2023/0452(COD)

Javier ZARZALEJOS

Proposal for a regulation
Recital 2

(2) The proposal for a Regulation of the European Parliament and of the Council laying down rules to prevent and combat ~~c loh nil gd - ts ee r~~Hpr oo wvi ed ve e rt ,h ta ht e c Ch oi mld m se isx msu ~~a lel g~~ioal n a ab ldu fos ~~re a1 m0 a ei wm os r kto . inter-institutional negotiations on that proposal~~pe1 tea, d w oh ni c 1h 1 t Mhe a y 2022, aims to provide that long-term legal framework. The European Parliament adopted its position and the mandate to enter into inter-institutional negotiations on 22 November 2023 while the Council of the European Union haves not yet been concluded and it is uncertain whether they will be concluded on time for the long-term legal framework, including any amendments to Regulation (EU) 2021/1232 that it may contain, to be adopted, to enter into force and to apply before 3 August 2024reached a general approach yet. Consequently, it is uncertain whether the legislative procedure will be concluded before 3 August 2024. 1a Proposal for a Regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse, COM/2022/209 final.

2024/01/23
Committee: LIBE

2023/0452(COD)

Javier ZARZALEJOS

Proposal for a regulation
Recital 3

(3) It is important that child sexual abuse online can be effectively combated, in accordance with the applicable rules of Union law, including the conditions set out in Regulation (EU) 2021/1232, without interruptions pending the conclusion of th~~ose inter-institutional negotiations~~e legislative procedure and the adoption ,entry into force and application of the long-term legal framework.

2024/01/23
Committee: LIBE

2023/0452(COD)

Javier ZARZALEJOS

Proposal for a regulation
Recital 4

(4) Therefore, ~~Regulation (EU) 2021/1232 s ah po pu lil cd a tb ie o na m foe rn ad ne d a dt do i e tix ot ne an~~ given this extraordinary ld p i ets ri op der oio fd t io mf e circumstance, Regulation (EU) 2021/1232 should be amended to extend its period of application for an additional limited period of time strictly necessary to adopt the long- term legislation. This extention cannot serve as precendent for future extensions of Regulation (EU) 2021/1232, this extension being of an exceptional and unique nature. Regulation (EU) 2021/1232 is temporary by nature and successive extensions of it will not be acceptable.

2024/01/23
Committee: LIBE

2023/0452(COD)

Javier ZARZALEJOS

Proposal for a regulation
Recital 4 a (new)

(4a) In view of the Report from the Commission on the implementation of Regulation (EU) 2021/12321, it is necessary to thoroughly improve the reporting mechanism to the European Commission from both the Member States and the providers of number-independent interpersonal communication services. It is also important to stress that the European Commission will be obliged to report on the implementation of the Regulation (EU) 2021/1232 in due time after the conclusion of the new period of application.

2024/01/23
Committee: LIBE

2023/0371(COD)

Leopoldo LÓPEZ GIL, Javier ZARZALEJOS

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point b

~~(b) a substantial increase in the number of asylum applications from the nationals of a third country listed in Annex II for which the recognition rate is low;~~deleted

2024/03/18
Committee: LIBE

2023/0371(COD)

Leopoldo LÓPEZ GIL, Javier ZARZALEJOS

Javier ZARZALEJOS

Proposal for a regulation
Article 25 – paragraph 1

1. A ~~producer group having a legitimate interest may apply for the approval of an amendment to the product specification of a registered~~recognised producer group may apply for the approval of an amendment to the product specification of a registered geographical indication. Where such a group does not exist, a producer group having a legitimate interest or, in exceptional and duly justified cases, any an individual producer which is the only producer of the geographical indication may submit an application to amend a product specification. Producers may only submit an application to amend the specification for the geographical indication product they produce.

2022/11/28
Committee: JURI

Francisco José MILLÁN MON, Antonio LÓPEZ-ISTÚRIZ WHITE, Leopoldo LÓPEZ GIL, Gabriel MATO, Javier ZARZALEJOS

Motion for a resolution
Paragraph 39

39. Instructs its President to forward this resolution to the President of the European Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign and Security Policy, the governments and parliaments of the Member States and to the ~~President, and the Government and Parliament of Kosovo~~Kosovar authorities.

2022/04/29
Committee: AFET

Javier ZARZALEJOS

14. Recalls the important role of journalists and civil society in raising the alarm about, and drawing attention to, any breaches of the rule of law, including with regard to the proper functioning of justice systems, and calls for them to be given enhanced protection against intimidation or violence; ~~condemns the instrumental use of justice to undermine freedom of information, notably through the use of strategic lawsuits against public participation (SLAPPs) in the EU~~underlines the importance of strengthening the transparency of public administrations and governments; points out the necessity to ensure access to trustworthy and reliable information sources in order to guarantee quality journalism and help to effectively tackle the spread of disinformation and misinformation; condemns the instrumental use of justice to undermine freedom of information, notably through the use of strategic lawsuits against public participation (SLAPPs) in the EU; urgently calls the Commission to present proposals for binding Union legislation on common and effective safeguards for victims of SLAAPs across the Union, including through a directive establishing minimum standards for protection against SLAAPs;

2022/01/21
Committee: JURI

2021/2180(INI)

Javier ZARZALEJOS

Motion for a resolution
Paragraph 2 a (new)

2a. Points out that the prosecution service is a key element for the capacity of the judiciary to fight crime and corruption; highlights the importance of guaranteeing the autonomy and independence of the prosecution service; stresses the need for safeguards to be put in place to help preserve the independence of the prosecution service so that it is free from undue political pressure, especially from the Government.

2022/03/01
Committee: LIBE

2021/2180(INI)

Javier ZARZALEJOS

Motion for a resolution
Paragraph 2 b (new)

2b. Underlines the important role of the Councils of the Judiciary in safeguarding judicial independence; considers it necessary to evaluate the reforms that are in the process of being adopted in different Member States and encourages the adaptation of the composition and functioning of these bodies to the standards established by the European Commission and the Council of Europe, and which have been endorsed by the EU Court of Justice.

2022/03/01
Committee: LIBE

2021/2055(INI)

Peter van DALEN, Miriam LEXMANN, Lukas MANDL, Željana ZOVKO, Bert-Jan RUISSEN, Andrzej HALICKI, Charlie WEIMERS, Antonio LÓPEZ-ISTÚRIZ WHITE, Javier ZARZALEJOS, Carlo FIDANZA

Motion for a resolution
Recital C a (new)

Ca. whereas not only believers, but also those who support or defend them, such as lawyers, can become targets following social uprising; whereas even the outcome of judicial procedures is no guarantee for safety for believers and those who support or defend them;

2021/06/28
Committee: AFET

2021/2055(INI)

Peter van DALEN, Miriam LEXMANN, Lukas MANDL, Željana ZOVKO, Bert-Jan RUISSEN, Andrzej HALICKI, Charlie WEIMERS, Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, David LEGA, Carlo FIDANZA

Motion for a resolution
Recital E a (new)

Ea. whereas the Commission appointed on 4 May 2021, Mr Christos Stylianides as Special Envoy for the promotion of freedom of religion or belief (FoRB) outside the EU;

2021/06/28
Committee: AFET

2021/2055(INI)

Peter van DALEN, Miriam LEXMANN, Lukas MANDL, Željana ZOVKO, Bert-Jan RUISSEN, Andrzej HALICKI, Charlie WEIMERS, Javier ZARZALEJOS, György HÖLVÉNYI, Antonio LÓPEZ-ISTÚRIZ WHITE, Carlo FIDANZA

Motion for a resolution
Paragraph 5

5. Stresses that among believers’ groups, Christians are estimated to constitute the majority of people facing persecution for their faith; underlines that globally around 340 million Christians experience high levels of persecution and discrimination, with over 4 500 Christians killed for their faith, 4 500 churches and other Christian buildings attacked, and over 4 200 believers detained without trial, arrested, sentenced or imprisoned in 2020 alone; ~~is alarmed about the increase in the overall level of discrimination,~~stresses that these are minimum figures since many incidents go unreported; is alarmed about the increase in the overall level of persecution and discrimination, which increased by 19% between 2019 and 2020; and especially about the sharp 60% increase in the number of faith-related killings compared to 2019;

2021/06/28
Committee: AFET

2021/2055(INI)

Peter van DALEN, Miriam LEXMANN, Lukas MANDL, Željana ZOVKO, Bert-Jan RUISSEN, Andrzej HALICKI, Charlie WEIMERS, Javier ZARZALEJOS, György HÖLVÉNYI, Antonio LÓPEZ-ISTÚRIZ WHITE, Carlo FIDANZA

Motion for a resolution
Paragraph 9

9. Notes with particular concern that persecution of Christians is widespread in the Middle East, at times amounting to genocide, and has prompted an exodus of Christians from the region over the past two decades, resulting in approximately 15 million Christians making up 4 % of the population in the Middle East and North Africa, down from 20 % a century ago; is alarmed by the situation in Iraq, where there were 1.5 million Christians before 2003, a number now reduced by 87% within one generation to approximately 175,000;

2021/06/28
Committee: AFET

2021/2055(INI)

Peter van DALEN, Miriam LEXMANN, Lukas MANDL, Željana ZOVKO, Bert-Jan RUISSEN, Andrzej HALICKI, Charlie WEIMERS, Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Carlo FIDANZA

Motion for a resolution
Paragraph 22 a (new)

22a. Particularly underlines the alarming situation in Nigeria, where 3530 Christians were killed in 2020;

2021/06/28
Committee: AFET

2021/2055(INI)

Peter van DALEN, Miriam LEXMANN, Lukas MANDL, Željana ZOVKO, Bert-Jan RUISSEN, Andrzej HALICKI, Charlie WEIMERS, Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Carlo FIDANZA

Motion for a resolution
Paragraph 27

27. Condemns the use by authoritarian regimes of legislation on security, sedition and the fight against terrorism and extremism as an instrument to persecute persons belonging to religious minorities, to outlaw the practise or expression of their religion and gatherings of believers, and to deter the registration of religious associations or finding pretexts for closing churches such as in China and Algeria; calls on the Commission and European External Action Service (EEAS) to monitor carefully the implementation of such legislation, and to consistently raise this issue in bilateral dialogues with the governments concerned; urges EU Member States to reject any request by foreign authorities for judicial and police cooperation in individual judicial cases if they are based on such legislation;

2021/06/28
Committee: AFET

2021/2055(INI)

Peter van DALEN, Miriam LEXMANN, Lukas MANDL, Željana ZOVKO, Bert-Jan RUISSEN, Andrzej HALICKI, Charlie WEIMERS, Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, György HÖLVÉNYI, Carlo FIDANZA

Motion for a resolution
Paragraph 28

28. Deplores the fact that more than 70 countries in the world enforce criminal laws or seek to introduce new legislation which provide for punishments for blasphemy, apostasy and conversion, including the death sentence; notes that laws already in place are used disproportionately against people belonging to religious minorities, and are thus seen, with good reason, as an instrument of oppression; calls for the EU to intensify its political dialogue with all countries concerned with a view to repeal those laws; underlines that converts leaving a majority faith often experience the most severe violations including imprisonment, forced divorce, abduction, physical violence and murder;

2021/06/28
Committee: AFET

2021/2055(INI)

Peter van DALEN, Lukas MANDL, Željana ZOVKO, Bert-Jan RUISSEN, Andrzej HALICKI, Charlie WEIMERS, Antonio LÓPEZ-ISTÚRIZ WHITE, David LEGA, Miriam LEXMANN, Javier ZARZALEJOS, Carlo FIDANZA

Motion for a resolution
Paragraph 32 a (new)

32a. Calls on the Commission to especially review the eligibility of third countries under the generalized scheme of preferences in this regard; advocates a system that gradually grants preferences to a country based on its compliance to human rights commitments, in order to better be able to provide incentives and sanctions;

2021/06/28
Committee: AFET

2021/2055(INI)

Peter van DALEN, Miriam LEXMANN, Lukas MANDL, Željana ZOVKO, Bert-Jan RUISSEN, Andrzej HALICKI, Charlie WEIMERS, Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Carlo FIDANZA

Motion for a resolution
Paragraph 33 a (new)

33a. Calls on the Council, the Commission and EU Member States to start the procedure to declare and officially designate the 24th of June as the annual European Day on Freedom of Religion or Belief, in order to show true commitment to promoting and protecting Freedom of Religion or Belief, in commemorating the victims of acts of violence based on religion or belief; believes that the 24th of June would be appropriate for such an EU-day, as this date marks the anniversary of the EU Guidelines on the promotion and protection of freedom of religion or belief in 2013;

2021/06/28
Committee: AFET

2021/2023(INI)

Antonio LÓPEZ-ISTÚRIZ WHITE, Javier ZARZALEJOS, Peter van DALEN, Lukas MANDL, Andrzej HALICKI

Motion for a resolution
Citation 9 a (new)

— having regard to the EU Guidelines on the protection and promotion of freedom of religion or belief, adopted by the Foreign Affairs Council on 24 June 2013,

2021/03/22
Committee: AFET

2021/2023(INI)

Antonio LÓPEZ-ISTÚRIZ WHITE, Javier ZARZALEJOS, Peter van DALEN, Lukas MANDL, Andrzej HALICKI

Motion for a resolution
Paragraph 1 – point e a (new)

e a) promote contacts and cooperation at state-level, recognizing that key policies are introduced and implemented at state rather than national level when appropriate under India’s federal structure;

2021/03/22
Committee: AFET

2021/2023(INI)

Antonio LÓPEZ-ISTÚRIZ WHITE, Javier ZARZALEJOS, Peter van DALEN, Lukas MANDL, Andrzej HALICKI

Motion for a resolution
Paragraph 1 – point m

m) promote joint action in coordinating development and humanitarian aid, as well as in strengthening democratic processes and countering authoritarian trends in Asia and beyond; work with India to ensure that there is no discrimination in aid on the basis of religion or anything else;

2021/03/22
Committee: AFET

2021/2023(INI)

Antonio LÓPEZ-ISTÚRIZ WHITE, Javier ZARZALEJOS, Peter van DALEN, Lukas MANDL, Andrzej HALICKI

Motion for a resolution
Paragraph 1 – point p

p) recognise India’s commitment to the Women, Peace and Security (WPS) agenda through its contribution to peacekeeping missions; strengthen their mutual commitment to the implementation of UN Security Council Resolution 1325, including the development of National Action Plans with appropriate budgetary allocations for effective implementation; recognize the double vulnerability of women from religious minority backgrounds, which becomes further compounded in the case of lower caste minority women;

2021/03/22
Committee: AFET

2021/2023(INI)

Antonio LÓPEZ-ISTÚRIZ WHITE, Javier ZARZALEJOS, Peter van DALEN, Lukas MANDL, Andrzej HALICKI

Motion for a resolution
Paragraph 1 – point s a (new)

s a) encourage India to abide by Article 25 of its Constitution, which enshrines the right to freely practice and propagate the religion of one’s choice; recognize that Muslims, Christians and other religious minorities are equal in dignity and rights before the law;

2021/03/22
Committee: AFET

2021/2023(INI)

Antonio LÓPEZ-ISTÚRIZ WHITE, Javier ZARZALEJOS, Peter van DALEN, Lukas MANDL, Andrzej HALICKI

Motion for a resolution
Paragraph 1 – point s b (new)

s b) work to eliminate and deter hate speech that incites discrimination or violence, which leads to a toxic environment where intolerance and violence against religious minorities can occur with impunity;

2021/03/22
Committee: AFET

2021/2023(INI)

Antonio LÓPEZ-ISTÚRIZ WHITE, Javier ZARZALEJOS, Peter van DALEN, Lukas MANDL, Andrzej HALICKI

Motion for a resolution
Paragraph 1 – point s c (new)

s c) recognize the link between anti- conversion laws and violence against religious minorities, particularly the Christian and Muslim communities; encourage such laws to be repealed or terms reformed to prevent misuse;

2021/03/22
Committee: AFET

2021/2023(INI)

Antonio LÓPEZ-ISTÚRIZ WHITE, Javier ZARZALEJOS, Peter van DALEN, Lukas MANDL, Andrzej HALICKI

Motion for a resolution
Paragraph 1 – point s d (new)

s d) provide training to the Indian police force on tolerance and international human rights standards, including the right to the peaceful exercise of Freedom or Religion or Belief;

2021/03/22
Committee: AFET

2021/2023(INI)

Antonio LÓPEZ-ISTÚRIZ WHITE, Javier ZARZALEJOS, Peter van DALEN, Lukas MANDL, Andrzej HALICKI

Motion for a resolution
Paragraph 1 – point t

t) address the human rights situation and challenges faced by civil society in its dialogue with the Indian authorities, including at summit level; encourage India, as the world’s largest democracy, to demonstrate its commitment to respecting and protecting the freedom of expression, peaceful assembly, and association, and freedom of religion or belief to end attacks against - and to release arbitrarily detained - human rights defenders, members of religious minorities and journalists, including in the Indian- administered part of Kashmir, to repeal laws that may be used to silence dissent, including sections 153-A and 295-A of the Indian Penal Code, and to ensure accountability for human rights violations;

2021/03/22
Committee: AFET

2021/0420(COD)

Pablo ARIAS ECHEVERRÍA, Francisco José MILLÁN MON, Rosa ESTARÀS FERRAGUT, Isabel BENJUMEA BENJUMEA, Pilar del CASTILLO VERA, José Manuel GARCÍA-MARGALLO Y MARFIL, Esteban GONZÁLEZ PONS, Leopoldo LÓPEZ GIL, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO, Javier ZARZALEJOS, Juan Ignacio ZOIDO ÁLVAREZ

Proposal for a regulation
Annex 1 – part 16/23

Add the following to the core network: - El Ferrol - A Coruña (rail freight / ≥ 200 km/h.) - El Ferrol - Lugo - Monforte (rail freight / ≥ 200 km/h.)

