and land borders and €49m has been allocated to address the conditions in which returnees are detained;
Amendment 43 #
2020/2045(INI)
Motion for a resolution
Recital D f (new)
Recital D f (new)
D f. whereas the European Consensus on Development remains the doctrinal framework for EU development policy, and the European Consensus on Humanitarian Aid reaffirms the fundamental principles of humanitarian aid;
Amendment 44 #
2020/2045(INI)
Motion for a resolution
Recital D g (new)
Recital D g (new)
D g. whereas the EU and its partners in the humanitarian field must be able to ensure assistance and protection based on needs and on respect for the principles of neutrality, impartiality, humanity and independence of humanitarian action, as enshrined in international law and in particular in international humanitarian law;
Amendment 45 #
2020/2045(INI)
Motion for a resolution
Recital E
Recital E
E. whereas Parliament, while acknowledging their value-added, has repeatedly voiced the need for enhanced parliamentary scrutiny of the EUTFs and the FRT and for stronger involvement in the preparation and negotiation of future EUTFs and of the extension of existing EUTFs and other financial instruments in the domain of EU external action; whereas, following the adoption of the 2021-27 MFF and the inclusion of the European Development Fund in the EU budget, Parliament’s demands have gained further relevance and legitimacy, taking into account that the biggest share of contributions to the EUTFs are now coming from the EU budget itself, while contributions from Member States represent a very limited share of the total EUTFs’ budget;
Amendment 52 #
2020/2045(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Points out that pooling resources from the EDF, the Union budget and other donors in trust funds should not alter the ability of existing EU policies and programmes to pursue their original objectives, such as the eradication of poverty and the promotion of fundamental rights;
Amendment 58 #
2020/2045(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the new EU external financing instrument, NDICI-Global Europe, as it foresees increasing possibilities within the EU budget to respond to new emergencies;
Amendment 61 #
2020/2045(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that Committee Chairs and relevant Members have been granted observer status in meetings of the Strategic Boards of the Trust Funds and in the FRT Steering Committee; notes further that this status has not been formally reflected in the Constitutive Agreements of the Trust Funds; regrets that its call to allow Parliament to monitor the activities of the Operational Committee has not been answered and recalls its request to ensure that the Parliament is represented at these meetings;
Amendment 70 #
2020/2045(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Continues to expresses concerns overDeeply regrets the limited role of Parliament in the supervision and scrutiny of the Union contributions to the EUTFs; recalls Parliament’s requestconsiders that the Parliament should be able to monitor the activities of the Operational Committee, and calls on the Commission to provide in good time detailed information on the decisions taken in that Committee and to ensure that Parliament is represented at its meetings;
Amendment 76 #
2020/2045(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s efforts to closely monitor and evaluate interventions, and to generate knowledge about the activities of the EUTFs and of the FRT, through a dedicated set of reports; hails these efforts to achieve greater transparency by publishing relevant data on the web pages of the EUTFs and the FRT; considers, nevertheless, that the level of detail provided by the Commission with regard to projects related to migration and border management has not always been sufficient for the Parliament to adequately assess the implementation of these instruments;
Amendment 79 #
2020/2045(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Regrets the late notice from the Commission on its intention to extend the duration of the EUTFs and the late evaluations of some of the Trust Funds, which did not allow Parliament to arrive at full and precise conclusions in a timely manner in the case of the Trust Fund for Africa;
Amendment 81 #
2020/2045(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that the Parliament considered that, in order to proceed with the extension of the EUTF for Africa and also looking at its future functioning, mandatory guarantees on the respect of fundamental human rights should be provided in all funded projects, with particular attention to migration management, where these have not always been fully respected;
Amendment 83 #
2020/2045(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Reiterates Parliament’s insistence that the extension of the EUTFs until December 2021 agreed by the European Parliament be mainly technical to allow for a smooth transition into the new MFF and allowing for an efficient contracting and use of the funds already committed;
Amendment 87 #
2020/2045(INI)
7. Considers that the Bêkou Trust Fund has proven its value as an important toolcontributed to address the post- conflict situation in the Central African Republic (CAR); notes that the EUTF made a major contribution to the nexus approach of development and humanitarian needs in the CAR;
Amendment 99 #
2020/2045(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
Amendment 100 #
2020/2045(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Considers that despite the intervention of the EU and other donors, the situation in the country remains unstable due to the emergence of new conflicts and severe food insecurity;
Amendment 108 #
2020/2045(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses the importance of ensuring that humanitarian objectives and principles are met and respected in the implementation of actions under the Trust Fund; recalls that the Trust funds’ objectives should be aligned with those of the Union instruments from which they are funded and, therefore, projects funded under the Madad Trust Fund should promote and protect dignity, human rights and fundamental freedoms, promote social and economic inclusion, in particular of minorities and vulnerable groups such as persons with disabilities, refugees and displaced persons;
Amendment 110 #
2020/2045(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Recalls the vulnerability of the Palestine refugee communities in Syria and the region, and calls for continuous support and to their inclusion in EU’s humanitarian plans and responses around the Syria crisis;
Amendment 114 #
2020/2045(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the Trust Fund for Africa represents an importantshould have represented, under the current circumstances, a tool to provide a swift, flexible and targeted response to emerging challenges and underlines that common, global challenges, such as migration and forced displacement, the impact of climate change and economic crises in the context of the ongoing COVID-19 pandemic, make this flexibility and rapidity more necessary than ever; stresses, however, that flexibility needs to be always combined with full transparency and accountability of the decision-making process and underlines that focusing priorities on stopping migration flows has led to dangerous perverse effects and a substantial shift away from the original objectives of reducing poverty and tackling the root causes of migration;
Amendment 124 #
2020/2045(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the fact that the EUTF for Africa has contributed toidentified the goal of the triple humanitarian-development-peace nexus approach, which was not possible with the EU financial instruments under the previous MFF; notes however that this nexus has often been contradicted and overcome by partnership agreements with actors allegedly responsible for violations of human rights, including training of armed forces and border guards and provision of equipment;
Amendment 129 #
2020/2045(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 132 #
2020/2045(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 139 #
2020/2045(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Is deeply concerned that the need to address the root causes of migration, which includes prioritising development and anti-poverty policies, has often been overtaken by a short term perspective of migration management driven by domestic policy priorities. Considers that this could lead to dangerous perverse effects, including violation of human rights in the context of project implementation. Criticizes the nature of certain projects related to migration and border management, for which adequate information has not been provided to the Parliament and retains it essential to have more precise explanation about suspected human rights violations linked to the EUTF in Libya, Ethiopia and Niger;
Amendment 140 #
2020/2045(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Strongly underlines that funds from the European Development Fund (EDF) and Official Development Assistance (ODA) sources must be devoted to the economic, human and social development of the host country, with particular focus on the development challenges identified in the Trust Fund decision; recalls that funding of the EUTF must be implemented and evaluated on the basis of ODA criteria and that all expenses falling outside this requirement have to be funded from different sources that are pooled in the Trust Fund; stresses, in this regard, the importance of pooling resources from diverse and multiple sources and donors, and recalls that leveraging is one of the foremost reasons for the creation of this instrument devoted to such different and heterogeneous ends; condemns any use of EDF and ODA funds for migration management and control or any other actions without development objectives;
Amendment 141 #
2020/2045(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15 d. Deplores that in several projects, founded under the EUTF Africa, the reduction of migration flows, rather than poverty reduction, has been mentioned as an indicator of success. Stresses that there has been a dangerous shift in priorities away from development policies and considers that this shift risks producing imbalances between countries according to their role in managing migration and readmissions;
Amendment 142 #
2020/2045(INI)
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15 e. Notes that in some countries the approval of development projects has taken place in parallel with, and conditional upon, progress in negotiations on return and readmission agreements and strict management of migration flows; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action to address the needs of people in developing countries, the rights of refugees and migrants, and thus also undermines a wide range of rights under the Sustainable Development Goals and moves away from the objectives of tackling inequality and exclusion, promoting democratic governance and human rights, and enhancing sustainable and inclusive development; rejects any kind of conditionality based on EU’s migration and border policies;
Amendment 146 #
2020/2045(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the EUTF for Africa made a major contribution to strengthening resilience and implementing the humanitarian-development nexus in fragile contexts; notes further that it also fostered cooperation between different stakeholders, and allowed contributions from non-EU donors, which in the post- Brexit context have acquired particular importance, and increased the visibility of the issue of migration and forced displacement and the EU’s response to it; regrets at the same time that the monitoring of the implementation of this fund has not been adequate and requests to include S.M.A.R.T. (Specific, Measurable, Achievable, Realistic and Timely) objectives in the project long frames, as well as establish quantifiable targets for evaluating projects;
Amendment 148 #
2020/2045(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Denounces the continuing and impressive human rights violations taking place in Libya in the context of the integrated border management actions; underlines that the Libyan Coast Guard regularly continues to be responsible for serious violations of the human rights of migrants, including failure to respect the principle of non-refoulement; stresses that many of the people rescued or intercepted by the coastguard are returned to arbitrary detention in horrendous and shameful conditions in Libya; underlines that in the context of the Emergency Transit Mechanism there are serious concerns to facilitate the return of refugees to countries in which they are not safe, in violation of the 1951 Convention Relating to the Status of Refugees. Deplores that the EUTF for Africa funded such activities and calls the Commission to suspend this program until there is a real and objective assessment on respect for human rights;
Amendment 151 #
2020/2045(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Welcomes the proposal by the Commission to de-commit funds originating from the EUTF for Africa initially allocated to Eritrea, in particular for the procurement for road renovation that used forced labour;
Amendment 159 #
2020/2045(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Reminds that the EUTF for Colombia is established under the Development Cooperation Instrument, and must be aligned to the primary objective of the development policy of the European Union, which remains “the fight against poverty”; stresses furthermore that the respect for human rights, fundamental freedoms, the promotion of the rule of law, democratic principles, transparency, good governance, peace and stability and gender equality, are essential and part of the Constitutive Agreement establishing the EUTF;
Amendment 176 #
2020/2045(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Regrets the lack of a proper EU responsibility in managing the migration flows and the externalisation of migration management to Turkey; retains that FRT has been established despite the existence of serious concerns about the human rights situation of refugees in Turkey from the perspective of international asylum law; is aware about the role played by FRT in providing support to some 1.8 million of refugees through basic needs support, 668,900 refugee children with educational support, and millions of refugees with healthcare and protection services; expresses its support to Turkish civil society and recalls the laudable efforts played by international organisations in implementing these projects. Considers it important to continue to ensure adequate support for refugees, avoiding that the Turkish government is directly involved in the management and allocation of funds;
Amendment 182 #
2020/2045(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Expresses concerns regarding the degradation of human rights, democratic principles and the rule of law in Turkey and calls on the Commission to ensure that the objectives and the implementation of the FRT are consistent with the EU’s general principles, policies and objectives, including democracy, rule of law and human rights;
Amendment 183 #
2020/2045(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21 c. Deeply regrets that in several occasions the Turkish government used the flows of refugees and the situation of migrants at EU borders as a tool of political pressure against the EU; notes with concern that this tool of pressure used by Turkey posed at risks lives and health of migrants and most vulnerable persons;
Amendment 184 #
2020/2045(INI)
Motion for a resolution
Paragraph 21 d (new)
Paragraph 21 d (new)
21 d. Recalls the importance of a human, solidary and responsible approach towards the refugees and the migration flows; expresses serious concerns for several cases of expulsion and return of migrants and refugees; reminds that no EU funds should facilitate directly or indirectly any forced returns;
Amendment 186 #
2020/2045(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reiterates its request that Turkey respect the principle of non-refoulement, in particular on the Syrian border, and that it not use the flows of refugees against the EUExpresses its concern about the legal status of Syrian refugees in Turkey, stresses the urgency to ensure that the human rights of migrants and refugees as guaranteed by the 1951 Refugee Convention are fully respected and reiterates its request that Turkey respect the principle of non-refoulement, in particular on the Syrian border. Calls the Turkish authorities to lift Turkey’s geographical limitation to the 1951 Refugee Convention so that Syrians can be recognised as refugees;
Amendment 202 #
2020/2045(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Underlines the need to safeguard the humanitarian principles given the involvement of humanitarian aid in the FRT; considers that a strong role of Turkey therein challenges the purely needs-based character and the principles of neutrality, independence and impartiality;
Amendment 206 #
2020/2045(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Considers that a protracted presence of refugees in Turkey needs to build up a nexus between humanitarian assistance and a more developmental focus and help create livelihood opportunities for refugees to improve their self-reliance and social inclusion into their host communities;
Amendment 207 #
2020/2045(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22 c. Regrets that the EU-Turkey statement on refugees is a “de facto” readmission agreement concluded by the EU that has been presented as a statement in order to bypass the legal procedures on the conclusion of readmission agreements set in article79(3) TFEU and the obligation of obtaining prior consent of the EP as required by Article 218 (6)(a)(v) TFEU;
Amendment 208 #
2020/2045(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22 d. Notes that FRT supports only registered refugees, expresses its concerns that many refugees have been left without assistance since registration was made difficult in some provinces and cities;
Amendment 209 #
2020/2045(INI)
Motion for a resolution
Paragraph 22 e (new)
Paragraph 22 e (new)
22 e. Underlines that the European Court of Auditors Special report No 27/2018 expresses just a partial satisfaction with the efficiency of the humanitarian projects financed by the Facility since they did not consistently and comprehensively assess the reasonableness of the budgeted costs. The report also raises concern about the fact that is not possible to monitor all the humanitarian projects during the audit due to the Turkish authorities’ refusal to grant access to beneficiary data for some of the cash-assistance projects;
Amendment 210 #
2020/2045(INI)
Motion for a resolution
Paragraph 22 f (new)
Paragraph 22 f (new)
22 f. Requests therefore the Commission to improve monitoring and reporting, by demanding Turkish authorities to grant implementing partners of cash assistance full access to the data on eligible beneficiaries for the sake of accountability, as well as to set parameters to avoid double-funding for the sake of efficiency, as underlined by the European Court of Auditors Special report No 27/2018;
Amendment 218 #
2020/2045(INI)
23. Underlines the necessity of better addressing the funding needs in situations of humanitarian and protracted crisis and with a view to the coordination and transition between humanitarian relief, reconstruction and development in a flexible and interconnected manner;
Amendment 229 #
2020/2045(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Underlines that any partnership agreement should ensure full protection of human lives, dignity and human rights; deplores that these minimum guarantees were not effectively respected and that migrants and refugees often face inhumane conditions of transfer and detention; calls on the Commission to ensure a transparent risk assessment, carried out by independent EU-bodies and experts on the impact of EU-funded projects on the human rights of migrants and refugees, as well as on the wider population in the country concerned; calls for the establishment of an effective and independent monitoring mechanisms to fully monitor and evaluate the final destination of these funds and protocols for action in the event of violations of fundamental rights;
Amendment 234 #
2020/2045(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Calls on the Commission to withhold or review the cooperation with third countries that do not fully respect fundamental rights, including suspending specific funding and projects which endanger or undermine human rights;
Amendment 235 #
2020/2045(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24 c. Reminds that a trust fund shall only be established and implemented when the existing financing instruments would not be sufficient to achieve policy objectives of the Union, when the Union trust fund would bring clear political visibility for the Union and managerial advantages as well as better control by the Union of risks and disbursements of the Union and other donors’ contributions, when the Union trust fund does not duplicate other existing funding channels or similar instruments without providing any additionality and when the objectives of the trust fund are aligned with the objectives of the Union instrument or budgetary item from which it is funded;
Amendment 236 #
2020/2045(INI)
Motion for a resolution
Paragraph 24 d (new)
Paragraph 24 d (new)
24 d. Insists that the contribution mechanism to any EUTF or ad hoc instrument should be prepared and negotiated with the full involvement of the European Parliament and the contribution from the Union budget should be clearly defined;
Amendment 237 #
2020/2045(INI)
Motion for a resolution
Paragraph 24 e (new)
Paragraph 24 e (new)
24 e. Underlines the need to increase the impact and visibility of EU external spending;
Amendment 238 #
2020/2045(INI)
Motion for a resolution
Paragraph 24 f (new)
Paragraph 24 f (new)
24 f. Calls on the Commission to make the best use of the lessons learnt with the existing EUTFs and the FRT to enhance the synergies and ensure coherence between the EU external funding instruments;
Amendment 255 #
2020/2045(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is confident that the NDICI-Global Europe will allow for increasedsufficient flexibility and responsiveness, allowing to evaluate, with to continue the activities of the existing Trust Funds and thereby safeguard the unhe full involvement of the Parliament, which activities of the existing Trust Funds should continue and which ones should be replaced and thereby safeguard the unity and democratic accountability of the Union budget;
Amendment 267 #
2020/2045(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Calls for more transparency and accountability and a better involvement of the Parliament in the Union trust funds, from the deliberations on the setting-up of any trust fund, the drawing up of the constitutive agreement and the mobilisation of the Union’s contribution, to the implementation, continuation and possible liquidation of any trust fund; calls for a revision of the relevant articles of the Financial Regulation in this respect;
Amendment 272 #
2020/2045(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Considers that partnerships and consequent allocations of resources should not be conditional on the cooperation with the EU’s demands regarding returns and readmission or border management; insists that the EU should work with its partners to develop a political environment of democratic accountability, with the participation of local communities in decision-making processes regarding the use of funds;
Amendment 282 #
2020/2045(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Acknowledges that cooperation with representatives of local communities, including locallocal communities and stakeholders, including local government bodies, civil society organisations, NGOs, trade unions and religious leaders, in settings affected by conflict is crucial to foster reconciliation, dialogue and peace;
Amendment 1 #
2020/2041(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that Europe and Africa are in close geographical proximity, have strong, historical and, cultural ties andand socio- economic ties, which are being brought ever closer by the increase in strade and shared challengestegic interests, such as climate change, sustainable development, and good governance, and that the prosperity of the two continents are intimately linked, which call for an holistic continental- African approach and result-oriented use of EU resourcfor increased coherence between EU policies and the use of the related resources, while at the same time respecting the independence and sovereignty of African countries;
Amendment 1 #
2020/2041(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the particularly close historical ties binding the European Union (EU) and Africa, and the EU’s major contribution both in terms of development aid1 and in the smooth functioning of the Afat an equal and sustainable cooperation based on political dialogue, joint ownership, solidarity and mutual confidence is paramount for tackling common challenges and achieving shared goal. Recalls that the EU is the world’s leading donor of development and humanitarican Union (AU)2; _________________ 1 EUR 19.6 billion, 46%aid and that the Union's action ofn the overall total (2018)https://ec.europa.eu/commission/pr esscorner/detail/en/qanda_20_375 2USD 327 million, 42% of its budget, E- 003478/2018international scene shall be guided by the principles of democracy, the rule of law, respects of human rights, the principles of equality and solidarity;
Amendment 11 #
2020/2041(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates the importance to respect human rights and fundamental freedoms and the principles of Article 21 of the Treaty on the Functioning of the European Union (TFEU); calls for the African Union, the European Union and their member states, for a more robust cooperation in the fields of the promotion and protection of human rights, and human rights defenders, and to deliver full political and financial support to their respective human rights mechanisms;
Amendment 15 #
2020/2041(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Underlines that it is important to step up synergies and coherence between all the legal and political frameworks on which EU-Africa relations are based on in order to make the partnership more effective and sustainable; welcomes the proposal for a pan-African programme in the context of the new Neighbourhood, Development and International Cooperation Instrument (NDICI) aimed at addressing the challenges of the African continent as a whole;
Amendment 15 #
2020/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. CRecognises that corruption is a complex global phenomenon which hampers efforts aimed at promoting democratic governance, socio-economic transformation, sustainable development, peace and security and may lead to many human rights violations; calls for the strengthening of efforts to combat corruption and staggering inequalities – constituting as it does a major obstacle to effective development, preventing Africa’s peoples from fully benefiting from the effects of joint EU-AU policies – to be taken into account in the comprehensive strategy with Africa; recommends EU and AU to better implement and enforce the existing national and international anti- corruption instruments and to make use of new technologies and digital services; highlights that the fight against corruption should also include measures to fight money-laundering, tax evasion and illicit financial flows;
Amendment 20 #
2020/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that the process of sustainable development on the African continent is of key importance for the prosperity, stability and human security of both the EU and Africa; in this context recalls that the achievement of Sustainable Development Goals (SDGs) and the respect of human rights have to remain the main objectives of EU-African relations;
Amendment 20 #
2020/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 31 #
2020/2041(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights that managing migration and mobility within Africa and between Africa and EU requires a common approach that must be founded on the principles of solidarity, partnership, shared responsibility and mutual accountability and guided by the respect for human rights and international and maritime law. This approach should also include common strategies to address and effectively tackle the root causes of forced displacement and migration; calls on the EU to further develop an effective resettlement policy and to Member States to make all the necessary efforts to offer their resettlement places to a meaningful number of refugees.
Amendment 41 #
2020/2041(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 49 #
2020/2041(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Underlines the need to guarantee fair and accessible asylum procedures for people in need of international protection both in the EU and in African countries; recalls that mass expulsions and refoulement are prohibited under EU and international law principles; emphasises that returns should only be carried out safely after the assessment of each individual case and the undertaking of complaints procedure and that voluntary returns should always be prioritised over forced returns.
Amendment 56 #
2020/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports the digitisation and modernisation of public administration in African countries, in particular with a view to developing reliable civil registration agencies andproviding for equal access and equal opportunities for all citizens, thus stabilising democracy; calls for the strengthening of efforts to promoting data exchange so as to combat terrorism, transnational and organised crime;, including cybercrime and trafficking in human beings; all data exchanged must be subject to relevant data protection and privacy laws
Amendment 57 #
2020/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that Africa is still undergomaking steps forward ing the process of integration at regional, continental and international level and that as yet 54 African; therefore stresses the need for a countries remain divided and diversified in areas of key strategic importance to the EU, such as meeting internationally recognised standardinent-to-continent partnership between the European Union and the African Union; stresses that the partnership should be based on common interests and praobjecticves in trade, human rights, sustainable development and positioning in international organisations; ; recalls that developing this EU-AU partnership would enable further regionalisation and should be considered as an option for ACP relations post-Cotonou;
Amendment 66 #
2020/2041(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes Africa’s sustained economic growth; calls, therefore, on the AU to do its utmost to guarantee a decent future for its young people, the main driving force behind the continent’s development4 , and thus to contribute to stopping the arrival of unaccompanied minors in Europe and to cooperate in readmitting those eligible for return; _________________ 4 62% of sub-Saharan Africa’s population is under 25 years of age https://population.un.org/wpp/Publications/ Files/WPP2019_Highlights.pdf
Amendment 74 #
2020/2041(INI)
5a. Emphasises the pivotal role played by civil society, worldwide in supporting democracy and consolidating the political dialogue; stresses the need to increase the participation of civil society organisation - including NGOs in the EU-Africa Strategy process.
Amendment 77 #
2020/2041(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 9 March 2020 entitled ‘Towards a comprehensive strategy with Africa’ (JOIN(2020)0004); which underlines the universality, indivisibility, interdependence and interrelated nature of all human rights and affirms EU and African commitments to promote and protect them; calls for strong and constant EU engagement in thehuman security, stability and sustainable development of Africa; stresses the importance of including the principles of transparency and good governance in the EU-Africa Strategy and its planning, implementation and evaluation;
Amendment 84 #
2020/2041(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the security and interests of bothe European and African continent and itstheir citizens to be taken into account.
