677 Amendments of Sabrina PIGNEDOLI
Amendment 4 #
2023/2130(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Condemns the European Parliament having its second seat in Strasbourg, which accounts for 10 % of Parliament’s budget; stresses that, in addition to the economic cost, this also represents an environmental cost, since journeying from Brussels to Strasbourg generates around 19 tonnes of CO2 emissions; calls for the Treaties to be revised at the earliest opportunity so as to end the wastefulness of having a second seat in Strasbourg;
Amendment 67 #
2023/2130(DEC)
Motion for a resolution
Paragraph 48 a (new)
Paragraph 48 a (new)
48a. Points to the need to reduce MEPs’ salaries of EUR 10 075.18 pre-tax and EUR 7 853.89 after tax, which is far higher than the average salary paid to EU citizens; this reduction in salaries could serve as an indicator that the European political class was reconnecting with the difficulties confronting European citizens in these times of low growth and high inflation;
Amendment 106 #
2023/2130(DEC)
Motion for a resolution
Paragraph 64 a (new)
Paragraph 64 a (new)
64a. Condemns the acquisition of the Osmose Building in Strasbourg under a 99-year leasehold and at an estimated cost of EUR 1.919 million per annum (700 000 in rent alone), which at the end of the 99 years would total almost 190 million (EUR 189.981 million) in rent, cleaning services and security alone; to this should be added the cost of fitting-out the building and of everything needed to make it functional (utility bills and furniture); stresses the urgent need to rethink Parliament’s buildings policy in order to avoid wasting resources;
Amendment 150 #
2023/2130(DEC)
Motion for a resolution
Paragraph 96
Paragraph 96
96. Highlights that Members are free tomust document their use of the funds under the GEA, in detail or by type of cost, on their own or with the support of an external auditor, and to have this information published in whole or in part on their online page on Parliament’s website in accordance with Rule 11, paragraph 2, of the Rules of Procedure of the European Parliament; welcomes that a simplified list of types of costs is integrated into the IMMS and that an amendment clarifying the possibility for Members to use the GEA in the case of exhaustion of other allowances has also been adopted;
Amendment 177 #
2023/2130(DEC)
Motion for a resolution
Paragraph 116
Paragraph 116
116. Notes that the actuarial deficit of the Voluntary Pension Fund (VPF) on 31 December 2021 amounted to EUR 379 million (compared to EUR 371.4 million on 31 December 2020); welcomes the amendments made by Parliament’s Bureau to Article 76 of the IMMS in relation to the Additional (Voluntary) Pension Scheme, which entered into force on 1 July 2023, aiming to reduce future pension obligations from EUR 362.7 million to an estimated EUR 139 million, and the actuarial deficit of the fund from EUR 310 million to an estimated EUR 86 million; calls for voluntary pension fund to be phased out by 2027;
Amendment 23 #
2023/2129(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Condemns the Commission’s failure to provide responses with regard to the Covid Vaccines Agreement between the European Commission and Pfizer. Is concerned that, unlike in the case of other contract negotiations, the EU executive has refused to provide records of the discussions with Pfizer, in the form of minutes, the names of experts consulted, the terms agreed or other evidence.
Amendment 36 #
2023/2129(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises the role of the European anti-fraud office (OLAF), the European Public Prosecutor's Office (EPPO), the European Union Agency for Criminal Justice Cooperation (Eurojust) and the European Union Agency for Law Enforcement Cooperation (Europol) in the fight against corruption; calls for the capacities of the EPPO and OLAF, as well as cooperation between them, to be strengthened further; calls for their remits to be better defined, and for common anti- corruption rules applicable to all staff of Union bodies;
Amendment 226 #
2023/2129(DEC)
Motion for a resolution
Paragraph 114
Paragraph 114
Amendment 228 #
2023/2129(DEC)
Motion for a resolution
Paragraph 115
Paragraph 115
Amendment 229 #
2023/2129(DEC)
Motion for a resolution
Paragraph 116
Paragraph 116
Amendment 264 #
2023/2129(DEC)
Motion for a resolution
Paragraph 131 a (new)
Paragraph 131 a (new)
131a. Repeats its call for a reduction in the salaries paid to European Commissioners, which constitute an absurd political privilege at a time when EU citizens are being asked to make sacrifices in the name of budgetary constraint;
Amendment 269 #
2023/2129(DEC)
Motion for a resolution
Paragraph 139 a (new)
Paragraph 139 a (new)
139a. Condemns the property transaction, of a value of EUR 1 billion, to rent office space in the Brussels Nord district. Views this as yet another case of waste by the EU and calls for termination of the negotiations between the Commission and the Belgian Government.
Amendment 279 #
2023/2129(DEC)
Motion for a resolution
Paragraph 147 a (new)
Paragraph 147 a (new)
147a. Recalls that transparency and accountability in the implementation of the EU Budget is key; stresses in this context the need for further efforts, both from the Commission and the Member States, to ensure better transparency of the use of EU taxpayers’ money;
Amendment 3 #
2023/2080(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas infringement procedures are unfair insofar as they make citizens bear the cost of the incomplete transposition or incorrect application of European law by Member States;
Amendment 6 #
2023/2080(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the number of single market infringement cases fell steeply by 80 % between 2020 and 2022; whereas without oversight and enforcement by the Commission, cross-border business andthe Commission as guardian of the fTree movement of people, goods, capital and services aties plays a key role in overseeing and enforcing the EU could be gravely hamperedapplication of EU law;
Amendment 11 #
2023/2080(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas respect for the rule of law is the cornerstone of democracy and underpins fundamental rights; whereas impartial, independent courts, media pluralism and independence, the fight against corruption and the infiltration of the legal economy by organised crime are essential to guaranteeing equal treatment before the law, protecting citizens’ rights, preventing abuses and ensuring accountability among public office holders;
Amendment 12 #
2023/2080(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas organised crime is a major threat to European security, citizens, business and public institutions; whereas monitoring the correct transposition of the anti-money laundering legislation is key to stop criminals to profit from the proceeds of their crimes;
Amendment 19 #
2023/2080(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that, under the Von der Leyen Commission, the total new infringement actions taken by the Commission fell from 903 cases in 2020 to 551 in 2022; stresses that the total infringement actions in relation to the single market – excluding case closures – is worryingly lower than under the Barroso and Juncker commissions; understands the importance of dialogue between the Commission and the Member States at the pre-litigation stage; considers, however, that relying almost exclusively on dialogue and informal diplomacy can lead to either political horse trading with Member States or to the application of double-standards on the part of the Commission; regrets therefore that the Commission seems reluctant to bring actions against Member States before the CJEU where it is appropriate; calls on the Commission to further clarify how it prioritises serious breaches of EU law and to flesh out its selection criteria; recommends that the Commission shorten the dialogue period and not shy away from litigation while at the same time start the reflection on possible alternative mechanisms to guarantee the correct application of EU law;
Amendment 48 #
2023/2080(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Is concerned that many Member States have not yet implemented the obligation stemming from the 4th Anti Money Laundering Directive to ensure that information about the beneficial owners of companies is stored in a central register;
Amendment 49 #
2023/2080(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Deplores the fact that the Commission has not decided to launch infringement procedures against the Member States that have breached Schengen rules;
Amendment 97 #
2023/2076(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that the existence of different legal and institutional frameworks creates additional obstacles to project implementation; recalls that administrative procedures can be complex and time-consuming, a fact which can discourage local and regional authorities from participating in territorial cooperation; calls on the Commission to simplify these procedures, thereby making them more accessible and transparent;
Amendment 105 #
2023/2076(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that incompatibilities exist between states when it comes to the competences of authorities, as well as frequent changes in regional authorities, which can cause delays; believes that dialogue between local authorities should be encouraged and the participation of civil society in territorial-cooperation projects should be fostered, involving non-governmental organisations, social enterprises and other stakeholders;
Amendment 160 #
2023/2076(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Stresses that the regional and local authorities should be involved in the implementation of projects; invites the Commission to consider providing local and regional authorities in neighbouring countries with technical and institutional support to help them develop and implement territorial-cooperation projects; calls also for guidelines to be drawn up in this regard;
Amendment 36 #
2023/2062(INI)
9. Highlights that recent research has shown that VR sensor data is as uniquely identifiable as a fingerprint scan and can be used to infer a variety of attributes such as age, gender, income, ethnicity, and disability status, state of mind and emotions; believes that this raises significant ethical concerns that should not be disregarded; stresses that part of addressing these ethical concerns around the collection of vast amounts of personal data, including biometric data, is to guarantee that users are aware of the data being collected and that consent for the collection of such data is not obtained only at the time of entry to the virtual world, but for each use case in line with the purpose limitation principle laid out by the GDPR;