2023/01/25
Committee: TRAN

2021/0420(COD)

Pablo ARIAS ECHEVERRÍA, Francisco José MILLÁN MON, Rosa ESTARÀS FERRAGUT, Isabel BENJUMEA BENJUMEA, Pilar del CASTILLO VERA, José Manuel GARCÍA-MARGALLO Y MARFIL, Esteban GONZÁLEZ PONS, Leopoldo LÓPEZ GIL, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO, Javier ZARZALEJOS, Juan Ignacio ZOIDO ÁLVAREZ

Proposal for a regulation
Annex 1 – part 16/23

Add the following to the core network: - Zaragoza-Lleida-Tarragona (freight/conventional)

2023/01/25
Committee: TRAN

2021/0420(COD)

Pablo ARIAS ECHEVERRÍA, Francisco José MILLÁN MON, Rosa ESTARÀS FERRAGUT, Isabel BENJUMEA BENJUMEA, Pilar del CASTILLO VERA, José Manuel GARCÍA-MARGALLO Y MARFIL, Esteban GONZÁLEZ PONS, Leopoldo LÓPEZ GIL, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO, Javier ZARZALEJOS, Juan Ignacio ZOIDO ÁLVAREZ

Proposal for a regulation
Annex 1 – part 17/23

Add the following to the core network: - Orense- Santiago (passenger rail/ ≥ 200 km/h)

2023/01/25
Committee: TRAN

2021/0420(COD)

Pablo ARIAS ECHEVERRÍA, Francisco José MILLÁN MON, Rosa ESTARÀS FERRAGUT, Isabel BENJUMEA BENJUMEA, Pilar del CASTILLO VERA, José Manuel GARCÍA-MARGALLO Y MARFIL, Esteban GONZÁLEZ PONS, Leopoldo LÓPEZ GIL, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO, Javier ZARZALEJOS, Juan Ignacio ZOIDO ÁLVAREZ

Proposal for a regulation
Annex 1 – part 16/23 and part 17/23

Add the following to the core network: - Santiago – Vigo (rail freight / ≥ 200 km/h) - Port of Bahía de Cádiz

2023/01/25
Committee: TRAN

2021/0420(COD)

Pablo ARIAS ECHEVERRÍA, Francisco José MILLÁN MON, Rosa ESTARÀS FERRAGUT, Isabel BENJUMEA BENJUMEA, Pilar del CASTILLO VERA, José Manuel GARCÍA-MARGALLO Y MARFIL, Esteban GONZÁLEZ PONS, Leopoldo LÓPEZ GIL, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO, Javier ZARZALEJOS, Juan Ignacio ZOIDO ÁLVAREZ

Proposal for a regulation
Annex 1 – part 16/23 and part 17/23

Add the following to the comprehensive network: - Astorga – Zamora – Salamanca – Plasencia (passenger and freight rail / Conventional/New Constr.)

2023/01/25
Committee: TRAN

2021/0420(COD)

Pablo ARIAS ECHEVERRÍA, Francisco José MILLÁN MON, Rosa ESTARÀS FERRAGUT, Isabel BENJUMEA BENJUMEA, Pilar del CASTILLO VERA, José Manuel GARCÍA-MARGALLO Y MARFIL, Esteban GONZÁLEZ PONS, Leopoldo LÓPEZ GIL, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO, Javier ZARZALEJOS, Juan Ignacio ZOIDO ÁLVAREZ

Proposal for a regulation
Annex 1 – part 16/23 and part 17/23

Add the following to the comprehensive network: - Granada – Motril (passenger and freight rail / Conventional / New Constr.)

2023/01/25
Committee: TRAN

2021/0420(COD)

Pablo ARIAS ECHEVERRÍA, Francisco José MILLÁN MON, Rosa ESTARÀS FERRAGUT, Isabel BENJUMEA BENJUMEA, Pilar del CASTILLO VERA, José Manuel GARCÍA-MARGALLO Y MARFIL, Esteban GONZÁLEZ PONS, Leopoldo LÓPEZ GIL, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO, Javier ZARZALEJOS, Juan Ignacio ZOIDO ÁLVAREZ

Add the following to the core network: - Medina del Campo – Salamanca – Fuentes de Oñoro (passenger rail / ≥ 200 km/h) - Madrid – Adanero – Tordesillas – Benavente – Ponferrada – Lugo – A Coruña (Road) - Astorga – León – Carrión de los Condes – Burgos (Road) - Port of Bahía de Cádiz - Vigo - Porto (passenger rail/ ≥ 200 km/h)

2023/01/25
Committee: TRAN

2021/0420(COD)

Pablo ARIAS ECHEVERRÍA, Francisco José MILLÁN MON, Rosa ESTARÀS FERRAGUT, Isabel BENJUMEA BENJUMEA, Pilar del CASTILLO VERA, José Manuel GARCÍA-MARGALLO Y MARFIL, Esteban GONZÁLEZ PONS, Leopoldo LÓPEZ GIL, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO, Javier ZARZALEJOS, Juan Ignacio ZOIDO ÁLVAREZ

Proposal for a regulation
Annex 1 – part 17/23

Add the following to the core network: - Vigo - Porto (passenger rail/ ≥ 200 km/h)

2023/01/25
Committee: TRAN

Pablo ARIAS ECHEVERRÍA, Francisco José MILLÁN MON, Rosa ESTARÀS FERRAGUT, Isabel BENJUMEA BENJUMEA, Pilar del CASTILLO VERA, José Manuel GARCÍA-MARGALLO Y MARFIL, Esteban GONZÁLEZ PONS, Leopoldo LÓPEZ GIL, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO, Javier ZARZALEJOS, Juan Ignacio ZOIDO ÁLVAREZ

Node name: Castellón Maritime port: Co~~mprehensiv~~re

2023/01/25
Committee: TRAN

2021/0420(COD)

Pablo ARIAS ECHEVERRÍA, Francisco José MILLÁN MON, Rosa ESTARÀS FERRAGUT, Isabel BENJUMEA BENJUMEA, Pilar del CASTILLO VERA, José Manuel GARCÍA-MARGALLO Y MARFIL, Esteban GONZÁLEZ PONS, Leopoldo LÓPEZ GIL, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO, Javier ZARZALEJOS, Juan Ignacio ZOIDO ÁLVAREZ

Proposal for a regulation
Annex 2 - table - section ES

Node name: Ferrol Maritime port: Co~~mprehensiv~~re

2023/01/25
Committee: TRAN

2021/0420(COD)

Pablo ARIAS ECHEVERRÍA, Francisco José MILLÁN MON, Rosa ESTARÀS FERRAGUT, Isabel BENJUMEA BENJUMEA, Pilar del CASTILLO VERA, José Manuel GARCÍA-MARGALLO Y MARFIL, Esteban GONZÁLEZ PONS, Leopoldo LÓPEZ GIL, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO, Javier ZARZALEJOS, Juan Ignacio ZOIDO ÁLVAREZ

Proposal for a regulation
Annex 2 - table - section ES

Node name: Gandía Maritime port: Comprehensive

2023/01/25
Committee: TRAN

2021/0420(COD)

Pablo ARIAS ECHEVERRÍA, Francisco José MILLÁN MON, Rosa ESTARÀS FERRAGUT, Isabel BENJUMEA BENJUMEA, Pilar del CASTILLO VERA, José Manuel GARCÍA-MARGALLO Y MARFIL, Esteban GONZÁLEZ PONS, Leopoldo LÓPEZ GIL, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO, Javier ZARZALEJOS, Juan Ignacio ZOIDO ÁLVAREZ

Proposal for a regulation
Annex 2 - table - section ES

Node name: Santander Maritime port: Co~~mprehensiv~~re

2023/01/25
Committee: TRAN

2021/0420(COD)

Pablo ARIAS ECHEVERRÍA, Francisco José MILLÁN MON, Rosa ESTARÀS FERRAGUT, Isabel BENJUMEA BENJUMEA, Pilar del CASTILLO VERA, José Manuel GARCÍA-MARGALLO Y MARFIL, Esteban GONZÁLEZ PONS, Leopoldo LÓPEZ GIL, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO, Javier ZARZALEJOS, Juan Ignacio ZOIDO ÁLVAREZ

Proposal for a regulation
Annex 2 - table - section ES

Node name: Vigo Maritime port: Co~~mprehensiv~~re

2023/01/25
Committee: TRAN

Draft opinion
Paragraph 6 a (new)

6 a. Stresses the need to protect the residents' rights and especially those of workers who move from both sides of the fence until a definitive agreement is reached between the governments of Spain and the United Kingdom for the decolonization of Gibraltar, in accordance with the United Nations resolutions, which were endorsed by the European Parliament and the European Council. This agreement should be concluded before summer 2021 to allow for the early application of the Community provisions affecting the individual rights (e.g. air traffic) which are currently suspended.

2020/05/14
Committee: LIBE

2020/2023(INI)

Francisco José MILLÁN MON, Gabriel MATO, Antonio LÓPEZ-ISTÚRIZ WHITE, José Manuel GARCÍA-MARGALLO Y MARFIL, Javier ZARZALEJOS, Juan Ignacio ZOIDO ÁLVAREZ

31a. Supports the negotiating directives, which set out that Gibraltar will not be included in the territorial scope of the agreements to be concluded between the EU and the UK, and that any separate agreement will require the prior agreement of Kingdom of Spain;

2020/05/28
Committee: AFET INTA

2020/2022(INI)

Kris PEETERS, Tomáš ZDECHOVSKÝ, Javier ZARZALEJOS, Paulo RANGEL

Motion for a resolution
Citation 7 a (new)

— having regard to the Commission recommendation of 1 March 2018 on measures to effectively tackle illegal content online (C(2018) 1177 final);

2020/06/24
Committee: LIBE

2020/2022(INI)

Kris PEETERS, Tomáš ZDECHOVSKÝ, Javier ZARZALEJOS, Paulo RANGEL

Motion for a resolution
Citation 7 b (new)

— having regard to the Europol Internet Organised Crime Threat Assessment (IOCTA) of 18 September 2018;

2020/06/24
Committee: LIBE

2020/2022(INI)

Kris PEETERS, Tomáš ZDECHOVSKÝ, Javier ZARZALEJOS, Paulo RANGEL

Motion for a resolution
Recital E

E. whereas the political approach to tackle harmful and illegal content online in the EU has mainly focused on voluntary cooperation thus far, but a growing number of Member States are adopting national legislation to address illegal content and provisions to address certain types of content were included in recent sectoral legislation at EU level;

2020/06/24
Committee: LIBE

2020/2022(INI)

Kris PEETERS, Tomáš ZDECHOVSKÝ, Javier ZARZALEJOS, Paulo RANGEL

Motion for a resolution
Recital J

J. whereas the lack of robust public data on the prevalence and removal of illegal and harmful content online creates a deficit of accountability, both in the private and public sector; this includes the use and underlying source codes of algorithmic processes and how platforms address the erroneous removal of content;

2020/06/24
Committee: LIBE

2020/2022(INI)

Kris PEETERS, Javier ZARZALEJOS, Paulo RANGEL

Motion for a resolution
Paragraph 4

4. Recalls that illegal content online should not only be removed by online platforms, but should be followed up by law enforcement and the judiciary; finds, in this regard, that a key issue in some Member States is not that they have unresolved cases but rather unopened ones; calls for barriers to filing complaints with competent authorities to be removed; is convinced that, given the borderless nature of the internet and the fast dissemination of illegal content online, cooperation between service providers and national competent authorities should be improved; calls, to this end, on Member States to equip their law enforcement and judicial authorities with the necessary expertise, resources and tools to allow them to effectively deal with the increasing number of cases involving illegal content online;

2020/06/24
Committee: LIBE

2020/2022(INI)

Kris PEETERS, Tomáš ZDECHOVSKÝ, Javier ZARZALEJOS, Paulo RANGEL

Motion for a resolution
Paragraph 5

5. Acknowledges the fact that, while the illegal nature of certain types of content can be easily established, the decision is more difficult for other types of content as it requires contextualisation; warns that some automated tools are not sophisticated enough to take contextualisation into account, which could lead to unnecessary ~~restrictions being placed on th~~takedowns and harm the freedom of expression; highlights that illegal content online can easily be multiplied which greatly amplifies the negative impact within a very short period of time; therefore believes that digital service providers should be allowed to have fre~~edom of express~~course to automated tools with human oversight to detect, remove or block access to content whose illegality has either been established by a court or can be easily determined without contextualisation;

2020/06/24
Committee: LIBE

2020/2022(INI)

Kris PEETERS, Javier ZARZALEJOS, Paulo RANGEL

Motion for a resolution
Paragraph 11

11. Highlights that this should include rules on the notice-and-action mechanisms and requirements for platforms to take proactive measures that are proportionate to their scale of reach and operational capacities in order to effectively address the appearance of illegal content on their services, while leaving the choice of the concrete measures to the platforms; supports a balanced duty-of-care approach and a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights, including the freedom of expression;

2020/06/24
Committee: LIBE

2020/2022(INI)

Kris PEETERS, Tomáš ZDECHOVSKÝ, Javier ZARZALEJOS, Paulo RANGEL

Motion for a resolution
Paragraph 15 – subparagraph 1 (new)

Maintains that these forms of harmful content include micro targeting based on characteristics exposing physical or psychological vulnerabilities, health related content such as disinformation on COVID-19 causes or remedies and emerging issues such as the organised abuse of multiple platforms, artificial intelligence applications creating fake profiles or manipulating online content; points out that special attention should be paid to harmful content in the context of minors using the internet, especially in regard to their exposure to cyberbullying, sexual harassment, pornography, violence or self-harm;

2020/06/24
Committee: LIBE

2020/2022(INI)

Kris PEETERS, Tomáš ZDECHOVSKÝ, Javier ZARZALEJOS, Paulo RANGEL

Motion for a resolution
Paragraph 17

17. Calls, in this regard, for a regular public reporting obligation for platforms, proportionate to their scale of reach and operational capacities, more specifically on their content moderation procedures, including standardised data about the amount of content removed and the underlying reasons, the type and justification of removal requests received, the number of requests whose execution was refused and the reasons therefore;

2020/06/24
Committee: LIBE

2020/2022(INI)

Kris PEETERS, Tomáš ZDECHOVSKÝ, Javier ZARZALEJOS, Paulo RANGEL

Motion for a resolution
Paragraph 18

18. Calls, moreover, for a regular public reporting obligation for national authorities, including standardised data on the number of removal requests and their legal bases, on the number of removal requests which were subject to administrative or judicial remedies, on the outcome of these proceedings, and on the total number of decisions imposing penalties, including a description of the type of penalty imposed;

2020/06/24
Committee: LIBE

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Javier ZARZALEJOS, Esteban GONZÁLEZ PONS

Motion for a resolution
Citation 7 b (new)

- having regard to the Recommendation of the Commission of 1 March 2018 on measures to effectively tackle illegal content online (C(2018) 1177),

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Javier ZARZALEJOS, Esteban GONZÁLEZ PONS

Motion for a resolution
Citation 7 f (new)

- having regard to the Directive (EU) 2017/541/EU of the European Parliament and of the Council of 15 March 2017 on combating terrorism,

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Marion WALSMANN, Jiří POSPÍŠIL, Javier ZARZALEJOS

Motion for a resolution
Recital B a (new)

Ba. whereas digital services are used by the majority of Europeans on a daily basis, but are subject to an increasingly wide set of rules across the EU leading to significant fragmentation on the market and consequently legal uncertainty for European users and services operating cross-borders, combined with lack of regulatory control on key aspects of today's information environment;

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Esteban GONZÁLEZ PONS, Javier ZARZALEJOS

Motion for a resolution
Recital H

H. whereas content hosting platforms often employ automated content removal mechanisms that raise legitimate rule of law concerns, in particular when they are encouraged to employ such mechanisms pro-actively and voluntarily, resulting in content removal taking place without a clear legal basis, which is in contravention of Article 10 of the European Convention on Human Rights, stating that formalities, conditions, restrictions or penalties governing the exercise of freedom of expression and information must be prescribed by law;deleted

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Javier ZARZALEJOS

Motion for a resolution
Recital H a (new)

Ha. whereas automated content removal mechanisms of digital service providers should be proportionate, covering only those justified cases, where the benefits of removing content outweigh the potential disadvantages of keeping content online; whereas these procedures should be also transparent and their terms and conditions should be made known prior to the users would use the service;

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Marion WALSMANN, Jiří POSPÍŠIL, Javier ZARZALEJOS

Motion for a resolution
Paragraph 2 a (new)

2a. Proposes that the Digital Services Act follow a sector and problem-specific approach and make a clear distinction between illegal and harmful content when elaborating the appropriate policy options;

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Marion WALSMANN, Jiří POSPÍŠIL, Esteban GONZÁLEZ PONS, Javier ZARZALEJOS