Amendment 87 #
2020/2041(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the importance of a true inclusion of international and local civil society organisations, non-governmental organisations (NGOs), parliamentary assemblies, the diaspora, trade unions, youth organisations, the private sector and local authorities in consolidating the political dialogue between the EU and Africa; calls on the AU and the EU to ensure unfettered civil society access to African and European institutions and their human rights mechanisms; further insists on the importance of creating an enabling environment for civil society and addressing an increasing crackdown on human rights defenders;
Amendment 94 #
2020/2041(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recalls the AU and the EU’s joint commitment to collaborate on the global human rights agenda; calls on AU and EU institutions to prioritise cooperation at multilateral human rights fora and to act robustly in defence of crucial human rights gains at multilateral level; to this end, calls them to develop concrete strategies to counter the recent pushback on existing human rights norms at multilateral fora, including the universality and indivisibility of human rights; reminds EU and AU member states that they must deliver full political and financial support to their respective human rights mechanisms and ensure these, together with a strong and independent civil society, can guarantee delivery and further progress on human rights for all in Africa and Europe;
Amendment 144 #
2020/2041(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Shares the opinion that the matter of the security of Africa should be transferred into the handsAfrican states and regional institutions must have the leading role in matters relating to the security of Africans and that the EU should assissupport its African partners in the successful accomplishment of this ultimate goal., by tackling the root causes of human insecurity, as well as including by implementing a conflict prevention, do no harm and policy coherence approach in all aspects of its relationship with Africa, and by supporting the role of civil society actors in peacekeeping and peace- building efforts;
Amendment 161 #
2020/2041(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls, in the context of counter- terrorism policies, on the establishment of more transparent decision-making processes, increased general awareness about a human rights-based approach and more engagement with communities affected by these measures;
Amendment 164 #
2020/2041(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recognises the complex challenges and opportunities migration movements play both in Europe and Africa for the prosperity and the development of both continents; calls on the AU, the EU and their member states to adopt an approach to migration policies that puts human rights of refugees and migrants at their heart; calls them to ensure AU-EU migration related cooperation promotes human rights and the respect of international commitments, including by expanding and promoting legal pathways to Europe and within Africa; secure and promote the asylum space and rights- based migration in both EU and AU countries through legislative and policy reforms, including establishing greater transparency and accountability in migration related programmes and funding;
Amendment 170 #
2020/2041(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Rejects any kind of conditionality on External Financial Instruments(EFIs) based on EU’s migration and border policies; is opposed to EFIs being used to control and manage migration flows in Africa and calls for effective mechanisms to be put in place to be able to thoroughly control the final destination of those funds and to assess the projects which received funding;
Amendment 2 #
2020/2012(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that the security and defence policies of the European Union and its Member States are guided by the principles enshrined in the European Charter of Fundamental Rights and those of the United Nations Charter, and by a common understanding of the universal values of the inviolable and inalienable rights of the human person, of freedom, of democracy, of equality and of the rule of law; highlights that all defence- related efforts within the Union framework must respect these universal values whilst promoting peace, security and progress in Europe and in the world;
Amendment 7 #
2020/2012(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that a Union framework regulating the use of artificial intelligence (AI)-enabled systems in defence must respect all applicable legal regimes, in particular the international humanitarian law and the international human rights law, and be in compliance with Union law, principles and values; stresses that the EU should play a global role in leading the way towards a credible and binding AI regulatory agenda rooted in democratic values; calls on the Union to assess the inherent AI-related risks with regard to the application of Union law, and foresee necessary adjustment and enforcement where needed; underlines that emerging technologies not covered by international law should be judged by the principle of humanity and the dictates of public conscience; underlines that the ethics of AI-enabled systems in defence must be assessed from the point of view of Human rights, and notably human safety, health and security, freedom, privacy, integrity and dignity;
Amendment 14 #
2020/2012(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that the geographical scope of such a framework should cover all the components of artificial intelligence, robotics and related technologies developed, deployed or used in the Union, including in cases where part of the technologies might be located outside the Union or not have a specific location;
Amendment 36 #
2020/2012(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights that, based on a human- centric approach, the Unionwhereby technology fully respects Human Rights and humans retain authority over automated decision- making systems, the Union needs a robust AI regulatory framework focused on security and defence, followsing a path of responsibility, of protecting our citizens, and of defending our values, that its policies aim at preserving peace, preventing conflicts and strengthening international security, whilst seizing the opportunities that those technologies offer;
Amendment 47 #
2020/2012(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines that the Union must be at the forefront of mastering those technologies by establishing well defined processes for their use, for understanding the related ethical aspects and for fostering an effective international regulatory framework that contains the inherent risks of these technologies and prevents use for malicious purposes; the Union working together with the Member States must determine the appropriate liability regimes applicable to innovations in AI and other immersive technologies in the field of security and defence thus establishing a legal basis for accountability and traceability mechanisms, those include in particular unintended harm to persons, be it material or immaterial, such as breach of fundamental rights;
Amendment 57 #
2020/2012(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that for any defence application of AI enabled systems, the Union should set technical and organisational standards to ensure their resilience against cyber-attacks and digital influence, as well as their compliance with the highest possible trustworthiness standards as regards the collection and exploitation of operational datareliability standards, active monitoring and supervision as regards the collection and exploitation of operational data; AI systems and applications intended to extract and synthesise data, and extrapolate results therefrom to inform decisions for matters relating to defence and national security, must be specific in scope and comply with the provisions set out in the current regulatory framework in terms of gathering and processing data; stresses that AI applications designed to process data for intelligence purposes in defence related activities should comply with data processing standards to avoid risks of unintended surveillance or infringement of individual rights; believes that for high-risk applications of AI-enabled technologies like facial recognition which lack a definitive regulatory framework at the EU level, the Union must ensure that their development and deployment is rightful, proportional and respects the rights of individuals; stresses the importance of monitoring competent national law enforcement authorities which develop and deploy AI-enabled systems and technologies to maintain public order so as to mitigate the disproportional risks of predictive policing;
Amendment 68 #
2020/2012(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the need to adopt clear safety and security provisions and requirements, with proper certifications, for AI-systems in defence, and carry ourt constant monitoring, regular tests and verifications across the entire life cycle; underlines the necessity of ensuring compliance with applicable standards and obtained certifications where AI modifies e.g. through machine learning the functionality and behaviour of systems in which it is integrated, in order to ensure full traceability of decisions made with involvement of AI;
Amendment 81 #
2020/2012(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresseds that all AI-systems in defence must have a concrete and well- defined domain of use and must be endowed withwhereby humans retain the abilitgency to detect and, disengage or diseactivate deployed systems should they move from their domain of use or engage in any escalatory or unintended action;
Amendment 85 #
2020/2012(INL)
Draft opinion
Paragraph 9
Paragraph 9
9. Underlines that the entire responsibility for the decision to design, develop, deploy and use AI-systems must rest on human operators and, as there must be meaningful human control over any weapons system and human intent in the decision to use force; underlines that the human-in- the-loop principle must also be applied to the command and control of AI- enabled systems; stresses that AI-enabled systems must allow the military leadership to assume its full responsibility and exercise the necessary level of judgmentaccountability for the use of lethal force and exercise the necessary level of judgment, which cannot be endowed to machines as it must be based on distinction, proportionality and precaution, for taking lethal or large-scale destructive action bey means of such systems; recalls in this respect its position on a ban on the development, production and use of fully autonomous weapons systems enabling strikes to be carried out without meaningful human intervention;
Amendment 94 #
2020/2012(INL)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that the EU must take the lead in promoting the establishment of international norms regarding the ethical and legal parameters of the development and use of fully autonomous, semi- autonomous and remotely operated lethal weapons systems; Member States should develop national strategies for the definition, status and use of lethal autonomous weapons (LAWs) towards a comprehensive strategy on the EU level;
Amendment 103 #
2020/2012(INL)
Draft opinion
Paragraph 10
Paragraph 10
10. Underlines that the Union must promote understanding of the military implications of AI, of robotics and of autonomy; considers that the Union needs to promote the acquisition of the necessary skills and knowledge on technology development processes and operational methods throughout the supply chain and over the full lifecycle of AI-enabled military capabilities;
Amendment 116 #
2020/2012(INL)
Draft opinion
Paragraph 11
Paragraph 11
11. Stresses the need to overcome the current fragmentation within the Union as regards national AI-related law, research, innovation and expertise in the area of AI, which puts in jeopardyendangers the functioning of the internal market and the objective to ensure trustworthyreliable and secure development of AI in Europe; in this respect welcomes the inclusion of AI- related projects under the European Industrial Development Programme (EDIDP); believes that the future European Defence Fund (EDF) and the Permanent structured cooperation (PESCO) also offer well adapted frameworks for future AI- related projects that would help to better streamline Union efforts in this field; stresses that AI-related projects should be synchronized with the wider EU civilian programmes devoted to AI; notes that in line with the European Commission’s White Paper on AI (COM2020/65final) excellence and testing centres concentrating on research and development of AI in the field of security and defence should be established with vigorous specifications underpinning the participation of and investment from private stakeholders;
Amendment 121 #
2020/2012(INL)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Emphasises that the development of AI that respects fundamental rights and supports the public interest requires the strategic pooling and sharing of data in the EU between private and public entities, as well as the strengthening of an EU AI ecosystem, which involves public, private, and civil society stakeholders; calls on the European Commission to foster dialogue among Member States, researchers, academics, civil society actors and the private sector so as to have inclusive policymaking processes when it comes to defence-related AI regulations;
Amendment 133 #
2020/2012(INL)
Draft opinion
Paragraph 12
Paragraph 12
12. Calls on the European Commission and on the VP/HR to present, also as part of an overall approach, a sectoral AI strategy for defence-related activities within the Union framework, that ensures both respect for citizens’ rights and EU’s strategic interests that should propose a consistent regulatory approach spanning from the inception of AI-enabled systems to their military uses; calls on these regulatory efforts to be supported by meaningful monitoring schemes, so that normative frameworks are not outplaced by technological development and new methods of warfare; calls on the Council, the European Commission and on the VP/HR to enter in a structured dialogue with the European Parliament to that end.
Amendment 6 #
2020/2003(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to UN Resolution 2216 (2015) on arm embargo to Yemen and the OHCHR report A/HRC/39/43 on the Situation of human rights in Yemen, including violations and abuses since September 2014,
Amendment 8 #
2020/2003(INI)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
- having regard to UN Security Council resolution 2473 (2019)adopted on 10 June 2019 which renewed measures designed to implement the arms embargo against Libya and to the United Nations Support Mission in Libya (UNSMIL) statement of 25 January 2020 on continued violations of arm embargo in Libya,
Amendment 11 #
2020/2003(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the UN Sustainable Development Goal 16, aiming at the promotion of peaceful and inclusive societies for sustainable development 14a _________________ 14a https://sustainabledevelopment.un.org/sdg 16
Amendment 13 #
2020/2003(INI)
Motion for a resolution
Citation 22
Citation 22
— having regard to its resolutions on the humanitarian situation in Yemen of 25 February 201620 , 15 June 201721 and 30 November 201722 , on the killing of journalist Jamal Khashoggi in the Saudi consulate in Istanbul of 25 October 2018; on Egypt of 24 October 2019, on the UAE, notably the situation of human rights defender Ahmed Mansoor of 4 October 2018, _________________ 20 OJ C 35, 31.1.2018, p. 142. 21 OJ C 331, 18.9.2018, p. 146. 22 OJ C 356, 4.10.2018, p. 104.
Amendment 15 #
2020/2003(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
- having regard to the EU Foreign Affairs Council conclusions of 21 August 2013 on Egypt,
Amendment 20 #
2020/2003(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the latest SIPRI figures show that EU-28, is the second arm exporter to both Saudi Arabia and the United Arab Emirates; whereas according to the UN Group of Regional and International Eminent Experts, parties to the armed conflict of Yemen have perpetrated, and continue to perpetrate, violations and crimes under international law;
Amendment 22 #
2020/2003(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas a new arms race in the world is growing and the major military powers no longer rely on arms control and disarmament to reduce international tensions and improve the global security environment;
Amendment 26 #
2020/2003(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the EU FAC conclusions of 21 August 2013 stated that ‘Member States also agreed to suspend export licenses to Egypt of any equipment which might be used for internal repression and to reassess export licenses of equipment covered by Common Position 2008/944/CFSP and review their security assistance with Egypt’; whereas companies based in several EU Member States have continued to export arms, surveillance technology and other security equipment to Egypt, thus facilitating hacking and malware as well as other forms of attacks on human rights defenders and civil society activists both physically and online; whereas this activity has led to the repression of freedom of expression online;
Amendment 27 #
2020/2003(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas in an increasingly unstable multipolar world, where nationalist, xenophobic and anti- democratic forces are on the rise, it is vital for the European Union to become an influential player on the world stage and to keep its leading role as a global “soft power” committed to the disarmament of conventional and nuclear weapons, investing in conflict prevention, crisis management and mediation before military options are considered;
Amendment 32 #
2020/2003(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas there is an international arms embargo in place against the Iranian-backed Houthi forces and, according to the 21st EU Annual Report on Arms Exports, EU Member States have continued to authorise transfers of arms to Saudi Arabia and UAE since the escalation of the conflict in Yemen, in violation of Council Common Position 2008/944/CFSP of 8 December 2008 on arms export control;
Amendment 33 #
2020/2003(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Amendment 36 #
2020/2003(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas military transparency measures such as reporting on arms export contributes to cross-border trust- building;
Amendment 46 #
2020/2003(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls for an EU-wide ban on the export, sale, update and maintenance of any form of security equipment to Saudi Arabia, UAE and Egypt which can be or is used for internal repression, including internet surveillance technology; expresses its concern at the ever- increasing use of certain cybersurveillance dual-use technologies against activists and journalists; welcomes, in this regard, the EU institutions’ ongoing efforts to update the dual-use export control regulation;
Amendment 47 #
2020/2003(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
Amendment 56 #
2020/2003(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the German government’s decision to extend for the third time after the killing of Saudi dissident Jamal Khashoggi in 2018, the arms embargo on Saudi Arabia, which will now last until December 31, 2020;
Amendment 57 #
2020/2003(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Reiterates its calls on the EU Member States to follow up on their 21 August 2013 conclusions on Egypt announcing the suspension of export licences for any equipment which might be used for internal repression in line with Common Position 2008/944/CFSP, and condemns the persistent non- compliance of EU Member States with these commitments; calls on them therefore to halt exports to Egypt of arms, surveillance technology and other security equipment that can facilitate attacks on human rights defenders and civil society activists, including on social media, as well as any other kind of internal repression; calls on the VP/HR to report on the current state of military and security cooperation by Member States with Egypt; calls for the EU to implement in full its export controls vis-à-vis Egypt with regard to goods that could be used for repression, torture or capital punishment;
Amendment 65 #
2020/2003(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deplores the fact that Member States use very different information in order to generate data on the value of licences, which renders the annual report considerably less consistent and usable as a comparative data set and serves to diminish its transparency and accountability before citizens and parliaments; urges France, in particular, to refrain from submitting data on the value of licences at pre-contract stage and broad values for global licences, which undermines the comparability of the report;
Amendment 82 #
2020/2003(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the renewed extension of the moratorium on arms exports towards Saudi Arabia by Germany until the end of 2020 as well as the decisions by several Member States to enforce full restrictions when it comes to arms exports towards Saudi Arabia; reiterates its call of 13 September 2017 regarding the urgent need to impose an arms embargo on Saudi Arabia;
Amendment 86 #
2020/2003(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Condemns the increasing arms race in the world and calls on the world major military powers, largest producers and exporters of weapons to foster dialogue, multilateralism and disarmament of conventional and nuclear weapons;
Amendment 88 #
2020/2003(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
Amendment 118 #
2020/2003(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Member States to follow the example of Germany, Finland and Denmark that after the killing of the journalist Jamal Khashoggi adopted restrictions on their arms exports to Saudi Arabia;
Amendment 120 #
2020/2003(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Deeply regrets the continued blatant violations of the arms embargo in Libya, even after the commitments made in this regard by concerned countries during the International Conference on Libya in Berlin, held on 19 January 2020; Calls on all the Member States to halt all transfers of weapons, surveillance and intelligence equipment and material to all the parties involved in the Libyan conflict notably to Saudi Arabia, UAE and Egypt;
Amendment 127 #
2020/2003(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that the ambition to increase the competitiveness of the European defence sector must not undermine the application of the Common Position’s eight criteria as they take precedence over any economic social, commercial or industrial interests of Member States;
Amendment 128 #
2020/2003(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Emphasises that arms exports must not be carried out for economic reasons but for foreign and security policy objectives. Respect for human rights, good governance and the prohibition on supplying arms to conflict regions are essential in the case of granting export licences. Arms exports have to be assessed against the sustainable development of a country;
Amendment 141 #
2020/2003(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Welcomes the EU activities aiming at supporting the universalisation of the Arms Trade Treaty(ATT), in particular the assistance to third countries in improving and implementing effective arms control systems in line with the Common Position; calls the major arms exporting countries, such as the USA, China and Russia, to sign and ratify the Treaty;
Amendment 185 #
2020/2003(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that under the EPF, Member States and the European External Action Service (EEAS) will work on creating an EU-level system for arms transfers to third countries; asks for a detailed list of equipment transferred to third countries under the Facility to be published;
Amendment 190 #
2020/2003(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to keep Parliament properly informed about the use of EU funds for all research and development projects associated with the construction of drones; urges the VP/HR to ban the development, production and use of fully autonomous weapons, which enable strikes to be carried out without human intervention;
Amendment 216 #
2020/2003(INI)
Motion for a resolution
Paragraph 19 – point a
Paragraph 19 – point a
a) to add the following additional categories in a revised reporting template in order to implement the recent September 2019 Council conclusions: the exact type of weapon and the quantity exported, denomination of the munitions, the lot size and the specific end-user, revoked licences, and the value and duration of contracts regarding post-delivery services such as training and maintenance; to align the EU definition of small arms with the broader UN definition so that, for example, pistols and sniper rifles are also included in this category;
Amendment 222 #
2020/2003(INI)
Motion for a resolution
Paragraph 19 – point c
Paragraph 19 – point c
c) to clarify definitions such as licensed value and actual exports so as to facilitate the comparability of data between Member States; Licences for production in third countries should no longer be granted if this would allow the eight criteria of the Common Position or other EU arms export directives to be circumvented;
Amendment 225 #
2020/2003(INI)
Motion for a resolution
Paragraph 19 – point c a (new)
Paragraph 19 – point c a (new)
c a) to extend the post-shipment controls to all arms exports, including large military equipment; Member States are to submit a regular post-shipment report;
Amendment 248 #
2020/2003(INI)
Motion for a resolution
Paragraph 21 – point b
Paragraph 21 – point b
b) to follow the example of the UK in this regard by publishing risk assessments in the annual reports; and to publish all final arms export licences on the Internet; the validity of export licences should be limited to two years in order to be able to react to changing political situations;
Amendment 253 #
2020/2003(INI)
Motion for a resolution
Paragraph 21 – point c
Paragraph 21 – point c
c) to undertake a joint assessment of country situations or potential export recipients in the light of the principles and criteria of the Common Position within the framework of the CFSP and in consultation with external stakeholders, including Parliament; to regularly update list of third countries complying with the criteria as led down in the Common Position;
Amendment 260 #
2020/2003(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes that the EU institutions should organise peer reviews with a view to encouraging authorities to share best practices on the collection and processing of data, fostering a better understanding of different national approaches, identifying differences as regards the interpretation of the eight criteria, and discussing ways to improve harmonisation and consistency;
Amendment 266 #
2020/2003(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Strongly believes that a more consistent implementation of the EU Common Position is essential for the EU credibility as a value-based global actor and that much higher level of convergence as regards the strict application of the criteria will strengthen human rights, international law and the CFSP, and bolster the EU’s strategic security interests and strategic autonomy;
Amendment 276 #
2020/2003(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that effective end-use controls are crucial for a responsible export policy and for lowering the risk of diversion in particular; calls on the Council, the Member States, the EEAS and the Commission to set up a large-scale training and capacity-building programme for national and EU officials on arms export controls; stresses the need to use EU funding to ensure that sufficient staff resources are available at national and EU levels and at delegations and embassies in importing countries for the purposes of implementing viable end-use controlrisk assessments, end-use controls and post-shipment verifications; calls on the EEAS and COARM to report on iTrace any identified diversion of EU- origin goods as part of the annual report;
Amendment 284 #
2020/2003(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes that the increasing Europeanisation of arms production, the recent Council conclusions on convergence in arms exports and the establishment of the EPF should be complemented by a mechanism for EU-level monitoring and control based on strict compliance with the eight criteria; calls on steps to be taken for the setting-up of an EU mechanism of sanctions for Member States infringing the Common Position;
Amendment 290 #
2020/2003(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Believes that “pooling and sharing” and more cooperation in arms policy and procurement policy are only possible if strict export controls, mutual information and regular parliamentary scrutiny, as well as strong sanction mechanisms in the event of non- compliance with common rules, are binding. Further demands that the European Parliament - alongside the national parliaments - be able to guarantee parliamentary control over the EU’s common security and defence policy and its budget;
Amendment 298 #
2020/2003(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers that regular consultations with the European Parliament, national parliaments, arms export control authorities, industry associations and civil society are central to meaningful transparency; calls on national parliaments to exchange best reporting and oversight practices in order to enhance the scrutinising role of all national parliaments in the decisions on arms control exports; calls on COARM to enhance dialogue with civil society and consultations with Parliament and arms export control authorities; encourages civil society and academia to exercise independent scrutiny of the arms trade and calls on the Member States and the EEAS to support such activities, including by financial means;
Amendment 6 #
2020/2002(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to the Joint Declaration of the heads of the member states of the Group of Five for the Sahel (G5 Sahel) and the President of the French Republic made at the summit of 13 January 2020 held in Pau, France (the Pau Declaration) and the Joint Declaration of 28April 2020 made by the members of the European Council with the Member States of the G5 Sahel,
Amendment 11 #
2020/2002(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to its resolution of 5 July 2018 on Somalia,
Amendment 13 #
2020/2002(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the United Nations Sustainable Development Goals, and with special attention to SDG 16, aiming at the promotion of peaceful and inclusive societies for sustainable development,
Amendment 16 #
2020/2002(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
- having regard to the United Nations Secretary General’s appeal for a global ceasefire in the context of the Covid-19 pandemic,
Amendment 35 #
2020/2002(INI)
Motion for a resolution
Recital A
Recital A
A. whereas security is a precondition for development; whereas human security is a precondition for lasting peace and stability; whereas a strong nexus between security, development, and humanitarian intervention is essential for the sustainable development of the Sahel, West Africa and Horn of Africa regions; whereas without development and poverty eradication, there will be no sustainable peace; whereas in order to ensure its security and sustainable development, each country must have or acquire adequate capacities in all essentialkey sectors, including security and defence and whereas this will not only stabilise that country, but will also enable it to contribute constructively to peace, stability and crisis prevention in its region;
Amendment 40 #
2020/2002(INI)
Motion for a resolution
Recital A
Recital A
A. whereas security is a precondition for development; whereas without development and poverty eradication, there will be no sustainable peace; whereas in order to ensure its security and development, each country must have or acquire adequate capacities in all essential sectors, including security and defence and whereas this will not only stabilise that country, but will also enable it to contribute constructively to peace, fight against impunity, stability and crisis prevention in its region;
Amendment 49 #
2020/2002(INI)
Motion for a resolution
Recital B
Recital B
B. whereas from the Atlantic Ocean in the west to the Red Sea and the Indian Ocean in the east, Africa is struggling to contend with challenges, such as historical underdevelopment compounded by the destruction of the traditional agro-pastoral economy as a result of climate change, massive exploitation of natural resources by foreign countries and companies, population growth and deforestation; whereas another major challenge is the emergence of new forms of mafia economy, including human and drug trafficking and the uncontrolled export of gold deposits, which, combined with the abandonment, inefficiency and corruption of the administration, is producing a hybridisation between terrorist groups, traffickers and traditional community and regional conflicts, with the phenomenon of jihadist religious extremism appearing as a false response for the societies concerned;
Amendment 52 #
2020/2002(INI)
Motion for a resolution
Recital B
Recital B
B. whereas from the Atlantic Ocean in the west to the Red Sea and the Indian Ocean in the east, Africa is struggling to contend with challenges, such as historical underdevelopment compounded by the destrucabilisation of the traditional agro- pastoral economy as a result of climate change, population growth and pressure on the natural and environmental resources such as deforestation; whereas another major challenge is the emergence of new forms of mafia economy, including human and drug trafficking and the uncontrolled export of gold deposits, which, combined with the abandonment, inefficiency and corruption of theweak governance, rising inequalities and lack of trust in governments and public administration, is producing a hybridisation between terrorist groups, traffickers and traditional community and regional conflicts, with the phenomenon of jihadist religious extremism appearing as a false response for the societies concerned;
Amendment 60 #
2020/2002(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas billions of dollars’ worth of gold is being smuggled out of west African countries every year through the United Arab Emirates in the Middle East; whereas according to the United Nations the Somali extremist group Al Shabaab generates millions of dollars in revenue off exports of charcoal to Iran and then the United Arab Emirates, in violation of UN sanctions;
Amendment 70 #
2020/2002(INI)
Motion for a resolution
Recital C
Recital C
C. whereas poverty and insecurity feed off each other and push young people to migrate to Europe in search of a better life, impoverishing states by depriving them of their best human resourcescombined with other factors such as bad governance, corruption and lack of employment opportunities, particularly affect young people and the possibilities given to them, thus pushing many to migrate;
Amendment 83 #
2020/2002(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Amendment 100 #
2020/2002(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the EU is also supporting the establishment and operationalisation of the G5 Sahel Joint Force;
Amendment 109 #
2020/2002(INI)
Motion for a resolution
Recital G
Recital G
G. whereas after years of training, the above-mentioned EU missions have been hampered in their sustainability and effectiveness due to restrictions on their mandate, training programmes, and a lack of basic equipment, including weapons, ammunition and vehiclessustainability plans and local ownership;
Amendment 111 #
2020/2002(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas any training, financing, or equipping of security forces in third countries should abide by European fundamental values and human rights law;
Amendment 117 #
2020/2002(INI)
Motion for a resolution
Recital H
Recital H
H. whereas these restrictions have allowed third countries, notably Russia, China, United Arab Emirates, Saudi Arabia and Turkey, to fill the void left by the European Union by supplying such equipment;
Amendment 118 #
2020/2002(INI)
Motion for a resolution
Recital H
Recital H
H. whereas these restrictions have allowed third countries, notably Russia, China and Turkey, to fill the void left by the European Union by supplying such equipment have increased their supply of weapons and ammunitions to countries of the region;
Amendment 119 #
2020/2002(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas in 2017 China’s Communist Party formally adopted in National Party Congress the Belt and Road Initiative (BRI) with an announced investment as high as $8 trillion for a vast network of transportation, energy, and telecommunications infrastructure linking Europe, Africa, and Asia; whereas China is a major stakeholder in Africa's economy with a significant influence on many aspects of the continent's affairs;
Amendment 120 #
2020/2002(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas over the last decade, the UAE has gradually increased its presence in the Horn of Africa, using development and humanitarian projects to boost its geostrategic prominence particularly in the Gulf of Aden; whereas Somalia has urged the United Nations Security Council to take action against the construction of a United Arab Emirates (UAE) military base in Somaliland;
Amendment 121 #
2020/2002(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas Turkey has spent years building trust in the Horn of Africa as it seeks to increase its influence particularly in the Red Sea region; whereas Turkish companies still manage Mogadishu's main seaport, airport and even provide military training for Somali government soldiers;
Amendment 122 #
2020/2002(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
H b. whereas the Chinese People's Liberation Army Navy (PLAN) has set its first overseas military base in Djibouti and China holds over 70 per cent of Djibouti’s gross domestic product in debt; whereas the Belt and Road Initiative (BRI)’s loans catch vulnerable, developing countries in “debt-traps” depleting government reserves and sticking generations of taxpayers with gigantic debts;
Amendment 128 #
2020/2002(INI)
Motion for a resolution
Recital I
Recital I
I. whereas neither the Somali army, nor the Malian army norand the Central African Armed Forces (FACA) have been able to contribute effectively to the fight against jihadistare struggling to fight effectively against terrorists and armed groups or hold and secure the ground cleared with the aid of friendly international forces, the result being that the local populations feel abandoned and fear being accused of collaborating with the government by the jihadists or the armed groups in the CAR once they return and reoccupy the space from which they were expelled;
Amendment 138 #
2020/2002(INI)
Motion for a resolution
Recital J
Recital J
J. whereas after years of involvement in the above-mentioned civil and military missions, the general situation has become worse and worsenot improved significantly and a new and comprehensive strategy therefore needs to be implemented;
Amendment 171 #
2020/2002(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the European Union must coordinate the development and, security and humanitarian initiatives in which it is involved as part of an integrated strategy; considers that the African Union and African States from the region are key partners with which the EU is meaningfully engaged in order to jointly achieve sustainable development and human security; considers that the EU- Africa security cooperation must be based on human rights and humanitarian law and must respect the do-no-harm principle; considers that a security strategy for the Sahel, West Africa and Horn of Africa regions must first and foremost lie on addressing the root causes of the conflicts in the region, and notably the deep inequalities;
Amendment 201 #
2020/2002(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the revision of Article 3a(4)(b) and (c) of Regulation (EU) No 230/2014 in the light of the grave and profound degradation in the security conditions in the region and in order to fill any gaps in EU missions and projects with a view to supporting the capacity- building of partners in the security sector, including through funding for military spending and the provision of weapons, ammunition or lethal equipment, transport and training essential for improving the combat capability of African armed forces fighting against jihadism; supports the Joint Communication of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 28 April 2015 entitled ‘Capacity building in support of security and development – Enabling partners to prevent and manage crises’4 ; _________________ 4 JOIN(2015)0017.Welcomes the proposal for a new Neighbourhood, Development and International Cooperation Instrument;