Amendment 67 #
2023/2062(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that avatars do not have legal personality so any issues regarding their legal capacity, rights, obligations and liabilities needs to be addressed with reference to the natural or legal persons using them; considers that, as the metaverse evolves and becomes more complex, consideration should be given to the appropriateness of granting a specific legal status to avatars;
Amendment 31 #
2023/2061(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the development and use of new technologies will cause a short- term rise in vehicle prices, which could make it harder to renew the car fleet and penalise poorer households;
Amendment 33 #
2023/2061(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the current regulatory framework does not provide specific support and training measures and funding for European regions whose GDP is mainly generated by the automotive sector; whereas many industry associations consider measures to boost demand that do not reduce resources for reindustrialisation to be indispensable;
Amendment 65 #
2023/2061(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for the future generation of the European Social Fund to explicitly include measures to strengthen social safety nets and vocational training in order to invest in the new skills needed to accompany the transition;
Amendment 92 #
2023/2061(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes it necessary to set up specific instruments to support the value chain, with a policy of providing support for the manufacture and procurement of all components related to the ecological transition for vehicles; in particular, considers it necessary to support the sectors of semiconductors, batteries and components necessary for electric motors, autonomous driving, digitisation and connectivity;
Amendment 104 #
2023/2061(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to put forward the necessary proposal to ensure the continuity of the Just Transition Mechanism and that it is endowed with sufficient funds to include support for regions that are dependent on the automotive and parts-supply industry, in particular in the relevant Just Transition Fund mainstreamed within the cohesion policy, so that synergies and spillover effects can be promoted with various European funds and programmes to address the regional transformation process; further takes the view that a specific fund should be established in the next Multiannual Financial Framework for a reindustrialisation policy in the sector to mitigate the impact on jobs;
Amendment 59 #
2023/2048(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Handbook of territorial and development strategies and the Handbook of Sustainable Urban Development Strategies as guides for the design, implementation and monitoring of territorial and urban development strategies; believes the dissemination of good practices must be fostered with a view to ensuring that projects are effective and sustainable;
Amendment 65 #
2023/2048(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need for a paradigm shift in the involvement of local and regional authorities in the implementation and management of territorial tools; believes, further, that the public must be involved in the territorial development process with a view to ensuring that projects address their needs and aspirations; calls on the Commission to encourage the public to participate actively in the planning and implementation processes for territorial development projects;
Amendment 71 #
2023/2048(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for territorial or local development strategies funded by more than one programme to merge into a single track in order to prevent delays and administrative obstacles; calls on the Commission, in that regard, to provide local and regional authorities with technical and financial support with a view to helping them to implement territorial development projects;
Amendment 101 #
2023/2048(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Believes that businesses could play an essential role in territorial development strategies; calls on the Commission to support arrangements for collaboration between companies and local and regional authorities with a view to developing territorial development projects that foster job creation and economic growth;
Amendment 85 #
2023/2044(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that the right to housing is one of the EU’s social pillars; believes that incentives should be provided in order to ensure that decent affordable housing is available to prevent exoduses and for talented individuals who decide to return to their place of origin;
Amendment 95 #
2023/2044(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that minimum wages have failed to keep pace with other wages in many Member States, exacerbating in- work poverty, wage inequality and the ability of low-wage earners to cope with economic difficulties; believes that establishing a European guaranteed minimum wage could limit talent drain;
Amendment 100 #
2023/2044(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages the financing of specific measures through the multiannual financial framework to address the demographic challenges, with a specific budget for regions with severe and permanent demographic difficulties; in this context, considers it necessary to reformulate the specific instruments of the cohesion policy by assigning greater weight to depopulation for the allocation of funds with a view to developing an economic environment conducive to the expansion of businesses and the creation of jobs with the aim of ensuring that talent remains;
Amendment 148 #
2023/2044(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Acknowledges that direct financial support to regions in or at risk of a talent development trap will be provided under existing instruments; regrets nonetheless that no specific and dedicated financial support has been established for this purpose; suggests that the new programming period should include the creation of a dedicated fund addressing the brain drain and providing incentives for talent to return through programmes that encourage talented individuals that have gone away to come back, offering them tax breaks and attractive career opportunities;
Amendment 173 #
2023/2044(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers it essential to prioritise measures to facilitate work-life balance, guaranteeing access to childcare, working time flexibility and decent wages and working conditions; takes the view that investment in research and development, technology and infrastructure is essential to attracting tech companies and start- ups, industries which tend to require highly skilled talent; calls on the Member States and the Commission to provide tax incentives, relief and advisory services to support local businesses hiring young people with a view to fostering the creation of new jobs;
Amendment 128 #
2023/0202(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
A complaint may be resolved by amicable settlement between the complainant and the parties under investigation, including in ex officio cases. Where the supervisory authority considers that an amicable settlement to the complaint has been found, it shall communicate the proposed settlement to the complainant. If the complainant does not object to the amicable settlement proposed by the supervisory authority within one month, the complaint shall be deemed withdrawn.
Amendment 130 #
2023/0202(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
A complaint may be resolved by amicable settlement at any stage of the procedure.
Amendment 139 #
2023/0202(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a a (new)
Article 9 – paragraph 2 – point a a (new)
(aa) the response of the parties under investigation to the preliminary findings;
Amendment 161 #
2023/0202(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The lead supervisory authority shall, when notifying the preliminary findings to the parties under investigation, set a time-limit within which these parties may provide their views in writing. That time-limit must be reasonable and proportionate and take into account the results of the investigations. The lead supervisory authority shall not be obliged to take into account written views received after the expiry of that time-limit.
Amendment 172 #
2023/0202(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The lead supervisory authority shall set a time-limit within which the parties under investigation may make known their views. That time-limit must be reasonable and proportionate and take into account the results of the investigations.
Amendment 176 #
2023/0202(COD)
Proposal for a regulation
Article 21 – paragraph 6 – introductory part
Article 21 – paragraph 6 – introductory part
6. The lead supervisory authority may set a proportionate and reasonable time- limit for parties under investigation and any other party raising a confidentiality claim to:
Amendment 137 #
2023/0135(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Corruption remains a significant problem at the Union level, threatening the stability and security of societies, including by enabling organised and other serious crime. Corruption undermines democratic institutions and universal values on which the Union is founded, particularly the rule of law, democracy, equality and the protection of fundamental rights. It jeopardises development, prosperity and the sustainability and inclusiveness of our economies by facilitating the infiltration of the licit economy by organised crime, including through the award of public procurement contracts and public concessions, and by undermining the proper functioning of the market, underpinned by competition. In order to effectively prevent and combat corruption, a comprehensive and multidisciplinary approach is required. The purpose of this Directive is to tackle corruption by means of criminal law, allowing for better cross- border cooperation between competent authorities.
Amendment 156 #
2023/0135(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) With a view to further strengthening the European anti- corruption framework and to effectively preventing corruption offences, the notion of conflict of interest needs to be clearly defined and as broadly as possible. This notion should cover all situations in which the impartial and objective exercise of the duties of a person involved in the performance of public functions is compromised for reasons of family, emotional, political or national affinity, economic interest or any other direct or indirect personal interest, whether real or potential, which conflicts with the public functions that the official is entrusted to perform.