Motion for a resolution
Paragraph 2 d (new)

2d. Proposes that the Digital Services Act set the obligation for digital service providers without a permanent establishment in the EU to designate a legal representative for the interest of users within the European Union and to make the contact information of this representative visible and accessible on its website;

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Javier ZARZALEJOS

Motion for a resolution
Paragraph 2 e (new)

2e. Underlines the importance that online platforms hosting or moderating content online should bear more responsibility for the content they host and should act in order to proactively prevent illegality;

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Javier ZARZALEJOS

Motion for a resolution
Paragraph 3

3. Considers that following the actions of digital service providers any final decision on the legality of user- generated content must be made by an independent judiciary ~~and not a private commercial entity~~;

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Esteban GONZÁLEZ PONS, Javier ZARZALEJOS

Motion for a resolution
Paragraph 4

4. Insists that the regulation must proscribe content moderation practices that are dis~~criminatory~~proportionate or unduly go beyond the purpose of protection under the law;

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Javier ZARZALEJOS

Motion for a resolution
Paragraph 5

5. Recommends the establishment of a ~~European Agency tasked with monitoring and enforcing compliance with contractual rights as regards content management, auditing any algorithms used for~~network of national authorities tasked with monitoring the practice of automated content ~~moderation~~filtering and curation, and ~~imposing penalties for non-compliance~~reporting to the EU institutions;

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Javier ZARZALEJOS

Motion for a resolution
Paragraph 6

6. Suggests that ~~content hosting platform~~digital service providers regularly submit transparency reports to the ~~European Agency~~network of national authorities and the European Commission, concerning the compliance of their terms and conditions with the provisions of the Digital Services Act~~; further suggests that content hosting platforms publish~~, statistics and data related to the automated content filtering and their decisions on removing user- generated content on a publicly accessible database;

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Esteban GONZÁLEZ PONS, Javier ZARZALEJOS

Motion for a resolution
Paragraph 7

7. ~~Recommend~~Considers the establishment of independent dispute settlement bodies in the Member States, tasked with settling disputes regarding content moderation;

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Javier ZARZALEJOS

Motion for a resolution
Paragraph 8

8. Takes the ~~firm~~ position that the Digital Services Act must not contain provisions forcing content hosting platforms to employ any form of fully automated ex-ante controls of content, and considers that any such mechanism voluntarily employed by platforms must be subject to audits by the European Agency to ensure that there is compliance with the Digital Services Actdigital service providers to employ automated filtering mechanism that goes beyond the level of protection required by the law, however encourages digital service providers to employ such a mechanism in order to combat against illegal content online;

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Javier ZARZALEJOS

Motion for a resolution
Annex I – part A – part I – section 1 –– indent 1 b (new)

- It should make a clear distinction between illegal and harmful content when it comes to applying the appropriate policy options.

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Esteban GONZÁLEZ PONS, Javier ZARZALEJOS

Motion for a resolution
Annex I – part A – part I – section 1 –indent 2

- It should provide principles for content moderation~~, including as regards discriminatory content moderation practices~~.

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Esteban GONZÁLEZ PONS, Javier ZARZALEJOS

Motion for a resolution
Annex I – part A – part I – section 1 –indent 4

- It should provide rules for an independent dispute settlement mechanism by respecting the national competences of the Member States.

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Javier ZARZALEJOS

Motion for a resolution
Annex I – part A – part I – section 2 – introductory part

A ~~European Agency on Content Management~~network of national authorities should be established with the following main tasks:

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Javier ZARZALEJOS

Motion for a resolution
Annex I – part A – part I – section 2 – indent 1 a (new)

- regular monitoring the practice of automated content filtering and curation, and reporting to the EU institutions;

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Esteban GONZÁLEZ PONS, Javier ZARZALEJOS

Motion for a resolution
Annex I – part A – part I – section 2 – indent 3 a (new)

- cooperate and coordinate with the national authorities of Member States related to the implementation of the Digital Services Act.

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Esteban GONZÁLEZ PONS, Javier ZARZALEJOS

Motion for a resolution
Annex I – part A – part I – section 3 –– introductory part

The Digital Services Act should contain provisions requiring content hosting platforms to regularly provide transparency reports to the ~~Agency~~Commission and the network of national authorities. Such reports should, in particular, include:

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Esteban GONZÁLEZ PONS, Javier ZARZALEJOS

Motion for a resolution
Annex I – part B – recital 9

~~(9) This Regulation should not contain provisions forcing content hosting platforms to employ any form of fully automated ex-ante control of content.~~deleted

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Esteban GONZÁLEZ PONS, Javier ZARZALEJOS

Motion for a resolution
Annex I – part B – recital 9 a (new)

(9a) This Regulation does not prevent platforms from using an automated content mechanism where necessary and justified, and in particular promotes the use of such mechanism in the case the illegal nature of the content has either been established by a court or it can be easily determined without contextualisation.

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Esteban GONZÁLEZ PONS, Javier ZARZALEJOS

Motion for a resolution
Annex I – part B – recital 10

(10) This Regulation should also include provisions against discriminatory content moderation practices, especially when user-created content is removed based on appearance, ethnic origin, gender, sexual orientation, religion or belief, disability, age, pregnancy or upbringing of children, language or social clasunjustified content moderation practices.

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Javier ZARZALEJOS

Motion for a resolution
Annex I – part B – recital 21

(21) Action at Union level as set out in this Regulation would be substantially enhanced with the establishment of a Union agency tasked with monitoring and ensuring compliance by content hosting platforms with the provisions of this Regulation. The Agency should review compliance with the standards laid down for content management on the basis of transparency reports and an audit of algorithms employed by content hosting platforms for the purpose of content management ‒deleted

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Marion WALSMANN, Jiří POSPÍŠIL, Esteban GONZÁLEZ PONS, Javier ZARZALEJOS

Motion for a resolution
Annex I – part B – Article 3 –point 2

(2) ‘'illegal content’' means any ~~concept, idea, expression or information in any format such as text, images, audio and video~~information which is not in compliance with Union law or the law of a Member State concerned;

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Esteban GONZÁLEZ PONS, Javier ZARZALEJOS

Motion for a resolution
Annex I – part B – Article 4 – paragraph 2

2. Users shall not be subjected to discriminatory content moderation practices by the content hosting platforms, such as removal of user-generated content based on appearance, ethnic origin, gender, sexual orientation, religion or belief, disability, age, pregnancy or upbringing of children, language or social class.deleted

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Javier ZARZALEJOS

Motion for a resolution
Annex I – part B – Article 4 a (new)

Article 4a Voluntary action 1. Without prejudice to Articles 12-14 of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce', a content hosting platform is not liable for any of the information that it stores, indexes, makes available or transmits simply by virtue of the fact that it has taken voluntary action in good faith, whether of an automated or anon- automated nature, to identify, remove, disable access to, or otherwise restrict information or activity that the service provider reasonably considers to be illegal or otherwise objectionable. 2. Where a content hosting platform takes voluntary action in accordance with Paragraph 1: (a) it shall not be taken to imply that, as a result of the voluntary action, the content hosting platform has knowledge of or control over the information which it transmits or stores; (b) nor shall it be taken to imply that, as a result of the voluntary action, the activity of the content hosting platform is not of a mere technical, automatic and passive nature. 3. Paragraphs 1 and 2 shall not affect the possibility for a court or administrative authority, in accordance with Member States' legal systems, of requiring the content hosting platform to terminate or prevent an infringement.

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Esteban GONZÁLEZ PONS, Javier ZARZALEJOS

Motion for a resolution
Annex I – part B – Article 4 b (new)

Article 4b Transparency obligation 1. Digital services actively hosting or moderating online content shall take the necessary measures in order to disclose the funding and the power of interest groups behind those using their services so that the person legally responsible and accountable should be identifiable. 2. Digital service providers without a permanent establishment in the EU shall designate a legal representative for user interest within the European Union and make the contact information of this representative visible and accessible on their websites.

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Esteban GONZÁLEZ PONS, Javier ZARZALEJOS

Motion for a resolution
Annex I – part B – Article 12 – paragraph 1

Without prejudice to judicial or administrative orders regarding content online, content that has been the subject of a notice shall remain visible until a final decision has been taken regarding its removal or takedown.deleted

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Esteban GONZÁLEZ PONS, Javier ZARZALEJOS

Motion for a resolution
Annex I – part B – Article 12 – paragraph 1 a (new)

Digital service providers should act expeditiously to make unavailable or remove illegal content that has been notified to them and make best efforts to prevent future uploads of the same content.

2020/06/05
Committee: JURI

2020/2019(INL)

József SZÁJER, Jiří POSPÍŠIL, Esteban GONZÁLEZ PONS, Javier ZARZALEJOS

Motion for a resolution
Annex I – part B – Article 14 – paragraph 3 a (new)

3a. Both the place where the content has been uploaded and accessed shall be deemed to constitute a ground of jurisdiction

2020/06/05
Committee: JURI

2020/2018(INL)

Tomáš ZDECHOVSKÝ, Javier ZARZALEJOS

Draft opinion
Paragraph -1 a (new)

-1 a. Stresses that the Digital Services Act should provide a level-playing field by offering sufficient legal clarity regarding the concepts and definitions included in the legislation and by applying to all relevant actors offering digital services in the Union, regardless of whether they are established inside or outside the Union;

2020/05/27
Committee: LIBE

2020/2018(INL)

Tomáš ZDECHOVSKÝ, Roberta METSOLA, Javier ZARZALEJOS

Draft opinion
Paragraph 1

1. Underlines that digital services and their underlying algorithms need to fully respect fundamental rights, especially the protection of privacy and personal data, non-discrimination, the rights of the child, and the freedom of speech and information, as enshrined in the Treaties and the Charter of Fundamental rights of the European Union; calls therefore on the Commission to implement an obligation of transparency, user-friendliness and explaina~~bility~~tion in layman’s terms for consumers of algorithms, and the possibility of human intervention, as well as other measures, such as independent audits and specific stress tests to assist and enforce compliance;

2020/05/27
Committee: LIBE

2020/2018(INL)

Tomáš ZDECHOVSKÝ, Roberta METSOLA, Javier ZARZALEJOS

Draft opinion
Paragraph 1 a (new)

1 a. Considers that illegal content online should be treated in the same way as illegal content offline, while fully respecting fundamental rights; points out that illegal content online does not only undermine citizens' trust in the digital environment but may also have grave and long-lasting consequences for internal security and fundamental rights, especially of children; underlines that the swift and consistent detection and removal or blocking of illegal content online continues to be an urgent challenge as national approaches towards the removal or blocking of illegal content online lack sufficient harmonisation; acknowledges that a differentiation has to be made between the various types of illegal content online as some content, notably child sexual exploitation material, is manifestly illegal while the nature of other types of content might depend on the applicable national law or can only be ascertained through contextualisation;

2020/05/27
Committee: LIBE

2020/2018(INL)

Tomáš ZDECHOVSKÝ, Javier ZARZALEJOS

Draft opinion
Paragraph 1 b (new)

1 b. Stresses that exclusive reliance on notice-and-take-down measures and voluntary action by online intermediaries is not sufficient to effectively address illegal content online; believes that the responsibility of online intermediaries to tackle manifestly illegal content on their platforms and the infrastructure they provide should be considerably increased, while taking into account their scale of reach and operational capacities; underlines the importance to complement this responsibility with effective remedies to be made available to content providers whose content was removed; emphasises, in this regard, that an explicit legal basis for proactive measures to detect and remove or block known illegal content is needed in addition to clear rules on duty of care to ensure compliance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR)1c; _________________ 1cRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

2020/05/27
Committee: LIBE

2020/2018(INL)

Tomáš ZDECHOVSKÝ, Roberta METSOLA, Javier ZARZALEJOS, Kris PEETERS

Draft opinion
Paragraph 1 c (new)

1 c. Highlights that illegal content online can easily be multiplied and its negative impact amplified within a very short period of time; reminds that Facebook alone blocked 1.2 million copies of the video of the March 2019 Christchurch attacks at the point of upload and removed another 300,000 copies within 24 hours of the attack, which would not have been possible if each individual removal or blocking decision had been subject to human verification; believes, therefore, that online intermediaries should be expressly allowed to have recourse to automated tools to detect and remove or block access to content whose illegality has either been established by a court or whose illegal nature can be easily determined without contextualisation; stresses, however, that there should be no general monitoring obligation;

2020/05/27
Committee: LIBE

2020/2018(INL)

Tomáš ZDECHOVSKÝ, Javier ZARZALEJOS

Draft opinion
Paragraph 1 d (new)

1 d. Reiterates, moreover, that cooperation between online intermediaries and competent national authorities should be improved to ensure the swift blocking or removal of content flagged by competent authorities and the successful investigation and prosecution of illegal content providers; underlines the importance to harmonise the rules and procedures across the Union in relation to content removals or blockings following notifications by law enforcement, including appropriate time limits for responses to legitimate removal requests and sanctions for systematic failure to respond to such requests;

2020/05/27
Committee: LIBE

2020/2018(INL)

Tomáš ZDECHOVSKÝ, Javier ZARZALEJOS

Draft opinion
Paragraph 1 e (new)

1 e. Stresses the need to ensure that removal or blocking decisions are accurate, well-founded and respect fundamental rights; reiterates that access to judicial redress should available to content providers to satisfy the right to effective remedy; highlights, in this regard, that transparency obligations should be imposed on online intermediaries as regards the criteria applied to decide on removals or blockings and the technology used to guarantee the application of necessary safeguards and to avoid discrimination and unnecessary removals or blockings; believes furthermore that more transparency is required, both on the side of online platforms and law enforcement authorities, regarding the types of content removed and the reasons therefor;

2020/05/27
Committee: LIBE

2020/2018(INL)

Tomáš ZDECHOVSKÝ, Roberta METSOLA, Javier ZARZALEJOS, Kris PEETERS

Draft opinion
Paragraph 2

2. Emphasises that the rapid development of digital services requires strong and future-proof legislation tohat protects privacy ~~and a~~, provides reasonable duty of care to ensure digital dignity and effectively addresses illegal content; stresses ~~therefore~~ in this regard that all digital service providers need to fully respect Union data protection law, namely Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR)1 and Directive (EC) 2002/58 of the European Parliament and of the Council (ePrivacy)2 , currently under revision, and othe ~~freedom of expression~~r Union legislation which includes obligations upon them with the aim to balance the right of users to freedom of expression with the right to liberty and security; _________________ 1Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 2 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

2020/05/27
Committee: LIBE

2020/2018(INL)

Tomáš ZDECHOVSKÝ, Roberta METSOLA, Javier ZARZALEJOS

Draft opinion
Paragraph 3

3. Recommends the Commission to work on harmonising the national ~~personal~~electronic identification s~~ign-ins~~ystem with a view to creating a single ~~Union sign-in system in order to~~electronic identification system for EU citizens which ensures the protection of personal data and age verification, especially for children, and makes public services more accessible to everyone; considers that such a system should be secure and only process the data that is necessary for the identification of the user;

2020/05/27
Committee: LIBE

2020/2018(INL)

Tomáš ZDECHOVSKÝ, Javier ZARZALEJOS, Kris PEETERS

Draft opinion
Paragraph 5

5. Notes th~~e potential negative impact of~~at behavioural advertising, including micro-target~~ed advertis~~ing, and of assessment of individuals, may better address potential needs than contextual advertising but can also have negative impacts, especially on minors and other vulnerable groups, by interfering in the private life of individuals, posing questions as to the collection and use of the data used to target said advertising, offering products or services or, setting prices~~; calls therefore on the Commission to introduce~~, or influencing democratic processes and elections; calls therefore on the Commission to introduce specific requirements with regard to behavioural advertising to protect fundamental rights, including a limitation on micro-targeted advertisements~~, especially~~ on vulnerable groups, and a prohibition on the use of discriminatory practices for the provision of services or products.;

2020/05/27
Committee: LIBE

2020/2018(INL)

Tomáš ZDECHOVSKÝ, Roberta METSOLA, Javier ZARZALEJOS, Kris PEETERS

Draft opinion
Paragraph 5 a (new)

5 a. is concerned about the fragmentation of public oversight and supervision of digital services and the frequent lack of financial and human resources for the oversight bodies needed to properly fulfil their tasks; calls for increased cooperation with regard to regulatory oversight of digital services; supports the creation of an independent EU body to ensure harmonised implementation of and compliance with applicable rules;

2020/05/27
Committee: LIBE

2020/2018(INL)

Tomáš ZDECHOVSKÝ, Roberta METSOLA, Javier ZARZALEJOS, Kris PEETERS

Draft opinion
Paragraph 5 b (new)

5 b. highlights the importance of user empowerment with regard to the enforcement of their own fundamental rights online; considers that users should be provided with easy access to complaint procedures, legal remedies, educational measures and awareness-raising on data protection issues;

2020/05/27
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Ioan-Rareş BOGDAN, Roberta METSOLA

Motion for a resolution
Citation 4 a (new)

- having regard to the European ethical Charter on the use of Artificial Intelligence in judicial systems and their environment of the European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Romana TOMC, Paulo RANGEL, Ioan-Rareş BOGDAN, Roberta METSOLA

Motion for a resolution
Citation 6 a (new)

- having regard to the ‘Ethics Guidelines for Trustworthy AI’ of the High-Level Expert Group on Artificial Intelligence set up by the Commission of 8 April 2019;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Roberta METSOLA