Amendment 218 #
2020/2002(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the VP/HR to propose a Council decision on the establishment of a specific service to oversee the supply and use of such equipment and training; calls for funding from the EU budget to be provided for the administrative expenditure arising from that Council decision, including for personnel; calls on the Council to charge the Member States for the expenditure arising from the supply and use of such equipment and training; calls on the Member States that do not participate in funding the supply and use of such material to abstain from the vote in the Council;
Amendment 227 #
2020/2002(INI)
Motion for a resolution
Paragraph 5 – introductory part
Paragraph 5 – introductory part
5. Considers that the sustainability and effectiveness of EU civilian and military missions in Africa have been hampered by the lack of of local ownership, sustainability plans and basic equipment in the countries affected and that it is therefore necessary:
Amendment 236 #
2020/2002(INI)
Motion for a resolution
Paragraph 5 – point a
Paragraph 5 – point a
a) for the EU budget be large enough to effectively address the current challenges relating to training and military equipment (including weapons, munitions and transport)equipment;
Amendment 242 #
2020/2002(INI)
Motion for a resolution
Paragraph 5 – point b
Paragraph 5 – point b
b) to adapt the APF in order to overcome the current limitations onput in place the proposed European Peace Facility, with full respect for the Common Position, for Human rights and humanitarian law, and with effective transparency provisions such as the publication of a detailed list of military equipment provided to partner countries under the Facquisition of arms and muniility and with full safeguards to ensure that any military equipment is not given to partner countries that are committing abuses, atrocities, and other harms against their civilian populations;
Amendment 243 #
2020/2002(INI)
Motion for a resolution
Paragraph 5 – point b
Paragraph 5 – point b
b) to adapt the APF in order to overcome the current limitations on the acquisition of arms and munitionsput in place the proposed European Peace Facility, with full respect for the Common Position, for Human rights and humanitarian law, and with effective transparency provisions such as the publication of a detailed list of military equipment provided to partner countries under the Facility;
Amendment 252 #
2020/2002(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the use of all funding instruments should be exploroptimized with a view to address underlying causes of the conflict beyond supporting the development of security capabilities in the affected African countries, as per Articles 209 and 212 of the Treaty on the Functioning of the European Union and in the light of the very serious security crisis in the Sahel-Saharan region;
Amendment 260 #
2020/2002(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recommends that the EU considers contributing to the operational and logistical costs of the operations against jihadist terrorism conducted by the national armed forces of Mauritania, Mali, Burkina Faso, Niger and Chad, within the framework of peacekeeping operations in the Sahel- Saharan area and by taking a similar approach to the one it takes to financing the G5 Joint Forces and the African Union Mission in Somalia (AMISON);
Amendment 267 #
2020/2002(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Believes that the EU should conduct a comprehensive analysis on key individuals and corporates benefiting from the war economy, employing its policy toolkit to deter all forms of corruption and abuses;
Amendment 268 #
2020/2002(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Calls for sufficient funding for technical legal assistance, training, and capacity building aimed at ensuring third country forces respect their human rights obligations;
Amendment 270 #
2020/2002(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recommends that any financing of capacity-building operations for African countries is conditional on an action plan, which includes training on security sector reform, human rights, international humanitarian law, and the rule of law, with reasonable deadlines with the possibility of further adjustments depending on the evolution of the situation;
Amendment 273 #
2020/2002(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Considers that any increase in security force assistance should be subjected to a robust risk mitigation analysis that provides for adequate human rights protection mechanisms and civilian harm mitigation approach;
Amendment 275 #
2020/2002(INI)
Motion for a resolution
Paragraph 10 – introductory part
Paragraph 10 – introductory part
10. Calls for the format of the EUTM Mali, EUTM CAR and EUTM Somalia training missions to be redefined to better adapt them to the real needs of the armed forces and those of the populations of the beneficiary countries by:
Amendment 288 #
2020/2002(INI)
Motion for a resolution
Paragraph 10 – point b
Paragraph 10 – point b
b) ensuring that instructors are able, in coordination with the local military authorities, to select soldiers from among those proposed by the local governments, to train them to be capable fighters, and to supervise and accompany themmentor local soldiers on the ground once they have finished their training in order to assess them and prevent units from disbanding and soldiers from dispersing;
Amendment 300 #
2020/2002(INI)
Motion for a resolution
Paragraph 10 – point d a (new)
Paragraph 10 – point d a (new)
d a) putting in place a Human Rights monitoring mechanism to prevent Human Rights violations;
Amendment 307 #
2020/2002(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the EU must conduct a comprehensive evaluation, and put in place proper monitoring systems and oversight, of the EUCAP Sahel Mali, EUCAP Sahel Niger, EUCAP Somalia and EUAM CAR civilian missions, adapting them to real needs in order to make them fully operational and effective;
Amendment 313 #
2020/2002(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the Government of Somalia is unable to perform its duties and that the Somali army is also unable to counter al-Shabab’s terrorist activities and is not yet ready to take over from AMISOM; recalls that the Somali army waRecalls that the Somali army is supposed to take over from AMISOM in December 2021; underlines that the achievement of that objective requires a new and comprehensive assistance programme to the government and the army of Somalia;
Amendment 315 #
2020/2002(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Believes that the Gulf Crisis is having serious ramification in Somalia whereby United Arab Emirates (UAE) continues to support explicit actions that directly undermine the security and political gains made so far in Somalia, creating national disunity between the Federal Government of Somalia and Federal Member States (FMSs) on security, national elections and developmental issues, and calls for such actions to cease forthwith;
Amendment 324 #
2020/2002(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for the EU to help the joint forces of the G5 Sahel to become operational through the direct provision of financial assistance for the acquisition of adequate weapons and military equipment; calls on the partners who made pledges at the Brussels Donors’ Conference on 22 February 2018 to implement them expeditiously;
Amendment 331 #
2020/2002(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that the African states have to take responsibility for fulfilling their sovereign duties in all areas cleared of jihadterrorists, traffickers and banditcriminal and armed groups by providing basic services (administration, water and power supply, health, justice, education), even if some of these services should be temporarily provided by the army or security forces, until such time as the civil administration takes overwith the proper security environment provided by the army or security forces;
Amendment 336 #
2020/2002(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Supports the African Union request to the United Nations Security Council for the G5 Sahel joint force and AMISON to be placed under Chapter VII of the UN Charter in order to benefit from sustainable funding;
Amendment 338 #
2020/2002(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that coordination with the countries of North Africa is desirable as well as an effective contribution to peace and reconciliation in Libya in order to prevent it from becoming a hotspot for the spread of jihadism, arms and human trafficking; welcomes in this respect, Morocco’s initiative to donate 3.3milions dollars to the priority investment program of the G5 Sahel join force tasked with fighting terrorist and insurgents in West Africa;
Amendment 342 #
2020/2002(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that coordination with the countries of North Africa is desirable as well as an effective contribution to peace and reconciliation in Libya in order to prevent it from becoming a hotspot for the spread of jihadismterrorist, criminal and armed groups, arms and human trafficking;
Amendment 356 #
2020/2002(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the effand supports ofthe Mauritania to taken comprehensive and global approach which includes a social and development approach to itsstrategy with the military and security response; expresses its solidarity with Niger, Mali and Burkina Faso, countries that are deeply affected by terrorism; compliments the efforts and sacrifices of the international community, the United Nations Multidimensional Integrated Stabilization Mission in Mali, the Multinational Joint Task Force, the G5 and the French Armed Forces (Operation Barkhane), EUTM Mali and the Chadian Army, which is the essential force in the central and east sectors of the G5 requiring special support for its battalions;
Amendment 358 #
2020/2002(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the efforts of Mauritania to take a social and development approach to its military and security response; expresses its solidarity with Niger, Mali and Burkina Faso, countries that are deeply affected by terrorism; compliments the efforts and sacrifices of the international community, the United Nations Multidimensional Integrated Stabilization Mission in Mali, the Multinational Joint Task Force, the G5 and the French Armed Forces (Operation Barkhane), and EUTM Mali and the Chadian Army, which is the essential force in the central and east sectors of the G5 requiring special support for its battalions;
Amendment 360 #
2020/2002(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Welcomes the joint declaration of President of the European Council, Charles Michel and President of Islamic Republic of Mauritania, President in office of the G5 Sahel, Mohamed Cheikh el Ghazouani of 28 April 2020, in which they renewed and increased commitment to the security, stability and development of the Sahel in close cooperation with the Secretary-General of the United Nations, the Chair of the African Union Commission and the current Chair of the Economic Community of West African States;
Amendment 374 #
2020/2002(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for the EU to pay particular attention to the spread of jihadism and Saudi Wahhabism in areas such as the Indian Ocean and West Africa and to lend cooperation and establish aid programmes when required;
Amendment 381 #
Amendment 386 #
2020/2002(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. States that there can be no security strategy without joint developmentsustainable development and humanitarian action;
Amendment 390 #
2020/2002(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Believes that the European Union should ensure that sustainable development plans are multi-sectoral and provide a global solution to the challenges of the region concerned; stresses that an integrated approach to peace, security and sustainable development requires the meaningful involvement of local civil society actors, and especially of women and young people; is of the opinion that these plans must be adopted by the administration in agreement with the local beneficiary communities and implemented with the participation of humanitarian organisations and local civil society organisations to ensure effective coordination and ownership;
Amendment 402 #
2020/2002(INI)
Motion for a resolution
Paragraph 25 – introductory part
Paragraph 25 – introductory part
25. Considers that the development of Africa should bea meaningful security cooperation between the EU and Africa must be built upon sustainable development, and especially focused on:
Amendment 407 #
2020/2002(INI)
Motion for a resolution
Paragraph 25 – point a
Paragraph 25 – point a
a) consolidating democracy by ensuring a real parliamentary system, its institutions and the rule of law, guaranteeing all civil society liberties;
Amendment 410 #
2020/2002(INI)
Motion for a resolution
Paragraph 25 – point a a (new)
Paragraph 25 – point a a (new)
a a) ending conflicts and preventing their recurrence while addressing their root causes in order to achieve long lasting peace and security;
Amendment 415 #
2020/2002(INI)
Motion for a resolution
Paragraph 25 – point b
Paragraph 25 – point b
b) empowering women by recognising them as agents of change and their role as the centre of gravity ofin African families andhouseholds and communities, promoting their participation in local and national institutions; and decision-making, and fostering their role in peace-building, conflict prevention and mediation;
Amendment 418 #
2020/2002(INI)
Motion for a resolution
Paragraph 25 – point b
Paragraph 25 – point b
b) empowering women by recognising their role as the centre of gravity of African families and promoting their participation in local and national institutions and combating sexual violence against women and girls;
Amendment 422 #
2020/2002(INI)
Motion for a resolution
Paragraph 25 – point b a (new)
Paragraph 25 – point b a (new)
b a) strengthening the promotion of the right of access to information, media freedom, safety & security of journalists and freedom of association;
Amendment 428 #
2020/2002(INI)
Motion for a resolution
Paragraph 25 – point c
Paragraph 25 – point c
c) providing basic services such as food security, health, and education to increase people’s confidence in the stateccess to basic hygiene, social protection and education;
Amendment 433 #
2020/2002(INI)
Motion for a resolution
Paragraph 25 – point d
Paragraph 25 – point d
d) ensuring administrative and legal stability and fighting poverty, impunity and corruption;
Amendment 434 #
2020/2002(INI)
Motion for a resolution
Paragraph 25 – point d
Paragraph 25 – point d
d) ensuring administrative and legal stability and fighting poverty and corruption;
Amendment 439 #
2020/2002(INI)
Motion for a resolution
Paragraph 25 – point d b (new)
Paragraph 25 – point d b (new)
d a) fighting poverty and corruption;
Amendment 448 #
2020/2002(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Expresses its deep concern that the current security crisis in Africa could lead to a massive displacement of the population, suppression of freedom of expression, undermining North African states and affecting Europe;
Amendment 449 #
2020/2002(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Expresses its deep concern that the current security crisis in Africa could lead to a massive displacement of the population, undermining North African states and affecting Europe;
Amendment 453 #
2020/2002(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
Amendment 455 #
2020/2002(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Recommends that the EU strengthens its structural support for and the provision of avenues for civil society and communities most affected by violence and displacement to interact directly with donors on their needs.
Amendment 458 #
2020/2002(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Welcomes the EU strategy for the Horn of Africa, encompassing as it does not only security and humanitarian policy but also longer-term development policy and the MDG objectives; underlines the importance of this longer-term vision of development policy, and calls on the Commission and the Member States to coordinate their policies in this respect and to employ joint programming for the various countries and the region as soon as possible;
Amendment 460 #
2020/2002(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Calls for the EU to strengthen its support to independent media and civil society groups reporting on and seeking constructive solutions to tackle the economic and political roots of the conflicts;
Amendment 462 #
2020/2002(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26 c. Recalls that boosting regional security and combating terrorism and piracy, while essential, must not eclipse the absolute necessity of supporting as a first priority the eradication of poverty in the regions, particularly since the EU has an obligation under its founding Treaty to take account of the objectives of development cooperation – foremost among which are the reduction and eradication of poverty – in the policies that it implements which are likely to affect developing countries (Article 208(1) TFEU);
Amendment 463 #
2020/2002(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26 c. Believes that the EU should strengthen its collaboration with national parliaments, including security and defense committees, in order to improve critical oversight functions over national and external security interventions;
Amendment 465 #
2020/2002(INI)
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26 d. considers that any conditionality of humanitarian and development aid to measures to block migratory movements would produce perverse and dangerous effects for safety of people and would cause imbalances and ineffectiveness of aids;
Amendment 470 #
2020/2002(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers it essential to provide extraordinary assistance to the regions concerned in view of the extraordinary challenge presented by the COVID-19 pandemic and to adapt current programmes and projects to this new challenge by demonstrating flexibility and adaptability to the situation;
Amendment 473 #
2020/2002(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recommends that the EU, together with the International Monetary Fund and the World Bank, intervenes on a financial level to help control debt and the payment of interest; welcomes in this regard, the initiative taken in October 2019 on the side lines of the World Bank Group/IMF Annual Meetings in Washington DC by the finance ministers of Djibouti, Eritrea, Ethiopia, Kenya and Somalia to forge closer economic ties, building on the improving political climate in the sub- region;
Amendment 475 #
2020/2002(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recommends that the EU, together with the International Monetary Fund and the World Bank, intervenes on a financial level to help control debt and the payment of interest; calls for all possibilities to be explored, in view of the COVID-19 pandemic and its consequences, for debt relief, debt suspension and debt sustainability for African countries;
Amendment 187 #
2020/0279(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration management and towards relations with relevant third countries, recognising that the effectiveness of such an approach depends on all components being jointly addressed and in an integrated manner.
Amendment 193 #
2020/0279(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member States in the field of asylum and migration management policies, by elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to return illegally staying third-country nationals, to prevent irregular migration and unauthorised movements between thempromoting safe and legal pathways, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.
Amendment 201 #
2020/0279(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair and dignified treatment of third- country nationals residing legallyand the respect of their human rights in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling. irregular migration, migrant smuggling and trafficking, through the development of legal pathways. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons, as well as persons granted immediate protection.
Amendment 212 #
2020/0279(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of persons in need of international protection and those who are not and in recognition that the challenge of irregular arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole. To ensure that Member States have the necessary tools to effectively manage this challenge in addition to applicants for international protection, irregular migrants should also fall within the scope of this Regulation. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons as well as persons granted immediate protection.
Amendment 258 #
2020/0279(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the Report should also indicate whether the said Member States are faced with such challenges. Those Member States should alwayso be able to rely on the use of the ‘solidarity pool’ for the relocation of vulnerable personsbinding solidarity contributions foreseen in Article 45 and, if under migratory pressure, on those provided for in Article 51 (3).
Amendment 266 #
2020/0279(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to effectively manage the Union's external border, an independent border monitoring mechanism should be set up in view of ensuring its compliance with the European Convention on Human Rights, the EU Charter of Fundamental Rights, as well as the EU and International law.
Amendment 268 #
2020/0279(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 279 #
2020/0279(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 295 #
2020/0279(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a binding solidarity mechanism should be established which is effective and ensures that applicants have swift acces, upon arrival and disembarkation, including following search and rescue activities and operations, should be established in order to ensure effective and swift access of applicants to the procedures for granting international protection. Such a mechanism should provide for different types of solidarity measures and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member Statetrue solidarity as enshrined in Article 80 of the TFEU, among Member States, with third countries, and towards those seeking asylum according to the procedure foreseen in Article 14 and 45 of this Regulation.
Amendment 322 #
2020/0279(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specific characteristics of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specificn effective processdure applicable to people disembarked following those operations irrespective of whether there is a situation of migratory pressure.
Amendment 330 #
2020/0279(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration Management Report should set out the short-term projections of disembarkations anticipated for such operations and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation. The Commission should adopt an implementing act establishing a pool of solidarity measures (‘the solidarity pool’) with the aim of assisting the Member State of disembarkation to address the challenges of such disembarkations. Such measures should comprise applicants for international protection that are not in the border procedure or measures in the field of strengthening of capacity in the field of asylum, reception and return, or operational support, or measures in the external dimension.
Amendment 335 #
2020/0279(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In view of coordinating and optimising all relocation efforts, an EU Relocation Coordinator, to be appointed by the Commission, should assist and supervise the relocation coordination of applicants and beneficiaries found eligible for relocation. The EU Relocation Coordinator should endeavour to prioritise vulnerable persons, in particular unaccompanied minors in the relocation and transfers. The EU Relocation Coordinator should, in cooperation with the Commission and the Asylum Agency, also promote coherent working methods, for the verification of any meaningful links that the persons eligible for relocation might have with Member States of relocation.
Amendment 342 #
2020/0279(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to provide a timely response to the specific situation following disembarkations from search and rescue operations, the Commission, and the EU Relocation Coordinator, with the assistance of Union Agencies, should facilitate the swift relocation and transfer of eligible applicants for international protection who are not in the border procedure. Under the , accoordination of the Commission, the European Union Asylum Agency and the European Border and Coast Guard Agency should draw up the list of eligible persons to be relocated indicating the distribution of those persons among the contributing Member Statesg to Article 14.
Amendment 358 #
2020/0279(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 365 #
2020/0279(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Where no meaningful links can be established, the share of solidarity contribution for each Member State shall follow the size of the population, the total GDP and its unemployment rate, according to the latest available Eurostat data.
Amendment 369 #
2020/0279(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 381 #
2020/0279(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) TheA specific solidarity mechanism should also address the situations of migratory pressure in particular for those Member States which due to their geographical location are exposed to or likely to be exposed towhere one or more Member States, in particular, due to their geographical location and a constant level of arrivals, including after disembarkation and search and rescue activities and operations are under migratory pressure. For this purpose, the Commission should adopt a report identifying whether a Member State is under migratory pressure and setting out the measures that could support that Member State in addressing the situation of migratory pressure.
Amendment 392 #
2020/0279(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative and quantitative assessment, should take account of a broad range of factors, including the number of asylum applicants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countriesvulnerabilities of asylum applicants and migrants, irregular border crossings, the capacity of a Member State in managing its asylum and reception caseload. The solidarity response should be designed on a case-by-case basis in order to be tailor- made to the needs of the Member State in question.
Amendment 404 #
2020/0279(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 410 #
2020/0279(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 424 #
2020/0279(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 436 #
2020/0279(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 454 #
2020/0279(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In order to ensure a comprehensive and effective solidarity response and in order to give clarity to Member States receiving support, the Commission should adopt an implementing act specifying the contributions to be made by each Member State. Such contributions should always be based on the type of contributions indicated by the Member State concerned in the solidarity response plan, except where that Member State failed to submit one. In such cases, the measures set out in the implementing act for the Member State concerned should be determined by the Commission.
Amendment 460 #
2020/0279(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 465 #
2020/0279(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 477 #
2020/0279(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Common European Asylum System (CEAS) has been built progressively as a common area of protection based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that no person is sent back to persecution, in compliance with the principle of non- refoulement. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, all respectings long as they respect human rights and the principle of non- refoulement, are considered as safe countries for third- country nationals.
Amendment 484 #
2020/0279(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) It is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System40 . That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection, namely meaningful links. _________________ 40As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999.
Amendment 497 #
2020/0279(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) This Regulation should be based on the principles underlying Regulation (EU) No 604/2013 of the European Parliament and of the Council41 while developingand the principle of solidarity and fair sharing of responsibility as part of the common framework, in line with Article 80 of TFEU. To that end, athe new solidarity mechanism should enable a strengthened preparedness of Member States to manage migration, to address situations where Member States are faced with migratory pressure and to facilitate regular solidarity support among Member States. _________________ 41Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, OJ L 180, 29.6.2013, p. 31.
Amendment 503 #
2020/0279(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 510 #
2020/0279(COD)
Proposal for a regulation
Recital 38
Recital 38
Amendment 537 #
2020/0279(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background and should follow an independent evaluation of his or her best interest by the relevant child protection authorities. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.
Amendment 554 #
2020/0279(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) In order to prevent that persons who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member State where an application is first registered does not apply the responsibilty criteria or the benefitting Member State does not apply the relocation procedure where there are reasonable grounds to consider the person concerned a danger to national security or public order.
Amendment 569 #
2020/0279(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant, grandparent or grandparents of the applicant. Reuniting siblingsfamily is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the EU.
Amendment 574 #
2020/0279(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage unauthorisedonwards movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor’s application for international protection was first registered, unless it is demonstrated that this would notminor is present, unless it is assessed not to be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and. For unaccompanied minors, in particular, the prompt appointment of a representative or representativesguardian tasked with safeguarding respect for all the rights to which they are entitled, as well as prompt access for free legal assistance. When considering or implementing the transfer of a minor, Member States should promote and facilitate the continuity and stability of the support and assistance provided to a minor. Member states should promote and facilitate transnational cooperation between these actors, including sharing of information about the minor, with the informed consent of the minor. Any decision to transfer an unaccompanied minor should be preceded by an individual assessment of his or her best interests by staff with the necessary qualifications and expertise.
Amendment 600 #
2020/0279(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Considering that a Member State should remain responsible for a person who has irregularly entered its territory, it is also necessary to include the situation when the person enters the territory following a search and rescue operation. A derogation from this responsibility criterion should be laid down for the situation where a Member State has relocated persons having crossed the external border of another Member State irregularly or, until the responsibility of another Member state has been determined, for a person who has irregularly entered its territory by land, air and sea, including after disembarkation and following a search and rescue operation. In such a situation, the Member State of relocation should be responsibile if the person applies for international protections and activities.
Amendment 605 #
2020/0279(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Any Member State should be able to derogate from the responsibility criteria in particular on humanitarian and compassionate grounds, in order to bring together family members, relatives or any other family relations and examine an application for international protection registered with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.
Amendment 611 #
2020/0279(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding and unauthorised movements betweenthe Member State and the competent authorities of the Member Sstates, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obassisted by the Asylum Agency, shall ensure as soon as possible that the third country national or stateless person who intends to make an appligcations should lead to appropriate and propor to internationatel procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are coveredtection fully cooperates in matters covered by this Regulation, informing him or her of his or her rights and obligations.
Amendment 622 #
2020/0279(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) In order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of responsibility to another Member State, rules allowing for cessation or shift of responsibility where the person leaves the territory of the Member States for at least three months during examination of the application or absconds to evade a transfer to the Member State responsible for more than 18 months should be deleted. The shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying Member State should also be removed in order to discourage circumventing the rules and obstruction of procedure. In situations where a person has entered a Member State irregularly without applying for asylum, the period after which the responsibility of that Member State ceases and another Member State where that person subsequently applies becomes responsible should be extended, to further incentivise persons to comply with the rules and apply in the first Member State of entry and hence limit unauthorisedonwards movements and increase the overall efficiency of the CEAS.
Amendment 634 #
2020/0279(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon.
Amendment 640 #
2020/0279(COD)
Proposal for a regulation
Recital 58
Recital 58
Amendment 656 #
2020/0279(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) Minors and unaccompanied minors shall never be detained. The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulation.
Amendment 745 #
2020/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) establishes a sustainable mechanism for solidarity as enshrined in Article 80 of the TFEU;
Amendment 766 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been taken, or has been taken and is either subject to or can still be subject to a remedy in the Member State concerned, irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation], including a person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration], and individuals awaiting an appeal decision;
Amendment 780 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – introductory part
Article 2 – paragraph 1 – point g – introductory part
(g) ‘family members’ means, insofar as the family already existed before the applicant or the family member arrived on the territory of the Member States, the following members of the applicant’s or beneficiaries' family who are present on the territory of the Member States:
Amendment 784 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point i
Article 2 – paragraph 1 – point g – point i
(i) the spousepartner of the applicant or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals,beneficiary;
Amendment 791 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point ii
Article 2 – paragraph 1 – point g – point ii
(ii) the minor children of couplepartners referred to in the first indent or of the applicant, on condition that they are unmarriedr beneficiary, and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 797 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iii
Article 2 – paragraph 1 – point g – point iii
(iii) where the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 801 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iv
Article 2 – paragraph 1 – point g – point iv
(iv) where the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the adult or beneficiary of international protection is present,
Amendment 810 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point v
Article 2 – paragraph 1 – point g – point v
(v) the sibling or siblings, and the grandparent or grandparents of the applicant or beneficiary;
Amendment 815 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘relative’ means the applicant’s adult aunt or uncle, or grandparentcousin who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;
Amendment 827 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘representativeguardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary;
Amendment 831 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
Article 2 – paragraph 1 – point m a (new)
(ma) “Meaningful links” means any of the following: the possession of a diploma or qualification, the lawful presence of relatives, being beneficiary of a sponsorship, strong linguistic and cultural ties, previous legal stays or residence;
Amendment 847 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
(q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria clearly defined by national law to believe that an applicant who is subject to a transfer procedure may absconlaw in the light of specific circumstances of the persons involved;
Amendment 853 #
2020/0279(COD)
(r) ‘benefitting Member State’ means the Member State benefitting from the solidarity measures in situations of migratory pressure or for, including following disembarkations following and search and rescue activities and operations as set out in Chapters I-III of Part IV of this Regulation;
Amendment 861 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point t
Article 2 – paragraph 1 – point t
Amendment 869 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u
Article 2 – paragraph 1 – point u
(u) ‘relocation’ means the transfer of a third-country national or a stateless person, or a beneficiary of international protection from the territory of a benefitting Member State to the territory of a contributing Member State;
Amendment 870 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)
Article 2 – paragraph 1 – point u a (new)
(ua) the EU Relocation Coordinator is the person appointed by the Commission and defined in Article 13a of this Regulation and Article 2 (f) of the Crisis Regulation
Amendment 874 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point v
Article 2 – paragraph 1 – point v
(v) ‘search and rescue operations’ means operations of search and rescue activities as referred to in the 1979 International Convention on Maritime Search and Rescue adopted in Hamburg, Germany on 27 April 1979; , and operations as referred to in Article 10 of Regulation (EU) 656/20141a; _________________ 1aRegulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.
Amendment 882 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point w
Article 2 – paragraph 1 – point w
(w) ‘migratory pressure’ means a situation where there is a large numberone or more Member States face a constant level of arrivals of third- country nationals or stateless persons, or a risk of such arrivals, including where this stems from arrivals following search and rescue operations, as a result of the geographical location of a Member State and the specific developments in third countries which generate migratory movements that place a burden ev, including due to disembarkation in the context of search and rescue operations, which would undermine the efficient functioning of the procedures foreseen oin well-prepared asylum and reception systems and requires immediate acArticle 14 and 45 of this Regulation;
Amendment 892 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point z
Article 2 – paragraph 1 – point z
(z) ‘return decision’ means an administrative or judicial decision or act stating or declaring the stay of a third- country national to be illegalrregular and imposing or stating an obligation to return that respectspursuant to Directive 2008/115/EC of the European Parliament and of the Council54 ; _________________ 54 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24.12.2008, p. 98.