Amendment 161 #
2023/0135(COD)
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) It is also necessary to strengthen transparency and to avoid the phenomenon of the 'revolving door' between the public and private sectors, by imposing restrictions on the exercise of professional activities by former public officials, whether appointed, elected or employed under contract, and on the employment by the private sector of public officials after their resignation or retirement, when such activities or employment are directly related to the duties that they had performed or overseen during their term in office.
Amendment 164 #
2023/0135(COD)
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
(9c) This Directive should lay down minimum standards to increase transparency and bring the laws of the Member States in line with reporting obligations concerning the income and assets of public officials.
Amendment 178 #
2023/0135(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Corruption feeds off the motivation for undue economic and other advantages. ÌIn order to reduce the incentive for individuals and criminal organisations to commit new criminal acts and deter individuals from consenting to becoming fake property owners enrichment by corruption offences should be criminalised. This should, in turn, complicate the concealment of illicitly acquired property and reduce the spread of corruption as well as the damage done to society. Transparency helps competent authorities to detect possible illicit enrichment. For example, in jurisdictions whereIt is necessary to ensure maximum transparency as this is crucial to enable the competent authorities to detect possible illicit enrichment. To enable the authorities to assess whether declared assets match declared income, public officials are required tomust declare their assets at regular intervals, including particular when taking up and completing duties, authorities can assess whether the declared assets correspond to declared incomesleaving office.
Amendment 181 #
2023/0135(COD)
Proposal for a directive
Recital 19
Recital 19
(19) The competent authorities should be able to impose, in addition or as an alternative to imprisonment, supplementary sanctions or measures, that are not necessarily of a criminal nature, such as the temporary or permanent disqualification from holding public office or the exclusion from public procurement, a ban on holding elected or governmental office or the exclusion from public procurement and the voiding of contracts and appointments awarded in breach of anti-corruption rules. Such measures have a general dissuasive effect and may reduce the recidivism of convicted offenders. Member States should also consider establishing procedures for the suspension or temporary reassignment of a public official accused of a criminal offence as referred to in this Directive, bearing in mind the need to respect the principle of the presumption of innocence and the right to an effective remedy.
Amendment 186 #
2023/0135(COD)
Proposal for a directive
Recital 27
Recital 27
(27) In order to ensure that the competent authorities have sufficient time to conduct complex investigations and prosecutions, this Directive provides for a minimum limitation period that enables the detection, investigation, prosecution and judicial decision of corruption offences for a sufficient period of time after the commission of such offences, without affecting those Member States which do not set limitation periods for investigation, prosecution and enforcement. That limitation period should in any event be suspended from the date of issuance of the conviction concluding the first instance of the proceedings or of the conviction order, until the effective date of the judgment concluding the proceedings or the date on which the criminal decree becomes final.
Amendment 187 #
2023/0135(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Corruption offences are a difficult category of crime to identify and investigate, as they mostly occur as part of a conspiracy between two or more willing parties and lack an immediate and obvious victim who could complain. Thus, a significant proportion of corruption crime remains undetected, and the criminal parties are able to benefit from the proceeds of their corruption. The longer it takes to detect a corruption offence, the more difficult it is to uncover evidence. Therefore, it should be ensured that law enforcement and prosecutors have appropriate investigative tools to gather relevant evidence of corruption offences which often affect more than one Member State, including wiretaps and evidence collected by undercover agents. Furthermore, Member States should allocate sufficient training, in close coordination with the European Union Agency for Law Enforcement Training (CEPOL), also on the use investigative tools to successfully carry out proceedings and the identification and quantification of proceeds of corruption in the context of freezing and confiscation. In addition, this Directive facilitates the gathering of information and evidence by setting out mitigating circumstances for offenders that help the authorities.
Amendment 215 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
(b) any other person assigned and exercising a public service function or providing a public service in Member States or third countries, for an international organisation or for an international court.
Amendment 218 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b a (new)
Article 2 – paragraph 1 – point 3 – point b a (new)
(ba) any other individual entrusted with public powers or a public service mission or holding an elected public office,
Amendment 234 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
8a. ‘Conflict of interest' shall mean any situation in which situation the impartial and objective exercise of the functions of a public official is compromised for reasons of family, emotional, political or national affinity, economic interest or any other direct or indirect, potential or actual personal interest in conflict with the public interest the official is entrusted to serve.
Amendment 237 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 b (new)
Article 2 – paragraph 1 – point 8 b (new)
8b. ‘The revolving door’ shall mean the taking-up, receipt or holding, directly or indirectly, by a public official of any interest in an undertaking or transaction for which, at the time of the act, he or she is wholly or partly responsible for the monitoring, administration, liquidation or payment.
Amendment 245 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall take measures to ensure the highest degree of transparency and accountability in public administration and public decision-making with a view to prevent corruption. These measures include a system of staff recruitment and promotion or assignment based on transparent and meritocratic procedures.
Amendment 248 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Member States shall take the necessary measures to limit the use of trustee assignments for personnel entrusted with responsibility for oversight or verification of compliance with the law.
Amendment 270 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 4 – point b a (new)
Article 3 – paragraph 4 – point b a (new)
(ba) Effective rules addressing the interaction between the public and private sectors, including the regulation of lobbying and the revolving door. In particular the setting of minimum standards concerning lobbying, including: (i) the concepts of lobbying, lobbyists and public officials subject to the law; (ii) common minimum information to be disclosed regarding lobbyists' meetings with officials; (iii) common minimum requirements to ensure that such information is publicly available.
Amendment 286 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 6 a (new)
Article 3 – paragraph 6 a (new)
6a. Member States shall take the necessary measures to ensure that a specialised body as defined in Article 4 or another competent authority regularly examines public officials' declarations of assets and financial interests and compares these declarations with what they have declared to the tax authorities. If these examinations reveal the existence of assets undeclared by the public official, Member States shall take the appropriate measures to identify their origin.
Amendment 287 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 6 b (new)
Article 3 – paragraph 6 b (new)
6b. Member States shall take the necessary measures to ensure that cash contributions in excess of EUR 500 per year per donor, or other forms of support of equivalent value, made to political parties and movements are made public and include the identity of the donor, the size of the contribution or the value of the benefit or other form of support and the date of payment by means of an entry in a special register maintained at the registered office of the political party or movement, inclusion in financial statements and publication on the official website of the political party or movement.
Amendment 297 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) are functionally independent ofrom the government in accordance with the fundamental principles of the legal system of the Member State and have a sufficient number of qualified staff and the financial, technical and technological resources, as well as the powers and tools necessary to ensure the proper administration of their tasks and to implement the provisions necessary to comply with Articles 3 to 6;
Amendment 329 #
2023/0135(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
(ba) The fact that a public official takes up, receives or retains, directly or indirectly, an interest in an undertaking or transaction undermining his or her impartiality, independence or objectivity for which, at the time of the event, he or she is wholly or partly responsible for the supervision, administration, liquidation or payment.
Amendment 330 #
2023/0135(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b b (new)
Article 7 – paragraph 1 – point b b (new)
(bb) The fact that a public official, in the course of his or her duties relating either to the supervision and/or control of a private undertaking, or to the conclusion of contracts of any kind with a private undertaking or to the giving of an opinion on such contracts, or to having proposed directly to the competent authority decisions relating to the operations carried out by a private undertaking or to having given an opinion on such decisions, acquired or received an interest by way of employment, advice or capital in one of those undertakings before the expiry of a period of three years from the date on which those duties ceased.
Amendment 384 #
2023/0135(COD)
Proposal for a directive
Article 15 – paragraph 4 – point d
Article 15 – paragraph 4 – point d
(d) deprivation of the right to stand for elections, proportionate to the seriousness of the offence committed; and;
Amendment 395 #
2023/0135(COD)
Proposal for a directive
Article 17 – paragraph 2 – point f
Article 17 – paragraph 2 – point f
(f) the possibility for public authorities to annul or rescind a contractannulment or rescinding of the contract concluded and the assignments conferred with them, in the context of which the offence was committed;
Amendment 425 #
2023/0135(COD)
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Member States shall take the necessary measures to ensure that the limitation period referred to in paragraph 1 is suspended from the date of issuance of the conviction concluding the first instance of the proceedings or of the conviction order, until the effective date of the judgment concluding the proceedings or the date on which the sentencing order becomes final.