Motion for a resolution
Recital A

A. whereas digital technologies in general and the proliferation of data processing and analytics enabled by artificial intelligence (AI) in particular bring with them extraordinary promise; whereas AI isdevelopment has made a big leap forward in recent years which makes it one of the strategic technologies of the 21st century, generating substantial benefits in efficiency, accuracy, and convenience, and thus bringing positive change to the European economy and society; whereas AI should not be seen as an end in itself, but as a tool for serving people, with the ultimate aim of increasing human well-being, human capabilities and safety;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Ioan-Rareş BOGDAN, Maria WALSH, Roberta METSOLA

Motion for a resolution
Recital B

B. whereas the ~~development of AI must respect the~~ values on which the Union is founded, in particular human dignity, freedom, democracy, equality, the rule of law, and ~~human and~~ fundamental rights, have to be respected throughout the life cycle of AI tools, notably during their design, development, deployment and use;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC

Motion for a resolution
Recital C

C. whereas ~~trustworthy~~ AI systems need to be accountable, ~~designed for all (including consideration of vulnerable, marginalised populations in their design), be non-discriminatory, safe and transparent, and respect human autonomy and fundamental rights~~non-discriminatory, safe and transparent, and respect human autonomy and fundamental rights in order to be trustworthy, as described in the Ethics Guidelines of the High-Level Expert Group on Artificial Intelligence;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Ioan-Rareş BOGDAN

Motion for a resolution
Recital D

D. whereas the Union together with the Member States bear a critical responsibility for ensuring that ~~policy choice~~decisions surrounding the ~~development, deployment and us~~life-cycle of AI applications in the field of the judiciary and law enforcement are made in a transparent manner~~, respect the principles of necessity and proportionality, and guarantee that the policies and measures adopted will fully safeguard fundamental rights within the Union~~ and fully safeguard fundamental rights; whereas the relevant policy choices should respect the principles of necessity and proportionality;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Ioan-Rareş BOGDAN, Maria WALSH, Roberta METSOLA

Motion for a resolution
Recital E

E. whereas AI applications offer great opportunities in the field of law enforcement, in particular in improving the working methods of law enforcement agencies and judicial authorities, and preventing and combating certain types of crime more efficiently, in particular financial crime, money laundering and terrorist financing, as well as certain types of cybercrime, thereby contributing to the safety and security of EU citizens;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Romana TOMC

Motion for a resolution
Recital F

~~F. whereas a clear model for assigning legal responsibility for the potential harmful effects of AI systems in the field of criminal law is imperative;~~deleted

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Ioan-Rareş BOGDAN, Maria WALSH, Roberta METSOLA

Motion for a resolution
Recital G

G. whereas AI applications in use by law enforcement include applications such as facial recognition technologies, e.g. to search suspect databases and identify victims of human trafficking or child sexual exploitation and abuse, automated number plate recognition, speaker identification, speech identification, lip- reading technologies, aural surveillance (i.e. gunshot detection algorithms), autonomous research and analysis of identified databases, forecasting (predictive policing and crime hotspot analytics), behaviour detection tools, advanced virtual autopsy tools to help determine the cause of death, autonomous tools to identify financial fraud and terrorist financing, social media monitoring (scraping and data harvesting for mining connections), international mobile subscriber identity (IMSI) catchers, and automated surveillance systems incorporating different detection capabilities (such as heartbeat detection and thermal cameras); whereas the aforementioned applications have vastly varying degrees of reliability and accuracy;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Roberta METSOLA

Motion for a resolution
Recital H

H. whereas AI tools and applications are also used by the judiciary worldwide, including in sentencing, calculating probabilities for reoffending and in determining probation, online dispute resolution, case law management, and the provision of facilitated access to the law;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Ioan-Rareş BOGDAN, Roberta METSOLA

Motion for a resolution
Recital H a (new)

H a. whereas the applications of AI in law enforcement and the judiciary are in different development stages, ranging from conceptualisation through prototyping or evaluation to post-approval use; whereas new possibilities of use may arise in the future as the technology becomes more mature due to ongoing intensive scientific research worldwide;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS

Motion for a resolution
Recital I

I. whereas the use of AI in law enforcement entails a number of potential risks, such as opaque decision-making, different types of discrimination, and errors inherent in the underlying algorithm which can be reinforced by feedback loops, as well as risks to the protection of privacy and personal data, the protection of freedom of expression and information, and the presumption of innocence; whereas the extent of these risks varies between different applications and depending on the purpose of their use;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS

Motion for a resolution
Recital I a (new)

I a. whereas some countries make greater use of AI applications in law enforcement and the judiciary than others, which is partly due to a lack of regulation and regulatory differences which enable or prohibit AI use for certain purposes;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Roberta METSOLA

Motion for a resolution
Recital J

J. whereas AI systems used by law enforcement and judiciary are also vulnerable to AI- empowered attacks or data poisoning, whereby a wrong data set is included on purpose to produce biased results; whereas in these situations the resulting damage is potentially eve~~n more~~ry significant, and can result in ~~exponentially~~ greater levels of harm to both individuals and groups;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Ioan-Rareş BOGDAN, Roberta METSOLA

Motion for a resolution
Paragraph 1

1. RWelcomes the positive contribution of AI applications to the work of law enforcement and judicial authorities across the Union as a key enabling technology to ensure safety and security of citizens; highlights e.g. the enhanced case law management achieved by tools allowing for additional search options; believes that there is a wide range of other potential uses for AI by law enforcement and the judiciary which should be explored, subject to methodological precautions and scientific assessments; reiterates that, as processing large quantities of data is at the heart of AI, the right to the protection of private life and the right to the protection of personal data apply to all areas of AI, and that the Union legal framework for data protection and privacy must be fully complied with;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Ioan-Rareş BOGDAN, Maria WALSH, Roberta METSOLA

Motion for a resolution
Paragraph 2

2. Reaffirms that all AI solutions for law enforcement and the judiciary also need to fully respect the principles of non- discrimination, freedom of movement, the presumption of innocence and right of defence, freedom of expression and information, freedom of assembly and of association, equality before the law, the principle of equality of arms, and the right to an effective remedy and a fair trial;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Ioan-Rareş BOGDAN, Maria WALSH, Roberta METSOLA

Motion for a resolution
Paragraph 2 a (new)

2 a. Acknowledges that the speed at which AI applications are developed around the world necessitates a future- oriented approach and that any attempts at exhaustive listing of applications will quickly become outdated; calls, in this regard, for a clear and coherent governance model that guarantees the respect of fundamental rights, but also allows companies and organizations to further develop artificial intelligence applications;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Maria WALSH, Roberta METSOLA

Motion for a resolution
Paragraph 3

3. Considers, in this regard, that safeguards should be proportionate to potential risks associated with the use specific AI applications; believes that any AI tool either developed or used by law enforcement or judiciary should, as a minimum, be safe, robust, secure and fit for purpose, respect the principles of fairness, accountability, transparency ~~and~~, non- discrimination as well as explainability, with their deployment subject to a strict necessity and proportionality test;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Roberta METSOLA

Motion for a resolution
Paragraph 4

4. Highlights the importance of preventing mass surveillance ~~by means~~, which per definition does not correspond to the principles of necessity and proportionality; strongly supports high thresholds for and transparency in the use of AI technologies, and ~~of banning applications that would result in it;~~ applications that could result in it; calls for law enforcement or the judiciary to use AI applications that adhere to the privacy-by- design principle whenever possible to avoid function creep;

2020/07/20
Committee: LIBE

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Ioan-Rareş BOGDAN, Roberta METSOLA

9. Considers it necessary to create a clear and fair regime for assigning legal responsibility and liability for the potential adverse consequences produced by these advanced digital technologies;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Ioan-Rareş BOGDAN, Maria WALSH, Roberta METSOLA

Motion for a resolution
Paragraph 9 a (new)

9 a. Calls for the adoption of appropriate procurement processes for AI systems by Member States and EU agencies when used in law enforcement or judicial context, so as to ensure their compliance with fundamental rights;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Romana TOMC, Ioan-Rareş BOGDAN

Motion for a resolution
Paragraph 10

10. ~~Underlines that in judicial and law enforcement contexts, the final decision always needs to be taken by a human, who can be held accountable for the decisions made, and include~~Takes the view that law enforcement and judicial authorities that make use of AI systems need to uphold high legal standards, in particular when analysing data; underlines the need to ensure human intervention and accountability throughout the different stages of decision-making, to assess both the quality of the data and the appropriateness of each decision taken on the basis of that information; considers that persons subject to these systems should be given the possibility of a recourse for a remedy;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Romana TOMC

Motion for a resolution
Paragraph 11

11. Calls for algorithmic explainability and transparency as a necessary part of oversight in order to ensure that the development, deployment and use of AI systems for judiciary and law enforcement ~~comply with fundamental rights, and~~ are trusted by citizens, as well as in order to ensure that results generated by AI algorithms can be rendered intelligible to users and to those subject to these systems, and that there is transparency on the source data and how the system arrived at a certain conclusion;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC

Motion for a resolution
Paragraph 12

12. Calls for traceability of ~~AI systems that defines the capabilitie~~the decision making process of AI systems within law enforcement and the judiciary which outlines the functions and limitations of the systems, and keeps track of where the defining attributes for a decision originate, for instance through compulsory documentation obligations;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Ioan-Rareş BOGDAN, Maria WALSH, Roberta METSOLA

Motion for a resolution
Paragraph 13

13. Calls for a compulsory fundamental rights impact assessment to be conducted prior to the implementation or deployment of any AI systems for law enforcement or judiciary purposes, in order to assess any potential risks to fundamental rights and, where necessary, define appropriate safeguards to address these risks;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Ioan-Rareş BOGDAN, Roberta METSOLA

Motion for a resolution
Paragraph 13 a (new)

13 a. Deplores that many law enforcement and judicial authorities in the EU lack the funding, capacities and capabilities to reap the benefits AI tools can offer for their work; encourages law enforcement and judicial authorities to identify, structure and categorise their needs to enable the development of tailor- made AI solutions and to exchange best practices on AI deployment; stresses the need to provide the authorities with the necessary funding, as well as to equip them with the necessary expertise to guarantee full compliance with the ethical, legal and technical requirements attached to AI deployment;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Ioan-Rareş BOGDAN, Maria WALSH, Roberta METSOLA

Motion for a resolution
Paragraph 13 b (new)

13 b. Supports the establishment of awareness-raising and educational initiatives to ensure that individuals working in law enforcement or the judiciary are aware of and understand the limitations, capabilities and risks that the use of AI systems entail, including the risk of automation bias;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC

Motion for a resolution
Paragraph 14

14. Calls for ~~periodic mandatory auditing of all AI systems used by law enforcement and the judiciary to test and evaluate~~an adequate institutional framework, including proper regulatory and supervisory oversight, to ensure proper implementation; calls for periodic mandatory auditing of all AI systems used by law enforcement and the judiciary by an independent authority to test and evaluate the context, purpose, accuracy, performance, and scale of algorithmic systems once they are in operation, in order to detect, investigate, diagnose and rectify any unwanted and adverse effects and thereby ensure continuous compliance with the applicable regulatory framework;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Maria WALSH, Roberta METSOLA

Motion for a resolution
Paragraph 14 a (new)

14 a. Supports the recommendations of the Commission’s High-Level Expert Group on AI for a ban on AI-enabled mass scale scoring of individuals; considers that any form of normative citizen scoring on a large scale by public authorities, in particular within the field of law enforcement and the judiciary, leads to the loss of autonomy, endangers the principle of non-discrimination and cannot be considered in line with European values;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC

Motion for a resolution
Paragraph 14 b (new)

14 b. Welcomes the recommendations of the Commission’s High-Level Expert Group on AI for a proportionate use of biometric recognition technology; shares the view that the use of remote biometric identification should always be considered “high risk” and therefore be subject to additional requirements;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Roberta METSOLA

Motion for a resolution
Paragraph 15

15. ~~Calls for a moratorium~~Strongly believes that the deployment of facial recognition systems by law enforcement should be limited to clearly warranted purposes in full respect onf the ~~deployment of facial recognition systems for law enforcement, until the technical standard~~applicable law; reaffirms that as a minimum, the use of facial recognition technology must comply with the requirements of data minimisation, data accuracy, storage limitation, data security and accountability, as well as being lawful, fair, transparent and following a specific, explicit and legitimate purpose that is clearly defined in Member State or Union law; reminds that these systems are already successfully used, inter alia to search suspect databases and identify victims of human trafficking or child sexual exploitation and abuse; emphasises the need to ensure that the technical standards and underlying algorithms can be considered ~~fully~~ fundamental rights compliant, and that results derived are non-discriminatory~~, and there is public trust~~ ; believes that this will be decisive to ensure public trust and support regarding the necessity and proportionality ofor the deployment of such technologies;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC

Motion for a resolution
Paragraph 15 a (new)

15 a. Notes that predictive policing is among the AI applications used in the area of law enforcement; acknowledges that this can allow law enforcement to work more effectively and proactively, but warns that while predictive policing can analyse the necessary data sets for the identification of patterns and correlations, it cannot answer the question of causality and therefore cannot constitute the sole basis for an intervention;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC

Motion for a resolution
Paragraph 16

16. Calls for greater overall transparency ~~from Member States, and for a comprehensive understan~~regarding of the use of AI applications in the Union~~, broken down by Member State law enforcement and judicial authority, the type of tool in use, the types of crime they are applied to, and the companies whose tools are being used~~; requests Member States to provide an overview of the tools used by their law enforcement and judicial authorities, the purposes for which they are used, and the names of the companies or organizations which have developed those tools;

2020/07/20
Committee: LIBE

2020/2016(INI)

Kris PEETERS, Isabel WISELER-LIMA, Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Paulo RANGEL, Romana TOMC, Ioan-Rareş BOGDAN, Maria WALSH, Roberta METSOLA

Motion for a resolution
Paragraph 16 a (new)

16 a. Reminds that AI applications, including applications used in the context of law enforcement and the judiciary, are being developed globally at a rapid pace; urges all European stakeholders, including the Commission and EU agencies, to ensure international cooperation and to engage third country partners in order to find a common and complementary ethical framework for the use of AI, in particular for law enforcement and the judiciary;

2020/07/20
Committee: LIBE

2020/2012(INL)

Roberta METSOLA, Javier ZARZALEJOS

Draft opinion
Paragraph 1

1. Believes that any ethical framework should seek to respect human autonomy, prevent harm, promote fairness and inclusion - especially of citizens living with disabilities -, fight discrimination, also of minority groups, and respect the principle of explicability of technologies;

2020/06/15
Committee: LIBE

2020/2012(INL)

Juan Ignacio ZOIDO ÁLVAREZ, Javier ZARZALEJOS

Draft opinion
Paragraph 2

2. Stresses th~~e importance of developing~~at citizens' trust in AI can only be built on an “ethic~~s-by-default and by design”~~al framework which fully respect the Charter of Fundamental Rights of the European Union, Union law and the Treaties;

2020/06/15
Committee: LIBE

2020/2012(INL)

Juan Ignacio ZOIDO ÁLVAREZ, Javier ZARZALEJOS

Draft opinion
Paragraph 2 a (new)

2a. Calls on the European Union and on the Member States to promote public awareness of the risks and opportunities of the use of AI as an ethical requirement.

2020/06/15
Committee: LIBE

2020/2012(INL)

Roberta METSOLA, Javier ZARZALEJOS, Kris PEETERS

Draft opinion
Paragraph 3 a (new)

3a. Expects the Commission to integrate a strong ethical framework into the forthcoming legislative proposal as a follow up to the White Paper on Artificial Intelligence, including on safety, liability, fundamental rights and data protection, which maximises the opportunities and minimises the risks of AI technologies;

2020/06/15
Committee: LIBE

2020/2012(INL)

Roberta METSOLA, Javier ZARZALEJOS

Draft opinion
Paragraph 3 b (new)

3b. Expects that the forthcoming legislative proposal will include policy solutions to the major recognised risks of Artificial Intelligence including, amongst others, on the ethical collection and use of Big Data, the issue of algorithmic transparency and algorithmic bias;

2020/06/15
Committee: LIBE

2020/2012(INL)

Roberta METSOLA, Javier ZARZALEJOS

Draft opinion
Paragraph 4

4. Is of the opinion that effective cross- border cooperation and ethical standards can be achieved only if all stakeholders seek to ensure human agency and oversight, and respect the established principles of privacy ~~and data governance~~, data governance and data protection - specifically those enshrined in Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) - , transparency and accountability;

2020/06/15
Committee: LIBE

2020/2012(INL)

Roberta METSOLA, Juan Ignacio ZOIDO ÁLVAREZ, Javier ZARZALEJOS

Draft opinion
Paragraph 6

6. Stresses that the protection of networks of interconnected AI and robotics must prevent security breaches, cyber- attacks and the misuse of personal data and that this will require the relevant agencies, bodies and institutions both at the European level and the national level to work in cooperation with end users of these technologies;

2020/06/15
Committee: LIBE

2020/2012(INL)

Roberta METSOLA, Javier ZARZALEJOS

Draft opinion
Paragraph 6 a (new)

6a. Notes in this regard the provisions laid down in Regulation 2019/881 of the European Parliament and of the Council on ENISA and the Cyber Security Act, particularly ENISA's role in promoting public awareness and education campaigns directed at end users including on potential cyber threats and criminal activities online, and in promoting essential data protection measures; acknowledges the added value of this EU agency in this regard;

2020/06/15
Committee: LIBE

2020/2012(INL)

Juan Ignacio ZOIDO ÁLVAREZ, Javier ZARZALEJOS

Draft opinion
Paragraph 6 a (new)

6a. Stresses that the malicious use of AI can pose a risk to the values of our democracies and the fundamental rights of the citizens of the European Union. Calls on the Commission to propose a framework that penalises those who, using this technology, distort the perception of reality through disinformation campaigns, or who provoke cyber-attacks in order to violate digital cyber-security.