Amendment 894 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point aa
Article 2 – paragraph 1 – point aa
(aa) ‘illegalrregularly staying third-country national’ means a third-country national who does not fulfil or no longer fulfils the conditions of entry as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in a Member State.
Amendment 913 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 927 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
Amendment 933 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 945 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) effective management of the Union’s external borders, based on the European integrated border managthrough the creation and development of an adequately resourced independent monitoring mechanism in line with Article 18 and 19 of the Charter of Fundamental Rights and the principle of non-refoulement;
Amendment 965 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms for solidarity, as enshrined in Article 80 the TFEU;
Amendment 976 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
Amendment 985 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
Amendment 991 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
Amendment 1023 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility, as enshrined in Article 80 of the TFEU, and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies. Member States shall:
Amendment 1034 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) establish and maintain national asylum and migration management systems that provide access to international and national protection procedures, grant such protection to those who are in need and ensure the dignified return tof those who are illegalrregularly staying;
Amendment 1047 #
2020/0279(COD)
(b) take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smugglingto ensure genuine and effective access to means of legal entry in cooperation with relevant third countries;
Amendment 1056 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) provide and invest in adequate reception conditions, including measures to protect those with special needs;
Amendment 1061 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) apply correctly and expeditiously the rules on the determination of the Member State responsible for examining an application for international protection and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I-VI of Part III, Chapter I of Part IV;
Amendment 1071 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
Amendment 1106 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) relevant reports and analyses from Union agencies, including the Fundamental Rights Agency;
Amendment 1108 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
Amendment 1111 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d a (new)
Article 6 – paragraph 2 – point d a (new)
Amendment 1135 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Commission shall monitor and provide information on the migratory situation through regular situational reports based on good quality data and information provided by Member States, the External Action Service, the Asylum Agency, the European Border and Coast Guard Agency, Europol and the Fundamental Rights Agency and notably the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and its Network, and reports provided by the organizations in Article 6 (2) (da).
Amendment 1140 #
2020/0279(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 1185 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in whichresponsible for examining the application for international protection was registered shall be responsible for examining itshall be determined in accordance with the procedure laid down in Article 45.
Amendment 1200 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Where a Member State cannot carry out the transfer pursuant to the first subparagraph to any Member State designated on the basis of the criteria set out in Chapter II of Part III or of the procedure laid down in Chapter I of Part IV, or to the first Member State with which the application was registered, that Member State shall become the Member State responsible.
Amendment 1204 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 1216 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The Member State in which the applicant or a beneficiary of international protection is present shall, however, ensure that the designation of the Member State responsible does not worsen a situation where the fundamental rights of that applicant have been infringed by using a procedure for determining the Member State responsible which takes an unreasonable length of time. If necessary, that Member State must itself examine the application in accordance with the procedure laid down in Article25.
Amendment 1219 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 1223 #
2020/0279(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 1254 #
2020/0279(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 1272 #
Amendment 1273 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph -1 (new)
Article 11 – paragraph -1 (new)
-1. As soon as possible the Member State and the competent authorities of the Member State, assisted by the Asylum Agency, shall ensure that the third country national or stateless person, who intends to make an application to international protection, fully cooperates in matters covered by this Regulation, by informing him or her:
Amendment 1274 #
Amendment 1285 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
Amendment 1292 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) of the objectives of this Regulation, the criteria and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration, including the specific criteria applied by Member states requested or notified in the individual case;
Amendment 1299 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) of the aim of the personal interview pursuant to Article 12 and the obligation to submit and substantiate orally or through the provision of documents information as soon as possible in the procedure any relevant information that could help to establish the presence of family members, relatives or any other family relations in the Member States, including the means by which the applicant can submit such information, as well as any assistance that the Member State can offer with regard to the tracing of family members or relatives;
Amendment 1300 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d a (new)
Article 11 – paragraph 1 – point d a (new)
(da) the applicant shall be informed that his or her absconding may prejudice the conduct of the interview and that, in any case, he or she has the right to ask for the interview to be conducted;
Amendment 1302 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point e
Article 11 – paragraph 1 – point e
(e) of the obligation for the applicant to disclose, as soon as possible in the procedure any relevant information that could help to establish any prior residence permits, visas or educational diplomas;. The competent authorities shall take into account the elements and information relevant for determining the Member state responsible submitted at any stage of the procedure, provided they have been submitted before the final decision determining the Member State responsible. In the period between the final decision and the actual transfer to a designated Member State, other relevant elements provided by the applicant shall be taken into consideration if the delay in submitting them is due to justified reasons.
Amendment 1311 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) of the possibility to challenge a transfer decision within the time limit set out in Article 33(2) and of the fact that the scope of that challenge is limited as laid down in Article 33(1)existence of the rights to have an effective remedy with automatic suspensive effect before a Court or a Tribunal in accordance with Article 47 of the Charter of Fundamental Rights, including in a situation where no transfer decision is taken;
Amendment 1319 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point g
Article 11 – paragraph 1 – point g
(g) of the right to be granted, on request, legal and linguistic assistance free of charge at all stages of the procedure, where the person concerned cannot afford the costs involved;
Amendment 1323 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point g a (new)
Article 11 – paragraph 1 – point g a (new)
(ga) of the possibility under Article 25 to request the discretionary clause to be applied by any Member State from the Member State where they are present, as well as of the specific arrangements relating to the procedure;
Amendment 1328 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point k
Article 11 – paragraph 1 – point k
(k) in the case of an unaccompanied minor, of the role and responsibilities of the representativeguardian and of the procedure to file complaints against a representativeguardian in confidence and safety and in full respect of the child's right to be heard in this respect;
Amendment 1332 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point l
Article 11 – paragraph 1 – point l
Amendment 1336 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall be provided in writingthe mother tongue of the applicant or, if not possible, in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. . In both cases the information shall be provided in a concise, transparent, intelligible and easily accessible form, using clear and plain language. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. The information shall be provided in writing and orally, where appropriate with the support of multimedia equipment. Oral information may be given either in individual or group sessions and applicants shall have the possibility to ask questions about the procedural steps they are expected to follow with regard to the process of determining a Member State responsible in accordance with this Regulation. When the applicant is a minor, information shall be provided in a child-friendly manner, including in both written and oral forms by appropriately trained staff and with the involvement of the guardian, notably about the process to identify family members or relatives in accordance with Article 15 of this Regulation.
Amendment 1343 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 1350 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Asylum Agency shall, in close cooperation with the responsible national agencies, draw up common information material, as well as a specific leaflet for unaccompanied minors, containing at least the information referred to in paragraph 1. That common information material shall also include information regarding the application of Regulation (EU) XXX/XXX [Eurodac Regulation] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. The common information material shall be drawn up in such a manner as to enable Member States to complete it with additional Member State-specific information. The European Union Agency for Asylum shall create specific information material intended particularly for the following target groups: (a) adult applicants; (b) unaccompanied minors; (c) accompanied minors.
Amendment 1354 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. The competent authorities of the Member States shall keep the applicants informed of the progress of the procedures carried out under this Regulation with regard to their application. The information shall be provided in writing at regular intervals, at least every two weeks. In the case of minors, the competent authorities shall, in accordance with the same arrangements, inform both the minor and the parent or guardian. The Commission shall be empowered to adopt implementing acts to establish the arrangements for the provision of such information.
Amendment 1357 #
2020/0279(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 1358 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. In order to facilitate the process of determining the Member State responsible, the determining Member Statecompetent authorities of the determining Member State, assisted by the Asylum Agency, shall conduct a personal interview with the applicant. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 11specific individual situation of the applicant and of the information he or she supplied in accordance with Article 11. The determining Member State shall proactively ask questions on all aspects of the claim that would allow for the determination of the Member States responsible. In any case, the presence of the legal representative of the applicant or of a representative of an institution for the protection and assistance of asylum seekers registered in the Member State shall be allowed at the interview.
Amendment 1364 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 1373 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The personal interview shall take place in a timely manner and, in any event, before any take charge request is made pursuant to Article 29 or take back request pursuant to Article 31.
Amendment 1379 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The personal interview shall be conducted in the mother tongue of the applicant or in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. Interviews of unaccompanied minors shall be conducted in a child- friendly manner, by staff who are appropriately trained and qualified under national law, in the presence of the representativeguardian and, where applicable, the minor’s legal advisor. Where necessary, Member States shall have recourse to an interpreter, and where appropriate a cultural mediator, who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. The applicant may request to be interviewed and assisted by staff of the same sex.
Amendment 1390 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 5 a (new)
Article 12 – paragraph 5 a (new)
5a. The Member State shall ensure that there are appropriate standard operating procedures in place in order to ensure that appropriate protection measures are taken with respect to applicants at risk of being exploited for the purposes of trafficking in human beings or other organised crime activities.
Amendment 1394 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 1405 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Each Member State where an unaccompanied minor is presents shall ensure that he or she isminors are represented and assisted by a representativeguardian with respect to the relevant procedures provided for in this Regulation. The representativeguardian shall have the resources, qualifications, training and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors.minors, and shall inform the child accordingly about the procedure. The guardian shall be appointed as soon as possible but, at the latest, within two days after the arrival, and in any event prior to the collection of biometric data pursuant to Articles 10, 13 and 14a of Regulation (EU) XXX/XXX (Eurodac Regulation)
Amendment 1411 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Where an organisation is appointed as a representativeguardian, it shall designate a person responsible for carrying out its duties in respect of the minor. The first subparagraph shall apply to that person.
Amendment 1414 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
The representativeguardian provided for in the first subparagraph may be the same person or organisation as provided for in Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation].
Amendment 1416 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The representative of an unaccompanied minor shall bguardian shall represent the minvolvedor in the process of establishing the Member State responsible under this Regulation. T and any other representativeight recognized to the minor. The guardian shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4, including the exercise of the right to be heard, and shall support his or her engagement with other actors, such as family tracing organisations, where appropriate for that purpose. , and with due regard to confidentiality obligations to the minor. The guardian shall ensure the minor has access to information, legal advice and representation concerning the procedures under this Regulation and shall keep the minor informed on the progress in the procedures under this Regulation concerning him or her. The guardian shall have access to the content of the relevant documents in the minor's file including the specific information material for unaccompanied minors and the forms provided for in Article 6. Guardians shall receive regular training and support to undertake their tasks.
Amendment 1424 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. In assessing the best interests of the child, Member States shall closely cooperate with each other and shall, in particular, take due account of the following factorsnon-exhaustive list of factors and rights of the child:
Amendment 1436 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) the minor’s well-being and social development, taking into particular consideration the minor’s backgroundethnic, religious, cultural and linguistic background and further having regard to the need for stability and continuity in care and custodial arrangements and access to health and education services;
Amendment 1449 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point c
Article 13 – paragraph 4 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings or violence within the family;
Amendment 1451 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point c a (new)
Article 13 – paragraph 4 – point c a (new)
(ca) situations of vulnerability, including psycho-physical trauma, specific health needs and disability;
Amendment 1458 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point d a (new)
Article 13 – paragraph 4 – point d a (new)
(da) the need for decisions concerning minors to be treated with priority;
Amendment 1459 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point d b (new)
Article 13 – paragraph 4 – point d b (new)
(db) In assessing the best interests of the minor, the minor's right to be heard must be guaranteed to every child capable of forming his or her own views.
Amendment 1461 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point e
Article 13 – paragraph 4 – point e
(e) where the applicant is an unaccompanied minor, the information provided by the representativeguardian in the Member State where the unaccompanied minor is present.
Amendment 1467 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of relocation, the transferring Member State shall make surobtain guarantees assessed on the individual case that the Member State responsible or the Member State of relocation takes the measures referred to in Articles 14 and 23 of Directive XXX/XXX/EU [Reception Conditions Directive] and Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] without delay. Any decision to transfer an unaccompaniedor not transfer a minor shall be preceded by an individual and multidisciplinary assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. The assessment shall be done swiftly by multidisciplinary staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration. The multidisciplinary assessment shall involve competent staff with expertise in child protection and child psychology and development and shall also include, as a minimum, the minor’s guardian and legal advisor. Before the transfer of a minor, the receiving Member State shall appoint a guardian as soon as possible, but in any event within five working days of the confirmation of the transfer decision. The competent authorities shall communicate the information regarding the guardian appointed by the receiving Member State to the current guardian together with the arrangements for the transfer.
Amendment 1480 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 1
Article 13 – paragraph 6 – subparagraph 1
To that end, that Member State may call for the assistance of international or other relevant organisations, and may facilitate the minor’s access to the tracing services of such organisations., as soon as possible after an application for international protection is made, whilst protecting his or her best interest. In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, so as to avoid jeopardising their safety
Amendment 1484 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
Article 13 – paragraph 6 – subparagraph 2
The staff of the competent authorities referred to in Article 41 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors, including training on rights of the child and child psychology and development. Such training shall also include modules on risk assessment to target care and protection depending on the individual needs of the minor, with a specific focus on early identification of victims of trafficking in human beings and of abuse, as well as training on good practices to prevent disappearance.
Amendment 1491 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. With a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor living in the territory of another Member State pursuant to paragraph 6, the Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1492 #
2020/0279(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 1494 #
2020/0279(COD)
Proposal for a regulation
Article 14 – title
Article 14 – title
Hierarchy of criteria upon arrival and disembarkation, including following search and rescue operations
Amendment 1497 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
Amendment 1500 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 b (new)
Article 14 – paragraph 2 b (new)
2b. That Member State, assisted by the Asylum Agency, shall arrange, upon arrival or after disembarkation, including following search and rescue operations and activities, for an interview with the applicant in order to identify his or her meaningful links with one or more member States including that of arrival. The applicant has the right to be informed and cooperate in line with article 11 of this Regulation.
Amendment 1501 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 c (new)
Article 14 – paragraph 2 c (new)
Amendment 1502 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 d (new)
Article 14 – paragraph 2 d (new)
2d. The Member State of entry, in cooperation with the Asylum Agency, shall inform the applicant of the determination and of the arrangements of the transfer to the Member State responsible for the examination, in accordance to Article 32 of this Regulation.
Amendment 1503 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 e (new)
Article 14 – paragraph 2 e (new)
2e. If no meaningful links with a Member State are established or no criteria listed in this Chapter are applicable, the procedure established in Article 45 of this Regulation shall apply.
Amendment 1505 #
Amendment 1506 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph -1 (new)
Article 15 – paragraph -1 (new)
-1. Where a minor is accompanied by one parent, adult sibling or other adult who holds parental responsibility for the minor, whether by law or by the practice of that Member State, and one parent or other adult who holds parental responsibility for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the determination of the Member State responsible shall be based on the objective of prioritising family unity, taking into account the best interest of the child.
Amendment 1509 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, unlessif it is demonstrated that it is not in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member Statesin the best minor's best interest. Where the applicant is a minor, the Member State responsible shall be the Member State where the father, mother, grandparents or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present.
Amendment 1518 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor’s application for international protection was first registered is present, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 1529 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and the exchange of information between Member States. The implementing acts shall promote the ability of the guardian and legal assistance provider to seek assistance in another State so as to gain information about the circumstances of reception and care arrangements in the other country or family reunion possibilities. This may involve contact with guardianship authority, information on access to legal assistance in the event of need to appeal. The implementing acts shall also promote and facilitate cooperation between guardians and legal assistance providers between States in the event a transfer of a minor is being contemplated or implemented, including providing for sharing of information about the minor, with the informed consent of the minor. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1534 #
2020/0279(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Family members who are beneficiaries of international protectionlegally reside in a Member state
Amendment 1536 #
2020/0279(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Where the applicant has a family member who has been allowed to reside as a beneficiary of international protection, regardless of whether the family was previously formed in the country of origin, who is legally residing in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 1541 #
2020/0279(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Where the applicant has a family member in a Member State whose application for international protection in that Member State has not yet been the subject of a first decision regarding the substance, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 1554 #
2020/0279(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Where the applicant is in possession of one or more residence documents or one or more visas which expired less than three years before the application was registered, paragraphs 1, 2 and 3 shall apply.
Amendment 1556 #
2020/0279(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19a Previous stays If the applicant has resided legally for at least two years in a Member state with a valid residence permit, the Member state shall be responsible for examining his or her application for international protection.
Amendment 1567 #
2020/0279(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 1582 #
2020/0279(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 1589 #
2020/0279(COD)
Proposal for a regulation
Article 23
Article 23
Application in an international transit Where the application for international protection is made in the international transit area of an airport of a Member State by a third-country national or a stateless person, that Member State shall be responsible for examining the application.rticle 23 deleted area of an airport
Amendment 1597 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. Where, on account of pregnancy, having a new-born child, serious illness, severe disability, severe trauma or old age,trauma, old age, or other relevant psychological and/or physical vulnerabilities an applicant is dependentin need onf the assistance of his or her child or , sibling, parent, or grandparent legally resident in one of the Member States, or his or her child or , sibling, parent or grandparent legally resident in one of the Member States is dependentn need onf the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child or , sibling, parent, or grandparent, provided that family ties existed before the applicant arrived on the territory of the Member States, that the child or the child, sibling, parent or grandparent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing.
Amendment 1600 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Where there are indications that a child or , sibling, parent or grandparent is legally resident on the territory of the Member State where the dependent person is present, that Member State shall verify whether the child or , sibling, parent or grandparent can take care of the dependent person, before making a take charge request pursuant to Article 29.
Amendment 1607 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the child or , sibling, parent or grandparent referred to in paragraph 1 is legally resident in a Member State other than the one where the applicant is present, the Member State responsible shall be the one where the child or parent is legally resident unless the applicant’s health prevents him or her from travelling to that Member State for a significant period of time, sibling, parent or grandparent is legally resident . In such a case, the Member State responsible shall be the one where the applicant is present. Such Member State shall not be subject to the obligation to bring the child or , sibling, parent or grandparent of the applicant to its territory.
Amendment 1613 #
2020/0279(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Sponsorship 1. A Member State may provide the possibility that recognised organisations working in that Member State in the field of refugee protection programmes and prevention of trafficking in human beings become the sponsor of an applicant who has applied for international protection in the Union. The sponsoring organization shall arrange for the applicant's relocation and stay in the Member State until a final decision is taken on his or her application for international protection. 2. If the Member State in which the organization is established agrees to take charge of the applicant, it becomes the Member State responsible for examining the application for international protection.
Amendment 1615 #
2020/0279(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. By way of derogation from Article 8(1), each Member State may decide to examine an application for international protection by a third-country national or a stateless person registerlodged with it, even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 1618 #
2020/0279(COD)
Proposal for a regulation
Article 25 – paragraph 2 – introductory part
Article 25 – paragraph 2 – introductory part
2. The Member State in which an application for international protection is registered and which is carrying out the process of determining the Member State responsible, or the Member State responsible, may, at any time before a first decision regarding the substance is taken, request another Member State to take charge of an applicant in order to bring together any family relations, on humanitarian grounds based in particular on family or, cultural considerations or social ties, language skills or other meaningful links which would facilitate his or her integration into that other Member state, even where that other Member State is not responsible under the criteria laid down in Articles 15 to 18 and 24. The persons concerned shall express their consent in writing.
Amendment 1620 #
2020/0279(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
The requested Member State shall carry out any necessary checks to examine the humanitarian grounds cited, and shall reply to the requesting Member State within twoone months of receipt of the request using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. A reply refusing the request shall state the reasons on which the refusal is based. Where the requested Member State accepts the request, responsibility for examining the application shall be transferred to it.
Amendment 1629 #
2020/0279(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25 a Light Family procedure 1. The determining Member State shall be responsible for conducting a special family reunification procedure for the applicant in order to ensure swift family reunification and access to the asylum procedures for applicants where there are, prima facie, sufficient indicators showing that they are likely to have the right to family reunification in accordance with Article 13, 15, 16, 24a. 2. If it is determined pursuant to paragraphs 1 and 2 that an applicant has, prima facie, the right to family reunification in accordance with Article 13, 15, 16 24a, the determining Member State shall notify the Member State of allocation thereof and the applicant shall be transferred to that Member State. 3. In accordance with the procedure referred to in paragraph 2, the Member State of allocation shall make the determination of whether the conditions for family reunification in accordance with Article 18 are met. If this is the case the Member state of allocation shall become the Member State responsible.
Amendment 1640 #
2020/0279(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
Amendment 1649 #
2020/0279(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
Amendment 1659 #
2020/0279(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1
Article 27 – paragraph 1 – subparagraph 1
The first subparagraph shall not apply if the person has already been granted international protection by the responsible Member State, provided that the beneficiary does not claim before a judge that in the Member State primarily designated as responsible there are substantial grounds for believing that he or she would be in danger of being subjected to torture or inhuman or degrading treatments and punishments, in contrast with Article 4 of the EU Charter of Fundamental Rights, pursuant to Article 8 (3).
Amendment 1667 #
2020/0279(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. The obligations specified in Article 26 shall cease where the Member State responsible can establish, when requested to take charge of or take back an applicant or another person as referred in Article 26, that the person concerned has left the territory of the Member States for at least three months, unless the person concerned is in possession of a valid residence document issued by the Member State responsible. An application registered after the period of absence referred to in the first subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 1700 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Articles 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21 of Regulation (EC) No 767/2008, the request to take charge shall be sent within onetwo months of receiving that hit.
Amendment 1704 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3
Article 29 – paragraph 1 – subparagraph 3
Where the applicant is an unaccompanied minor, or the determining Member State may, where it considers that it is in the best interest of the minorrequest is based on Article 16 or 17, the determining Member State may, continue the procedure for determining the Member State responsible and request another Member State to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs. With regard to minors, for the purpose of calculating the deadlines referred to in the first and second subparagraphs of this paragraph, time shall start to run when a guardian has been appointed and when the best interests assessment pursuant to Article 13, 15, 16, 17, 25a has been concluded.
Amendment 1739 #
2020/0279(COD)
Proposal for a regulation
Article 31 – title
Article 31 – title
Submitting a take back notificationrequest
Amendment 1745 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In a situation referred to in Article 26(1), point (b), (c) or (d) the Member State where the person is present shall make a take back notificationrequest without delay and in any event within two weeks after receiving the Eurodac hit. Where the take back request is not made within the established time limit, the responsibility for examining the application for international protection shall lie with the Member State where the applicant is present.
Amendment 1763 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The notifirequested Member State shall aconfirm receipt of the notification torequest of the Member State which made the notificationrequest within onefour weeks, unless the notifirequested Member State can demonstrate within that time limit that its is not responsibility has ceasedle pursuant to Article 27.
Amendment 1768 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Failure to act within the onefour-weeks period set out in paragraph 3 shall be tantamount to confirming the receipt of the notificationrequest.
Amendment 1774 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back notificationrequests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1781 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The determining Member State whose take charge request as regards the applicant referred to in Article 26(1), point (a) was accepted or who made a take back notification as regards persons referred to in Article 26(1), point (b), (c) and (d) shall take a transfer decision at the latest within one week of the acceptance or notification.
Amendment 1788 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where the requested Member State accepts to take charge of an applicant or to take back a person referred to in Article 26(1), point (b), (c) or (d), the requesting or the notifying Member State shall notify the person concerned in writing without delayin one week of the decision to transfer him or her to the Member State responsible and, where applicable, of the fact that it will not examine his or her application for international protection.
Amendment 1793 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 4 – introductory part
Article 32 – paragraph 4 – introductory part
4. The decision referred to in paragraph 1 shall be written in a language understandable to the applicant and contain information on the legal remedies available, including on the right to apply for suspensive effect, and on the time limits applicable for seeking such remedies and for carrying out the transfer, and shall, if necessary, contain information on the place where, and the date on which, the person concerned is required to appear, if that person is travelling to the Member State responsible by his or her own means.
Amendment 1808 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The applicant or another person as referred to in Article 26(1), point (b), (c) and (d) shall have the right to an effective remedy with automatic suspensive effect, in the form of an appeal or a review, in fact and in law, against a transfer decision, before a court or tribunal.
Amendment 1811 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
Amendment 1823 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 3 – introductory part
Article 33 – paragraph 3 – introductory part
3. The person concerned shall have the right to request, within a reasonable period of Member States shall ensure that an effectimve from the notificationremedy shall confer ofn the transfer decision, a court or tribunal to suspend the implementation of the transfer decisionperson concerned the right to remain in the Member state concerned pending the outcome of his or ther appeal or review. Member States shall ensure that an effective remedy is in place by suspending the transfer, the transfer shall be automatically suspended until the decision on the first suspension request is taken. Any decision on whether to suspend the implementation of the transfer decision shall be taken within one month of the date when that request reached the competent court or tribunal.
Amendment 1826 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1
Article 33 – paragraph 3 – subparagraph 1
Amendment 1834 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – introductory part
Article 33 – paragraph 5 – introductory part
5. Member States shall ensure that legal assistance is granted on request free of charge, at all stages of the procedure, where the person concerned cannot afford the costs involved, according to Article 11a of this Regulation. Member States may provide that, as regards fees and other costs, the treatment of persons subject to this Regulation shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance.
Amendment 1838 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 1
Article 33 – paragraph 5 – subparagraph 1
Amendment 1844 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 2
Article 33 – paragraph 5 – subparagraph 2
Amendment 1845 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 3
Article 33 – paragraph 5 – subparagraph 3
Amendment 1848 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 4
Article 33 – paragraph 5 – subparagraph 4
Legal assistance shall include at least the preparation of the required procedural documents and representation before a court or tribunal and may be restricted to legal advisors or counsellors specifically designated by national law to provide assistance and representationbe in line with Article 11a.
Amendment 1850 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 5
Article 33 – paragraph 5 – subparagraph 5
Amendment 1853 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation. Detention shall, in any case, be a measure of last resort when alternatives are not available.
Amendment 1858 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. Minors, whether accompanied or unaccompanied, and vulnerable people according to Directive 2013/33 shall not be detained. In accordance with the principle of family unity, parents or legal or customary primary caregivers shall not be detained. Unaccompanied minors shall be placed in appropriate alternative care settings in the national child protection system in line with their best interest and taking into consideration their views and needs. Families with minor children shall be accommodated together in non- custodial, community-based placements while their immigration status is being resolved.
Amendment 1866 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Where there is a proven risk of absconding, Member States, as measure of last resort, may detain the person concerned in order to secure a transfer proceduresafter a final transfer decision has been taken and notified in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively, based on an individual assessment of the person’s circumstances.
Amendment 1874 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 3 – introductory part
Article 34 – paragraph 3 – introductory part
3. Detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this Regulation is carried out, and in any case shall not exceed three months.