Amendment 443 #
2023/0135(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
Member States shall take the necessary measures to ensure that effective investigative tools, such as those used in countering organised crime or other serious crimes, are available to persons, units or services responsible for investigating or prosecuting the criminal offences referred to in this Directive. These tools shall also include the use of wiretapping or electronic devices and the possibility of conducting undercover police operations.
Amendment 465 #
2023/0135(COD)
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall collect disaggregated statistical data on each of the criminal offences as referred to in Articles 7 to 14 of this Directive.
Amendment 504 #
2023/0135(COD)
Proposal for a directive
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. The provisions of this Directive shall not affect the right of Member States to apply or introduce more stringent laws, regulations or administrative provisions with regard to transparency requirements and applicable penalties than those laid down in this Directive.
Amendment 40 #
2022/2152(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls on the Commission to produce an “Annual Report on Corruption” - as happen already for the fraud - in order to provide an in-depth analysis of the approaches, procedures and tools used by EU Member States in their fight against corruption and to help to assess which areas are most at risk, thereby helping to better target action at both EU and national level;
Amendment 47 #
2022/2152(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Highlights that the EPPO has the authority to investigate serious offences against the common VAT system where they are associated with the territory of two or more Member States and involve a total loss of at least EUR 10 million and that, acting as a single transnational prosecution office, it brings unprecedented efficiency in the fight against VAT fraud; notes that in in particular 2021, the EPPO investigated 91 such cases involving estimated losses of EUR 2.5 billion; welcomes the Commission’s initiative for a second transposition report on the PIF Directive, due in the third quarter of 2022, which will also focus on the appropriateness of the EUR 10 million VAT threshold;
Amendment 52 #
2022/2152(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Calls on the Commission to urgently check the applicability of Article 61 of Regulation no 2018/1046 on conflict of interests to check is any person or national authorities involved in budget implementation do not take any action which may bring their own interest into conflict with those of the Union; considers necessary an analysis carried out by the Commission to evaluate the tangible effect of such Article and to consider the possible way forward;
Amendment 55 #
2022/2152(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Observes that the analysis of irregularities highlights risks in relation to the green transition for investments in energy efficiency, the provision of drinking water, waste management, renewable energy (solar) and risk prevention; those linked to the digital transition relate to services and applications for small and medium sized enterprises (SMEs), in terms of the number of irregularities, and services and applications for e-government, in terms of the financial amounts involved;
Amendment 57 #
2022/2152(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29 b. Welcomes the analysis in the PIF Report 2021 and calls on national authorities to take them into account in their control activities;
Amendment 64 #
2022/2152(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Underlines the necessity to make compulsory the single integrated IT system as soon as possible without waiting for the next MFF, as also be stated in the Opinion 06/2022 of the European Court of Auditor;
Amendment 68 #
2022/2152(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Urgently asks the Commission to review the EPPO Regulation to broaden its functions, thus also including environmental crimes - which have been increasing in recent times - and consequently to increase its staff to make EPPO capable of carrying out its tasks;
Amendment 72 #
2022/2152(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Remarks that OLAF actively cooperates with the European Court of Auditors (ECA), Eurojust, and Europol; welcomes the joint efforts of OLAF and Europol to assess the threats and vulnerabilities of the RRF instrument and their cooperation with other Commission services entrusted with supervising the RRF (DG Economic and Financial Affairs and the Commission Secretariat-General); appreciates the publication of the joint OLAF/Europol report entitled ‘Assessing the threats to the NextGenerationEU (NGEU) Fund’;
Amendment 79 #
2022/2152(INI)
Motion for a resolution
Paragraph 48 a (new)
Paragraph 48 a (new)
Amendment 85 #
2022/2152(INI)
Motion for a resolution
Paragraph 49 a (new)
Paragraph 49 a (new)
49 a. Welcomes targeted revision of the action plan accompanying the Commission Anti Fraud strategy initiated by the Commission and calls on the Commission to take into account the proposals put forward in this and previous resolutions on PIF matters by the European Parliament;
Amendment 89 #
2022/2152(INI)
Motion for a resolution
Paragraph 50 a (new)
Paragraph 50 a (new)
50 a. Calls on EPPO participating Member States to provide the necessary support to the office (support staff and appropriate working conditions for European delegated prosecutors, access to databases, police officers, prompt cooperation from taxation and customs authorities, etc), so that it can fully take advantage of its efficiency in protecting the EU and Member States’ budgets;
Amendment 93 #
2022/2152(INI)
Motion for a resolution
Paragraph 50 b (new)
Paragraph 50 b (new)
50 b. Calls on Ireland and Poland to immediately start cooperating with the EPPO on the basis of existing mutual legal assistance treaties and legislation and emphasizes that the lack of cooperation goes against the duties of sincere cooperation (Article 13 TFEU) and the specific objective, and related obligations on the Member States, of the effective protection of the Union’s financial interests (Article 325 TFEU);
Amendment 96 #
2022/2152(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Believes that uneven and fragmentary legislation across EU Member States represents an obstacle to the effectiveness of the protection of the Union’s financial interests, in particular, the diverse implementation of the PIF directive, combined with the rules in Article 25 of the EPPO Regulation, makes is impossible for the EPPO to exercise its competence in some Member States (for example with regard to smuggling and co- financing situations) creating loopholes in the protection of EU financial interests;
Amendment 108 #
2022/2152(INI)
Motion for a resolution
Paragraph 56 a (new)
Paragraph 56 a (new)
56 a. Calls on the Commission to update the AFCOS guidelines to help national authorities in developing a structured coordination service; asks furthermore the Commission a detailed explanation to send to the discharge authority and publicly available on the work in progress;
Amendment 112 #
2022/2152(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to urgent change the current guidelines for National Anti Fraud Strategies (NAFS) to reflect developments in systems and to align them with the new challenges; regrets that the last guidelines on NAFS have been formulated in 2015 and considers that they are not any more adequate; calls on the Commission on the urgency to encourage the Member State to have the same discipline;
Amendment 123 #
2022/2152(INI)
Motion for a resolution
Paragraph 66 a (new)
Paragraph 66 a (new)
66 a. Calls on the Commission to update the fraud report system of funds spent in non-EU countries; notes that the new system should take into account specific issues that EU faces when spends money outside EU territory;
Amendment 32 #
2022/2081(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Reiterates the need, with a view to protecting EU finances, to step up the Commission's administrative capacity and propose adequate budget lines for the Court, the EPPO and OLAF in connection with the new tasks related to the NextGenerationEU instrument;
Amendment 74 #
2022/2081(DEC)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Deplores the fact that the errors found reflect persistent shortcomings in the regularity of the expenditure declared by the managing authorities and that the Court identified shortcomings in the supervisory authorities' sampling methodologies;
Amendment 110 #
2022/2081(DEC)
Motion for a resolution
Paragraph 43 – point e a (new)
Paragraph 43 – point e a (new)
ea. continue supporting Member States with a view to ensuring that both the quality and the number of controls are improved, and to share best practices in the fight against fraud;
Amendment 111 #
2022/2081(DEC)
eb. arrange for the procedure to be simplified, including the documentation required in order to gain access to funding, without neglecting the principles of audit and monitoring;
Amendment 112 #
2022/2081(DEC)
Motion for a resolution
Paragraph 43 – point e c (new)
Paragraph 43 – point e c (new)
ec. publish its audit reports, including for conflict of interest cases, in a reasonable time frame, helping to ensure that the recommended corrective and follow-up actions are taken by auditees;
Amendment 122 #
2022/2081(DEC)
Motion for a resolution
Paragraph 54 – point b a (new)
Paragraph 54 – point b a (new)
ba. supply a clear and exhaustive programme performance assessment procedures that would, for spending review purposes, make it possible to identify programmes with no clear added value; include in the annual management and performance report a detailed assessment indicating which programmes are not being implemented properly;
Amendment 123 #
2022/2081(DEC)
Motion for a resolution
Paragraph 54 – point b b (new)
Paragraph 54 – point b b (new)
bb. monitor strictly the potential risk of corruption and fraud; finance thorough and independent ex-ante and ex-post assessments of projects;
Amendment 124 #
2022/2081(DEC)
Motion for a resolution
Paragraph 54 – point b c (new)