2020/06/15
Committee: LIBE

2020/2012(INL)

Juan Ignacio ZOIDO ÁLVAREZ, Javier ZARZALEJOS

Draft opinion
Paragraph 6 b (new)

6b. Calls on the Commission and on the Council to provide all the agencies of the European Union with a regulatory framework in the use of AI technology that enables them to have a robust and effective cooperation with the public and private sectors for the protection of citizens, when breaches of security and misuse of personal data occur.

2020/06/15
Committee: LIBE

2020/2012(INL)

Roberta METSOLA, Juan Ignacio ZOIDO ÁLVAREZ, Javier ZARZALEJOS, Kris PEETERS

Draft opinion
Paragraph 7

7. Notes that AI and robotic technology in the area of law enforcement and border control could enhance public safety and security; stresses that its use must respect the principles of proportionality and necessity; considers that it should be possible for EU agencies in the field of Justice and Home Affairs to be equipped with the latest AI and robotic technologies, especially for the purposes of law enforcement and border control, and that this should be taken into account in the yearly budgets for the JHA agencies throughout the next MFF period (2021-2027);

2020/06/15
Committee: LIBE

2020/2012(INL)

Roberta METSOLA, Juan Ignacio ZOIDO ÁLVAREZ, Javier ZARZALEJOS, Kris PEETERS, Axel VOSS

Draft opinion
Paragraph 8

8. Stresses that AI and robotics are not immune from making mistakes; emphasises the importance of the right to an explanation when persons are subjected to algorithmic decision-making; considers the need for legislators to reflect upon the complex issue of liability in the context of criminal justice.

2020/06/15
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Roberta METSOLA, Vladimír BILČÍK, Kris PEETERS, Ramona STRUGARIU, Javier ZARZALEJOS, Maria WALSH

Motion for a resolution
Citation 5

— having regard to the work carried out by the Council of Europe to promote the protection and safety of journalists, including Recommendation CM/Rec(2018)1[1] of the Committee of Ministers to member states on media pluralism and transparency of media ownership and the declaration by the Committee of Ministers on the financial sustainability of quality journalism in the digital age, and the Recommendation CM/Rec(2016)4[1] of the Committee of Ministers to member states on the protection of journalism and safety of journalists and other media actors;

2020/07/07
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Roberta METSOLA, Vladimír BILČÍK, Kris PEETERS, Ramona STRUGARIU, Javier ZARZALEJOS, Maria WALSH

Motion for a resolution
Citation 5 a (new)

— having regard to the Joint Communication of 10 June 2020 entitled ‘Tackling COVID-19 disinformation - Getting the facts right’ (JOIN(2020) 8 final),

2020/07/07
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Roberta METSOLA, Vladimír BILČÍK, Kris PEETERS, Ramona STRUGARIU, Javier ZARZALEJOS, Maria WALSH

Motion for a resolution
Citation 10 a (new)

— having regard to the Commission’s Code of Practice to fight online disinformation, agreed on 26 September 2018,

2020/07/07
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Roberta METSOLA, Vladimír BILČÍK, Kris PEETERS, Ramona STRUGARIU, Javier ZARZALEJOS, Maria WALSH

Motion for a resolution
Citation 13 a (new)

— having regard to the Council conclusions of 26 May 2020 on media literacy in an ever-changing world,

2020/07/07
Committee: LIBE

2020/2009(INI)

Javier ZARZALEJOS

Motion for a resolution
Recital B

B. whereas media capture, the lack of institutional transparency, hate speech and disinformation are increasingly being used as tools to intensify social polarisation, which is in turn exploited for political purposes; whereas combating these phenomena is not only relevant to the domain of human rights, but is also a fundamental factor in terms of the defence of the rule of law and democracy in the EU;

2020/07/07
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Roberta METSOLA, Vladimír BILČÍK, Kris PEETERS, Ramona STRUGARIU, Javier ZARZALEJOS, Maria WALSH

Motion for a resolution
Recital D

D. whereas journalists and other media actors continue to be at risk of violence, threats, harassment, pressure, (self-) censorship, public shaming and even assassination in the EU as a result of their investigative activities to protect the public interest; whereas women journalists face gender-specific forms of violence, such as sexual and online harassment, whereas more than 70% of women working in the media have experienced more than one type of harassment, threat, or attack online; whereas 52% of women have experienced these types of offence in the past year alone;

2020/07/07
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Roberta METSOLA, Vladimír BILČÍK, Kris PEETERS, Ramona STRUGARIU, Javier ZARZALEJOS, Maria WALSH

Motion for a resolution
Recital E

E. whereas in addition to violence, intimidation and harassment of journalists there is lack of prosecution of the perpetrators of these crimes and impunity leads to a chilling effect; whereas OSCE reports that impunity prevails as e.g. less than 15% of murders of journalists in the OSCE region are solved;

2020/07/07
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Roberta METSOLA, Vladimír BILČÍK, Kris PEETERS, Ramona STRUGARIU, Javier ZARZALEJOS, Maria WALSH

Motion for a resolution
Recital F

F. whereas the global COVID-19 crisis is having a devastating social and economic impact on the media sector; whereas media outlets have been reporting considerable losses in their revenue from advertising, whereas thousands of media workers have already lost, or are at risk of losing their jobs, either temporarily or permanently, whereas this has particularly strong impact on freelance journalists whose number is increasing throughout the EU and who constitute already a significant part of all journalists in Europe; whereas financial sustainability of the job and financial independence are a crucial part of press freedom;

2020/07/07
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Roberta METSOLA, Vladimír BILČÍK, Kris PEETERS, Ramona STRUGARIU, Javier ZARZALEJOS, Maria WALSH

Motion for a resolution
Recital G

G. whereas the internet and social media play a role in spreading hate speech and fostering radicalisation leading to violent extremism, through the circulation of illegal content; whereas combating all forms of intolerance is an integral part of human-rights protection as developed by the jurisprudence of the European Court of Human Rights;

2020/07/07
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Roberta METSOLA, Vladimír BILČÍK, Kris PEETERS, Ramona STRUGARIU, Javier ZARZALEJOS, Maria WALSH

Motion for a resolution
Recital H

H. whereas the AVMSD obliges the authorities in every Member State to ensure that audiovisual media services do not contain any incitement to hatred based on race, sex, religion or nationality; whereas the AVMSD obliges Member States to ensure the independence of media regulators;

2020/07/07
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Roberta METSOLA, Vladimír BILČÍK, Kris PEETERS, Ramona STRUGARIU, Javier ZARZALEJOS, Maria WALSH

Motion for a resolution
Recital I

I. whereas the spread of false news and disinformation available via social media or search websites poses a threat to freedom of speech and expression and the independence of the media, and has strongly impaired the credibility of the traditional media; whereas data analysis and algorithms have an increasing impact on the information made accessible to citizens;

2020/07/07
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Roberta METSOLA, Vladimír BILČÍK, Kris PEETERS, Ramona STRUGARIU, Javier ZARZALEJOS, Maria WALSH

Motion for a resolution
Recital J

J. whereas disinformation related to COVID-19 may cause panic and social unrest and needs to be addressed; whereas measures to combat disinformation cannot be used as a pretext for introducing disproportionate restrictions on press freedom; whereas reports indicate that coordinated campaigns have been running across EU Member States and neighbouring regions, promoting false health information and disinformation about the EU and its partners; whereas the Commission addresses these phenomena in its recent joint communication on tackling COVID-19 disinformation;

2020/07/07
Committee: LIBE

2020/2009(INI)

Javier ZARZALEJOS

Motion for a resolution
Recital J

J. whereas disinformation related to COVID-19 may cause panic and social unrest and needs to be addressed; whereas measures to combat disinformation cannot be used as a pretext for introducing disproportionate restrictions on press freedom; whereas pluralism of information sources, accountability and institutional transparency are a primary defensive barrier against disinformation

2020/07/07
Committee: LIBE

2020/2009(INI)

Javier ZARZALEJOS

Motion for a resolution
Paragraph 3

3. Strongly reiterates its call on the Commission to treat attempts by Member State governments to damage media freedom and pluralism as constituting a serious and systematic abuse of powers and as going against the fundamental values of the EU as enshrined in Article 2 TEU; welcomes, therefore, the Commission’s intention to include a specific chapter on monitoring media freedom and pluralism in its Annual Report on the Situation of the Rule of Law within the EU; urges the Commission to take into account the impact of the emergency measures taken in 2020 in the context of COVID-19 on press freedom, institutional transparency, accountability, media pluralism and safety of journalists; in this context, recalls Parliament’s repeated call for a permanent, independent and comprehensive mechanism covering democracy, the rule of law and fundamental rights in the EU;

2020/07/07
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Roberta METSOLA, Vladimír BILČÍK, Kris PEETERS, Javier ZARZALEJOS, Maria WALSH

Motion for a resolution
Paragraph 4

4. Highlights the irreplaceable role of public service media and stresses that it is essential to ensure and maintain their independence from political interference; highlights as well the need to ensure the financial independence and the conditions for the sustainability of the activities of private market operators to avoid media capture; reiterates in this context Parliament’s call for an ambitious EU media action plan; condemns attempts by Member State governments to silence critical media and undermine media freedom and pluralism, in particular attempts to control public service media; deplores the fact that in some Member States public broadcasting has become an example of single political party propaganda, which often excludes opposition and minority groups from society and even incites violence; draws attention to the recommendations included in the Resolution 2255 (2019) of PACE that calls on the Member States to guarantee editorial independence, as well as sufficient and stable funding, for public service media; stresses that safeguarding independent authorities and ensuring strong independent oversight of ~~audiovisual~~ media against undue state and commercial intervention is crucial; calls on the Commission to present a legal framework to supervise the operation of public service media providers, including whether they fulfil the criteria of prudent management and task-based financing, and if their services fulfil the expectations of fact-based, fair and ethical journalism;

2020/07/07
Committee: LIBE

2020/2009(INI)

Javier ZARZALEJOS

Motion for a resolution
Paragraph 4

4. Highlights the irreplaceable role of public service media and stresses that it is essential to ensure and maintain their independence from political interference; condemns attempts by Member State governments to silence critical media and undermine media freedom and pluralism; warns of the attempts to indirectly subdue them by means of financial patronage, and condemns, in particular, attempts to control public service media; deplores the fact that in some Member States public broadcasting has become an example of single political party propaganda, which often excludes opposition and minority groups from society and even incites violence; stresses that safeguarding independent authorities and ensuring strong independent oversight of audiovisual media against undue state and commercial intervention is crucial;

2020/07/07
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Roberta METSOLA, Vladimír BILČÍK, Kris PEETERS, Ramona STRUGARIU, Javier ZARZALEJOS, Maria WALSH

Motion for a resolution
Paragraph 5

5. Reiterates its concern that few specific legal or policy frameworks protecting journalists and media workers from violence, threats and intimidation can be identified at national level within the EU; calls on the Member States and the Commission to ensure the effective protection and safety of journalists and other media actors as well as of their sources, including in a cross-border context; reiterates its call to Member States to take a gender-sensitive approach when considering measures to address the safety of journalists; strongly reiterates its call on the Commission to present proposals to prevent so-called ‘Strategic Lawsuits Against Public Participation’ (SLAPP);

2020/07/07
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Roberta METSOLA, Vladimír BILČÍK, Kris PEETERS, Ramona STRUGARIU, Javier ZARZALEJOS, Maria WALSH

Motion for a resolution
Paragraph 6

6. Stresses that excessive concentration of the content-producing and content-distributing sectors may threaten citizens’ access to a range of content; underlines that media pluralism, which depends on the existence of a diversity of media ownership and of content as well as independent journalism, is key to challenging the spread of disinformation and ensuring that EU citizens are well- informed; reminds that according to the Media Pluralism Monitor conclusions the media ownership concentration remains one of the most significant risks to media pluralism and is seen as creating barriers to the diversity of information; calls on the Commission to monitor the implementation at Member States level of existing EU instruments against ownership concentration and illegal state aid to increase diversity in the media landscape;

2020/07/07
Committee: LIBE

2020/2009(INI)

Javier ZARZALEJOS

Motion for a resolution
Paragraph 7

7. Is concerned about attempts to take advantage of the COVID-19 pandemic to punish independent and critical media and introduce restrictions on the media’s access to and scrutiny of government decisions and actions, supressing or mitigating institutional transparency mechanisms by adopting exceptional measures and hampering proper and informed debate on those actions; stresses the role of journalism and the free flow of information as essential to the EU’s efforts to contain the COVID-19 pandemic; points out that journalism plays a crucial function at a moment of public health emergency;

2020/07/07
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Roberta METSOLA, Vladimír BILČÍK, Ramona STRUGARIU, Javier ZARZALEJOS, Maria WALSH

Motion for a resolution
Paragraph 8

8. Calls on the Commission and the Member States to urgently introduce EU and national emergency recovery packages to protect the jobs and livelihoods of media workers, support companies and fund public service media through the COVID- 19 ~~crisis~~economic recovery plan; stresses that in the face of the pandemic European citizens need professional, economically secure and independent journalists; reiterates in this context its call for the creation of a permanent European fund for journalists in the framework of the next MFF (2021- 2027), as redrafted following the COVID- 19 crisis, offering direct financial support for independent journalists and media outlets, freelancers and self-employed media workers; reiterates also in this context its call for an ambitious EU media action plan to support the development of a vibrant and pluralistic media landscape;

2020/07/07
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Roberta METSOLA, Vladimír BILČÍK, Ramona STRUGARIU, Javier ZARZALEJOS, Maria WALSH

Motion for a resolution
Paragraph 8 a (new)

8a. Strongly welcomes the allocation of EU funds to start projects, such as the Europe-wide rapid response mechanism for violations of press and media freedom and a cross-border investigative journalism fund in order to strengthen media freedom and pluralism;

2020/07/07
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Roberta METSOLA, Vladimír BILČÍK, Ramona STRUGARIU, Javier ZARZALEJOS, Maria WALSH

Motion for a resolution
Paragraph 11 a (new)

11a. Highlights that online hate speech has grown increasingly widespread in recent years as individuals and disruptive actors use the power of online platforms to spread hateful information; stresses that this harms the collective public interest as harmful content undermines respectful and honest public discourse, and poses threats to public safety given that online hate speech can incite real- world violence;

2020/07/07
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Vladimír BILČÍK, Kris PEETERS, Ramona STRUGARIU, Javier ZARZALEJOS, Maria WALSH

Motion for a resolution
Paragraph 14

14. Notes that the new digital environment has exacerbated the problem of the spread of disinformation and has resulted in online platforms playing an influential role in publishing, disseminating and promoting news and other media content; reiterates its concern about the potential threat disinformation poses to freedom of expression ~~and the~~, democratic discourse, independence of the media and public health;

2020/07/07
Committee: LIBE

2020/2009(INI)

Javier ZARZALEJOS

Motion for a resolution
Paragraph 16

16. Points out that different forms of misinformation and disinformation, as well as other forms of information manipulation relating to the COVID-19 pandemic, continue to proliferate around the world and have potentially harmful consequences for public security, health and effective crisis management; recalls that all measures to combat disinformation, including those taken in the context of the COVID-19 emergency, need to be necessary, proportionate and subject to regular oversight, avoiding any drift leading to public monopoly or concentration of information sources and may under no circumstances prevent journalists and media actors from carrying out their work or lead to content being unduly blocked on the internet;

2020/07/07
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Vladimír BILČÍK, Kris PEETERS, Ramona STRUGARIU, Maria WALSH, Javier ZARZALEJOS

Motion for a resolution
Paragraph 18

18. Reminds the Commission and the Member States as well as the private sector, in particular online platforms, and civil society as a whole of the need for joint action when it comes to the fight against disinformation, and acknowledges the positive and necessary, yet still insufficient, impact of the voluntary actions taken by service providers and platforms to counter disinformation;

2020/07/07
Committee: LIBE

2020/2009(INI)

Magdalena ADAMOWICZ, Roberta METSOLA, Vladimír BILČÍK, Kris PEETERS, Ramona STRUGARIU, Javier ZARZALEJOS, Maria WALSH

Motion for a resolution
Paragraph 18 a (new)

18a. Calls on the Commission and Member States to improve media literacy through support for educational initiatives aimed at both students and professional educators, as well as through targeted awareness-raising campaigns within civil society, highlights that media literacy is an increasingly essential and critical skill for the modern citizen and consumer and recalls its fundamental role as one of the primary solutions to growing disinformation- and hate speech-related issues;

2020/07/07
Committee: LIBE

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Recital 8

(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the ~~existence of a significant number of users in one or more Member States, or the~~ targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States ~~can~~should be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union cannot, on that ground alone, be considered as establishing a substantial connection to the Union. _________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1).