Amendment 1883 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
Where an applicant or another person referred to in Article 26(1), point (b), (c) or (d) is detained pursuant to this Article, the period for submitting a take charge request or a take back notificationrequest shall not exceed two weeks from the registration of the application. Where a person is detained at a later stage than the registration of the application, the period for submitting a take charge request or a take back notification shall not exceed one week from the date on which the person was placed in detention. The Member State carrying out the procedure in accordance with this Regulation shall ask for an urgent reply on a take charge request. Such reply shall be given within one week of receipt of the take charge request. Failure to reply within the one-week period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival.
Amendment 1895 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Where a person is detained pursuant to this Article, the detention shall be ordered in writing by judicial authorities. The detention order shall state the reasons in fact and in law on which it is based and shall contain a reference to the consideration of the available alternatives and the reasons as to way they could not be applied effectively.
Amendment 1899 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. As regards the detention conditions, which shall fully respect the person's fundamental rights and the guarantees applicable to applicants detained, in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive XXX/XXX/EU [Reception Conditions Directive] shall apply.
Amendment 1906 #
2020/0279(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) and (d), from the requesting or notifying Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting or notifying Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within six months of the acceptance of the take charge request or of the confirmation of the take back notificationrequest by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3). That time limit may be extended up to a maximum of one year if the transfer cannot be carried out due to imprisonment of the person concerned for criminal purposes.
Amendment 1929 #
2020/0279(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1
Article 35 – paragraph 2 – subparagraph 1
Amendment 1934 #
2020/0279(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. In accordance with Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], a contribution shall be paid to the Member State carrying out the transfer for theThe costs necessary to transfer of an applicant or another person as referred to in Article 26(1), point (b), (c) or (d), pursuant to Article 35to the Member state responsible shall be met by the General Budget of the Union.
Amendment 1939 #
2020/0279(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Member State carrying out the transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) or (d), shall communicate to the Member State responsible such personal data concerning the person to be transferred as is adequate, relevant and limited to what is necessary for the sole purposes of ensuring that the competent authorities, in accordance with national law in the Member State responsible, are in a position to provide that person with adequate assistance, including the provision of immediate health care required in order to protect his or her vital interests, to ensure continuity in the protection and rights afforded by this Regulation and by other applicable asylum legal instruments. Those data shall be communicated to the Member State responsible within a reasonable period of time before a transfer is carried out, in order to ensure that its competent authorities in under national law have sufficient time to take the necessary measures.
Amendment 1977 #
2020/0279(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Provided it is necessary for the examination of the application for international protection, the Member State responsible may request another Member State to let it know on what grounds the applicant bases his or her application and, where applicable, the grounds for any decisions taken concerning the applicant. The other Member State may refuse to respond to the request submitted to it, if the communication of such information is likely to harm its essential interests or the protection of the liberties and fundamental rights of the person concerned or of others. In any event, communication of the information requested shall be subject to the written approval of the applicant for international protection, obtained by the requesting Member State. In that case, the applicant must know for what specific information he or she is giving his or her approval.
Amendment 1994 #
2020/0279(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Before concluding or amending any arrangement as referred to in paragraph 1, point (b), the Member States concerned shall consult the Commission as to the compatibility of the arrangement with this Regulation and with other relevant provisions of EU Law, including the Charter of Fundamental Rights.
Amendment 1995 #
2020/0279(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. If the Commission considers the arrangements referred to in paragraph 1, point (b), to be incompatible with this Regulation, and with any other relevant provisions of EU Law including the Charter of Fundamental Rights, it shall, within a reasonable period, notify the Member States concerned. The Member States shall take all appropriate steps to amend the arrangement concerned within a reasonable time in such a way as to eliminate any incompatibilities observed.
Amendment 2015 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. Solidarity contributions for the benefit of a Member State under migratory pressureof first entry or subject to disembarkations following, including after search and rescue operations shall consist of the followand activities shall be established according to the procedure provided ing types:his Article.
Amendment 2020 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
Amendment 2034 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
Amendment 2036 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
Amendment 2045 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
Amendment 2058 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 a (new)
Article 45 – paragraph 1 a (new)
1a. Where no meaningful links can be established, the Commission, assisted by the Asylum Agency, shall identify the Member State with the lowest number of applicants in relation to its share, calculated on the basis of the distribution key, as the Member State responsible. The European Commission will immediately notify this Member State which will be responsible for examining the application and the Member State of first entry.
Amendment 2061 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 b (new)
Article 45 – paragraph 1 b (new)
1b. The Member State of first entry, in cooperation with the Asylum Agency, shall immediately inform the applicant about the determination of responsibility as referred to in paragraph2 of this Article, and of the arrangements of the transfer to the Member State responsible for the examination, in accordance to Article 32 of this Regulation.
Amendment 2062 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 c (new)
Article 45 – paragraph 1 c (new)
1c. The procedure established by this Article shall apply to applicants arrived in a Member State by land, air or sea, including after disembarkation and following search and rescue operations and activities.
Amendment 2063 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 d (new)
Article 45 – paragraph 1 d (new)
1d. The share calculated according to the distribution key may be adjusted when a Member State demonstrates that over the proceeding 10 years it has been responsible for twice the Union average per capita of applicants for international protection.
Amendment 2067 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 2086 #
2020/0279(COD)
Proposal for a regulation
Article 46
Article 46
Article 46 deleted Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.
Amendment 2105 #
2020/0279(COD)
Proposal for a regulation
Article 47 – title
Article 47 – title
47 Solidarity for disembarkations following search and rescue activities and operations
Amendment 2107 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. This Article and Articles 148 and 495 shall also apply to search and rescue oparrivals, connected to search and rescue activities as referred to in the 1979 Internations that generate recurring arrivalsal Convention Maritime on Search and Rescue adopted in Hamburg, Germany, on 27 April 1979, and operations as referred to in Article 10 of Regulation (EU) No656/2014, leading to disembarkation of third- country nationals orand stateless persons on to the territory of a Member State and to vulnerable persons as set out in Article 49(4).
Amendment 2112 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Where the Migration Management Report referred to in Article 6(4) indicates that one or more Member States faced with the situations referred to in paragraph 1, it shall also set out the total number of applicants for international protection referred to in Article 45(1), point (a) that would need to be relocated in order to assist those Member States. The report shall also identify any capacity-building measures referred to in Article 45(1), point (d) which are necessary to assist the Member State concernedIn the context of disembarkations following search and rescue activities and operations, as defined in paragraph 1, the special needs of children, including unaccompanied minors, victims of trafficking in human beings, persons in need of urgent medical assistance, disabled persons, persons in need of international protection and other persons in a particularly vulnerable situation, shall be addressed as a matter of urgency and in a spirit of solidarity, pursuant to Articles 14 and 45.
Amendment 2114 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
Amendment 2118 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
Amendment 2132 #
2020/0279(COD)
Amendment 2140 #
Amendment 2177 #
Amendment 2207 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point a
Article 50 – paragraph 1 – point a
(a) that Member State has informed the Commission that it considers itself to be under migratory pressure; and
Amendment 2211 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point b
Article 50 – paragraph 1 – point b
(b) on the basis of available information, it considers that aone or more Member States may be under migratory pressure, due to a constant level of arrivals, including after disembarkation, which would undermine the effective functioning of the procedures foreseen in Articles 14 and 45 of this Regulation.
Amendment 2216 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The Asylum Agency and the European Border and Coast Guard Agency shall assist the Commission in drawing up the assessment of migratory pressure, in cooperation with the Member States in question. The Commission shall inform the European Parliament, the Council and the Member States concerned, without delay, that it is undertaking an assessment.
Amendment 2221 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point a
Article 50 – paragraph 3 – point a
(a) the total number of applications for international protection by third-country nationals and the nationality of the applicants;
Amendment 2223 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point b
Article 50 – paragraph 3 – point b
Amendment 2227 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point c
Article 50 – paragraph 3 – point c
Amendment 2230 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point d
Article 50 – paragraph 3 – point d
Amendment 2235 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point f
Article 50 – paragraph 3 – point f
Amendment 2239 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point g
Article 50 – paragraph 3 – point g
Amendment 2242 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point h
Article 50 – paragraph 3 – point h
(h) the number of persons apprehendidentified in connection with an irregular crossing of the external land, sea or air border;
Amendment 2245 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point i
Article 50 – paragraph 3 – point i
Amendment 2249 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point j
Article 50 – paragraph 3 – point j
(j) the number and nationality of third- country nationals disembarked and following search and rescue operations and activities, including the number of applications for international protection;
Amendment 2251 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point k
Article 50 – paragraph 3 – point k
(k) the number of vulnerable migrants, in particular unaccompanied minors.
Amendment 2254 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point k a (new)
Article 50 – paragraph 3 – point k a (new)
(ka) the capacity of the Member States under migratory pressure, in particular in its overall needs in managing its asylum and reception caseload.
Amendment 2260 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point b
Article 50 – paragraph 4 – point b
Amendment 2263 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point f
Article 50 – paragraph 4 – point f
Amendment 2267 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point h
Article 50 – paragraph 4 – point h
Amendment 2275 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 1 – introductory part
Article 51 – paragraph 1 – introductory part
1. The Commission shall consult the Member States concerned during its assessment undertaken pursuant to Article 50(1).
Amendment 2281 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. In the report, the Commission shall state and explain whether the Member States concerned isare under migratory pressure.
Amendment 2285 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – introductory part
Article 51 – paragraph 3 – introductory part
3. Where the Commission concludes that the Member States concerned isare under migratory pressure, the report shall identify:
Amendment 2288 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point a
Article 51 – paragraph 3 – point a
(a) the capacity of the Member States under migratory pressure in the field of migration management, in particular asylum and return as well as, in particular in its overall needs in managing its asylum and returception caseload;
Amendment 2292 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point b – point i
Article 51 – paragraph 3 – point b – point i
(i) measures that the Member States under migratory pressure should take in the field of migration management, and in particular in the field of asylum and returception;
Amendment 2294 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point b – point ii
Article 51 – paragraph 3 – point b – point ii
(ii) measures referred to in Article 45(1), points (a), (b) andidentified by the Commission to support the Member States concerned, including: (a) capacity building measures in the field of asylum and reception, corresponding to the needs of the Member States under pressure; (cb) to be taken by other Member States; relocation of beneficiaries of international protection who have been granted protection less than two years prior to the relocation.
Amendment 2299 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point b – point iii
Article 51 – paragraph 3 – point b – point iii
Amendment 2314 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Where the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves benefitting Member States shall contribute by means of the solidarity contributions referred to in Article 45(1), points (a), (b) and (c51(3) (b) (ii). Member States shall prioritise the relocation of unaccompanied minors.
Amendment 2317 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
Amendment 2329 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Article 52 – paragraph 3 – subparagraph 1
Amendment 2332 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2
Article 52 – paragraph 3 – subparagraph 2
Amendment 2339 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. Where the Commission considers that the solidarity contributions indicated in the Solidarity Response Plans do not correspond to the needs identified in the report on migratory pressure provided for in Article 51, it shall convene the Solidarity Forum. In such cases, the Commission shall invite Member States to adjust the type of contributions in their Solidarity Response Plans in the course of the Solidarity Forum by submitting revised Solidarity Response Plans.
Amendment 2356 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Within two weeks from the submission of the Solidarity Response Plans referred to in Article 52(3) or, where the Solidarity Forum is convened pursuant to Article 52(4), within two weeks from the end of the Solidarity Forum, the Commission shall adopt an implementing act laying down the solidarity contributions for the benefit of the Member States under migratory pressure to be taken by the other Member States and the timeframe for their implementation.
Amendment 2357 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1
Article 53 – paragraph 2 – subparagraph 1
Amendment 2360 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
Amendment 2363 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 3
Article 53 – paragraph 2 – subparagraph 3
Where the measures proposed would lead to a shortfall greater than 30% of the total number of solidarity measures identified in the report on migratory pressure under Article 51(3)(b)(ii), the contributions set out in the implementing act shall be adjusted so that those Member States indicating such measures would be required to cover 50% of their share calculated according to the distribution key set out in Article 54 through measures set out in Article 51(3)(b)(ii). The CommissionCommission considers the measures proposed are inadequate, it shall adjust measures referred to in Article 51(3)(b)(iii) indicated by those Member States accordingly.
Amendment 2364 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point a
Article 53 – paragraph 3 – point a
(a) the total number of persons to be relocated from the requesting Member State pursuant to Article 45(1), points (a) or (c), taking into account the capacity and needs of the requesting Member States in the area of asylum identified in the report referred to inset of measures foreseen in Article 51 (3) (b) (ii) of this Regulation, including the total number of beneficiaries of international protection pursuant to Article 51 (3) (b) (ii) (b), that shall be relocated;
Amendment 2365 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point b
Article 53 – paragraph 3 – point b
Amendment 2366 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point c
Article 53 – paragraph 3 – point c
Amendment 2367 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point d
Article 53 – paragraph 3 – point d
Amendment 2370 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 1
Article 53 – paragraph 3 – subparagraph 1
Amendment 2373 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 4
Article 53 – paragraph 4
Amendment 2380 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – introductory part
Article 54 – paragraph 1 – introductory part
The share of solidarity contributions referred to in Articles 45(1), points (a), (b) and (c) to be provided by each Member State in accordance with Articles 48 and 53 shall be calculated in accordance with the formula set out in Annex III and and 50 to 53 shall be based on the following criteria for each Member State, according to the latest available Eurostat data:
Amendment 2383 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a
Article 54 – paragraph 1 – point a
(a) the size of the population (540% weighting);
Amendment 2392 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point b
Article 54 – paragraph 1 – point b
(b) the total GDP (540% weighting).
Amendment 2398 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point b a (new)
Article 54 – paragraph 1 – point b a (new)
(ba) unemployment rate (20% weighting)
Amendment 2404 #
2020/0279(COD)
Amendment 2430 #
2020/0279(COD)
Proposal for a regulation
Article 56 – title
Article 56 – title
Amendment 2432 #
2020/0279(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
Amendment 2436 #
2020/0279(COD)
2. Any Member State may, at any time, in response to a request for solidarity support by a Member State, or onsituations where there its own initiative, including in agreement with another Member State, make contributions by means of the measures referred to in Article 45 for the benefit of the Member State concerned and with its agreement. Contributions referred to in article 45, point (d) shall be in accordance with the objectives of Regulation (EU) XXX/XXX [Asylum Migration Fund]no migratory pressure and where the mechanism established in Article 51 -53 is not applicable, decide to relocate beneficiaries of international protection. In this case it shall inform the Commission without delay.
Amendment 2446 #
2020/0279(COD)
Amendment 2450 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point b
Article 57 – paragraph 1 – point b
(b) persons referred to in Article 45(1), point (b) where the period referred to in Article 55(2) has expired, and Article 45(2), point51(3) (b) (ii) (b).;
Amendment 2456 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider the person concerned an individual and specific danger to national security or public order of that Member State, according to the procedure laid down in Article 14 (3). If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall not apply the procedure set out in this Article and shall, where applicable, exclude the person from the list referred to in Article 49(2)being relocated.
Amendment 2457 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
Amendment 2466 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1
Article 57 – paragraph 3 – subparagraph 1
Where relocation is to be applied pursuant to Article 49,, the EU relocation coordinator should support the relocation activities from the benefitting Member Sstate shall use the list drawn up by the Asylum Agency and the European Border and Coast Guard Agencyto the contributing member state implementing their obligations referred to in Article 49(213a (d).
Amendment 2473 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 a (new)
Article 57 – paragraph 3 a (new)
3a. Each Member State shall create a database of the requests of beneficiaries of international protection, who have been legally residing in its territory for less than two years and who have expressed their willingness to be relocated to another Member State. Each beneficiary of international protection may express up to two preferences for Member States to which he or she may be relocated. Each Member State shall regularly update the database referred to in this paragraph.
Amendment 2474 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 b (new)
Article 57 – paragraph 3 b (new)
3b. The Commission shall, by means of implementing act, lay down uniform criteria for the collection, retention and deletion by the Member States of the information referred to in paragraph 1, and the organizational and operational arrangements for the implementation of relocation;
Amendment 2475 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 c (new)
Article 57 – paragraph 3 c (new)
3c. When implementing the solidarity measures pursuant to Article 53(3), the benefitting Member State shall promptly inform of the activation of the relocation procedure, the beneficiaries of international protection registered in the database referred to in paragraph 1, on the basis of the chronological order of registration. Member States shall take into consideration the preferences expressed by the beneficiary of international protection. Potential beneficiaries of relocation shall express their consent to be relocated within 7 days after they have been informed, otherwise they shall be considered non-eligible for relocation. The benefitting Member State shall identify a number of beneficiaries corresponding to that established, by means of implementing act, by the Commission pursuant to Article 53.
Amendment 2477 #
2020/0279(COD)
Amendment 2483 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 5
Article 57 – paragraph 5
5. The benefitting Member State shall transmit to the Member State of relocation as quickly as possible the relevant information and documents on the person referred to in paragraphs 2 and 3.
Amendment 2484 #
2020/0279(COD)
Amendment 2489 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 7
Article 57 – paragraph 7
Amendment 2512 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
Amendment 2518 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 2 a (new)
Article 58 – paragraph 2 a (new)
2a. The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 11(1) and (3), respectively, of Regulation (EU) XXX/XXX [Eurodac Regulation].
Amendment 2520 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
Amendment 2523 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. Where the Member State of relocation has relocated a beneficiary for international protection, tThe Member State of relocation shall automatically grant international protection status respecting the respective status granted by the benefitting Member State.
Amendment 2529 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where the Member State of relocation has relocated a third-country national who is illegalrregularly staying on its territory, of Directive 2008/115/EC shall apply.
Amendment 2531 #
2020/0279(COD)
Proposal for a regulation
Article 59
Article 59
Amendment 2545 #
2020/0279(COD)
Proposal for a regulation
Article 61 – paragraph 1 a (new)
Article 61 – paragraph 1 a (new)
The cost of relocation and transfer will be covered by the EU budget.
Amendment 2546 #
2020/0279(COD)
Proposal for a regulation
Article 61 – paragraph 1 b (new)
Article 61 – paragraph 1 b (new)
The costs of reception of an applicant met by a determining Member State, from the time when the application for international protection was registered until the transfer of the applicant to the Member State responsible, or until the determining Member State assumes responsibility for the applicant, shall be refunded from the general budget of the Union.
Amendment 8 #
2019/2207(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that implementingBelieves that the Framework Decision on the European Arrest Warrant (FDEAW) has put legal systems in many Member States under strain; notes thatis a successful instrument of judicial cooperation that has led to a considerable simplification and speeding up of handover procedures between EU member states; recognises, however, that the FDEAW has put legal systems in many Member States under strain and has revealed stark national differences in substantive and procedural criminal law; underlines that improvements to the application of the FDEAW arevealed stark national differences in substantive and procedural criminal law; needed and include: - the further harmonisation of procedural rights of suspected persons, including the right to a fair trial and the rights of defence, of the ‘ne bis in idem’ principle, and of the rules regarding the execution of an arrest warrant if the person who is the subject of a European arrest warrant is a minor and may not, owing to his age, be held criminally responsible for the acts on which the arrest warrant is based under the law of the executing State; and - targeted changes to the FDEAW, already highlighted in the European Parliament’s resolution of 27 February 2014 with recommendations to the Commission on the review of the European Arrest Warrant, such as including a clear definition of ‘judicial authority’ and introducing a mandatory refusal ground where there are substantial grounds to believe that the execution of the measure would be incompatible with the executing Member State's obligation in accordance with Article 6 of the TEU and the Charter of Fundamental Rights;
Amendment 11 #
2019/2207(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Insists that Member States are responsible for ensuring a high level of mutual trust, which is premised on their obligation to respect the Treaties, the Charter of Fundamental Rights and EU legislation, as well as on the adherence of their institutions to EU values, including the respect for the rule of law and fundamental rights (Articles 2 and 6 of the TEU); underlines that concerns over the lack of independence of national judicial authorities and failure to comply with European and international standards on detention conditions in certain Member States have contributed to undermining mutual confidence in recent years; takes note of the significant developments in the case law of the Court of Justice of the European Union regarding the application of the FDEAW, and in particular on the link between the execution of European arrest warrants and the respect of the rule of law and fundamental rights; calls on the European Commission to update its ‘Handbook on How to Issue and Execute a European arrest warrant’ in order to reflect such developments and to give further guidance with regards to European arrest warrants issued by Member States who are the subject of an ongoing Article 7 TEU procedure; calls on the Commission to include such guidance in its upcoming first annual Rule of Law Report;
Amendment 28 #
2019/2207(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that further horizontal measures need to be adopted in order to increase mutual confidence in national criminal justice systems, thereby leading to more efficient judicial cooperation; underlines, in this regard, the important role of agencies, such as the EU Agency for Criminal Justice Cooperation (Eurojust), and of initiatives, such as the recent establishment of the European Arrest Warrant coordination group, aimed at developing mutual trust;
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 32 #
2019/2206(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the criteria for establishing the responsibility of a Member State for an asylum application include, in hierarchical order, the family unit; the issuance of residence permits or visas; irregular entry or stay, and visa- waived entry; where none of those grounds applies, the Member state in which an asylum application was first made becomes the Member state responsible under Article 3(2);
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 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 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 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 142 #
2019/2176(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Acknowledges the persistent strategy of openness and good will adopted by the EU and lately materialized in the renewed positive agenda offered by the European Council in October 2020; Stresses that no incentive that the EU could offer can ever replace the much- needed political will to build a mature democracy and, in turn, become a reliable ally and ultimately a member of the EU; Notes that ever since the last European Council conclusions, no efforts were attempted by Turkish authorities to advance towards benchmarks laid down in this broad agenda and that Turkey's confrontational attitude and rhetoric has even deteriorated;
Amendment 253 #
2019/2176(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets that the current overly broad anti-terrorism provisions and the abuse of the anti-terror measures have become the backbone of this state policy; reiterates its firm condemnation of the violence by the Kurdistan Workers’ Party (PKK), which has been on the EU list of terrorist organisations since 2002;notes with great concern the continued mass incarceration of people convicted or held in pre-trial detention on terrorism- related charges based on scant evidence; reiterates its firm condemnation of any violence against civilians from all state and non-state actors.
Amendment 257 #
2019/2176(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Deeply regrets the discriminatory Covid-19 early release law which disregarded the right to life of those imprisoned on political grounds and failed to address the situation of those held in pre-trial detention; expresses concern about the unsanitary and overcrowded prison facilities.
Amendment 263 #
2019/2176(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the erosion of the rule of law and the systemic lack of independence of the judiciary continues to be one of the most pressing and worrying issues; condemns the increased surveillance by the executive and the political pressure affecting the work of judges, prosecutors, lawyers and bar associations; is appalled by the mass arrest and prosecution of lawyers for representing their clients; is concerned about the legislative amendment allowing for the division of bar associations along political lines in a way to diminish their role as human rights watchdogs.
Amendment 290 #
2019/2176(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses serious concern about the disproportionate and arbitrary measures curtailing freedom of expression, media freedom and access to information; condemns the imprisonment of journalists, media employees as well as social media users; notes with deep concern the increasing restrictions and censorship imposed on social media platforms; urges Turkey to guarantee media freedom as a matter of priority;
Amendment 315 #
2019/2176(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes with great concern the way that the People’s Democratic Party (HDP) has been specifically and continuously targeted by the Turkish authorities; strongly condemns the continued detention of former HDP co-chairs Selahattin Demirtaş; and Figen Yüksekdağ, members of parliament, elected mayors, administrators and members.
Amendment 326 #
2019/2176(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on Turkey to release all imprisoned human rights defenders, journalists, lawyers, academics and others who have been detained on unsubstantiated charges and to enable them to carry out their work without threat or impediment in all circumstances; strongly condemns the re-arrest and continued detention of Osman Kavala, a prominent civil society figure; and other prominent Journalists like Ahmet Altan and Hanim Büsra Erdal.
Amendment 374 #
2019/2176(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges Turkey to protect the rights of minorities and vulnerable groups, including women, LGBTI people and ethnic and religious minorities; condemns the pervasive hate-speech against LGBTI people, especially when done by high-level political and religious figures; condemns the lack of proper investigation, prosecution and sanction of hate speech, both online and offline, and of hate crime; calls on authorities and officials to firmly condemn all acts of violence and hate speech against minorities and vulnerable groups and to investigate and prosecute them effectively;
Amendment 382 #
2019/2176(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges Turkey to protect the rights of minorities and vulnerable groups, including women, refugees, LGBTI people and ethnic and religious minorities; is appalled by the rise in hate crimes.
Amendment 390 #
2019/2176(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Urges the Turkish authorities to end the protracted bans on Pride marches in several cities; calls on the Turkish authorities to ensure that the right to freedom of assembly and association, as enshrined in Article 11 of the European Convention on Human Rights, can be effectively enjoyed, without discrimination on grounds of sexual orientation or gender identity, in respect of the recommendation of the Committee of Ministers of the Council of Europe;1a _________________ 1a https://search.coe.int/cm/Pages/result_det ails.aspx?ObjectID=09000016805cf40a
Amendment 392 #
2019/2176(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Reiterate its call on the Council to establish a comprehensive and effective EU-wide human rights sanction regime, which would allow for targeting any individual, state- and non-state actor, responsible for or involved in human rights violations, breaches of fundamental freedoms and the rule of law in Turkey;
Amendment 401 #
2019/2176(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Expresses concern about the reported deportation of Uighurs by way of third countries to China, where they are likely to face grave persecution.
Amendment 474 #
2019/2176(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls the laudable role played by Turkey in responding to the migration crisis resultinghosting refugees from the war in Syria; takes the view that the EU should continue to give the necessary support to Syrian refugees and host communities in Turkey; supports an objective assessment of the EU-Turkey Statement and underlines the importance of both parties’ compliance with their respective commitments; however at the same time criticises the resettlement of Syrian refugees to Turkish-occupied regions in the North of Syria, from which the local Syrian population was previously displaced and is now prevented from returning; refugees must not be brought back to Syria against their will, nor must they be used to carry out demographic engineering against the Kurdish and Christian population in the North of Syria.