Paragraph 54 – point b c (new)
bc. encourage the Commission, the European Court of Auditors and the Council to work towards accelerating the discharge process to N+1, remembering that this step should not undermine the quality of the process;
Amendment 125 #
2022/2081(DEC)
Motion for a resolution
Paragraph 54 – point b d (new)
Paragraph 54 – point b d (new)
bd. step up efforts to boost transparency, including information on final beneficiaries, in the use of funds and clamp down on the disbursement of funds to companies with headquarters in tax havens;
Amendment 126 #
2022/2081(DEC)
Motion for a resolution
Paragraph 54 – point b e (new)
Paragraph 54 – point b e (new)
be. pay closer attention, and offer increased technical support, to Member States whose management and control systems are only partially reliable, or not reliable, where there is an increased risk of fund-related fraud and corruption;
Amendment 144 #
2022/2081(DEC)
Motion for a resolution
Paragraph 81 – point b a (new)
Paragraph 81 – point b a (new)
ba. make use of ARACHNE with a view to preventing and safeguarding against conflicts of interest, fraud, corruption and double funding;
Amendment 155 #
2022/2081(DEC)
Motion for a resolution
Paragraph 91 – point d a (new)
Paragraph 91 – point d a (new)
da. present amendments to the CAP rules with a view to preventing EU funds from being disbursed where land has been taken by force or where ownership thereof has been falsely declared, possibly even without the knowledge of the true owners or, in the case of state-owned land, of the public bodies concerned;
Amendment 176 #
2022/2081(DEC)
Motion for a resolution
Paragraph 107 – point b a (new)
Paragraph 107 – point b a (new)
ba. remember the importance of the European Parliament’s active participation in the development of partnership and cooperation agreements with third countries; remember that future partnership agreements should be subject to parliamentary scrutiny and based on the principles of transparency, solidarity, shared responsibility, respect for human rights, the rule of law and international humanitarian law;
Amendment 183 #
2022/2081(DEC)
Motion for a resolution
Paragraph 116 – point b a (new)
Paragraph 116 – point b a (new)
ba. Calls on the Commission to apply a more transparent appointment procedure for all positions, particularly those in management; calls on the Commission to bring more clarity to the existing appointment procedure, which comes up short in terms of transparency and accountability;
Amendment 184 #
2022/2081(DEC)
Motion for a resolution
Paragraph 116 – point b b (new)
Paragraph 116 – point b b (new)
bb. Reminds the Commission of the potential risks with regard to Commissioners who take on new activities at the end of their term and calls on the Commission to pay close attention to those cases;
Amendment 185 #
2022/2081(DEC)
Motion for a resolution
Paragraph 116 – point b c (new)
Paragraph 116 – point b c (new)
bc. Urges the Commission to take a firm and uniform approach towards transparency to prevent 'revolving door' situations at the agencies and at the Commission;
Amendment 186 #
2022/2081(DEC)
Motion for a resolution
Paragraph 116 – point b d (new)
Paragraph 116 – point b d (new)
bd. Calls on the Commission to exercise more control over the Agencies' public tenders, as there are often cases where preference is given to contracts for the supply of technological equipment with prices considerably higher than market rates;
Amendment 187 #
2022/2081(DEC)
Motion for a resolution
Paragraph 116 – point b e (new)
Paragraph 116 – point b e (new)
be. Reminds the Commission of the importance of being at the forefront when it comes to protecting whistle-blowers, paving the way for more uniform rules throughout the institutions, rules that are based on best practices and on higher standards;
Amendment 1 #
2022/2057(INI)
Motion for a resolution
Citation 4
Citation 4
— having regard to the report of the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression of 13 April 2021 on disinformation and freedom of opinion and expression and that of April 2022 titled "Reinforcing media freedom and the safety of journalists in the digital age",
Amendment 25 #
2022/2057(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the decline of media freedom and the rise in threats to the safety of journalists is a worldwide trend, most sharply evident in backsliding democracies and recalcitrant totalitarian States; whereas recent years have shown a growing pattern of intimidation aimed at silencing journalists, in particular war correspondents; whereas thise consequences for human rights, democracy, public participation and development are extremely concening and it is a situation that requires urgent action to uphold the essential role of the independent media in ensuring transparency and accountability;
Amendment 26 #
2022/2057(INI)
Motion for a resolution
Recital E
Recital E
E. whereas recent years have shown a growing pattern of intimidation aimed at silencing journalists, in particular war correspondents; whereas by gathering and disseminating reliable information about armed conflicts, journalists carry out a crucial mission of public interest; whereas this is a situation that requires urgent action to uphold the essential role of the independent media in ensuring transparency and accountability;
Amendment 35 #
2022/2057(INI)
Motion for a resolution
Recital G
Recital G
G. whereas investigative journalists working to expose corruption are being particularly targeted; nd in the fight against organized crime are being particularly targeted; whereas whistleblowers are a key source of information in the fight against corruption and organized crime; whereas Julian Assange’s case sets a dangerous precedent regarding whistleblowing as a fundamental aspect of freedom of expression and as an essential role in detecting and reporting wrongdoing;
Amendment 37 #
2022/2057(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas international human rights law provides strong protection for whistle-blowers, journalistic sources and public interest reporting; whereas, according to the report of the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression of 20 April 2022 on disinformation and freedom of opinion and expression, the continuing efforts of the United States to prosecute Julian Assange, the founder of Wikileaks, raise concerns that the Espionage Act charges could establish a precedent for punishing not only whistle-blowers but also journalists, without considering whether their reporting is in the public interest;
Amendment 44 #
2022/2057(INI)
H. whereas technological innovation has increased the capacity of individuals, governments and other bodies to spy on journalists, compromise their digital security and force censorship upon them; whereas such attacks may include compromising journalists’ accounts, locking them out of their accounts, subjecting them to intrusive malware, targeting them with hateful and violent content and gathering and publishing personal information about them online; whereas targeted surveillance and digital threatsof journalists and the use of spyware against them, as well as other and digital threats, impacts journalists in a very personal way violating their right to privacy, right to freedom of expression, and freedom of thought, impairs journalists’, activists’ and politicians’ right to freedom of association and are having a negative impact on press freedom worldwide and, limiting journalists’ ability to investigate and report; whereas the United Nations' General Assembly and Human Rights Council have affirmed that the rights protecting the free and safe practice of journalism offline also apply online; whereas the overriding problem is not one of gaps in international law but of failures in compliance and implementation by Member States rooted in a lack of political will;
Amendment 78 #
2022/2057(INI)
Motion for a resolution
Recital S a (new)
Recital S a (new)
S a. whereas the 2018 Inter-American Commission on Human Rights (IACHR) report on Women Journalists and Freedom of Expression states that the discrimination faced by journalists is often manifested in relation to their gender, race, ethnicity, religion, belief, age, class, and sexual orientation or gender identity; whereas LGBTIQ+ journalists are at a higher risk of online attacks; whereas online attacks frequently exacerbate offline safety threats; whereas these threats may lead to self-censor and have a chilling effect on press freedom and freedom of expression;
Amendment 103 #
2022/2057(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls the essential role played by political and investigative journalists in fighting against human rights violations by performing their role as watchdogs for democracy and the rule of law through the collection of reliable and relevant information, thereby exposing state repression, corruption, criminal networks, war crimes and crimes against humanity, and all kind of human rights abuses, which ensurescontributes to the necessary checks and balances to hold persons in power to account; highlights, and deplores, the fact that these activities put journalists at increased personal risk;
Amendment 107 #
2022/2057(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Regrets the British Home Secretary decision to extradite Julian Assange to the US, where he could be sentenced to 175 years in prison from 17 charges related to the Espionage Act Extradition and condemns the pressure applied by the United States in relation to the extradition of a whistleblower;
Amendment 108 #
2022/2057(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Notes with concern that according to the Committee to Protect Journalists (CPJ) 67 journalists have been killed worldwide in 2022, in addition to those who have been threatened, subjected to violence or arbitrary imprisonment; reiterates the importance of these crimes being fully investigated and those responsible brought to justice; calls on all the European institutions to commit themselves by means of concrete acts and declarations sto avoid at all cost impunity for these crimes;
Amendment 112 #