2021/07/20
Committee: JURI

2020/0361(COD)

Axel VOSS, Andrzej HALICKI, Michael GAHLER, Sabine VERHEYEN, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Daniel BUDA

Proposal for a regulation
Recital 11

(11) It should be clarified that this Regulation is without prejudice to the rules of Union law on copyright and related rights, which establish specific rules and procedures that should remain unaffected and are lex specialis, prevailing over this Regulation.

2021/07/20
Committee: JURI

2020/0361(COD)

Axel VOSS, Andrzej HALICKI, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Recital 12

(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant, dangerous or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.

2021/07/20
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Recital 13

(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks or online marketplaces, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of ~~another~~the principal service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher.

2021/07/20
Committee: JURI

2020/0361(COD)

Axel VOSS, Andrzej HALICKI, Michael GAHLER, Sabine VERHEYEN, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Daniel BUDA

Proposal for a regulation
Recital 18

(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and automatic processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. A provider of intermediary services plays an active role when assistance is given to the recipient of the service, notably for the optimizing and the promotion of the content offered. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider.

2021/07/20
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Daniel BUDA, Pascal ARIMONT

Proposal for a regulation
Recital 20

(20) AThe provider should not be able to benefit from exemptions from liability provided for in this Regulation where the main purpose is to engage in or facilitate illegal activities or where a provider of intermediary service~~s that~~ deliberately collaborates with a recipient of the services in order to undertake illegal activities and does not provide its service neutrally ~~and should therefore not be able to benefit from the exemptions from liability provided for in this Regulation~~.

2021/07/20
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Recital 23

(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online platforms that allow consumers to conclude distance contracts with traders on the platforms, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well- informed consumer.

2021/07/20
Committee: JURI

2020/0361(COD)

Axel VOSS, Michael GAHLER, Sabine VERHEYEN, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Daniel BUDA, Pascal ARIMONT

Proposal for a regulation
Recital 32

(32) The orders to provide information regulated by this Regulation concern the production of specific information about individual recipients of the intermediary service concerned who are identified in those orders for the purposes of determining compliance by the recipients of the services with applicable Union or national rules. Th~~erefore, o~~is information, which should include the relevant email addresses, telephone numbers, IP addresses and other contact details necessary to ensure such compliance, should be available in respect of all types orders. Orders about information on a group of recipients of the service who are not specifically identified, including orders to provide aggregate information required for statistical purposes or evidence-based policy-making, should remain unaffected by the rules of this Regulation on the provision of information.

2021/07/20
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Daniel BUDA

Proposal for a regulation
Recital 40

(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation.deleted

2021/07/20
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Recital 41

(41) The rules on such notice and action mechanisms should be harmonised at Union level, so as to provide for the timely, diligent and objective processing of notices on the basis of rules that are uniform, transparent and clear and that provide for robust safeguards to protect the right and legitimate interests of all affected parties, in particular their fundamental rights guaranteed by the Charter, irrespective of the Member State in which those parties are established or reside and of the field of law at issue. The fundamental rights include, as the case may be, the right to freedom of expression and information, the right to respect for private and family life, the right to protection of personal data, the right to non-discrimination and the right to an effective remedy of the recipients of the service; the freedom to conduct a business, including the freedom of contract, of service providers; as well as the right to human dignity, the rights of the child, the right to protection of property, including intellectual property, and the right to non-discrimination of parties affected by illegal content.deleted

2021/07/20
Committee: JURI

2020/0361(COD)

Axel VOSS, Michael GAHLER, Sabine VERHEYEN, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Recital 42

(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, ~~for instance following receipt of a notice or acting on its own initiative,~~ including through the use of automated means, that provider should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress.

2021/07/20
Committee: JURI

2020/0361(COD)

Axel VOSS, Michael GAHLER, Sabine VERHEYEN, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Daniel BUDA

Proposal for a regulation
Recital 43 a (new)

(43 a) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide, based on its own assessment, whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation.

2021/07/20
Committee: JURI

2020/0361(COD)

Axel VOSS, Michael GAHLER, Sabine VERHEYEN, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Daniel BUDA

Proposal for a regulation
Recital 43 b (new)

(43 b) The rules on such notice and action mechanisms should be harmonised at Union level, so as to provide for the timely, diligent and objective processing of notices on the basis of rules that are uniform, transparent and clear and that provide for robust safeguards to protect the right and legitimate interests of all affected parties, in particular their fundamental rights guaranteed by the Charter, irrespective of the Member State in which those parties are established or reside and of the field of law at issue. The fundamental rights include, as the case may be, the right to freedom of expression and information, the right to respect for private and family life, the right to protection of personal data, the right to non-discrimination and the right to an effective remedy of the recipients of the service; the freedom to conduct a business, including the freedom of contract, of service providers; as well as the right to human dignity, the rights of the child, the right to protection of property, including intellectual property, and the right to non-discrimination of parties affected by illegal content.

2021/07/20
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Recital 52

(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. ~~However,~~Online advertising is a significant source of financing for many digital business models and an effective tool to reach new costumers, not least for small- and medium sized companies. However, there are some instances when online advertisement can contribute to ~~significant~~ risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. ~~In addition to~~Based on the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should ~~therefore~~ be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision-making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.

2021/07/20
Committee: JURI

2020/0361(COD)

Axel VOSS, Andrzej HALICKI, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Pascal ARIMONT

Proposal for a regulation
Recital 58

(58) Very large online platforms should deploy the necessary and proportionate means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision- making processes, or adapting their terms and conditions. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.

2021/07/20
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Recital 62

(62) A core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. This is done, for example, by algorithmically suggesting, ranking and prioritising information, distinguishing through text or other visual representations, or otherwise curating information provided by recipients. Such recommender systems can have a ~~significant~~n impact on the ability of recipients to retrieve and interact with information online. They also play an important role in the amplification of certain messages, the viral dissemination of information and the stimulation of online behaviour. Consequently, very large online platforms should ensure that recipients are appropriately informed, and can influence the information presented to them. They should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. They should also ensure that the recipients enjoy alternative options for the main parameters, including options that are not based on profiling of the recipient.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Recital 63

(63) Advertising systems used by very large online platforms could pose particular risks and require further public and regulatory supervision ~~on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface~~. Very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online, for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health, public security, civil discourse, political participation and equality. Repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement~~, in particular where targeted advertising is concerned~~.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Recital 64

(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for providing information or compelling access to data from very large online platforms to vetted researchers~~. All requirements f~~ where relevant to a research project. All requests for providing information or access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Recital 69

(69) The rules on codes of conduct under this Regulation could serve as a basis for already established self-regulatory efforts at Union level, including the Product Safety Pledge, the Memorandum of Understanding against counterfeit goods, the Code of Conduct against illegal hate speech as well as the Code of practice on disinformation. In particular for the latter, the Commission will issue guidance for strengthening the Code of practice on disinformation as announced in the European Democracy Action Plan.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Daniel BUDA

Proposal for a regulation
Recital 70

(70) The provision of online advertising generally involves several actors, including intermediary services that connect publishers of advertising with advertisers. Codes of conducts should support and complement the transparency obligations relating to advertisement for online platforms and very large online platforms set out in this Regulation in order to provide for flexible and effective mechanisms to facilitate and enhance the compliance with those obligations, ~~notably as concerns the modalities of the transmission of the relevant information~~. The involvement of a wide range of stakeholders should ensure that those codes of conduct are widely supported, technically sound, effective and offer the highest levels of user-friendliness to ensure that the transparency obligations achieve their objectives.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Daniel BUDA

Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 1

— a significant number of users in relation to their population in one or more Member States; or

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Article 2 – paragraph 1 – point h

(h) ‘online platform’ means a provider of a hosting service which, at the request of a recipient of the service, stores and disseminates to the public information, unless that activity is a minor and purely ancillary feature of ~~another~~the principal service and, for objective and technical reasons cannot be used without that ~~other~~principal service, and the integration of the feature into the other service is not a means to circumvent the applicability of this Regulation.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Andrzej HALICKI, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Daniel BUDA, Pascal ARIMONT

Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)

(h a) ‘editorial platform’ means an intermediary service which is in connection with a press publication within the meaning of Article 2(4) of Directive (EU) 2019/790 or another editorial media service and which allows users to discuss topics generally covered by the relevant media or to comment editorial content and which is under the supervision of the editorial team of the publication or other editorial media.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Michael GAHLER, Sabine VERHEYEN, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Daniel BUDA, Pascal ARIMONT

Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)

(i a) 'live streaming platform services' means an information society service which main or one the main purposes is to give the public access to live broadcasted audio or video material and which it organises and promotes for profit-making purposes;

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Andrzej HALICKI, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Article 2 – paragraph 1 – point o

(o) ‘recommender system’ means a fully or partially automated system, used by an very large online platform to suggest in its online interface specific information to recipients of the service, including as a result of a search initiated by the recipient or otherwise determining the relative order or prominence of information displayed;

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Article 5 – paragraph 1 – point b

(b) upon obtaining such knowledge or awareness, acts ~~expeditiously~~according within the deadlines of Article 5Ia new when it comes to remov~~e or to~~ing or disableing access to the illegal content.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Antonius MANDERS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Daniel BUDA, Pascal ARIMONT

Proposal for a regulation
Article 5 – paragraph 1 a (new)

1 a. Without prejudice to specific deadlines, set out in Union law or within administrative or legal orders, providers of hosting services shall, upon obtaining actual knowledge or awareness, remove or disable access to illegal content as soon as possible and in any event: (a) within 30 minutes where the illegal content pertains to the broadcast of a live sports or entertainment event; (b) within 24 hours where the illegal content can seriously harm public policy, public security or public health or seriously harm consumers’ health or safety; (c) within seven days in all other cases where the illegal content does not seriously harm public policy, public security, public health or consumers’ health or safety; Where the provider of hosting services cannot comply with the obligation in paragraph 1a on grounds of force majeure or for objectively justifiable technical or operational reasons, it shall, without undue delay, inform the competent authority.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Pascal ARIMONT

Proposal for a regulation
Article 5 – paragraph 2 a (new)

2 a. Paragraph 1 shall not apply when the main purpose of the information society service is to engage in or facilitate illegal activities or when the provider of the information society service deliberately collaborates with a recipient of the services in order to undertake illegal activities.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Article 5 – paragraph 3

3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders on the platform, where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Michael GAHLER, Sabine VERHEYEN, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE

Proposal for a regulation
Article 5 a (new)

Article 5 a The exemptions from liability established in Articles 3, 4 and 5 shall not apply where the information society service plays an active role of such a kind as to give it knowledge of, or control over the information provided by the recipient of the service.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Michael GAHLER, Sabine VERHEYEN, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Article 9 – paragraph 2 – point b

(b) the order only requires the provider to provide information already collected for the purposes of providing the service and which lies within its control, including email addresses, telephone numbers, IP addresses and other contact details necessary to determine the compliance referred to in (a);

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Antonius MANDERS, Andrzej HALICKI, Michael GAHLER, Sabine VERHEYEN, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Daniel BUDA, Pascal ARIMONT

Proposal for a regulation
Article 11 – paragraph 1

1. Providers of intermediary services which do not have an establishment in the Union but which offer services in the Union shall designate, in writing, a legal or natural person as their legal representative in one of the Member States where the provider offers its services. The Member States may require very large online platforms to designate a legal representative in their Member State.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Andrzej HALICKI, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Article 11 – paragraph 2

2. Providers of intermediary services shall mandate their legal representatives to be addressed in addition to or instead of the provider by the Member States’ authorities, the Commission and the Board on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to this Regulation. Providers of intermediary services shall provide their legal representative with the necessary powers and resource to guarantee the proper and timely cooperateion with the Member States’ authorities, the Commission and the Board and comply with those decisions.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Andrzej HALICKI, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Daniel BUDA

Proposal for a regulation
Article 11 a (new)

Article 11 a Exclusions Articles 12 and 13 of Section 1,and the provisions of Section 2, and Section 3 of Chapter III shall not apply to: (a) editorial platforms within the meaning of Article 2(h a) of this Regulation; (b) online platforms that qualify as micro and medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC. (c) an intermediary service, except very large online platforms, where it would constitute a disproportionate burden in view of its size, the nature of its activity and the risk posed to users.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Pascal ARIMONT

Proposal for a regulation
Article 12 – paragraph 1

1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions, which have to respect European and national law. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Andrzej HALICKI, Michael GAHLER, Sabine VERHEYEN, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Article 12 – paragraph 2 a (new)

2a. Where very large online platforms within the meaning of Article 25 of this Regulation otherwise allow for the dissemination to the public of press publications within the meaning of Article 2(4) of Directive (EU) 2019/790, such platforms shall not remove, disable access to, suspend or otherwise interfere with such content or the related service or suspend or terminate the related account on the basis of the alleged incompatibility of such content with its terms and conditions, unless it is illegal content

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Article 13 – paragraph 1 – point a

(a) the number of orders received from Member States’ authorities, categorised, where possible, by the type of illegal content concerned, including orders issued in accordance with Articles 8 and 9~~, and the average time needed for taking the action specified in those orders;~~.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Article 13 – paragraph 1 – point b

(b) the number of notices submitted in accordance with Article 14, categorised by the type of alleged illegal content concerned, any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider~~, and the average time needed for taking the action~~;

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Article 13 – paragraph 1 – point d

(d) the number of complaints received through the internal complaint-handling system referred to in Article 17, where identifiable, the basis for those complaints, decisions taken in respect of those complaints, the average time needed for taking those decisions and the number of instances where those decisions were reversed.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Daniel BUDA

Proposal for a regulation
Article 13 – paragraph 2

2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC. In addition, paragraph 1 shall not apply to enterprises that previously qualified for the status of a small or microenterprise within the meaning of the Annex to Recommendation2003/361/EC during the twelve months following their loss of that status.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Article 14

~~[...]~~deleted

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Andrzej HALICKI, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Daniel BUDA

Proposal for a regulation
Article 15 – paragraph 4

4. P~~roviders of hosting~~aragraphs 2, 3 and 4 shall not apply to providers of intermediary services stha~~ll publish the decisions and the statements of reas~~t qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC. In additions, ~~referred to in paragraph 1 in a publicly accessible database managed by the Commission. That information shall not contain personal data~~those paragraphs shall not apply to enterprises that previously qualified for the status of a micro or small enterprise within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Michael GAHLER, Sabine VERHEYEN, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Daniel BUDA, Pascal ARIMONT

Proposal for a regulation
Article 16 a (new)

Article 16a Notice and action mechanism 1. Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user-friendly, and allow for the submission of notices exclusively by electronic means. 2. The mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices, on the basis of which a diligent economic operator can identify the illegality of the content in question. To that end, the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements: (a) an explanation of the reasons why the individual or entity considers the information in question to be illegal content; (b) to the extent possible a clear indication of the electronic location of that information, and, where necessary, additional information enabling the identification of the illegal content; (c) the name and an electronic mail address of the individual or entity submitting the notice, except in the case of information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; (d) a statement confirming the good faith belief of the individual or entity submitting the notice that the information and allegations contained therein are to the best of their knowledge accurate and complete. 3. Notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of Article 5 in respect of the specific item of information concerned. 4. Where the notice contains the name and an electronic mail address of the individual or entity that submitted it, the provider of hosting services shall promptly send a confirmation of receipt of the notice to that individual or entity. 5. The provider shall also, without undue delay, notify that individual or entity of its decision in respect of the information to which the notice relates, providing information on the redress possibilities in respect of that decision. 6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, within the timelines of Article 5 1a and in a diligent and objective manner. Where they use automated means for that processing or decision- making, they shall include information on such use in the notification referred to in paragraph 4.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Article 18 – paragraph 1 – introductory part

1. RAfter internal complaint handling mechanisms are exhausted, recipients of the service addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of- court dispute that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL

Proposal for a regulation
Article 19 – paragraph 1

1. Online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers through the mechanisms referred to in Article 14, are ~~processed and decided upon with priority and without delay~~immediately processed without prejudice to the implementation of a complaint and redress mechanism.

2021/07/19
Committee: JURI

2020/0361(COD)

Axel VOSS, Michael GAHLER, Sabine VERHEYEN, Esteban GONZÁLEZ PONS, Luisa REGIMENTI, Monika HOHLMEIER, Rainer WIELAND, Daniel CASPARY, Javier ZARZALEJOS, Sven SCHULZE, Christian DOLESCHAL, Pascal ARIMONT

Proposal for a regulation
Article 19 – paragraph 7 a (new)

7a. Online platforms shall, where possible, provide trusted flaggers with access to technical means that help them detect illegal content on a large scale.