Amendment 482 #
2019/2176(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls the laudable role played by Turkey in responding to the migration crisis resulting from the war in Syria; takes the view that the EU should continue to givfinance the necessary direct support to Syrian refugees and host communities in Turkey; supports an objective assessment of the EU-Turkey StatementCalls for the adoption of an EU- Turkey agreement instead of the current Declaration, with parliamentary scrutiny and underlines the importance of both parties’ compliance wrefraining from using ith their respective commitmentso pressure or blackmail the other party;
Amendment 520 #
2019/2176(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses that a modernisation of the Customs Union could be beneficial for both parties and would keep Turkey economically and normatively anchored to the EU; reiterates that this would need to be based on strong conditionality related to human rights and fundamental freedoms; highlights that it seems unrealistic to envisagestresses that given the current circumstances, any modernisation of the Customs Union given the current circumstancescan't be envisaged; recalls that the current Customs Union will not achieve its full potential until Turkey fully implements the Additional Protocol in relation to all Member States;
Amendment 568 #
2019/2176(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Condemns the partial reopening of Varosha beach, which undermines mutual trust and therefore the prospect of the resumption of direct talks on the comprehensive resolution of the Cyprus issue; calls on Turkey to reverse this action and to refrain from provoking nationalist sentiments; reiterates its support for a fair, comprehensive and viable settlement on the basis of a bi-communal, bi-zonal federation with political equality;
Amendment 573 #
2019/2176(INI)
28a. Stresses that, in spite of reiterated calls for de-escalations and peaceful conflict resolution through dialogue, Turkey did not refrained itself from further violating international law and the sovereignty and territorial integrity of EU Member States through unilateral and illegal actions; Calls therefore on the Council to impose restrictive sectoral and targeted measures against Turkey, which should have no adverse impact on the Turkish society;
Amendment 595 #
2019/2176(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Strongly condemns the Turkish military interventions in Syria, especially in the northeast and Idlib, Afrin, Ras al- Ayn/Sere Kaniye and Tal Abyad which constitute grave violations of international law;
Amendment 599 #
2019/2176(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
Amendment 631 #
2019/2176(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Regrets that, rather than calling for an end to the violence and for a resumption of peaceful negotiations supporting the efforts of the Organization for Security and Co-operation in Europe (OSCE) Minsk Group, Turkey instead decided to unconditionally sustain the military actions of oAzerbaïdjani forces and to directly and militarily intervene ofn their sides in the recent conflict in Nagorno-Karabakh;
Amendment 654 #
2019/2176(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Believes that it is high time to review the EU’s relations with Turkey and to define a comprehensive, unified and coherent strategy for the medium to long term, among all EU institutions and Member States; However the strong relapse in the area of fundamental rights, the deteriorating human rights situation, the lack of freedom of the press and expression, the arbitrary detention of opposition politicians and journalists and the non-recognition of democratic elections show that Turkey's future cannot lie within the EU. The accession negotiations with Turkey must therefore be dissolved.
Amendment 669 #
2019/2176(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. calls on Turkey to stop the attempts to influence European policy through a targeted diaspora policy and to mobilise Turkish- and Islamic communities against the secular understanding of freedom of religion and expression;
Amendment 671 #
2019/2176(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Recalls that Turkey has to stop in particular the attempt of the Turkish government to spy and put pressure on opposition members and politicians of Turkish origin in Europe and condemns in the strongest possible terms all attempts to use violence and intimidation against intellectuals, activists or politicians in Europe.
Amendment 5 #
2019/2135(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that in the current global security environment, an integral part of the EU’s strategic autonomy should be the independent capacity to guarantee the security of its own citizens against an increasing number of threats, including armed conflicts in its neighbourhood, cyber-attacks, and disinformation campaigns;
Amendment 6 #
2019/2135(INI)
Draft opinion
Paragraph 1 a
Paragraph 1 a
1a. Notes that the Union has been slow to react and adapt – politically, diplomatically and militarily – to new crises and to this new international context; considers that, in the specific area of defence a political reluctance to implement to the fullest extent the robust provisions provided for in the European treaties and the numerous cooperation arrangements between Member States have weakened the Union’s ability to play a decisive role in external crises; therefore urges the European Council to move from unanimity to qualified majority voting in the fields of CFSP and CSDP where the Treaty on European Union allows it, including on decisions on CSDP civilian missions; recognises, further, that no country is able by itself to address the security challenges on the European continent and in its immediate environment;
Amendment 11 #
2019/2135(INI)
Draft opinion
Paragraph 2 a(new)
Paragraph 2 a(new)
2a. Calls for progressive steps to be taken towards a common defence policy (Article 42(2) TEU) and, eventually, a common defence, while also strengthening conflict prevention and resolution approaches, including through an increase in financial, administrative and human resources dedicated to mediation, dialogue, reconciliation, peace-building and immediate crisis responses;
Amendment 17 #
2019/2135(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. NotWelcomes that several Member States have recently called for the establishment of an EU security council; believes that this concept needs to be defined further before with a view to coordinate the Member States' defence policies, particularly with regard to cybersecurity and assessment of its added value can be carried outnti- terrorism, and jointly developing the EU's defence strategy;
Amendment 20 #
2019/2135(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that an EU white book on security and defence would be an essential strategic tool to reinforce the governance of EU defence policy and the progressive framing of the European Defence Union, would provide for strategic, long-term planning and allow for the gradual synchronisation of defence cycles across the Member States; calls on the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) to draw up such a tool, with a view to including it in, inter alia, the planning for the multiannual financial framework (MFF), and with the further objective of ensuring consistency between the EU Global Strategy Implementation Plan on Security and Defence, the Coordinated Annual Review on Defence (CARD) and the Permanent Structured Cooperation (PESCO); underlines that the EU white book should also address the question of how and under what circumstances there are adequate and legitimate grounds for deploying CSDP missions to address crisis situations, humanitarian crises and conflicts;
Amendment 23 #
2019/2135(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that deeper integration in security and defence should also mean more democratic scrutiny through parliamentary control; reiterates the need, therefore, to strengthen Parliament’s role in this area, namely by establishing a fully- fledged Committee on Security and Defence, which should be complemented by joint interparliamentary meetings between representatives from national parliaments and MEPs; calls on the Member States governments to engage and involve their national parliaments on the decisions taken within the field of CSDP;
Amendment 25 #
2019/2135(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes the lasting deterioration in the Union’s strategic environment in the face of multiple challenges directly or indirectly affecting the security of its Member States and citizens: armed conflicts immediately to the east and south of the European continent, jihadist terrorism, cyber attacks, uncontrolled migrationdisinformation campaigns, increasing threats to natural resources, climate change, etc.;
Amendment 25 #
2019/2135(INI)
Draft opinion
Paragraph 6a(new)
Paragraph 6a(new)
6a. Recalls the existence of Article 44 TEU, which provides additional flexibility provisions and introduces the possibility of entrusting the implementation of crisis management tasks to a group of Member States, which would carry out such tasks in the name of the EU and under the political control and strategic guidance of the Political and Security Committee and the European External Action Service;
Amendment 28 #
2019/2135(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates the need to remove obstacles to the deployment of the EU Battlegroups, and considers that the unanimity requirement in the Council undermines the very purpose of these groups – to act as a military rapid-reaction capacity that responds to emerging crises and conflicts around the world; calls for the institutionalisation of the existing European military structures into the EU framework;
Amendment 42 #
2019/2135(INI)
Draft opinion
Paragraph 12a(new)
Paragraph 12a(new)
12a. Stresses the need to strengthen the European Defence Agency by providing it with needed resources and political backing, thereby allowing it to play a leading and coordinating role in the EU’s CSDP, including in capability development, research and procurement; repeats its view that this would be best done by financing the Agency's staffing and running costs from the Union budget;
Amendment 44 #
2019/2135(INI)
Draft opinion
Paragraph 13b (new)
Paragraph 13b (new)
13b. Reiterates that Article 42(7) TEU establishes a mutual assistance clause in the context of collective security; underlines that Article 42(7) TEU, invoked only once thus far, can constitute a catalyst for the further development of the EU’s security and defence policy, leading to stronger commitments by all Member States; laments that the conditions for triggering the article and the arrangements for providing the assistance required have never been clearly defined; calls for an analysis of the implementation of the mutual assistance clause and for the preparation of further guidelines on its future implementation;
Amendment 45 #
2019/2135(INI)
Draft opinion
Paragraph 13c(new)
Paragraph 13c(new)
13c. Highlights that the solidarity clause (Article 222 TEU) also provides the Union and the Member States with the possibility of providing assistance to a Member State that is the object of a terrorist attack or the victim of a natural or man-made disaster; recalls that the 2013 Cybersecurity Strategy of the European Union states that “a particularly serious cyber incident or attack could constitute sufficient ground for a Member State to invoke the EU Solidarity Clause (article 222 TFEU); reminds that the Council Decision 2014/415/EU ‘on the arrangements for the implementation by the Union of the solidarity clause’, establishes that the solidarity clause calls for the Union to mobilise all the instruments at its disposal, including the structures developed in the framework of the CSDP; calls on Member States to consider the activation of the solidarity clause in the future;
Amendment 60 #
2019/2135(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Continues to condemn Russia’s military intervention and illegal annexation of Crimean peninsula; ensures support for Ukraine's independence, sovereignty and territorial integrity;
Amendment 62 #
2019/2135(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes that targeted restrictive measures can be effective tools, but stresses that they should not affect innocent people and should be in line with the principles of UN Charter and of the CFSP;
Amendment 63 #
2019/2135(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Reiterates its support for Commission President Juncker’s call in his State of the Union Address on 12 September 2018 to move from unanimity to QMV in specific areas of the CFSP, including decisions on sanctions;
Amendment 69 #
2019/2135(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the Union has been slow to react and adapt – politically, diplomatically and militarily – to new crises and to this new international context; considers that, in the specific area of defence, insufficient investment, differences in capabilities and a lack of interoperability, but also, and above all, a political reluctance to implement the robust provisions provided for in the European treaties and the numerous cooperation arrangements between Member States have weakened the Union’s ability to play a decisive role in external crises; therefore urges the European Council to move from unanimity to qualified majority voting in the field of CFSP and CSDP where the Treaty on European Union allows it; including on decisions on EU civilian missions; recognises, further, that no country is able by itself to address the security challenges on the European continent and in its immediate environment;
Amendment 85 #
2019/2135(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is convinced that the response to the Union’s security challenges lies primarily in strengthening its strategic autonomy; therefore, supports moving ahead on security and defence integration, including, in the long term, the creation of a common European Army;
Amendment 96 #
2019/2135(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Welcomes the achievements of the last five years regarding the strengthening of the Common Security and Defence Policy and calls on the Council and the Commission to develop further the Union’s capacities to act as a global partner, representing the interests of European citizens and acting as a positive force in international relations;
Amendment 228 #
2019/2135(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Welcomes the recognition that there is no security without women and stresses the importance of the participation of women in negotiations and missions;
Amendment 231 #
2019/2135(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses the need to assess missions and operations on a regular basis in order to make them more effective; calls on the EEAS and the Commission to draw up mandates and budgets which are appropriate to the operations concerned and to provide for an exit strategy; calls, in that connection, for more regular information sharing and consultations with the relevant parliamentary committees prior, during and after the missions and operations, and calls on the latter to focus their missions and delegations on areas where CSDP missions and operations are deployed; demands that the European Parliament - alongside national parliaments has a strengthened role in CSDP respect, so as to guarantee the parliamentary oversight of the EU Common Security and Defence Policy and its budget;
Amendment 282 #
2019/2135(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Recalls that the solidarity clause (Article 222 TFEU) also provides the Union and the Member States with the possibility of providing assistance to a Member State that is the object of a terrorist attack or the victim of a natural or man-made disaster; recalls that the 2013 Cybersecurity Strategy of the European Union states that “a particularly serious cyber incident or attack could constitute sufficient ground for a Member State to invoke the EU Solidarity Clause (article 222 TFEU); reminds that the Council Decision 2014/415/EU ‘on the arrangements for the implementation by the Union of the solidarity clause’, establishes that the solidarity clause calls for the Union to mobilise all the instruments at its disposal, including the structures developed in the framework of the CSDP; calls on Member States to consider the activation of the solidarity clause in the future;
Amendment 307 #
2019/2135(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
Amendment 370 #
2019/2135(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Stresses the still virtual nature of the European Defence Fund; points out that that this instrument has not yet been finally approved, with only partial and political agreement having been given in April 2019; stresses the importance of maintaining Parliament’s position concerning the amount of the EDF, the involvement of third countries and the establishment of an appropriate intellectual property policy in relation to security and defence in order to protect research results; draws attention, in that connection, to the highly sensitive and strategic nature of defence research, both for industrial competitiveness and for the strategic autonomy of the Union; calls for the initial lessons learned from the implementation of the EDIDP (in particular concerning the application of derogations for eligible entities), the pilot project and the preparatory action on defence research to be properly taken into account; calls on the Member States to be fully involved in the decision-making process in order to avoid bureaucratic excesses and to ensure that the programmes included address the strategic needs of the CSDP and the Member States; considers that the success of the EDF will depend on its ability to cater for the specific defence needs of the participating states and to guarantee the availability of sufficient budgetary resources, whilst ensuring that industrial know-how is not duplicated, national defence investment is not crowded out and cooperation does not become over- complicated; considers that developing the European defence industry by regulating access for entities controlled by non-EU third parties to projects financed by the Fund is fully consistent with the European ambition of strategic autonomy;
Amendment 404 #
2019/2135(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Believes that the Union and its Member States face an unprecedented threat in the form of cyber attacks as well as cyber crime, disinformation campaigns and terrorism; believes that the nature of cyber attacks makes them a threat that requires a Union-level response; encourages the Member States to provide mutual assistance in the event of a cyber attack against any one of them;
Amendment 455 #
2019/2135(INI)
Motion for a resolution
Paragraph 59
Paragraph 59
59. Stresses the importance of cooperation between the Union and other international institutions, in particular the African Union and the OSCE; considers that the Union should also strengthen dialogue and cooperation with third countries in the region and with regional and sub-regional organisations; also believes that a stable and peaceful environment in the Union’s neighbourhood countries are essential in order to stabilize the region, protect the residents, keep the peace and prevent conflicts. Notes with regret that the European Council failed to move forward concerning the enlargement of the Union towards the Western Balkans, in particular with respect to the opening of membership negotiations with North Macedonia and Albania. Urges the Member States, the Council and the European Commission to maintain a strong relationship with the countries of the Western Balkans, acting on earlier commitments of the EU as regards their European perspective, supporting their reforms aiming at the fulfilment of the Copenhagen Criteria for EU Membership; ensuring that each country is judged according to their real progress towards these requirements; maintaining a credible framework for enlargement; and further deepening the region’s integration in order to ensure the stable and peaceful development of the Western Balkans as a strategic partner of the European Union;
Amendment 465 #
2019/2135(INI)
Motion for a resolution
Paragraph 60 a (new)
Paragraph 60 a (new)
60a. In order to tackle the threat of nuclear proliferation stresses the importance of multilateral negotiations among the European Union and the involved parties; urges to respect the nuclear treaties, to support closing new treaty which replace the INF (Intermediate-Range Nuclear Forces)Treaty and to renewing the Non- Proliferation Treaty (NPT) in 2020;
Amendment 7 #
2019/2125(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the EU Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, adopted on 24 June 2013,
Amendment 8 #
2019/2125(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the EU Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, adopted on 24 June 2013,
Amendment 11 #
2019/2125(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the EU Guidelines on Human Rights Defenders,
Amendment 12 #
2019/2125(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
– having regard to the EU Guidelines on Death Penalty, adopted by the Council in 2013,
Amendment 14 #
2019/2125(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
– having regard to the revised EU Guidelines on EU policy towards third countries on torture and other cruel, inhuman and degrading treatment or punishment, adopted on 16 September 2019,
Amendment 15 #
2019/2125(INI)
Motion for a resolution
Citation 8 c (new)
Citation 8 c (new)
– having regard to the EU Human Rights Guidelines on safe drinking water and sanitation, adopted on 17 June 2019,
Amendment 17 #
2019/2125(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197) and the Convention on the Protection of Children against Sexual exploitation and Sexual Abuse (CETS No. 201),
Amendment 22 #
2019/2125(INI)
Motion for a resolution
Citation 12
Citation 12
– having regard to the UN Convention on the Rights of the Child of 20 November 1989, and its two Optional Protocols,
Amendment 27 #
2019/2125(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), 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 30 #
2019/2125(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to the Yogyakarta Principles (‘Principles and State Obligations on the Application of International Human Rights Law in Relation to Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics’) adopted in November 2006, and the 10 complementary principles (‘plus 10’) adopted on 10 November 2017,
Amendment 31 #
2019/2125(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
Amendment 33 #
2019/2125(INI)
Motion for a resolution
Citation 14 b (new)
Citation 14 b (new)
– having regard to the core ILO conventions,
Amendment 48 #
2019/2125(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
– having regard to its resolution of 15 January 2019 on EU Guidelines and the mandate of the EU Special Envoy on the promotion of freedom of religion or belief outside the EU,
Amendment 51 #
2019/2125(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
– having regard to its resolution of 14 February 2018 on the future of the LGBTI List of Actions (2019-2024) (2019/2573(RSP)),
Amendment 52 #
2019/2125(INI)
Motion for a resolution
Citation 23 b (new)
Citation 23 b (new)
– having regard to its resolution of 14 February 2018 on the future of the LGBTI List of Actions (2019-2024) (2019/2573(RSP)),
Amendment 53 #
2019/2125(INI)
Motion for a resolution
Citation 23 c (new)
Citation 23 c (new)
– having regard to its resolution on experiencing a backlash in women’s rights and gender equality in the EU (2018/2684(RSP)),
Amendment 54 #
2019/2125(INI)
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
– having regard to all its resolutions on breaches of human rights, democracy and rule of law (known as urgency resolutions, in accordance with Rule 144, formerly rule 135, of its rule of procedures) adopted in 2018,
Amendment 70 #
2019/2125(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the present decade is witnessing a visible and organised offensive at global and European level against gender equality and women’s rights, including in the EU and particularly manifested in a number of Member States going hand in hand with nationalist and anti-democratic ideologies;
Amendment 71 #
2019/2125(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas this backlash against women’s rights and gender equality attacks key areas of the institutional and policy framework for gender equality and women’s rights, such as gender mainstreaming, social and labour protection, education, sexual and reproductive health and rights, preventing and combating violence against women and gender-based violence (including hate speech and on-line harassment), LGBTI+ rights, the presence of women in political decision-making positions and working space, and adequate funding for women’s and other human rights organisations and movements;
Amendment 74 #
2019/2125(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas sexual and reproductive health and rights are grounded on basic human rights and are essential elements of human dignity, whereas furthermore, these have not yet been secured in all parts of the world, including parts of the EU;
Amendment 75 #
2019/2125(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 76 #
2019/2125(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas a comprehensive and binding EU Strategy for Gender Equality as requested by the EP for long and promised by the designate President of the Commission must provide for gender mainstreaming of all EU policies, including the integration of gender equality into the EU’s trade policy and foreign relations policy and reinforce the impact of the upcoming Gender Action Plan III;
Amendment 80 #
2019/2125(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas environmental emergencies, including global warming and deforestation of millenary rainforest are a direct result of deliberate human policy choices and constitute a human rights violation not only for the people directly affected by loss of their homes and habitats, but also to humanity as a whole and highlight the importance of recognising that each individual on the planet also has a right to breath clean air and to the environment;
Amendment 84 #
2019/2125(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Amendment 94 #
2019/2125(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Expresses its deep concern at the attacks on democracy and the rule of law worldwide in 2018, which reflect the rise of authoritarianism as a political project, embodying disregard for human rights, repression of dissent, politicised justice and predetermined elections, shrinking space for civil society to operate, as well as limiting freedom of assembly and freedom of expression; is of the opinion that countries falling into authoritarian regimes become more vulnerable to instability, conflict, corruption and violent extremism; welcomes the fact that, at the same time, a number of countries have launched peace and democratisation processes, implemented constitutional and judicial reforms, and engaged with civil society in open and public debates with the objective of promoting fundamental freedoms and human rights, including the abolition of the death penalty;
Amendment 98 #
2019/2125(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Express its deep concern that in addition to countries where democracy, human rights and the rule of law have been under threat, there still exists regimes that deny the very existence of universal human rights enshrined in international law, where even the most basic rights are arbitrarily bestowed or removed as if they were privileges by absolute authority of the State, where large segments of their population, including in particular women or minorities, are systematically denied any standing, and yet the regimes are given equal standing in the brotherhood of nations, legitimising the denial of total human rights as a method of government.