2022/2057(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates its continued deep concern about the state of media freedom in the word in the context of the abuses and attacks still being perpetrated against journalists and media workers in many countries, as well as the growing denigration of them in public, which particularly impacts political, investigative and cross-border journalism; notes with concern and stigmatises the practice of some authorities of searching the homes and workplaces of journalists or subjecting them to telephone and digital device checks in order to trace the sources of information, which must be protected in the same way as the journalists themselves;
Amendment 116 #
2022/2057(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Regrets the widespread online abuse and the censorship of LGBTQI+ stories and voices in many countries, including Azerbaijan, Hungary, Poland, and Russia, resulting in infringements of journalists’ right to freedom of expression;
Amendment 118 #
2022/2057(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates its concern about the lack of specific legal or policy frameworks protecting journalists and media workers from violence, threats and intimidation at global scale; calls on public figures and authority representatives to refrain from denigrating journalists in public, as this undermines trust in the media across society; underlines the important role of journalists in reporting on protests and demonstrations and calls for them to be protected so that they can carry out their jobs without fear; is concerned at the increased restictions and reprisal to crush public protests in Russia, and in particular the anti-war movement since the invasion of Ukraine in February 2022, which extends to suppressing any reporting of them by journalists and independent monitors;
Amendment 126 #
2022/2057(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Deplores the fact that journalists and media workers often work in precarious conditions, which compromises their ability to work in a safe and enabling environment; deplores the increasingly widespread practice of precarious, underpaid employment contracts with no health nor legal protection, stressing that this condition has serious repercussions on the actual independence of journalists; stresses that adequate working conditions for journalists and media workers are crucial to fostering high-quality journalism, allowing journalists to fulfil their missions and upholding the right to information and the right to be informed;
Amendment 142 #
2022/2057(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Highlights that it is often thanks to journalists that serious human rights violations, war crimes, and other atrocities taking places in the context of armed conflicts are brought to the attention of the public and of decision makers; condemned in the strongest possible terms deliberate attacks, kidnapping and torture of journalists reporting on conflicts, as well as failure to protect and them; calls for effective investigations and prosecutions of those responsible for crimes against journalists, including supporting the starting of ICC invistigation on the killing of Palestinian- American journalist Shireen Abu Akleh killed by the Israel Defense Forces (IDF) on May 11, 2022, while covering an IDF raid in the West Bank town of Jenin and wearing a protective vest that read “press” on the front and back;
Amendment 160 #
2022/2057(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Insists on enhancing collaboration between online platforms and law enforcement authorities so as to effectively address the spread of messages that incite hatred or instigate violence towards journalists and media workers, taking into account the fact that womendiscrimination faced by journalists is often manifested in relation to their gender, race, ethnicity, religion, belief, age, class, and sexual orientation or gender identity and some categories, such as women, LGBTIQ+ persons, ethnic or regligious minorities, are particularly targeted; stresses the importance of promptly removing online comments or reactions that undermine the safety of journalists in order to curb their uncontrolled spread;
Amendment 182 #
2022/2057(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Urges the EU to call for an immediate moratorium on the development, export, sale and use of spyware until robust regulations are implemented to guarantee its use in line with international human rights standards and to safeguard journalists; where governments continue to engage in the use or sale of this technology, call for public reporting and consultation about spyware purchases and exports; consider the use of targeted actions to hold accountable those who have spied or facilitated spying on journalists through the sale or use of spyware, and to deter future spying;
Amendment 186 #
2022/2057(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on EU delegations, EU Member State diplomatic missions and like-minded partners to engage in proactive outreach to and support for civil society, media outlets and journalist communities in third countries with a view to supporting their work and working conditions, to make regular assessments of the press freedom environment in each respective third country, including ongoing or emerging risks to journalists, and to seek ways to put in place either measures that could prevent abuses from occurring or protection measures, including providing demonstrable and visible moral support to journalists at risk;
Amendment 33 #
2022/0219(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The clauses, guarantees and general amounts in the procurement act must be as transparent as possible so as to avoid harm to the European Union's financial interests, loss of credibility in the institutions on the part of EU citizens and the dissipation of valuable resources in the context of the war in Ukraine;
Amendment 44 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The participating Member States shall provide to the Commission a notification from the procurement agent on the guarantees provided by a contractor or subcontractor involved in the common procurement that is established in the Union or an associated third country and controlled by a non-associated third country or a non-associated third country entity. The guarantees, general amounts in the procurement act and related provisions in the procurement contract shall be made available to the Commission upon request and to all the institutions responsible for monitoring the budget and safeguarding the financial interests of the EU. The guarantees shall provide assurances that the involvement of the contractor or subcontractor involved in the common procurement does not contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the TEU, or the objectives set out in Article 3.
Amendment 49 #
2022/0167(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22 a) In order to promote the rule of law and the involvement of civil society in the fight against organised crime this Directive allows for the management of frozen and confiscated property and its re- use for social purposes.
Amendment 51 #
2022/0167(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Freezing measures should be without prejudice to the possibility for a specific property to be considered evidence throughout the proceedings, provided that it would ultimately be made available for effective execution of the confiscation order. In the context of criminal proceedings, property mayshall also be frozen with a view to its possible subsequent restitution orand in order to safeguard compensavictims’ rights to compensation and restitution for the damage caused by a criminal offence.
Amendment 78 #
2022/0167(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall take the necessary measures to enable the freezing of property necessary to ensure a possible confiscation of that property under Article 12 and ensure victims’ compensation under article 18. .
Amendment 99 #
2022/0167(COD)
Proposal for a directive
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
(d) immunity from prosecution of the suspected or accused person, as provided for under national and international law;
Amendment 118 #
2022/0167(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall consider takingtake the necessary measures allowing confiscated property to be used for public interest or social purposes.
Amendment 123 #
2022/0167(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Where, as a result of a criminal offence, victims have claims against the person who is subject to a confiscation measure provided for under this Directive, Member States shall take the necessary measures to ensure that the confiscation measure does not affect victims’ rights to obtain compensation for their claims. The confiscated property or money obtained after selling such property are either restitute to the victim or used to compensate the victims. Member States shall ensure that, in the course of criminal proceedings, victims are entitled to obtain a decision on compensation by the offender, as soon as possible.
Amendment 140 #
2022/0167(COD)
Proposal for a directive
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1 a. Asset recovery offices, asset management offices, and other competent authorities shall closely cooperate with the Commission to monitor the implementation of this Directive and to exchange experiences and best practices on how to ensure victims’ compensation and the use of confiscated properties for public or social purposes.
Amendment 141 #
2022/0167(COD)
Proposal for a directive
Article 24 – paragraph 2 – point b a (new)
Article 24 – paragraph 2 – point b a (new)
(b a) measures taken to ensure the social re-use of confiscated property;
Amendment 142 #
2022/0167(COD)
Proposal for a directive
Article 24 – paragraph 2 – point b b (new)
Article 24 – paragraph 2 – point b b (new)
(b b) measures taken to ensure that the confiscated property is used to compensate the victims;
Amendment 143 #
2022/0167(COD)
Proposal for a directive
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3 a. The Commission ensures that recovery offices, asset management offices, and other competent authorities meet on a regular basis to support the implementation of the national strategies on asset recovery.