2021/07/19
Committee: JURI

Javier ZARZALEJOS

Motion for a resolution
Citation 40 a (new)

– having regard to the ECtHR judgment of 13 February 2020 in the case of N.D. and N.T. v Spain (Nos 8675/15 and 8697/15), which establishes that migrants who enter a country illegally place themselves in an illegal situation and are thereby not covered by legal guarantees,

2020/02/28
Committee: LIBE

2019/2199(INI)

Karlo RESSLER, Javier ZARZALEJOS, Balázs HIDVÉGHI

Motion for a resolution
Citation 45 a (new)

– having regard to its resolution of 12 December 2018 on findings and recommendations of the Special Committee on Terrorism1a, __________________ 1a Texts adopted, P8_TA(2018)0512

2020/02/28
Committee: LIBE

2019/2199(INI)

Karlo RESSLER, Javier ZARZALEJOS

Motion for a resolution
Citation 46 b (new)

– having regard to the Universal Declaration of Human Rights;

2020/02/28
Committee: LIBE

2019/2199(INI)

Karlo RESSLER, Javier ZARZALEJOS, Balázs HIDVÉGHI

Motion for a resolution
Recital C

C. whereas on 1 October 2019, the Council of Europe’s Committee on Legal Affairs and Human Rights approved an investigation into the growing number of national, regional and local politicians prosecuted for statements made in the exercise of their mandate in Spain22 ; __________________ 22Introductory memorandum of the Committee on Legal Affairs and Human Rights of the Council of Europe, Should politicians be prosecuted for statements made in the exercise of their mandate?, 1 October 2019, AS/Jur (2019) 35.deleted

2020/02/28
Committee: LIBE

2019/2199(INI)

Karlo RESSLER, Javier ZARZALEJOS, Balázs HIDVÉGHI

Motion for a resolution
Recital D

D. whereas many instances of disproportionate use of force against peaceful demonstrators continue to be reported across the EU, including the beating of demonstrators; whereas law enforcement authorities in some Member States such as Romania23 , Spain and France24 are increasingly using less lethal weapons, such as batons, tear gas, hand- held sting grenades, electroshock weapons, water cannons and rubber bullets to control or disperse crowds of demonstrators; whereas the number of persons seriously wounded in demonstrations in recent years as a result of the use of rubber bullets is particularly striking; __________________ 23European Parliament resolution of 13 November 2018 on the rule of law in Romania (Texts adopted, P8_TA(2018)0446) 24 Commissioner for Human Rights of the Council of Europe, Shrinking space for freedom of peaceful assembly, Council of Europe, Strasbourg, 2019; Commissioner for Human Rights of the Council of Europe, Memorandum on maintaining public order and freedom of assembly in the context of the ‘yellow vest’ movement in France, Council of Europe, Strasbourg, 2019; Commissioner for Human Rights of the Council of Europe, Protection of the rights to freedom of expression and peaceful assembly during last week’s demonstrations in Catalonia, Council of Europe, Strasbourg, 2019

2020/02/28
Committee: LIBE

2019/2199(INI)

Javier ZARZALEJOS

Motion for a resolution
Recital F

F. whereas pushbacks constitute a violation of EU and international law and prevent migrants from benefiting from the legal guarantees firmly laid down in such law; whereas the Council of Europe Commissioner for Human Rights expressed grave concern about consistent reports of violent pushbacks by Croatian law enforcement officials25 ; whereas the Council of Europe Commissioner for Human Rights also expressed concerns regarding the practice of ‘summary returns’ in the enclaves of Ceuta and Melilla in relation to the ECtHR cases N.D. v Spain and N.T. v Spain26 ; __________________ 25 Letter from the Commissioner for Human Rights of the Council of Europe to the Prime Minister of Croatia of 20 September 2018; Commissioner for Human Rights of the Council of Europe, Bosnia and Herzegovina must immediately close the Vučjak camp and take concrete measures to improve the treatment of migrants in the country, Council of Europe, Strasbourg, 2019 26Third party intervention by the Council of Europe Commissioner for Human Rights of 22 March 2018, N.D. v Spain and N.T. v Spain, CommDH(2018)11.deleted

2020/02/28
Committee: LIBE

2019/2199(INI)

Karlo RESSLER, Javier ZARZALEJOS

Motion for a resolution
Recital F b (new)

Fb. whereas acts of terrorism constitute one of the most serious violations of fundamental rights and freedoms; whereas during 2018 and 2019, acts of glorification of terrorism and homages to the terrorists took place within the European Union; whereas this kind of acts legitimizes terrorism, threatens our democracy and humiliates the victims;

2020/02/28
Committee: LIBE

2019/2199(INI)

Karlo RESSLER, Javier ZARZALEJOS, Balázs HIDVÉGHI

Motion for a resolution
Paragraph 11 a (new)

11a. Welcomes initiatives and actions which aim at strengthening security cooperation between Member States and to set out an effective EU response to terrorism and security threats in the European Union; urges the Member States to fully cooperate with each other, and to improve the exchange of information among each other and with EU Justice and Home Affairs agencies; highlights the importance of respecting fundamental rights in the fight against terrorism; stresses the importance that oversight mechanisms in the field of intelligence services should be in line with the Charter and the ECHR; calls on the institutions concerned to provide safeguards to prevent any subsequent victimisation derived from humiliation and attacks on the image of the victims coming from social sectors related to the attacker;

2020/02/28
Committee: LIBE

2019/2199(INI)

Javier ZARZALEJOS

Motion for a resolution
Paragraph 13

13. Expresses grave concern about consistent reports of violent pushbacks by law enforcement officials in several Member States; calls on the Commission and the Member States to investigate the matter and take effective measures to ensure that such policies and practices are scrapped, including by putting on hold funds for border surveillance and ensuring the independent monitoring of border control activities by national ombudsmen and NGOs;deleted

2020/02/28
Committee: LIBE

2019/2199(INI)

Javier ZARZALEJOS

Motion for a resolution
Paragraph 13 a (new)

13a. Emphasises the importance of rigorous management of the EU's external borders. Stresses the need to address humanitarian issues affecting border control. Underlines that EU and national policies on migration must comply fully with the 1951 UN Convention Relating to the Status of Refugees and its additional protocol.

2020/02/28
Committee: LIBE

2019/2172(INI)

Francisco José MILLÁN MON, Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO

Motion for a resolution
Citation 1

— having regard to the Stabilisation and Association Agreement (SAA) between the European Union and the European Atomic Energy Community, of the one part, and Kosovo*, of the other part, which entered into force on 1 April 2016, *This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence1a. __________________ 1a This mention should be included in the title and applied throughout the entire document.

2020/12/15
Committee: AFET

2019/2172(INI)

Francisco José MILLÁN MON, Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO

Motion for a resolution
Citation 4

— having regard to UN Security Council Resolution 1244 of 10 June 1999, to the International Court of Justice (ICJ) Advisory Opinion of 22 July 2010 on the accordance with international law of the unilateral declaration of independence in respect of Kosovo, and to UN General Assembly Resolution 64/298 of 9 September 2010, ~~which acknowledged the content of the ICJ opinion and welcomed the EU’s readiness to facilitate dialogue between Serbia and Kosovo,~~

2020/12/15
Committee: AFET

2019/2172(INI)

Francisco José MILLÁN MON, Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO

Motion for a resolution
Citation 17

— having regard to its previous resolutions on ~~the country~~Kosovo,

2020/12/15
Committee: AFET

2019/2172(INI)

Francisco José MILLÁN MON, Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO

Motion for a resolution
Recital A

~~A. whereas each enlargement country is judged individually on its own merits, and it is the speed and quality of reforms that determine the timetable for EU accession;~~deleted

2020/12/15
Committee: AFET

2019/2172(INI)

Francisco José MILLÁN MON, Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO

Motion for a resolution
Recital D

D. whereas Kosovo remains the only country in the Western Balkans whose citizens need a visa to travel to the Schengen Area although all benchmarks for visa liberalisation have been fulfilled since 2018;deleted

2020/12/15
Committee: AFET

2019/2172(INI)

Francisco José MILLÁN MON, Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO

Motion for a resolution
Paragraph 1

1. Welcomes Kosovo’s continued commitment to advancing on its European path, as well as the strong support for European integration among Kosovo’s population, without prejudice to Member States' position on status;

2020/12/15
Committee: AFET

2019/2172(INI)

Francisco José MILLÁN MON, Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO

Motion for a resolution
Paragraph 3

3. Expresses concern about the dissolution of the Ministry of the EU Integration, and calls on the Government of Kosovo to ensure that the new structure is granted the level of competence and responsibilities appropriate to ensuring proper coordination of the integration process;deleted

2020/12/15
Committee: AFET

2019/2172(INI)

Francisco José MILLÁN MON, Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO

Motion for a resolution
Paragraph 5

5. Welcomes the Commission’s statement of 26 August 2020 confirming its assessment of Kosovo’s ability to benefit from the visa liberalisation regime, and calls on the Council to urgently proceed with the adoption of a visa-free regime for the citizens of Kosovo;deleted

2020/12/15
Committee: AFET

2019/2172(INI)

Francisco José MILLÁN MON, Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO

Motion for a resolution
Paragraph 25

25. ~~Stresses that normalisation of relations between Serbia and Kosovo is a priority and a precondition for EU accession~~Reiterates its support for the Belgrade-Pristina Dialogue; calls for active and constructive engagement in the EU-facilitated dialogue led by the EU Special Representative, seeking a comprehensive and legally binding agreement in accordance with international law; reiterates its call to move forward with the full implementation, in good faith and in a timely manner, of all the agreements already reached;

2020/12/15
Committee: AFET

2019/2172(INI)

Francisco José MILLÁN MON, Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO

Motion for a resolution
Paragraph 26

26. ~~Notes~~Is aware of the fact that five Member States have not ~~yet~~ recognised Kosovo~~, and reiterates its call for them to do so; stresses that recognition would be beneficial to the normalisation of relations between Kosovo and Serbia~~; takes note of the decision of those five Member States concerning the approval of the SAA in the Council;

2020/12/15
Committee: AFET

2019/2172(INI)

Francisco José MILLÁN MON, Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Gabriel MATO

Motion for a resolution
Paragraph 30

30. Notes that strong political support, effective implementation and close monitoring are required to fight Kosovo’s large informal economy, which constitutes a serious barrier to the development of its private sector, and affects the capacity ~~of the state~~ to provide good quality public services;

2020/12/15
Committee: AFET

2019/2171(INI)

Željana ZOVKO, Lukas MANDL, Andrea BOCSKOR, Kinga GÁL, Karlo RESSLER, Sunčana GLAVAK, Tomislav SOKOL, Javier ZARZALEJOS, Milan ZVER, Jeroen LENAERS

Motion for a resolution
Citation 9 a (new)

- having regard to the Council conclusions on enhancing cooperation with Western Balkans partners in the field of migration and security of 5 June 2020,

2021/02/15
Committee: AFET

2019/2171(INI)

Željana ZOVKO, Lukas MANDL, Karlo RESSLER, Sunčana GLAVAK, Tomislav SOKOL, Javier ZARZALEJOS, Milan ZVER, Jeroen LENAERS, Andrey KOVATCHEV

Motion for a resolution
Recital G

G. whereas BiH is a migrant transit route, and ~~reception capacities remain insufficient for hosting~~integrated border management as well as reception capacities for migrants and asylum seekers present in the country remain insufficient;

2021/02/15
Committee: AFET

2019/2171(INI)

Željana ZOVKO, Lukas MANDL, Andrea BOCSKOR, Kinga GÁL, Karlo RESSLER, Sunčana GLAVAK, Tomislav SOKOL, Javier ZARZALEJOS, Milan ZVER

Motion for a resolution
Paragraph 19

19. Notes the increased migratory pressure on the country; calls for effective inter-institutional coordination of migration and border management in the face of a mounting humanitarian crisis; calls for e~~qui~~stabl~~e burden-sharing and adequate support for local communities hosting temporary reception centres; underlines the need to~~ishing of reception capacities away from the EU external border, preferably at the entry points of migrants to the country; underlines the need for the European Commission, EU agencies and international organisations to provide assistance to BiH in ensureing appropriate reception conditions ~~and to boos~~in boosting the relevant capacityies for processing incoming migrants and asylum~~- seeker~~ claims and , where applicable, conducting return procedures; urges BiH to conclude an agreement with the European Asylum Support Office (EASO); calls on the EU to step up its support to BiH’s authorities, namely with regard to operational assistance;

2021/02/15
Committee: AFET

2019/2171(INI)

Željana ZOVKO, Lukas MANDL, Andrea BOCSKOR, Kinga GÁL, Karlo RESSLER, Sunčana GLAVAK, Tomislav SOKOL, Javier ZARZALEJOS, Milan ZVER, Jeroen LENAERS

Motion for a resolution
Paragraph 20

20. Urges BiH to step up its efforts against cross-border crime, especially human trafficking, and to ensure swift conclusion of the status agreement with the European Border and Coast Guard Agency (Frontex) that would facilitate better protection of borders in full respect for fundamental rights, while helping fight cross-border crimecooperation with neighbouring countries and relevant EU agencies (Europol, Eurojust, Frontex) against cross-border crime, especially human trafficking¸ migrant smuggling networks, firearms and drug trafficking;

2021/02/15
Committee: AFET

2019/2125(INI)

Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Francisco José MILLÁN MON, Peter van DALEN

Motion for a resolution
Citation 5

– having regard to Article 17 and Article 207 of the Treaty on the Functioning of the European Union (TFEU),

2019/10/28
Committee: AFET

2019/2125(INI)

Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Francisco José MILLÁN MON, Peter van DALEN

Motion for a resolution
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 or belief outside the EU,

2019/10/28
Committee: AFET

2019/2125(INI)

Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Francisco José MILLÁN MON, Peter van DALEN

Motion for a resolution
Paragraph 3

3. Highlights the scourge of armed conflicts, which continues to claim civilian lives and causes mass displacement, with states and non-state actors seemingly abdicating their responsibility to abide by international humanitarian law and international human rights law; stresses that regions at war or in conflict situations face grave human rights violations, exceptional in nature and aimed at denying human dignity, which are both devastating for victims and degrading for perpetrators; highlights, as an example, the use of sexual violence as a weapon of war to destroy, destabilise, and demoralise individuals, families, communities and societies and the specific vulnerability of women from ethnic and religious minorities to such violence, especially converts;

2019/10/28
Committee: AFET

2019/2125(INI)

Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Francisco José MILLÁN MON, Peter van DALEN

Motion for a resolution
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, defenders of religious and thought minorities, 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;

2019/10/28
Committee: AFET

2019/2125(INI)

Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Francisco José MILLÁN MON, Peter van DALEN

Motion for a resolution
Paragraph 10

10. Notes that the number of persons forcibly displaced in 2018 exceeded 70 million, of whom 26 million were refugees3 ; takes the view that wars, conflicts, political oppression, persecution based on religion or belief, poverty and food insecurity, uneven economic development conditions and the adverse effects of climate change on the world’s poorest countries in particular, fuel the risks of triggering new conflicts and the further displacement of populations; __________________ 3UNHCR – Global Trends 2018 report (19 June 2019).

2019/10/28
Committee: AFET

2019/2125(INI)

Javier ZARZALEJOS, Antonio LÓPEZ-ISTÚRIZ WHITE, Francisco José MILLÁN MON, Peter van DALEN

Motion for a resolution
Paragraph 15 a (new)

15a. Strongly supports the work and efforts of the Special Envoy on FoRB outside the EU, in protecting and promoting human rights around the world; urges the confirmation of her/his mandate by the Commission and that her/his work be adequately resourced to enhance the Union’s effectiveness in this area;

2019/10/28
Committee: AFET

2019/2028(BUD)

Tomáš ZDECHOVSKÝ, Roberta METSOLA, Monika HOHLMEIER, Karoline EDTSTADLER, Javier ZARZALEJOS

Draft opinion
Paragraph 6

6. Regrets that the Commission did not follow the budgetary request of Europol and proposed to underfund the Agency by more than 330 million euros in 2020 and decrease the number of temporary agents by 52; rejects the Commission’s proposal of substantial reduction of contract agents at Europol, which will jeopardise the operational activities of the Agency; notes that the decrease of the eu-LISA commitment appropriations by 18,7 % (-55 million euros) corresponds to the end of the development of the Entry Exit System; reiterates the need to ensure adequate financial support for JHA Agencies to deliver the tasks assigned to them in full transparency and to fight against cross- border serious crime in full compliance with fundamental rights;

2066/01/18
Committee: LIBE

2019/2028(BUD)

Tomáš ZDECHOVSKÝ, Roberta METSOLA, Monika HOHLMEIER, Karoline EDTSTADLER, Javier ZARZALEJOS

Draft opinion
Paragraph 6 a (new)

6 a. Notes that, despite the fact that the internal security threats remain high, the Union’s substantial investments in the protection of its external borders has not been matched with increased funding of the Union’s internal security mechanisms, such as Europol, and stresses the importance of robust Union investments in the area of internal security with a view to enhancing Union law enforcement cooperation and promoting information exchange among Member States;

2066/01/18
Committee: LIBE

2019/2028(BUD)

Tomáš ZDECHOVSKÝ, Roberta METSOLA, Monika HOHLMEIER, Karoline EDTSTADLER, Javier ZARZALEJOS

Draft opinion
Paragraph 6 b (new)

6 b. Acknowledges Europol´s increasing role in combating terrorism and organised crime, as well as in strengthening cross-border cooperation in the field of law enforcement;

2066/01/18
Committee: LIBE

2019/2028(BUD)

Tomáš ZDECHOVSKÝ, Roberta METSOLA, Monika HOHLMEIER, Karoline EDTSTADLER, Javier ZARZALEJOS

Draft opinion
Paragraph 6 c (new)

6 c. Supports the implementation of Europol’s Strategy 2020+, aiming at strengthening Europol’s operational support and analytical capabilities to the benefit of the Member States and proposes new investments in important crime areas, such as the fight against drug trafficking and financial crime;

2066/01/18
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Tomas TOBÉ, Javier ZARZALEJOS, Kris PEETERS, Isabel WISELER-LIMA

Motion for a resolution
Paragraph 1 – indent 3 a (new)

- the functioning of a free and independent media;

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Tomas TOBÉ, Javier ZARZALEJOS, Kris PEETERS, Isabel WISELER-LIMA

Motion for a resolution
Paragraph 3

3. Expresses its deep concern that, despite three hearings of Poland having been held in the Council, multiple exchanges of views in the Civil Liberties, Justice and Home Affairs Committee of the European Parliament, alarming reports by the United Nations, the Organisation for Security and Cooperation in Europe (OSCE) and the Council of Europe, and four infringements procedures launched by the Commission, the rule of law situation in Poland has not only not been addressed but has seriously deteriorated since the triggering of Article 7(1) TEU;

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Javier ZARZALEJOS

Motion for a resolution
Paragraph 10

10. Denounces that, during the COVID-19 outbreak, but not linked with the COVID-19 outbreak, legislation is being debated or even rushed through in Parliament in very sensitive areas such as ~~abortion,~~ sexual education, the organisation of elections or the term of office of the President, the latter even requiring a change to the Constitution; underlines that this could amount to abuse of the fact that citizens cannot organise or protest publicly, which would seriously undermine the legitimacy of the legislation adopted;

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS, Isabel WISELER-LIMA

Motion for a resolution
Paragraph 11

11. Notes with concern that the OSCE concluded that media bias and intolerant rhetoric in the campaign for the October 2019 parliamentary elections were of significant concern20 and that, while all candidates were able to campaign freely, senior state officials used publicly funded events for campaign messaging; notes, furthermore, that the dominance of the ruling party in public media further amplified its advantage21 ; _________________ 20OSCE/ODIHR, Statement of Preliminary Findings and Conclusions after its Limited Election Observation Mission, 14 October 2019. 21OSCE/ODIHR, Limited Election Observation Mission Final Report on the parliamentary elections of 13 October 2019, Warsaw, 14 February 2020.