Amendment 103 #
2019/2125(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reminds that there can be no hierarchy of human rights; stresses the need to ensure full respect for, and adherence to, the principle that human rights are universal and inalienable, indivisible, interdependent and interrelated; stresses the severe unacceptability of attempts to use the rights of certain groups to justify the marginalisation of others;
Amendment 105 #
2019/2125(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reminds that there can be no hierarchy of human rights; stresses the need to ensure full respect for, and adherence to, the principle that human rights are universal and inalienable, indivisible, interdependent and interrelated; stresses the severe unacceptability of attempts to use the rights of certain groups to justify the marginalisation of others;
Amendment 129 #
2019/2125(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is seriously concerned at the increase in the number of cases of murder, attacks and intimidation against people standing up for human rights throughout the world, in particular journalists, scholars, lawyers and civil society activists, inter alia environmental and land defenders, mainly in countries with high levels of corruption and a poor record of upholding the rule of law and judicial oversight; notes that women human rights defenders face specific risks and need adequate protection;
Amendment 138 #
2019/2125(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the importance of advancing gender equality and women’s rights worldwide; emphasises that, in spite of progress, women and girls continue to suffer discrimination and violence; stresses that manyost societies still struggle to provide women and girls with equal rights under the law and equal access to education, healthcare, decent work and equal pay and political and economic representation; expresses concerns over the ongoing attacks on women’s rights and sexual and reproductive health and rights (SRHR), as well as over legislation in many parts of the world that restricts these rights, including in the EU;
Amendment 140 #
2019/2125(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the importance of advancing gender equality and women’s rights worldwide; emphasises that, in spite of progress, women and girls continue to suffer discrimination and violence; stresses that many societies still struggle to provide women and girls with equal rights under the law and equal access to education, healthcare, decent work and political and economic representation; points out inter alia FGM among the most heinous human rights violations; welcomes the Spotlight initiative on violence against women launched by the European Commission and asks for its reinforcement;
Amendment 142 #
2019/2125(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that respecting and promoting the rights of the child, fighting against all manifestationkinds of abuse, neglect, the trafficking and exploitation of children, including theforced marriages and the recruitment or use of child soldiers in armed conflict, and providing children with care and education are crucial tostakes for the future of humanity; in this respect supports the Monitoring and Reporting Mechanism (MRM) established with United Nations Security Council Resolution 1612 on children and armed conflict, including the strengthening of the independence and impartiality of the composition of the annual list of child rights violators, free from political interference;
Amendment 144 #
2019/2125(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that respecting and promoting the rights of the child, fighting against all manifestations of abuse, neglect, mistreatment, the trafficking and exploitation of children, including the use of child soldiers in armed conflict, and providing children with care and education are crucial to the future of humanity;
Amendment 145 #
2019/2125(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that respecting and promoting the rights of the child, fighting against all manifestations of abuse, neglect, mistreatment, the trafficking and exploitation of children, including the use of child soldiers in armed conflict, and providing children with care and education are crucial to the future of humanity;
Amendment 149 #
2019/2125(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Draws attention to instances of persecution and discrimination based on ethnicity, nationality, class, caste, religion, belief, language, sexual orientation, sex characteristics, sexual orientation gender identity, and age, which remain rife in many countries and societies; is seriously concerned at the increasingly intolerant and hate-filled responses targeting people who are the victims of these human rights violations;
Amendment 154 #
2019/2125(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Draws attention to instances of persecution and discrimination based on ethnicity, nationality, class, caste, religion, belief, language, sexual orientation, gender identity, sex characteristics and age, which remain rife in many countries and societies; is seriously concerned at the increasingly intolerant and hate-filled responses targeting people who are the victims of these human rights violations;
Amendment 174 #
2019/2125(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that freedom of speech and expression, as well as media pluralism, are at the heart of resilient democratic societies; urges that the best possible safeguards against hate speech, disinformation campaigns and hostile propaganda be put in place by developing a legal framework both at EU and international level for tackling hybrid threats, including cyber and information warfare;
Amendment 177 #
2019/2125(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that freedom of speech and expression, as well as media pluralism, are at the heart of resilient democratic societies; urges that the best possible safeguards against hate speech, disinformation campaigns and hostile propaganda be put in place by developing a legal framework both at EU and international level for tackling hybrid threats, including cyber and information warfare;
Amendment 179 #
2019/2125(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that freedom of speech and expression, as well as media pluralism, are at the heart of resilient democratic societies; urges that the best possible safeguards against disinformation campaigns and hostile propaganda and radicalisation be put in place by developing a legal framework both at EU and international level for tackling hybrid threats, including cyber and information warfare;
Amendment 187 #
2019/2125(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Underscores the importance of human rights to be promoted and mainstreamed across all external policy of the EU; takes note of the works on such important issues being currently carried out under the status of a subcommittee in Parliament; reiterates its call to upgrade this into a full committee;
Amendment 190 #
2019/2125(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission and EU Member States to adopt a new ambitious, comprehensive and binding Action Plan on Human Rights and Democracy for the next five years; its implementation and impact should be assessed through a strong monitoring mechanism;
Amendment 192 #
2019/2125(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Notes the importance of its resolutions on breaches of human rights, democracy and the rule of law (known as urgency resolutions, in accordance with Rule 144, formerly Rule 135 of its rules of procedures); underlines the legal recurrence and the paramount visibility of the EU, by means of this tool, in its fight for human rights; calls on the EEAS to provide Parliament with regular reports on the follow-up actions it has taken on all the urgency resolutions and/or the recommendations therein; calls on the EEAS and EU Member States to enhance the visibility of the human rights violations raised in Parliament's urgency resolutions; reiterates its belief that this tool can be further developed to strengthen human rights and democracy through increased timely reflection, targeting and efficiency;
Amendment 193 #
2019/2125(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Strongly recommends that the Commission enhances its engagement with Parliament's Subcommittee on Human Rights to enable it to contribute actively to the upcoming EU Action Plan on Human Rights and Democracy;
Amendment 194 #
2019/2125(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on the EEAS and the Commission to inform, consult and work closely with Parliament's Subcommittee on Human Rights, when revising and/or adopting EU policy documents for the conduct and monitoring of EU human rights foreign policy;
Amendment 202 #
2019/2125(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights that trade and human rights reinforce each other, and that the business community has an important role to play in offering positive incentives in terms of promoting human rights, democracy and corporate responsibility; reminds the Commission and the European External Action Service (EEAS) of the need to make effective use of human rights clauses within international agreements, based on political dialogue, the regular assessment of progress and recourse to the consultation procedure upon request from a party; requests that robust implementation and monitoring mechanisms of human rights clauses be put in place, involving Parliament, national and local civil society and relevant international organisations, as well as establishing a complaints mechanism for groups of citizens and stakeholders who are affected by human rights violations;
Amendment 203 #
2019/2125(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights that trade and human rights reinforce each other, and that the business community has an important role to play in offering positive incentives in terms of promoting human rights, democracy and corporate responsibility; reminds the Commission and the European External Action Service (EEAS) of the need to make effective use of human rights clauses within international agreements, based on political dialogue, the regular assessment of progress and recourse to the consultation procedure upon request from a party; requests that robust implementation and monitoring mechanisms of human rights clauses be put in place, involving Parliament, local civil society and relevant international organisations, as well as establishing a complaints mechanism for groups of citizens and stakeholders who are affected by human rights violations;
Amendment 205 #
2019/2125(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Draws attention on the human rights impact of environmental devastation, both for populations that are subject to land invasion, and in respect of the right to the environment for all of humanity; urges EU institutions and Member States to include the right to breath clean air in their national international human rights policies;
Amendment 234 #
2019/2125(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the link between the increase in human rights violations and widespread impunity and the lack of accountability in regions and countries devastated by conflicts or marked by politically motivated intimidation, discrimination, harassment and assault, abduction, violent policing, arbitrary arrests and cases of torturerbitrary arrests, cases of torture and killings; calls to support actions aimed at combating impunity and promote accountability especially in those regions where the dynamics of impunity reward those who bear the greatest responsibility and disempower victims;
Amendment 237 #
2019/2125(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the link between the increase in human rights violations and widespread impunity and the lack of accountability in regions and countries devastated by conflicts or marked by politically motivated intimidation, discrimination, harassment and assault, abduction, violent policing, arbitrary arrests and cases of torture; stresses also that in conflicts, minorities and marginalised groups are often particularly severely impacted;
Amendment 239 #
2019/2125(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the link between the increase in human rights violations and widespread impunity and the lack of accountability in regions and countries devastated by conflicts or marked by politically motivated intimidation, discrimination, harassment and assault, abduction, violent policing, arbitrary arrests and cases of torture; stresses also that in conflicts, minorities and marginalised groups are often particularly severely impacted;
Amendment 242 #
2019/2125(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Recalls its resolutions denouncing specific responsibilities for conflicts that in 2018 have caused hundreds of children casualties, conducted as part of deliberate attacks against the civilian population and humanitarian infrastructure; urges the EU Member States to refrain from selling arms and any military equipment to all parties to conflicts;
Amendment 258 #
2019/2125(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Recalls that in 2018 the EU supported the resolution on Yemen which denounces the responsibilities of the humanitarian crisis of both Houthi forces and the coalition led by Saudi Arabia and the United Arab Emirates (UAE) particularly in the casualties of hundreds of children in the take of the city of Hodeidah; urges the EU Member States to refrain from selling arms and any military equipment to Saudi Arabia, the UAE and any member of the international coalition, as well as to the Yemeni Government and other parties to the conflict;
Amendment 278 #
2019/2125(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses the invaluable and essential role that HRDs play at the risk of their lives; recommends strengthening cooperation between the EU institutions and the Member States, enabling them to provide continuous support to HRDs; values the ‘ProtectDefenders.eu’ mechanism established to protect HRDs at grave risk; calls on the Council and the Commission to establish a specific coordinated procedure for awarding visas to HRDs; calls on the Commission to make full use of the financial capacity of the European Instrument for Democracy and Human Rights (EIDHR) to support HRDs, ensuring it is accessible and reaches those most in need, who are most marginalised;
Amendment 279 #
2019/2125(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Expresses its concern at the continued shrinking of civil society space in 2018; deplores that human rights defenders continue to be increasingly killed, persecuted, harassed and arbitrarily detained for defending universal principles of human rights; deplores the increasing enactment and abusive use of laws in third countries implemented to curtail and criminalise the legitimate work of human rights defenders;
Amendment 282 #
2019/2125(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Notes that women’s rights organisations and defenders are specifically targeted and suffer particularly from the shrinking civic space; stresses the need for the EU to politically support, increasingly protect and raise financial allocations for independent civil society organisations that promote the rights of women and girls in all areas; urges the EU and Member States to ensure the protection of women human rights defenders (WHRDs) and take into account the specific protection needs they have;
Amendment 283 #
2019/2125(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Underscores that HRDs working on land, environmental and indigenous rights, women HRDs and LGBTI+ rights defenders are those most at risk and require special attention; highlights that HRDs are indispensable actors in the promotion of human rights and democratisation;
Amendment 288 #
2019/2125(INI)
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20d. Calls on all EU Delegations and their focal point on human rights on the ground to regularly implement their obligation to meet with human HRDs, visit detained activists, monitor their trials and advocate for their protection on the ground; calls for them to be more visible and vocal with regard to human rights concerns; in this regard, further calls the EEAS, to collaborate more closely with Parliament and to raise concerns at an early stage;
Amendment 292 #
2019/2125(INI)
Motion for a resolution
Paragraph 20 e (new)
Paragraph 20 e (new)
20e. Highlights that 2018 marked the 20th anniversary of the UN declaration on Human Rights Defenders; welcomes the first ever European Parliament Human Rights Week, which offered a platform for an exchange with HRDs; encourages the EU institutions to retain this practice on a regular basis;
Amendment 297 #
2019/2125(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Strongly supports the EU’s strategic engagement for gender equality and its ongoing efforts to improve the human rights situation of women and girls, in line with the 2030 SDGs; and calls for the EU to adopt a comprehensive and binding Gender Equality Strategy once the strategic engagement expires; calls on the European Commission to prepare and adopt a communication to renew the Gender Action Plan after 2020, as an important EU tool to contribute to women and girls’ rights worldwide; calls on Member States to endorse the Gender Action Plan III in Council conclusions calls on the Commission and the EEAS to further contribute to gender equality and girls’ and women’s empowerment by working closely with international organisations and non-EU countries, in order to develop and implement new legal frameworks regarding gender equality, and to eradicate harmful practices targeted at women and girls, such as child marriage and female genital mutilation;
Amendment 301 #
2019/2125(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Strongly supports the EU’s strategic engagement for gender equality and its ongoing efforts to improve the human rights situation of women and girls, in line with the 2030 SDGs; calls on the Commission and the EEAS to further contribute to gender equality and girls’ and women’s empowerment by working closely with international organisations and non-EU countries and civil society, in order to develop and implement new legal frameworks regarding gender equality, and to eradicate harmful practices targeted at women and girls, such as child marriage and female genital mutilation;
Amendment 310 #
2019/2125(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Welcomes the approach of integrating the gender perspective in EU Common Security and Defence Policy activities and underlines the importance of providing adequate gender sensitive training to healthcare professionals and humanitarian aid workers, including those working in emergency assistance;
Amendment 311 #
2019/2125(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Condemns all forms of gender- based, physical, sexual and psychological violence and exploitation, mass rape, trafficking, female genital mutilation; Reiterates its call on EU Member States who have not yet done so to ratify and implement the Istanbul Convention as soon as possible; urges countries to step up their legislation in order to tackle these issues; recalls that violence against women is deeply rooted in gender inequality and therefore needs to be addressed comprehensively; calls on the EU to work with other countries to step up their actions in the fields of education, healthcare and social services, data collection, funding and programming, to better prevent and respond to sexual and gender-based violence worldwide; supports the continuation of the joint EU- UN Spotlight Initiative;
Amendment 313 #
2019/2125(INI)
Motion for a resolution
Paragraph 21 d (new)
Paragraph 21 d (new)
21d. Finds it unacceptable that women’s and girls’ sexual and reproductive health and rights remains an ideological battleground, including in multilateral settings; calls for the EU and its Member States to recognise the inalienable rights of women and girls to bodily integrity and autonomous decision- making, and condemns the frequent violations of women’s sexual and reproductive rights, including the denial of access to relevant services; calls on the EU to guarantee access to family planning services, contraceptives and safe and legal abortion services through its human rights, humanitarian and development policies, particularly in conflict and post-conflict situations and for victims of sexual violence as a weapon of war;
Amendment 315 #
2019/2125(INI)
Motion for a resolution
Paragraph 21 e (new)
Paragraph 21 e (new)
21e. Finds it inacceptable that women’s and girls’ bodies, specifically with respect to their sexual and reproductive health and rights, still remain an ideological battleground, in EU Member States as well as worldwide; calls for the EU and EU Member States to recognise the inalienable rights of women and girls to bodily integrity and autonomous decision making and condemns the frequent violation of women’s SRHR, including the denial of access to family planning services, affordable contraception and safe and legal abortion services;
Amendment 318 #
2019/2125(INI)
Motion for a resolution
Paragraph 21 f (new)
Paragraph 21 f (new)
21f. Affirms that access to health is a human right, that sexual and reproductive health and rights are grounded on basic human rights, and are essential elements of human dignity; emphasises that proper and affordable health care and in particular access to sexual and reproductive health and rights should be guaranteed for all, including comprehensive sexuality and relationships education and information, family planning, modern contraceptive methods, safe and legal abortion, and maternal, antenatal and post-natal healthcare; notes that these services are important elements to save women’s lives and reduce infant and child mortality;
Amendment 319 #
2019/2125(INI)
Motion for a resolution
Paragraph 21 g (new)
Paragraph 21 g (new)
21g. Stresses the importance of viewing access to health as a human right; highlights the need to guarantee access to sexual and reproductive health and rights, including measures to ensure that women freely control their bodies and lives, have access to family planning, to adequate feminine hygiene products and to receive the recommended natal care to prevent child and maternal mortality; highlights that safe abortion services are important elements to save women’s lives and contribute to avoiding high-risks births and reducing infant and child mortality; stresses the importance of access to adequate gender-sensitive mental health services, particularly in conflict and post- conflict situations;
Amendment 322 #
2019/2125(INI)
Motion for a resolution
Paragraph 21 i (new)
Paragraph 21 i (new)
21i. Expresses grave concerns on the escalated use of torture in the form of sexual and gender based violence, as a weapon of war;
Amendment 325 #
2019/2125(INI)
Motion for a resolution
Paragraph 21 j (new)
Paragraph 21 j (new)
21j. Stresses the alarming increase of violence against women and calls for further action in order to assure that the Istanbul Convention is ratified and thus implemented entirely all over Europe;
Amendment 327 #
2019/2125(INI)
Motion for a resolution
Paragraph 21 k (new)
Paragraph 21 k (new)
21k. Emphasises that gender equality should be a key priority in all working relations, policies and external actions of the EU, as it is a principle for the EU and its Member States itself according to the Treaties;
Amendment 328 #
2019/2125(INI)
Motion for a resolution
Paragraph 21 l (new)
Paragraph 21 l (new)
21l. Calls on the Commission to closely monitor the promotion and status of gender equality in the most affected EU Member States, with special regard to the institutional, policy and legislative framework;
Amendment 329 #
2019/2125(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for new EU initiatives to promote and protect the rights of the child, including to prevent and combat child abuse in the world, to rehabilitate and reintegrate conflict-affected children, especially those involved with extremist groups, and to provide them with a sheltered environment in which care and education are fundamental; calls foron the EU to initiate an international movement to advocate the rights of the child, inter alia by organising an international conference on the protection of children in fragile environments;
Amendment 331 #
2019/2125(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for new EU initiatives to prevent and combat child abuse in the world, to rehabilitate conflict-affected children and children that suffer from multiple and intersectional discrimination, and to provide them with a sheltered environment in which care and education are fundamental; calls for the EU to initiate an international movement to advocate the rights of the child, inter alia by organising an international conference on the protection of children in fragile environments;
Amendment 332 #
2019/2125(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for new EU initiatives to prevent and combat child abuse in the world, to rehabilitate conflict-affected children and children that suffer from multiple and intersectional discrimination and to provide them with a sheltered environment in which care and education are fundamental; calls for the EU to initiate an international movement to advocate the rights of the child, inter alia by organising an international conference on the protection of children in fragile environments;
Amendment 347 #
2019/2125(INI)
Motion for a resolution
Subheading 8 a (new)
Subheading 8 a (new)
Rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons
Amendment 350 #
2019/2125(INI)
Motion for a resolution
Subheading 8 a (new)
Subheading 8 a (new)
Rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons
Amendment 356 #
2019/2125(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Strongly supports the Commission List of actions to advance LGBTI equality and the Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex persons for external action from 2013, as important elements of the EU’s ongoing efforts to improve the human rights of LGBTI people, in line with the 2030 Sustainable Development Goals; calls on the Commission/EEAS to continue the work on protecting and furthering the human rights of LGBTI people, by working closely with international organisations and non-EU countries, in order to combat discrimination and human rights violations, as well as support the development of legislation and policies protecting the human rights of LGBTI people worldwide;
Amendment 357 #
2019/2125(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Strongly supports the Commission List of actions to advance LGBTI equality and the Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex persons for external action from 2013, as important elements of the EU’s ongoing efforts to improve the human rights of LGBTI people, in line with the 2030 Sustainable Development Goals; calls on the Commission/EEAS to continue the work on protecting and furthering the human rights of LGBTI people, by working closely with international organisations and non-EU countries, in order to combat discrimination and human rights violations, as well as support the development of legislation and policies protecting the human rights of LGBTI people worldwide;
Amendment 381 #
2019/2125(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission, the /EEAS and theEU Member States to step upincrease advocacy ion freedom of relatigion to FoRB, andor belief (FoRB) including the right to change or renounce religion and belief and not to profess any, to launch the interreligious dialogue with states and representatives of civil society and faith groups in orderso as to prevent acts of violence and discrimination against persons on the grounds of thought, conscience, religion or belief, including the right of pilgrims to access holy and religious sites without discrimination based on nationality, racial and ethnic origin, disability, gender and sexual orientation; calls foron the EU to continue to forge alliances and to enhance cooperation with a broad range of countries and reg, regional and international organisations and civil society, in order to deliver positive change in relation ton FoRB; remindcalls the Council and Commission of the need to adequately support the institutional mandate, capacity and duties of the Special Envoy for the promotion of FoRB outside the EU;
Amendment 394 #
2019/2125(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Is deeply concerned that some countries penalise blasphemy, conversion or apostasy, including by the death penalty; reiterates that the right to FoRB includes the rights not to believe, to espouse theistic, non-theistic, agnostic or atheistic views and the right to apostasy;
Amendment 400 #
2019/2125(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Reminds that the principle of the separation of church and state is a prime constitutional principle worldwide and in Europe;
Amendment 411 #
2019/2125(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24c. Welcomes the revised EU policy towards third countries on torture and other cruel, inhuman and degrading treatment or punishment; calls on the EU Member States to mainstream safeguards against torture and other ill treatment in all their actions and policies;
Amendment 412 #
2019/2125(INI)
Motion for a resolution
Paragraph 24 d (new)
Paragraph 24 d (new)
24d. Highlights the importance of further strengthening cooperation with UN mechanisms, regional bodies and relevant actors such as the ICC, as well as CSOs and HRDs in the fight against torture and other ill treatment;
Amendment 413 #
2019/2125(INI)
Motion for a resolution
Paragraph 24 e (new)
Paragraph 24 e (new)
24e. Calls for EU Member States to immediately end global trade in goods used for torture and capital punishment;
Amendment 433 #
2019/2125(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes positive note of the GSP+ preference system as a means of stimulating the effective implementation of the 27 core international conventions on human rights and labour standards; acknowledges that global value chains contribute to enhancing international core labour, environmental and social standards, and represent an opportunity in terms of sustainable progress, particularly in developing countries and in countries at greater risk due to climate change;
Amendment 454 #
2019/2125(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses the urgent need to tackle the root causes of migration flows such as wars, conflicts, persecution, networks of illegal migration, trafficking, smuggling and climate change; calls, climate change and poverty, and to establish legal migration routes and channels and to facilitate voluntary returns where this is possible; considers it important, therefore, that resources for development and cooperation are not diverted away from these objectives to be directed instead towards border blockades and controls, with no real guarantees of human rights being fully respected; calls therefore for the external dimension of the refugee crisis to be addressed, including by finding sustainable solutions to conflicts through building cooperation and partnerships with the third countries concerned; insists that the implementation of the Global Compacts on migration and refugees must therefore go hand in hand with the implementation of the UN’s 2030 Agenda as set out in the Strategic Development Goals, as well as with increased investment in developing countries;
Amendment 476 #
2019/2125(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses that the EU should continue to actively support democratic and effective human rights institutions and civil society in their efforts to promote democratisation; reminds that human rights are a fundamental corner stone of democratisation processes; positively notes, in this context, the European Endowment for Democracy’s consistent engagement in the eastern and southern neighbourhoods of the EU to promote democracy and respect for fundamental rights and freedoms; recalls that the experience gained and the lessons learned from transitions to democracy in the framework of the enlargement and neighbourhood policies could make a positive contribution to the identification of best practices that could be used to support and consolidate other democratisation processes worldwide;
Amendment 477 #
2019/2125(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses that the EU should continue to actively support democratic and effective human rights institutions and civil society in their efforts to promote democratisation; reminds that human rights are a fundamental corner stone of democratisation processes; positively notes, in this context, the European Endowment for Democracy’s consistent engagement in the eastern and southern neighbourhoods of the EU to promote democracy and respect for fundamental rights and freedoms; recalls that the experience gained and the lessons learned from transitions to democracy in the framework of the enlargement and neighbourhood policies could make a positive contribution to the identification of best practices that could be used to support and consolidate other democratisation processes worldwide;
Amendment 482 #
2019/2125(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses that the EU should continue to actively support democratic and effective human rights institutions and civil society in their efforts to promote democratisation; positively notes, in this context, the European Endowment for Democracy’s consistent engagement in the eastern and southern neighbourhoods of the EU to promote democracy and respect for fundamental rights and freedoms; recalls that the experience gained and the lessons learned from transitions to democracy in the framework of the enlargement and neighbourhood policies could make a positive contribution to the identification of best practices that could be used to support and consolidate other democratisation processes worldwide; in this respect emphasises the role of education to human rights and democratisation as essential tool to reinforce these values both within and outside the European Union;
Amendment 93 #
2018/0902R(NLE)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. Whereas in the centuries-long history of Hungary the peaceful coexistence of different nationalities and ethnic groups has had positive effects on the cultural wealth and prosperity of the nation, Hungary is reminded to continue this tradition and to resolutely oppose all efforts that might discriminate against individual groups.
Amendment 95 #
2018/0902R(NLE)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. Whereas Hungary itself has subscribed to the values enshrined in Article 2 of the Treaty on European Union (TEU), and whereas the joy of joining the European Union in 2004 was great and full of hope, Hungary is reminded to consider itself a constructive member of the Union, to respect the Union's values of the rule of law and respect for fundamental rights.
Amendment 100 #
2018/0902R(NLE)
Motion for a resolution
Recital L c (new)
Recital L c (new)
Lc. Whereas Hungary’s government disregards systematically the European supremacy principle of the role of the EU Court of Justice, but itself employs the EU Court of Justice when it comes to bringing actions against existing European laws.
Amendment 103 #
2018/0902R(NLE)
Motion for a resolution
Recital L d (new)
Recital L d (new)
Ld. Whereas blocking sanctions against Russia in the Council undermines the Union's own ability to act as a whole and constitutes a security problem for the European Union.
Amendment 105 #
2018/0902R(NLE)
Motion for a resolution
Recital L e (new)
Recital L e (new)
Le. Whereas the European Court of Justice (ECJ) has overturned significant parts of Hungary's asylum law in various rulings - most recently on 17 December 2020 - and Hungary has been condemned for pushbacks of asylum seekers and Frontex has had to cancel joint operations due to the fundamental rights violations found by the ECJ
Amendment 109 #
2018/0902R(NLE)
Motion for a resolution
Recital L f (new)
Recital L f (new)
Lf. Whereas Hungary did not agree to the application of the common Temporary Protection Directive on 3 March 2022, but the first application was decided by a two- thirds majority and thus Hungary must also comply with its provisions.
Amendment 112 #
2018/0902R(NLE)
Motion for a resolution
Recital L g (new)
Recital L g (new)
Lg. Whereas on 02.06.2021 the two third majority in the Hungarian government has decided not to participate in the establishment of the European Public Prosecutor's Office (EPPO) or the strengthened cooperation among EU prosecutors and that therefore the European Public Prosecutor's Office is not allowed to enter the country, thus hindering the investigation and prevention of corruption.
Amendment 115 #
2018/0902R(NLE)
Motion for a resolution
Recital L h (new)
Recital L h (new)
Lh. Recalls the joint statement of the presidents of the Hungarian and Romanian Constitutional Courts, Péter Paczolay and Augustin Zegrean, on the occasion of a meeting of the members of the two institutions, on 16 May 2013 in Eger, which emphasized the special responsibility of constitutional courts in countries governed by a 2/3 majority.
Amendment 117 #
2018/0902R(NLE)
Motion for a resolution
Recital L i (new)
Recital L i (new)
Li. Whereas the systematic dismantling of the rule of law, democracy and fundamental rights has enormously restricted the space for opposition parties and civil society, leaving no social dialogue and consultation mechanism with civil society organisations, trade unions and interest groups
Amendment 119 #
2018/0902R(NLE)
Motion for a resolution
Recital L j (new)
Recital L j (new)
Lj. Whereas the government's restrictions on civil society have destroyed the social dialogue and consultation mechanism with civil society organisations, trade unions and interest groups, calls on the Hungarian government to make every effort to strengthen the social dialogue and broad consultation mechanism and to guarantee the rights associated with it.
Amendment 121 #
2018/0902R(NLE)
Motion for a resolution
Recital L k (new)
Recital L k (new)
Lk. Recalls the expulsion of the Central European University (CEU) from Budapest and condemns the constant attacks on academic freedom, such as the ban on gender studies in university curricula.
Amendment 123 #
2018/0902R(NLE)
Motion for a resolution
Recital L l (new)
Recital L l (new)
Ll. Whereas in Hungary independent journalists, media owners and politicians had the Pegasus software downloaded onto their mobile phones without their knowledge, and the fact that pro- government media in Hungary hardly reported on Pegasus, illustrates the restriction of freedom of assembly and the right to privacy.
Amendment 125 #
2018/0902R(NLE)
Motion for a resolution
Recital L m (new)
Recital L m (new)
Lm. Whereas non-discrimination is a fundamental right enshrined in Article 21 of the Charter and that the referendum against LGBTQ people held in Hungary on 3 April 2022 has been discriminatory and violated this fundamental right. Recalls in addition that the results were deemed invalid as neither option ('yes' or 'no') gathered 50% of the votes.
Amendment 127 #
2018/0902R(NLE)
Motion for a resolution
Recital L n (new)
Recital L n (new)
Ln. urges the Hungarian government to end discrimination against Roma, to intensify its activities to integrate Roma and to take appropriate measures to protect Roma population. Racist threats against the Roma population must be unequivocally and decisively countered.
Amendment 129 #
2018/0902R(NLE)
Motion for a resolution
Recital L o (new)
Recital L o (new)
Lo. notes that the proportion of women in the Hungarian Parliament in 2019 was 12.6 per cent, the lowest in national parliaments in Europe, and that also the new two-thirds majority has only ten women
Amendment 131 #
2018/0902R(NLE)
Motion for a resolution
Recital L p (new)
Recital L p (new)
Lp. Whereas on 5th of May 2020 the Hungarian Parliament has refused to ratify the Council of Europe's Istanbul Convention on Violence against Women. Is deeply concerned about the increase of domestic violence against women during the Corona pandemic in Europe.
Amendment 133 #
2018/0902R(NLE)
Motion for a resolution
Recital L q (new)
Recital L q (new)
Lq. Whereas the UNESCO World Heritage Advisory Council, ICOMOS International, has described the planned large-scale project at Lake Neusiedl in Fertörakos, Hungary, in an analysis as a threat to the World Heritage Site.
Amendment 135 #
2018/0902R(NLE)
Motion for a resolution
Recital L r (new)
Recital L r (new)
Lr. Condemns that, together with a high level of corruption, there has been a massive increase in social inequality, insecurity and poverty, which not only leads to great insecurity among the population but also constitutes a violation of private property rights and undermines basic civil liberties
Amendment 137 #
2018/0902R(NLE)
Motion for a resolution
Recital L s (new)
Recital L s (new)
Ls. Condemns the fact that, in the case of homelessness, the social security system focuses primarily on declaring it illegal for homeless people to stay in public areas and on punitive measures, and calls for social inclusion measures.
Amendment 70 #
2016/0224(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) ‘In order to guarantee the rights of the applicant, a decision concerning his or her application should be given in writing. Where the decision does not grant international protection, the applicant should be given reasons in fact and in law, information on the consequences of the decision and the modalities for challenging it. Without prejudice to the applicant’s right to remain and to the principle of non-refoulement, such a decision may include, or may be issued together with, a return decision issued in accordance with Article 6 of Directive 2008/115/EC of the European Parliament and of the Council.
Amendment 74 #
2016/0224(COD)
Proposal for a regulation
Recital 31a
Recital 31a
(31a) In orWhere a Member State considers tohat it would increase the efficiency of procedures and to reduce the risk of absconding and the likelihood of unauthorised movements, if there should bare no procedural gasteps between the issuance of a negative decision on an application for international protection and of a return decision. A, it may issue a return decision should immediately be issued to applicants whose applications are rejected. Without prejudice to the right to an effective remedy, the return decision should either be part of the negative decision on an application for intThis possibility should in no way restrict Member States’ discretion as regards the use of Article 6(5) of Regulation (EU) 2016/399 1a or their discretion to issue residence permits or other authorisations under national protection or, if it is a separate act, be issued at the same time and together with the negative decision.’law granting a right to stay on the territory. _________________ 1a Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code).
Amendment 89 #
2016/0224(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) ‘Many applications for international protection are made at the external border or in a transit zone of a Member State, often by persons apprehended in connection with unauthorisedirregular crossings of the external border or disembarked following a search and rescue operation. In order to conduct identification, security and health screening at the external border and direct the third-country nationals and stateless persons concerned to the relevant procedures, a screening is necessary. There should be seamless and efficient links between all stages of the relevant procedures for all irregular arrivals. After the screening, tThird-country nationals and stateless persons should be channelled to the appropriate asylum or return procedure, or refused entry. A pre- entry phase consisting of screening and border procedures for asylum and return should therefore be established.’, or granted entry in accordance with Article 6(5) of the Schengen Borders Code.
Amendment 99 #
2016/0224(COD)
Proposal for a regulation
Recital 40a
Recital 40a
(40a) ‘ The purpose of the border procedure for asylum and return should be to quickly assess applications, at the external borders whether applications are unfounded or inadmissible and to, to determine whether they are well founded or unfounded. If unfounded, the procedure should allow for a swiftly return of those with no right to stay and who have been issued a return decision, while ensuring that those with well-founded claims are channelled into the regular procedure and provided quick access to international protection. Member States should therefore be able to require applicants for international protection to stay at the external border or in a transit zone in order to assess the admissibility of applications. In well-defined circumstances, Member States should be able to provide for the examination of the merits of an application and, in the event of rejection of the application, for tha decision on the possible return of the third-country nationals and stateless persons concerned at the externconcerned in a border procedure. However a border procedures should not be applied to unaccompanied minors, families with children, and other vulnerable applicants including those with special procedural border reception needs.
Amendment 105 #
2016/0224(COD)
Proposal for a regulation
Recital 40b
Recital 40b
(40b) Member State should be able to assess applications in a border procedure where the applicant is a danger to national security or public order, where the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision and where it is likely that the application is unfounded because the applicant is of a nationality for whom the number of decisions granting international protection in that Member State is lower than 210% of the total number of decisions for that third country. In other cases, such as same way, when the applicant is from a safe country of origin or a safe third country, the use of the border procedure should be optional for the Member States.