Amendment 218 #
2022/0115(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to craft and industrinon- agricultural products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724 _________________ 24 Council Regulation (EEC) N0 2685/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff Regulation (OJ L 256, 7.9.1987 p.1)
Amendment 221 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 226 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) ‘non-agricultural products’ means products, whether or not semi-finished, or the provision of services, excluding agricultural products and the provision of commercial services, intermediation services in the movement of goods or services ancillary to those operations, public supply of food and beverages or in any case all products not listed in Annex I to the Treaty on the Functioning of the European Union and those listed in Annex I to Regulation (EU) No 1151/2012 of the European Parliament and of the Council, Regulation (EU) No 1308/2013 and Regulation (EU) 2019/787 of the European Parliament and of the Council.
Amendment 228 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
Amendment 236 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘productionqualifying step’ means any stage of production, processing or preparation, up to the point, where the product is in a form to be placed on the internal market that, according to the specification, confers on the product those specific attributes that establish its link with a given quality, feature or characteristic and the geographical origin referred to in Article 5(b);
Amendment 269 #
2022/0115(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) at least one of the productionqualifying steps of the product takes place in the defined geographical area.
Amendment 276 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall ensure that the administrative burdens associated with the procedures for registering Geographical Indications are kept to a minimum in order to facilitate the registration of the products referred to in Article 2(1);
Amendment 330 #
2022/0115(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where a Member State charges a fee, the level of the fees shall be reasonable,avoid placing an excessive burden on businesses in order to foster the competitiveness of the producers of the geographical indications and shall take into account the situation ofs much as possible and shall consider the specific factors affecting micro, small and medium- sized enterprises.
Amendment 499 #
2022/0115(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 504 #
2022/0115(COD)
Proposal for a regulation
Article 39
Article 39
Amendment 518 #
2022/0115(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
Amendment 301 #
2022/0051(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) This Directive should ensure equal treatment and a level playing field within the single market.
Amendment 352 #
2022/0051(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Under this Directive, EU companies with more than 500 employees on average and a worldwide net turnover in the EU exceeding EUR 150 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 40 million worldwide net turnover in the EU in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, companies operating in such high- impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103, should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. _________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
Amendment 465 #
2022/0051(COD)
Proposal for a directive
Recital 55 a (new)
Recital 55 a (new)
(55a) In order to effectively prevent adverse impacts on human rights and the environment, Member States shall provide for the issuing of court injunctions where companies fail to carry out due diligence in line with this directive.
Amendment 472 #
2022/0051(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to ensure effective compensation of victims of adverse impacts, Member States should be required to lay down rules governing the civil liability of companies for damages arising due to its failure to comply with the due diligence process. The company should be liable for damages if they failed to comply with the obligations to prevent and mitigate potential adverse impacts or to bring actual impacts to an end and minimise their extent, and as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures occurred and led to damage. The burden of proving compliance with obligations to prevent and mitigate potential adverse impacts or bring actual impacts to an end and minimise their extent should lie with the respondent company.
Amendment 546 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the company had more than 500 employees on average and had a net worldwideEU turnover of more than EUR 150 million in the Union in the last financial year for which annual financial statements have been prepared;
Amendment 556 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholds under point (a), but had more than 250 employees on average and had a net worldwideEU turnover of more than EUR 40 million in the Union in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnover was generated in one or more of the following sectors:
Amendment 670 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental impact’: means an adverse impact on the environment resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex, Part II, and of EU environmental legislation;
Amendment 710 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘consolidated business relationship’: means a business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillaryrepresents a part of the value chain;
Amendment 731 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’: means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘valuesupply chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The valuesupply chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
Amendment 790 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q a (new)
Article 3 – paragraph 1 – point q a (new)
(qa) ‘Complaint handling mechanism’ means an early warning system to raise awareness of risks, which allows interested parties, including whistle- blowers, to raise concerns about possible infringements of the obligations set out in this Directive;
Amendment 899 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 966 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point e a (new)
Article 7 – paragraph 2 – point e a (new)
(ea) establish a complaint-handling mechanism as an early warning system to raise awareness of risks;
Amendment 1011 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 1026 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where the adverse impact cannot be brought to an end, Member States shall ensure that companies minimise the extent of such an impact and henceforward desist from the activities that caused it.
Amendment 1038 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be in a manner commensurate with and proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact;
Amendment 1116 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 1127 #
Amendment 1139 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies establish a complaints- handling mechanism that provides the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value chains.
Amendment 1179 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the companies establish a proceduremechanism for dealing with complaints referred to in paragraph 1, including a procedure when the company considers the complaint to be unfounded, and inform the relevant workers and, trade unions and interested parties of those procedures. Member States shall ensure that where the complaint is well-founded, the adverse impact that is the subject matter of the complaint is deemed to be identified within the meaning of Article 6.
Amendment 1256 #
2022/0051(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11a Relationship with national law 1. This Directive shall not prevent Member States from maintaining or adopting more stringent provisions in relation to the prevention and remedying of adverse impacts on human rights and on the environment, including the identification of additional activities to be subject to the prevention requirements of this Directive and the identification of additional responsible parties. 2. This Directive shall not prevent Member States from taking appropriate measures to remedy adverse impacts on human rights and the environment.
Amendment 1418 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall lay down the rules on sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive. sufficiently dissuasive, commensurate with the seriousness of the infringements and effective. They shall include fines and other sanctions, such as: (a) exclusion from entitlement to public benefits or aid; (b) temporary or permanent exclusion from access to public funding, including tender procedures, grants and concessions; (c) temporary or permanent disqualification from the practice of commercial activities;
Amendment 1472 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Member States shall ensure that companies are liable for damages if: they have failed to comply with the obligations laid down in Articles 7 and 8.
Amendment 1475 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
Amendment 1480 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
Amendment 1533 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
4a. Member States shall ensure that the burden of proving that all reasonable steps have been taken to ensure compliance with the obligations laid down in Articles 7 and 8 of this Directive is borne by the respondent company.