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS

Motion for a resolution
Paragraph 12

12. Is concerned that the new Chamber of Extraordinary Control and Public Matters of the Supreme Court (hereinafter the ‘Extraordinary Chamber’), which is composed in majority of judges nominated by the new National Council of the Judiciary (NCJ) and risks not to qualify as independent tribunal in the assessment of the CJEU, is to ascertain the validity of general ~~and local~~ elections and to examine electoral disputes; this raises serious concerns as regards the separation of powers and the functioning of Polish democracy, in that it makes judicial review of electoral disputes particularly vulnerable to political influence22 ; _________________ 22Venice Commission, Opinion of 8-9 December 2017, CDL-AD(2017)031, para. 43; Third Commission Recommendation (EU) 2017/1520 of 26 July 2017, para. 135.

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS, Kris PEETERS, Isabel WISELER-LIMA

Motion for a resolution
Paragraph 13 a (new)

13a. Notes that the Venice Commission provides clear guidelines on the holding of general elections during public emergencies including epidemics; is concerned that recent changes to the electoral law in Poland are not compatible with the Code of Good Practice in Electoral Matters; further notes that while the Code foresees the possibility of exceptional voting modalities, any amendments to introduce these may only be considered in accordance with best European practices ‘if the principle of free suffrage is guaranteed’; considers that this is not the case with regard to the amendments to the electoral framework for the presidential elections that are due to take place in 2020;24a _________________ 24aVenice Commission, CDL- PI(2020)005rev-e Report - Respect for Democracy Human Rights and Rule of Law during States of Emergency - Reflections, p. 23.

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS

Motion for a resolution
Paragraph 16

16. Recalls that, already in 2017, changes in the method of nomination of candidates to the position of the First President of the Supreme Court deprived the participation of the Supreme Court judges in the selection procedure of any meaningful effect and put the decision in the hands of the President of the Republic; denounces that recent amendments to the act on the Supreme Court even further reduce the participation of the judges in the process of selection of the First President of the Supreme Court by introducing a position of First President ad interim appointed by the President of the Republic and by reducing the quorum in the third round to 32 out of 1205 judges only, thereby effectively abandoning the model of power-sharing between the President and the judicial community enshrined in Article 183(3) of the Polish Constitution26 ; _________________ 26Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, CDL-PI(2020)002, paras 51-55. (The number of judges of the Supreme Court has been increased from 120 to 125 by virtue of the Ordinance of the President of the Republic of Poland of 3 June 2019, amending the relevant Regulation of the Supreme Court.)

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS, Kris PEETERS

Motion for a resolution
Paragraph 16 a (new)

16a. Notes that upon conclusion of the term in office of the First President of the Supreme Court in April 2020, the President of Poland nominated as subsequent Acting First President of the Supreme Court a judge whose independence and impartiality could be put into question; notes that the above- mentioned Acting President, as well as his successor, also nominated as Judge of the Supreme Court by the new NCJ, were responsible for organising the election of candidates for the next First President of the Supreme Court by the General Assembly of the Supreme Court;

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Tomas TOBÉ, Javier ZARZALEJOS, Isabel WISELER-LIMA

Motion for a resolution
Paragraph 16 b (new)

16b. Is deeply concerned that the process of electing the candidates did not conform to the rules of procedure of the Supreme Court and violated basic standards of deliberation among the members of the General Assembly; further states its concern about reports of attempts by the Acting Presidents to inhibit dialogue among the judges who participated in the election and about alleged attempts to manipulate the vote in the General Assembly;

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS, Kris PEETERS, Isabel WISELER-LIMA

Motion for a resolution
Paragraph 16 c (new)

16c. Notes with regret that doubts concerning the validity of the election process in the General Assembly as well as the impartiality and independence of the Acting Presidents during the election process could undermine the legitimacy of the new First President of the Supreme Court nominated by the President of Poland on 25 May 2020, and could thus put into question the independence of the Supreme Court;

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS, Kris PEETERS

Motion for a resolution
Paragraph 16 d (new)

16d. Regrets that on 25 May 2020, the President of Poland nominated the new First President of the Supreme Court, although the General Assembly of the Supreme Court had not yet officially submitted a list of candidates to the President, as required by Article 183 of the Polish Constitution, which further undermines the separation of powers and negatively affects the legitimacy of the new First President of the Supreme Court; recalls that a similar violation of law by the President of Poland occurred when nominating the President of the Constitutional Tribunal;

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS

Motion for a resolution
Paragraph 19

19. Recalls that, in 20178, two new chambers within the Supreme Court were created, namely the Disciplinary Chamber and the Extraordinary Chamber, which were staffed with newly appointed judges selected by the new NCJ and entrusted with special powers – including the power of the Extraordinary Chamber to quash final judgments taken by lower courts or by the Supreme Court itself by way of extraordinary review, and the power of the Disciplinary Chamber to discipline other (Supreme Court) judges, creating de facto a “Supreme Court within the Supreme Court”;30 _________________ 30OSCE-ODIHR, Opinion of 13 November 2017, p. 7-20; Venice Commission, Opinion of 8-9 December 2017, para. 43; Recommendation (EU) 2018/103, para. 25; GRECO, Addendum to the Fourth Round Evaluation Report on Poland (Rule 34) of 18-22 June 2018, para. 31; Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 8. (The new Act on Supreme Court was adopted in December 2017, however, from an organisational standpoint, both the new chambers were created and began to adjudicate at the end of 2018. The first nominations for judges in the newly- created chamber of the Supreme Court were delivered by President Duda on September 20th 2018 and October 10th 2018.)

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Tomas TOBÉ, Javier ZARZALEJOS, Kris PEETERS, Isabel WISELER-LIMA

Motion for a resolution
Subheading 11

The rules governing the organisation of the ordinary courts ~~and~~, the appointment of courts presidents and the retirement regime for judges of the ordinary courts

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS, Kris PEETERS

Motion for a resolution
Paragraph 27

27. Regrets that the Minister of Justice, who is, in the Polish system, also the Prosecutor General, obtained the power to appoint and dismiss court presidents of the lower courts at his discretion during a transitional period of six months, and that in 2017-2018 the Minister of Justice replaced over aone hundred and fifty court presidents and vice-presidents; notes that, after this period, removal of court presidents remained in the hands of the Minister of Justice, with virtually no effective checks attached to this power; notes, furthermore, that the Minister of Justice also obtained other “disciplinary” powers vis-à-vis court presidents, and presidents of higher courts, who in turn, now have large administrative powers vis- à-vis presidents of lower courts36 ; regrets this major setback for the rule of law and judicial independence in Poland37 ; _________________ 36Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 45. 37See also Council of Europe, Bureau of the Consultative Council of European Judges (CCJE-BU), CCJE- BU(2018)6REV, 18 June 2018. (The total number of Presidents and Vice- Presidents of the courts who have been expelled on the basis of the provisions cited is 158 - according to data officially provided by the Ministry of Justice upon the request by the Polish Judges’ Association ‘Iustitia’.)

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS, Kris PEETERS, Isabel WISELER-LIMA

Motion for a resolution
Paragraph 28 a (new)

28a. Recalls that the CJEU found in its judgement of 5 November 201938a that the provisions of the Polish law amending the law on the organisation of the ordinary courts, which lowered the retirement age of judges of the ordinary courts, whilst allowing the Minister of Justice to decide on the prolongation of their active service, and which set a different retirement age depending on their gender, are contrary to Union law; _________________ 38aJudgment of the Court of Justice of 5 November 2019, Commission v Poland, C- 192/18, ECLI:EU:C:2019:924.

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS, Kris PEETERS, Isabel WISELER-LIMA

Motion for a resolution
Paragraph 32 a (new)

32a. Recalls that the CJEU found in its judgement of 5 November 201943a that lowering the retirement age of public prosecutors is contrary to Union law because it establishes a different retirement age for men and women who are public prosecutors in Poland; _________________ 43aJudgment of the Court of Justice of 5 November 2019, Commission v Poland, C- 192/18 ECLI:EU:C:2019:924.

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Javier ZARZALEJOS

Motion for a resolution
Subheading 17

~~The right to information and freedom of expression, including academic freedom~~Freedom and pluralism of the media

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS, Kris PEETERS, Isabel WISELER-LIMA

Motion for a resolution
Paragraph 37

37. Is deeply concerned by the excessive use of libel cases by some politicians against journalists, including by sentencing with criminal fines and suspension from exercising the profession of journalist; fears for a chilling effect on the profession and independence of journalists and media46 ; calls on the Commission to propose an Anti-SLAPP (strategic lawsuit against public participation) Directive that will protect the media from vexatious lawsuits in the Union that are intended to silence, intimidate or bankrupt them; _________________ 46Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists, 2020 Annual Report, March 2020, p. 42.

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Tomas TOBÉ, Javier ZARZALEJOS, Kris PEETERS, Isabel WISELER-LIMA

Motion for a resolution
Paragraph 37 a (new)

37a. Is concerned about reported cases of detention of journalists for doing their job when reporting on anti-lockdown protests;

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS, Kris PEETERS

Motion for a resolution
Paragraph 37 b (new)

37b. Is concerned by the actions carried out by the Polish authorities in recent years, including a re-shaping of the public broadcaster into a pro-government broadcaster, hindering public media and their governing bodies of independent or dissenting voices and exercising control over the broadcasting content, the latest example involving the Polish public Radio Three (known as Troika), which was accused of censoring an anti-government song that topped the charts, with the internet links and news about the song disabled on the station’s website shortly after the chart show was broadcast; notes with regret that since 2015 Poland has fallen in the World Press Freedom Index from 18th to 62nd place; recalls that Article 11 of the EU Charter of Fundamental Rights states that the freedom and pluralism of the media shall be respected; recalls that Article 54 of the Polish Constitution guarantees freedom of expression and forbids censorship;

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS, Kris PEETERS, Isabel WISELER-LIMA

Motion for a resolution
Paragraph 40

40. Calls on the Polish authorities to modify the act of 15 September 2017 on the National Institute for Freedom - Centre for the Development of Civil Society49 , in order to ensure access to state funding for critical civil society groups at all levels, and a fair, impartial and transparent distribution of public funds to civil society, in a continually shrinking space for it to operate, and ensur~~ing~~e pluralistic representation; calls for the rapid adoption of the Rights and Values Programme with adequate funding for the Union values strand; _________________ 49OSCE/ODIHR, Opinion on the Draft Act of Poland on the National Freedom Institute - Centre for the Development of Civil Society, Warsaw, 22 August 2017.

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS, Kris PEETERS, Isabel WISELER-LIMA

Motion for a resolution
Paragraph 41 a (new)

41a. Is deeply concerned about the transmission of personal data from the Universal Electronic System for Registration of the Population (PESEL register) by the Ministry of Digital Affairs of Poland to the operator of the postal services on 22 April 2020, aimed at facilitating the organisation of the presidential election on 10 May 2020 via postal ballot, despite the lack of a proper legal basis, as the bill allowing for an all- postal election was not adopted by the Polish Parliament until 7 May 2020; notes furthermore that the PESEL register is not identical to the voters register and includes also personal data of citizens of other EU Member States, thus the above-mentioned transfer could constitute a potential breach of the Regulation (EU) 2016/679; recalls that the European Data Protection Board (EDPB) discussed this matter during its meeting on 5 May 2020 and underlined in its subsequent statement that public authorities may disclose information on individuals included in electoral lists, but only when this is specifically authorised by Member State law;

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS

Motion for a resolution
Paragraph 42

42. Reiterates its deep concern expressed in its resolution of 14 November 2019, also shared by the Council of Europe Commissioner for Human Rights51 , over the original text of the draft law amending Article 200b of the Polish Penal Code, submitted to the Sejm by the ‘Stop Paedophilia’ initiative, for its extremely vague, broad and disproportionate provisions, which de facto seeks to criminalise the dissemination of sexual education to minors and whose scope potentially threatens all persons, in particular parents, teachers and sex educators, with up to three years in prison for teaching about human sexuality, health and intimate relations; stresses the importance of health and sexual education; _________________ 51Council of Europe Commissioner for Human Rights, Statement of 14 April 2020.

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Vladimír BILČÍK, Javier ZARZALEJOS

Motion for a resolution
Subheading 22

~~Sexual and reproductive health and rights~~deleted

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Javier ZARZALEJOS

Motion for a resolution
Paragraph 43

43. Recalls that Parliament has strongly criticised, already in its resolutions of 14 September 2016 and 15 November 2017, any legislative proposal that would prohibit abortion in cases of severe or fatal foetal impairment, emphasizing that universal access to healthcare, including sexual and reproductive healthcare and the associated rights, is a fundamental human right52 ; _________________ 52See as well Statement of 22 March 2018 by UN Experts advising the UN Working Group on discrimination against women, and Statement of 14 April 2020 by the Council of Europe Commissioner for Human Rights.deleted

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Javier ZARZALEJOS

Motion for a resolution
Paragraph 44

44. Recalls that previous attempts to further limit the right to abortion, which in Poland is already among the most restricted in the Union, were halted in 2016 and 2018 as a result of mass opposition from Polish citizens as expressed in the ‘Black Marches’; calls for the law limiting women’s and girls’ access to the emergency contraceptive pill to be repealed;deleted

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS, Isabel WISELER-LIMA

Motion for a resolution
Paragraph 45

45. Reiterates its call on the Polish government to take appropriate action on and strongly condemn any ~~xenophobic and fascist~~ hate crime or hate speech53 ; _________________ 53EP Resolution of 15 November 2017, para. 18; PACE, Resolution 2316 (2020) of 28 January 2020 on the functioning of democratic institutions in Poland, para. 14; UN Human Rights Committee (HRC), Concluding observations on the seventh periodic report of Poland, 23 November 2016, CCPR/C/POL/CO/7, paras 15-18.

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS, Isabel WISELER-LIMA

Motion for a resolution
Paragraph 46

46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’, and recall~~ed on the Commission to strongly condemn such public discrimin~~s the condemnation of such actions by the Commission as well as international organisations;

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS, Kris PEETERS, Isabel WISELER-LIMA

Motion for a resolution
Paragraph 48

48. Calls on the Polish government to comply with all provisions relating to the rule of law and fundamental rights enshrined in the Treaties, the Charter of Fundamental Rights, the ECHR and international human rights standards, and to engage directly in dialogue with the Commission; stresses that such a dialogue needs to be conducted in an impartial, evidence-based and cooperative manner while also respecting the competences of the Union and its Member States as enshrined in the Treaties, and the principle of subsidiarity; calls on the Polish government to cooperate with the Commission pursuant to the principle of sincere cooperation as set out in the Treaty; calls on the Polish government to swiftly implement the rulings of the CJEU and to respect the primacy of Union law;

2020/05/29
Committee: LIBE

2017/0360R(NLE)

Roberta METSOLA, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK, Javier ZARZALEJOS, Kris PEETERS

Motion for a resolution
Paragraph 50

50. Calls on the Commission to make full use of the tools available to it, to address a clear risk of a serious breach by Poland of the values on which the Union is founded, in particular expedited infringement procedures and applications for interim measures before the CJEU, as well as ~~budgetary tools~~explore whether there are budgetary tools that can be introduced in this regard as a last resort; calls on the Commission to continue to keep Parliament regularly informed and closely involved;

2020/05/29
Committee: LIBE

Activities of Javier ZARZALEJOS

Plenary speeches (63)

Reports (5)

Shadow reports (9)

Shadow opinions (3)

Institutional motions (31)

Oral questions (2)

Written explanations (7)

Written questions (45)