Amendment 116 #
2016/0224(COD)
Proposal for a regulation
Recital 40c
Recital 40c
(40c) When applying the border procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the apcomplicants at or close to the external border or transit zones, in accordance withce with the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] as regards accommodation for applicants. Member States may process the applications at a different location at the external border than that where the asylum application is made by transferring applicants to a specific location at or in the proximity of the external border ofin that Member States where appropriate facilities exist. Member States should retain discretion in deciding at which specific locations at the external borders such facilities should be set up. However, Member States should seek to limit the need for transferring applicants for this purpose, and therefore aim at setting up such facilities with sufficient capacity atThey should notify the Commission of the specific locations at which the border cprossing points, or sections of the external border, where the majority of the number of applications for international proteccedures will be carried out. In cases where the border procedure is applied and the capacity of the locations are made, also taking into account the length of the external border and the number of border crossing points or transit zones. They should notify the Commission of the specific locations at the external border, transit zones or proximity of the external border where the border procedures will be carried outs notified by a Member State is temporarily exceeded, Member States may process those applications at another location within its territory, for the shortest time possible. In cases where the border procedure is applied and the capacity of the locations at or in proximity of the external border as notified by a Member State is temporarily exceeded, Member States may process those applications at another location within its territory, for the shortest time possible.
Amendment 125 #
2016/0224(COD)
Proposal for a regulation
Recital 40d
Recital 40d
(40d) In case where the use of the border procedure is an obligation, Member States should by way of exception not be required to apply itMember States should not apply the border procedure for the examination of applications for international protection from nationals of a third country that does not cooperate sufficiently on readmission, since a swift return of the persons concerned, following rejection of their applications, would be unlikely in that case. The determination of whether a third country is cooperating sufficiently on readmission should be based on the procedures set out in Article 25a of Regulation (EC) No 810/2009.
Amendment 132 #
2016/0224(COD)
Proposal for a regulation
Recital 40e
Recital 40e
(40e) The duration of the border procedure for examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 12 weeks. This deadline should be understood as a stand-alone deadline for the asylum border procedure, encompassing both the decision on the examination of the application as well as the decision of the first level of appeal, if applicable. Within this period, and without prejudice to the independence of the judiciary, Member States are entitled to set the deadline in national law both for the administrative and for the appeal stage, but should set them in a way so as to ensure thatable the examination procedure isto be concluded and that subsequently, if relevant, thea decision on the first level of appeal isto be issued within this maximum 12 weeks. After that period, if the Member State nevertheless failed to take the relevant decisions, the applicant should in principle be authorised to enter the territory of the Member State. Entry into the territory should however not be authorised where the applicant has no right to remain, where he or she has not requested to be allowed to remain for the purpose of an appeal procedure, or where a court or tribunal has decided that he or she should not be allowed to remain pending the outcome of an appeal procedure. In such cases, to ensure continuity between the asylum procedure and the return procedure, the return procedure should also be carried out in the context of a border procedure for a period not exceeding 12 weeks. This period should be counted starting from the moment in which the applicant, third- country national or stateless person no longer has a right to remain or is no longer allowed to remainWhere a final decision is not taken within 12 weeks, the border procedure shall end and the applicant shall be allowed to enter the territory of the Member State.
Amendment 140 #
2016/0224(COD)
Proposal for a regulation
Recital 40f
Recital 40f
(40f) While the border procedure forAdministrative detention during the examination of an application for international protection can be applied without recourse to detention,should remain a measure of last resort. Any detention decision must be based on an individual assessment and determined to be necessary, reasonable and proportionate to a legitimate purpose. Member States should nevertheless be able to apply the grounds for detention during the border procedure in accordance with the provisions of the [Reception Conditions] Directive (EU) XXX/XXX in order to decide on the right of the applicant to enter the territory. If detention is used during such procedure, the provisions on detention of the [Reception Conditions] Directive (EU) XXX/XXX should apply, including the guarantees for detained applicants and the fact that an individual assessment of each case is necessary, judicial control and conditions of detention.
Amendment 144 #
2016/0224(COD)
Proposal for a regulation
Recital 40 g
Recital 40 g
(40g) When an application is rejected in the context of the border procedure, the applicant, third-country national or stateless person concerned should be immediately subject to a return decision or, where the conditions ofMember State in question may issue the applicant a return decision provided that it respects Article 145 of Regulation (EU) No 2016/399 of the European Parliament and of the Council10 are met, to a refusal of entry. To guarantee the equal treatment of all third-country nationals whose application has been rejected in the context of the border procedure, where a Member State has decided not to apply the provisions of Directive XXX/XXX/EU [Return Directive] by virtue of Article 2(2), point (a), of that Directive and does not issue a return decision to the third-country national concernedthe Directive on common standards and procedures in Member States for returning illegally staying third-country nationals (‘the Returns Directive’)2a and due consideration has been given in the individual case to the application of Article 8, paragraphs 2 to 5 of that Directive. The Member State may also, twhe treatment and level of protecre the conditions of the applicant, third- country national or stateless person concerned should be in accordance with Article 4(4) of Directive XXX/XXX/EU [Return Directive] and be equivalent to those applicable to persons subject to a return decision. _________________ 10Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 077 23.3.2016, p. 1Article 14 of Regulation (EU) No 2016/399 of the European Parliament and of the Council are met, issue a refusal of entry without prejudice to Article 6(5) of that Regulation. _________________ 2aDirective (EU) xxx/xxx of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals (recast).
Amendment 148 #
2016/0224(COD)
Proposal for a regulation
Recital 40 h
Recital 40 h
(40h) When applying the border procedure for carrying out return, certain provisions of the [recastthe Return Directive] should apply as these regulateto all elements of the return procedure that are not determined by this Regulation, notably those on definitions, more favourable provisions, non-refoulement, best interests of the child, family life and state of health, risk of absconding, obligation to cooperate, period for voluntary departure, return decision, removal, postponement of removal, return and removal of unaccompanied minors, entry bans, safeguards pending return, detention, conditions of detention, detention of minors and families and emergency situations. To reduce the risk of unauthorised entry and movement of illegally staying third-country nationals subject to the border procedure for carrying out return, a period for voluntary departure not exceeding 15 days may be granted to illegally staying third-country nationals, without prejudice for the possibility to voluntarily comply with the obligation to return at any moment.
Amendment 156 #
2016/0224(COD)
Proposal for a regulation
Recital 40i
Recital 40i
(40i) Where an applicant, third-country national or stateless person who was detained during the border procedure for the examination of theihis/her application for international protection no longer has a right to remain and has not been allowed to remain, Member States should be able to continue the detention for the purpose of preventing entry into the territory and carrying out the return procedure, respecting the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [Return Directive]. AWhere an applicant, third-country national or stateless person who was not detained during the border procedure for the examination of an application for international protection, and whoere that application was unsuccessful, and that applicant no longer has a right to remain and has not been allowed to remain, could also bthe dRetained if there is a risk of absconding, if he or she avoids or hampers return, or if he or she poses a risk to public policy, public security or national security. Detention should be for as short a period as possible and should not exceed the maximum duration of the border procedure for carrying out return. When the illegally staying third-country national does not return or is not removed within that period and the border procedure for carrying out return ceases to apply, the provisions of the [recast Return Directive] should apply. The maximum period of detention set by Article 15 of that Directive should include the period of detention applied duringurn Directive should apply. Member States may detain an applicant where other sufficient but less coercive measures cannot be applied effectively, for as short a period as possible and not exceeding the maximum duration of the border procedure for carrying ourt return.
Amendment 169 #
2016/0224(COD)
Proposal for a regulation
Recital 44a
Recital 44a
(44a) ‘An applicant who lodges a subsequent application at the last minute merely in order to delay or frustrate his or her removal should not be authorised to remain pending the finalisation of the decision declaring the application inadmissible in cases where it is immediately clear to the determining authoritya court or tribunal that no new elements have been presented and there is no risk of refoulement and provided that the application is made within one year of the decision by the determining authority on the first application. The determining authority shall issue a decision under national law confirming that these criteria are fulfilled in order for the applicant not to be authorised to remain. ’may request a court or tribunal to revoke an applicant’s right to remain in such cases.
Amendment 173 #
2016/0224(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) ‘For an applicant to be able to exercise his or her right to an effective remedy against a decision rejecting an application for international protection, and where a return decision has also been issued to the applicant, all effects of theat return decision should be automatically suspended for as long as the applicant has the right to remain or has been allowed to remain on the territory of a Member State. To improve the effectiveness of procedures at the external border, while ensuring the respect of the right to an effective remedy, appeals against decisions taken in the context of the border procedure should take place only before a single level of jurisdiction of a court or tribunal.
Amendment 178 #
2016/0224(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) Applicants should, in principle, have the right to remain on the territory of a Member State until the time-limit for lodging an appeal before a court or tribunal of first instance expires, and, where such a right is exercised within the set time-limit, pending the outcome of the appeal. It is only in the limited cases set out in this Regulation, where applications are likely to be unfounded, that the applicant should not have an automatic right to remain for the purpose of the appeal.
Amendment 182 #
2016/0224(COD)
Proposal for a regulation
Recital 66a
Recital 66a
(66a) ‘In cases where the applicant has no automatic right to remain for the purpose of the appeal, a court or tribunal should still be able to allow the applicant to remain on the territory of the Member State pending the outcome of the appeal, upon the applicant’s request or acting of its own motion. In such cases, applicants should have a right to remain until the time-limit for requesting a court or tribunal to be allowed to remain has expired and, where the applicant has presented such a request within the set time-limit, pending the decision of the competent court or tribunal. In order to discourage abusive or last minute subsequent applications, Member States should be able to provide in national law that applicants should have no right to remain during that period in the case of rejected subsequent applications, with a view to preventing further unfounded subsequent applications. In the context of the procedure for determining whether or not the applicant should be allowed to remain pendinga court or tribunal is requested to revoke the applicant’s right to remain for the purpose of the appeal, the applicant’s rights of defence should be adequately guaranteed by providing him or her with the necessary interpretation and legal assistance. Furthermore, the competent court or tribunal should be able to examine the decision refusing to grant international protection in terms of facts and points of law.
Amendment 185 #
2016/0224(COD)
Proposal for a regulation
Recital 66b
Recital 66b
(66b) In order to ensure effective returns, applicants should not have athe efficacy of the asylum and return procedures, a court or tribunal should be able to revoke an applicant’s right to remain on the Member State’s territory at the stage of a second or further level of appeal before a court or tribunal against a negative decision on the application for international protection, without prejudice to the possibility for a court or tribunal to allow the applicant to remain. Furthermore, Member States should not grant applicants the possibility to lodge a further appeal against a first appeal decision in respect of a decision taken in a border procedure.
Amendment 191 #
2016/0224(COD)
(66c) To ensure the consistency of the legal review carried out by a court or tribunal on a decision rejecting an application for international protection and the accompanyingany related return decision, and with a view to accelerating the examination of the case and reducing the burden on the competent judicial authorities, it should be possible that such decisions should bare subject to common proceedings before the same court or tribunal.
Amendment 193 #
2016/0224(COD)
Proposal for a regulation
Recital 66d a (new)
Recital 66d a (new)
(66d a)In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights, upon irregular arrival at the EU’s external borders, during border surveillance, screening, the asylum procedure or the return procedure, each Member State should establish a monitoring mechanism and put in place adequate safeguards for the independence of that mechanism, in particular by involving national human rights institutions, national ombudspersons, international organisations or relevant non- governmental organisations in the management and operation of the mechanism. The monitoring mechanism should cover in particular the respect for fundamental rights in relation to border surveillance, the screening, asylum and return procedures, as well as the respect for the applicable rules regarding detention and compliance with the principle of non-refoulement as referred to in Article 3(b) of Regulation (EU) 2016/399. The Fundamental Rights Agency (FRA) should establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. Member States should furthermore be allowed to request the support of the FRA for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the FRA with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. The independent monitoring mechanism should be in addition and without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors provided for in Regulation (EU) 2019/1896, the monitoring mechanism for the purpose of monitoring the operational and technical application of the Common European Asylum System (CEAS) as set out in Article 14 of Regulation (EU) xxxx/xxxx [EU Asylum Agency Regulation] and without prejudice to monitoring of fundamental rights carried out by existing national or international monitoring bodies. The Member States should investigate allegations of the breach of fundamental rights during border surveillance, the screening, asylum and return procedures, including by ensuring that complaints are dealt with promptly, expeditiously and capable of leading to the identification and sanction of those responsible in an appropriate manner.
Amendment 201 #
2016/0224(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 205 #
2016/0224(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
Amendment 212 #
2016/0224(COD)
Proposal for a regulation
Article 35 a
Article 35 a
Where an application is rejected as inadmissible, unfounded or manifestly unfounded with regard to both refugee status and subsidiary protection status, or as implicitly or explicitly withdrawn, Member States shallmay issue a return decision that respects Directive XXX/XXX/EU [Return Directive]. The return decision shall be issued as part of the decision rejecting the application for international protection or, inAs it is a separate decision, the return decision shall be issued as a separate act. Where tThe return decision is issued as a separate act, it shallmay be issued at the same time and together with the decision rejecting the application for international protection.’
Amendment 217 #
2016/0224(COD)
Proposal for a regulation
Article 40 – point a – paragraph 1 – point i
Article 40 – point a – paragraph 1 – point i
(i) ‘ the applicant is of a nationality or, in the case of stateless persons, a former habitual resident of a third country for which the proportion of decisions by the relevant national determining authority granting international protection is, according to the latest available yearly Union-wide average Eurostat data, 20% or lower,Eurostat data, 10% or lower, unless the applicant is an unaccompanied minor, a minor, an accompanying family member of a minor, or a vulnerable applicant, including those with special procedural or reception needs, or unless a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or the applicant belongs to a category of persons for whom the proportion of 210% or lower cannot be considered as representative for their protection needs;’
Amendment 221 #
2016/0224(COD)
Proposal for a regulation
Article 40 – point b – paragraph 5 – point c
Article 40 – point b – paragraph 5 – point c
Amendment 229 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. Following the screening procedure carried out in accordance with Regulation (EU) No XXX/XXX [Screening Regulation], and provided that the applicant has not yet been authorised to enter Member States’ territory, a Member A Member State may examine an application in a border procedure where that application has been made by a third- country national or stateless person who does not fulfil the conditions for entry in the territory of a Member State as set out in Article 6 of Regulation (EU) 2016/399. The border procedure may take place:
Amendment 240 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
(b) following apprehension in direct connection with an unauthorised crossing of the external borderirregular border crossing;
Amendment 253 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 2 – point a
Article 41 – paragraph 2 – point a
Amendment 260 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
Amendment 272 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 4 – first paragraph
Article 41 – paragraph 4 – first paragraph
4. A Member State may decideshall not to apply paragraph 3a border procedure to nationals or stateless persons who are habitual residents of third countries for which that Member State has submitted a notification to the Commission in accordance with Article 25a(3) of Regulation (EC) No 810/2009.
Amendment 276 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 4 – second subparagraph
Article 41 – paragraph 4 – second subparagraph
Where, following the examination carried out in accordance with Article 25a(4) of Regulation (EC) No 810/2009, the Commission considers that the third country is cooperating sufficiently, the Member State shallmay again apply the provisions of paragraph 3.
Amendment 278 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 4 – third subparagraph
Article 41 – paragraph 4 – third subparagraph
Amendment 290 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
5. The border procedure may onlyshall not be applied to unaccompanied minors and to minors below the age of 12 and their family members in the cases referred to in Article 40(5) (b)with their family members.
Amendment 325 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 9 – point b
Article 41 – paragraph 9 – point b
(b) the necessary support cannot be provided to applicants with special procedural needs in the locations referred to in paragraph 14;re are vulnerable applicants with specific reception needs or in need of special procedural guarantees
Amendment 334 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 9 – subparagraph 2
Article 41 – paragraph 9 – subparagraph 2
In such cases, the competent authority shall authorise the applicant to enter the territory of the Member State, if he or she has not already been authorised to do so.
Amendment 336 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 10
Article 41 – paragraph 10
Amendment 343 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 11 – subparagraph 1
Article 41 – paragraph 11 – subparagraph 1
11. The border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. It shall encompass the decision referred to in paragraph 2 and 3 and anymay include a decision on an appeal if applicable and shall be completed within 12 weeks from when the application is registered. FIf, following that period, the first instance decision and the decision on appeal, if applicable, have not been taken, the applicant shall be authorised to enter the Member State’s territory except when Article 41a(1) is applicableif he or she has not already been to do so.
Amendment 348 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 11 – subparagraph 2
Article 41 – paragraph 11 – subparagraph 2
Amendment 362 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 1– point b
Article 41 – paragraph 12 – subparagraph 1– point b
(b) a court or tribunal has revoked the applicant has no’s right to remain in accordance with Article 54 and has not requested to be allowed to remain for the purposes of an appeal procedure within the applicable time-limit;
Amendment 364 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 1 – point c
Article 41 – paragraph 12 – subparagraph 1 – point c
Amendment 370 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 2
Article 41 – paragraph 12 – subparagraph 2
In such cases, where the applicant has been subject to a return decision issued in accordance with the Directive XXX/XXX/EU [Return Directive] or a refusal of entry in accordance with Article 14 of Regulation (EU) 2016/399, Article 41a shallmay be applyied.
Amendment 376 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 13
Article 41 – paragraph 13
13. During the examination of applications subject to a border procedure, the applicants shall be keptmay be accommodated at or in proximity to the external border or transit zones provided that the conditions of reception comply with Directive (EU) XXX/XXX. Each Member State shall notify to the Commission, [two months after the date of the application of this Regulation] at the latest, the locations where the border procedure will be carried out, at the external borders, in the proximity to the external border or transit zones, including when applying paragraph 3 and ensure that the capacity of those locations is sufficient to process the applications covered by that paragraph. Any changes in the identification of the locations at which the border procedure is applied, shall be notified to the Commission two months in advance of the changes taking effect.
Amendment 389 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 14
Article 41 – paragraph 14
14. In situations where the capacity of the locations notified by Member States pursuant to paragraph 143 is temporarily insufficient to process the applicants covered by paragraph 3border procedures, Member States may designate other locations within the territory of the Member State and upon notification to the Commission accommodate applicants there, on a temporary basis and for the shortest time necessary.
Amendment 404 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 2
Article 41 a – paragraph 2
2. Persons referred to in paragraph 1 shall be keptaccommodated for a period not exceeding 12 weeks in locations at or in proximity to the external border or transit zones; where a Member State cannot accommodate them in those locations, it can resort to the use of other locations within its territory. The 12- week period shall start from when the applicant, third-country national or stateless person no longer has a right to remain and no longer has a right to remain or has had his or her right to remain revoked by a court or tribunal. Unaccompanied minors, minors with their families, and other vulnerable groups including persons with specific reception needs or isn not allowed to remaieed of special procedural guarantees shall be exempted from the border procedure for carrying out return.
Amendment 410 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 3
Article 41 a – paragraph 3
3. For the purposes of this Article, Article 3, Article 4(1), Articles 5 to 7, Article 8(1) to (5), Article 9(2) to (4), Articles 10 to 13, Article 15, Article 17(1), Article 18(2) to (4) and Articles 19 to 21 of Directive XXX/XXX/EU [recast Return Directive] shall applyWhen applying the border procedure for carrying out return, the Return Directive applies to all elements of the return procedure that are not regulated in this Article.
Amendment 418 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 4
Article 41 a – paragraph 4
4. Without prejudice to the possibility to return voluntarily at any moment, persons referred to in paragraph 1 may be granted a period for voluntary departure not exceeding 15of 30 days.
Amendment 423 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 5
Article 41 a – paragraph 5
5. PA persons referred to in paragraph 1 who haves been detained during the procedure referred to in Article 41 and who no longer haves a right to remain and are not allowed to remainor who has had her/ his right to remain revoked by a court or tribunal may continue to be detained for the purpose of preventing entry into the territory of the Member State, preparing the return or carrying out the removal process.
Amendment 426 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 6
Article 41 a – paragraph 6
6. PA persons referred to in paragraph 1 who no longer haves a right to remain and are not allowed to remainor who has had her/his right to remain revoked by a court or tribunal, and who wereas not detained during the procedure referred to in Article 41, may be detained if there is a risk of absconding within the meaning of Directive XXX/XXX/EU [Return Directive], if they/she avoids or hampers the preparation of return or the removal process or they pose a risk to public policy, public security or national security. Detention should remain a measure of last resort and may be used if no other sufficient but less coercive measures can be applied effectively. Any detention decision shall be taken on the basis of an individual assessment, and shall be determined to be necessary, reasonable and proportionate to a legitimate purpose.
Amendment 433 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 7
Article 41 a – paragraph 7
7. Detention shall be maintained for as short a period as possible, and only as long as removal arrangements are in progresa reasonable prospect of removal exists and executed with due diligence. The period of detention shall not exceed the period referred to in paragraph 2 and shall be included in the maximum periods of detention set in Article 15 (5) and (6) of Directive XXX/XXX/EU [Return Directive].
Amendment 435 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 8
Article 41 a – paragraph 8
Amendment 442 #
2016/0224(COD)
Proposal for a regulation
Article 43 – subparagraph 2 – point c
Article 43 – subparagraph 2 – point c
(c) a first subsequent application has been lodged within one year of the decision of the determining authority on the first application merand a court or tribunal has determined that it has been lodged solely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State, pending the finalisation of the decision declaring that application inadmissible in cases where it is immediately clear to the determining authority that no new elements have been presented in accordance with Article 42(4)’
Amendment 447 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 – point a a (new)
Article 53 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) a decision to channel the applicant into an accelerated procedure in accordance with Article 40;
Amendment 448 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 – point a b (new)
Article 53 – paragraph 1 – subparagraph 1 – point a b (new)
(ab) a decision to channel the applicant into a border procedure in accordance with Article 41;
Amendment 449 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 – point a c (new)
Article 53 – paragraph 1 – subparagraph 1 – point a c (new)
(ac) a decision to apply detention during a border procedure;
Amendment 450 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 – point b
Article 53 – paragraph 1 – subparagraph 1 – point b
(b) a decision rejecting an application as unfounded or manifestly unfounded in relation to both refugee and subsidiary protection status;
Amendment 460 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 2
Article 53 – paragraph 1 – subparagraph 2
Return decisions shallmay be appealed before the same court or tribunal and within the same judicial proceedings and the same time-limits as decisions referred to in points (a), (b), (c) and (d).
Amendment 462 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Persons recognised as eligible for subsidiary protection shall have the right to an effective remedy against a decision considering their application unfounded in relation to refugee status. Where subsidiary protection status granted by a Member State offers the same rights and benefits as refugee status under Union and national law, the appeal against that decision in that Member State may be considered as inadmissible where provided for in national law.
Amendment 467 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. An effective remedy within the meaning of paragraph 1 shall provide for a full and ex nunc examination of both facts and points of law, at least an oral hearing before a court or tribunal of first instance, including, where applicable, an examination of the international protection needs pursuant to Regulation (EU) No XXX/XXX [Qualification Regulation].
Amendment 475 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 6
Article 53 – paragraph 6
Amendment 478 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 7 – introductory part
Article 53 – paragraph 7 – introductory part
7. Member States shall lay down the following time-limits in their national lawin their national law time-limits of at least 15 working days from receipt of the notification of a decision rejecting an application, for applicants to lodge appeals against the decisions referred to in paragraph 1:.
Amendment 479 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 7 – point a
Article 53 – paragraph 7 – point a
Amendment 484 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 7 – point b
Article 53 – paragraph 7 – point b
Amendment 490 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 7 – point b a (new)
Article 53 – paragraph 7 – point b a (new)
(ba) Member States may extend the time limits laid down in this paragraph if the specific circumstances of the application make it necessary.
Amendment 493 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 9
Article 53 – paragraph 9
Amendment 499 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. The effects of a return decision shall be automatically suspended for as long as an applicant has a right to remain or is allowed to remain in accordanceuntil the time-limit within which to exercise their right to an effective remedy before a court or tribunal of first instance has expired and, where such a right has been exercised within this Articlee time-limit, pending the outcome of the remedy.
Amendment 503 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
Amendment 509 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 3 – introductory part
Article 54 – paragraph 3 – introductory part
3. The applicant shall not have the right to remain pursuant to paragraph 2 where the competentA court or tribunal shall have the power to revoke the applicant’s right to remain pursuant to paragraph 1, in relation to a second level of appeal, upon request by the determining authority, where that determining authority has taken one of the following decisions:
Amendment 510 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 3 – point a
Article 54 – paragraph 3 – point a
(a) a decision which rejects an application as unfounded or manifestly unfounded if at the time of the decision any of the circumstances listed in Article 40(1) and (5) apply [including safe country of origin] or in the cases subject to the border procedure;
Amendment 513 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 3 – point b
Article 54 – paragraph 3 – point b
(b) a decision which rejects an application as inadmissible pursuant to Article 36(1)(a) [first country of asylum] or (c) [subsequent applications without new elements];
Amendment 514 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 3 – point d
Article 54 – paragraph 3 – point d
Amendment 516 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 3 – point e
Article 54 – paragraph 3 – point e
Amendment 519 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 4
Article 54 – paragraph 4
Amendment 525 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 5 – introductory part
Article 54 – paragraph 5 – introductory part
5. For the purpose of paragraph 42, the following conditions shall apply:
Amendment 527 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 5 – point a
Article 54 – paragraph 5 – point a
(a) the applicant shall have a time- limit of at least 5 days from the date when the decision is notified to him or her to request to be allowed to remain on the territory pending the outcome of the remedyrequest to revoke the right to remain shall be made by the determining authority within 5 days from the date when the applicant has lodged her/his appeal;
Amendment 529 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 5 – point d – point i
Article 54 – paragraph 5 – point d – point i
(i) until the time-limit for requesting a court or tribunal toa court or tribunal has ruled on whether or not he/she shall be allowed to remain has expired;on the territory.
Amendment 530 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 5 – point d – point ii
Article 54 – paragraph 5 – point d – point ii
Amendment 534 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 6
Article 54 – paragraph 6
6. In cases of subsequent applications, by way of derogation from paragraph 6, point (d)and only where the application is made within one year of the decision by the determining authority ofn this Articlee first application, Member States may provide in national law that the applicant shall not have a right to remain, without prejudice to the respect of the principle of non-refoulement, if the appeal has been made merely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State, that a court or tribunal, acting on a request from the determining authority, may revoke the applicant’s right to remain in cases where it is immediately clear to the court that no new elements have been presented in accordance with Article 42(4).
Amendment 538 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 7
Article 54 – paragraph 7
7. An applicant who lodges a further appeal against a first or subsequent appeal decision shall notmay have athe right to remain on the territory of the Member State, without prejudice to the possibility for a court or tribunal to allow the applicant to remain upon the applicant’s request or acting ex officio.’ revoked by a court or tribunal, acting on a request from the determining authority.
Amendment 539 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 7
Article 54 – paragraph 7
7. An applicant who lodges a further appeal against a first or subsequent appeal decision shall notmay have athe right to remain on the territory of the Member State, without prejudice to the possibility for a court or tribunal to allow the applicant to remain upon the applicant’s request or acting ex officio.’ revoked by a court or tribunal, acting on a request from the determining authority.
Amendment 540 #
2016/0224(COD)
Proposal for a regulation
Article 54 a (new)
Article 54 a (new)