Amendment 6 #
2021/2235(INI)
Motion for a resolution
Recital I
Recital I
I. whereas combating all forms of money laundering, financing of terrorism and organised crime and harmful tax practices should remain a constant priority of the EIB;
Amendment 21 #
2021/2235(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls, with a view to facilitating the energy transition and the achievement of the Paris targets, on the EIB to prevent any support being given to highly polluting projects using fossil fuels and to favour green projects;
Amendment 39 #
2021/2235(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on the EIB to make full use of its toolkit to combat tax avoidance for projects financed in third countries;
Amendment 40 #
2021/2235(INI)
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Maintains that international financial institutions have to eliminate the risk that EU funding might directly or indirectly contribute to tax evasion and tax fraud;
Amendment 45 #
2021/2235(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 46 #
2021/2235(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes that the EIB Group Anti- Money Laundering and Combating Financing of Terrorism (AML-CFT ) Framework was revised in December 2020, taking stock of the 5th AML Directive, and that a comprehensive EIB Group AML- CFT and organised crime policy was adopted in July 2021; takes the view that effective coordination with other relevant competent authorities is material to the success of the policy;
Amendment 49 #
2021/2235(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Reiterates its calls for the extension of the right of access to information by the European Court of Auditors (ECA) and the European Parliament in respect of EIB operations implementing EU policies; regrets the fact that the Commission and the EIB refer to the definition of the ECA’s mandate as laid out in the TFEU in order to prevent the Court from accessing information related to EIB operations whose sole reason to exist is the implementation of the EU policies;
Amendment 50 #
2021/2235(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Calls on the EIB to improve the transparency of its activities by adopting a transparency register for public scrutiny of organisations seeking to influence the legislative process and to prevent cases of corruption or conflict of interest;
Amendment 65 #
2021/2235(INI)
Motion for a resolution
Paragraph 54 a (new)
Paragraph 54 a (new)
54a. Reiterates its call for the EIB to apply more stringent tax transparency standards; stresses the need to make the disbursement of direct and indirect loans conditional on the publication of country- by-country tax and accountancy data, and on the disclosure of information on beneficial ownership by the beneficiaries and financial intermediaries involved in financing operations, without any derogations;
Amendment 35 #
2021/2234(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Points out that complete transparency in accounting for expenditure is essential, particularly with regard to infrastructure works financed directly through EU funds or financial instruments; calls on the Commission to provide for EU citizens to have full access to information on co-financed projects;
Amendment 37 #
2021/2234(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Stresses the need for complete transparency in accounting for the transfers and loans provided for under the Recovery and Resilience Facility (RRF) and calls on the Commission to provide for the European Parliament to have full access to information;
Amendment 50 #
2021/2234(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission to provide for proper legal protection for investigative journalists along the lines of that provided for whistleblowers;
Amendment 51 #
2021/2234(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Considers it advisable, with a view to both improving data collection and making controls more effective, for Member States to cooperate more closely with regard to exchanges of information;
Amendment 52 #
2021/2234(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
Amendment 53 #
2021/2234(INI)
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Points out that many Member States do not have specific laws against organised crime, while organised crime's involvement in cross-border activities and sectors affecting the EU’s financial interests is constantly growing;
Amendment 65 #
2021/2234(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Points out that, to prevent problems relating to overlapping and delays in proceedings, the cooperation agreements between OLAF and the EPPO should provide for a clear separation of powers;
Amendment 72 #
2021/2234(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Highlights the role of the EPPO in the new anti-fraud infrastructure; notes, moreover, the working arrangements agreed in 2020 and signed in July 2021 between the EPPO and OLAF, especially as regards the exchange of information, case management and operational cooperation; welcomes the agreement between Europol and the EPPO which entered into force on 19 January 2022 and the agreement between Europol and OLAF which entered into force on 9 October 2020;
Amendment 77 #
2021/2234(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Calls on OLAF, the EPPO, AFCOS, and the responsible EU agencies, along with Europol, to keep strengthening the exchange of information, to reciprocate support and ensure complementarity in their operational activities as agreed in the established working arrangements and regulations;
Amendment 89 #
2021/2234(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Stresses the need to make the disbursement of direct and indirect loans conditional on the publication of country- by-country tax and accountancy data, and on the disclosure of information on beneficial ownership by the beneficiaries and financial intermediaries involved in financing operations;
Amendment 92 #
2021/2234(INI)
Motion for a resolution
Paragraph 41 b (new)
Paragraph 41 b (new)
41b. Takes the view that funds should be repaid whenever cases of corruption or fraud have been proven;
Amendment 99 #
2021/2234(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Europol, EPPO, OLAF, Eurojust and other EU bodies and agencies shall help the Member States and interested parties to protect the EU's financial interests in the implementation of NGEU; welcomes the Next Generation EU - Law Enforcement Forum (NGEU-LEF), a joint initiative co-led by Europol and Italy; the forum brings together the EU's Member States, Europol, OLAF, Eurojust and CEPOL with the aim of establishing a joint way forward in preventing and countering all threats to the NGEU funds and, more broadly, to the EU's financial well-being;
Amendment 101 #
2021/2234(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45a. Welcomes the Operation Sentinel organised by Europol in cooperation with EPPO, Eurojust and OLAF, along with 21 Member States; the goal of the operation is to map vulnerabilities inherent to the national allocation systems, detect fraud schemes used to target the fund allocation system and support high-priority investigations concerning high-value targets;
Amendment 227 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Is deeply concerned by the increasing level of corruption in certain Member States and the infiltration of organised crimes in the economy and public sector; reiterates that corruption is a serious threat to democracy, European funds and the rule of law; calls on the Commission to support and encourage appropriate instruments to the Member States in order to repress corruption and corruption-related crimes in a more consistent and effective manner;
Amendment 233 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Underlines that corruption is a powerful ally of organised crime and the COVID-19 pandemic significantly increased the risk of corruption and corruption-related crimes being committed to further infiltrate the legal economy; therefore urges the Commission to create stronger legislation to counter organised crime, especially the more aggressive type such as mafia-style crime;
Amendment 269 #
2021/2180(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Urges the Commission to provide an assessment of the efficiency and effectiveness of the national frameworks for the protection of media freedom and media pluralism; it’s concerned for the political independence of the media as editorial lines reflect the strong polarization of the political scene in some Member States; stresses the importance to prevent the risk of further fostering the concentration of information in the hands of a few and preventing the spread of free and independent information;
Amendment 270 #
2021/2180(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. It’s concern about the persisting, and in some case increasing, number of acts of intimidation against journalists - including Slapp - in several Member States and that often lead to self- censorship and undermine freedom of expression; recalls on this regards that the growing deterioration of media freedom have so far resulted in the murder of investigative journalist in some Member States; urges the Commission to act swiftly with anti-Slapp legislation, as also requested by this Parliament;
Amendment 271 #
2021/2180(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Calls the Commission to monitor the protection scheme for whistleblowers who report organised crime, corruption and money laundering offences; to adapt appropriate instruments, procedures and encourage effective protection of whistleblowers for both public and private sector; welcomes the initiation of infringement procedures against countries that do not protect adequately;
Amendment 5 #
2021/2152(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes from the Court’s report the emphasis of matter drawing attention to the estimate of the total cost for completing its delivery obligations for the ITER project in 2042, assessed by the Joint Undertaking at EUR 17 968 050 000 (in 2020 values) and to the fact that changes in key assumptions concerning the estimate and the risk exposure could lead to significant costs increases and/or to further delays in the implementation of the ITER project; notes that among the key assumptions the ITER baseline approved in November 2016 by the Council of ITER Organization leading to First Plasma in December 2025, and the start of the Deuterium-Tritium phase in December 2035 is maintained; notes in contrast that the 2010 baseline estimated the achievement of the construction phase in 2020, and that the current ITER baseline approved in 2016 is considered to be the earliest possible technically achievable date; calls on the Joint Undertaking to report to the discharge authority of any development in that regard; notesstresses with concern that the Court’s report refers to in particular changes in nuclear safety requirements that are under the ultimate authority of the French Nuclear Safety Authority, the cost estimate for the Hot Cell Complex which has not been revised, as well as requirement changes which prevent the joint undertaking from developing a credible cost estimate;
Amendment 13 #
2021/2152(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is aware of the fact that in addition to the construction phase, the Joint Undertaking will have to contribute to the ITER operational phase after 2035 and to the subsequent ITER deactivation and decommissioning phases; notes that the contribution to the deactivation and decommissioning phases were estimated, respectively, at EUR 95 540 000 and EUR 180 200 000 (at 2001 values); questions whether the project is actually suitable, not least in view of its environmental impact and the nuclear waste that may need to be disposed of;
Amendment 15 #
2021/2152(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes from the Court’s report that the Joint Undertaking’s calculation method for the 2020 annual membership contributions did not comply with the respective provisions of its Financial Regulation and instead of using the contribution estimates as adopted by the Governing Board, the Joint Undertaking levied the contributions based on a yet to be adopted draft estimate; calls on the Joint Undertaking to comply with the provisions of its Financial Regulation and to report, in a comprehensive and transparent manner, to the discharge authority on the reasons of having departed from the use of the Governing Board estimate; notes from the Joint Undertaking’s reply that it has adopted the measure to approve the draft Single Programming Document for the following year by the last Governing Board of the year to avoid this issue happening again;
Amendment 18 #
2021/2152(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes with concern from the 9th Annual Assessment that the panel of assessors detected a lack of a common project identity and common goal, in particular at managerial level between F4E and the ITER Organization and that these “soft” elements of project management are of central importance; wonders whether this situation might not affect the effectiveness of the project and calls on the Joint Undertaking to report to the discharge authority in that regard; notes furthermore from the Annual Assessment that the Joint Undertaking needs to reinforce its technical core expertise in the fields concerning on- going and future critical activities in relation to functional requirements of ITER Organization and technical specifications and compliance of industrial contractors; calls on the Joint Undertaking to follow the recommendations issued in the annual assessment and to report to the discharge authority in that regard;
Amendment 22 #
2021/2152(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that with a view to preventing and managing conflicts of interest, the Anti-Fraud and Ethics Officer organised a training for new staff and specific training for F4E managers; urges the joint undertaking to keep improving its fraud prevention measures;
Amendment 25 #
2021/2152(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Is concerned by the poor working conditions exposed by trade unions and whistleblowers, and also reported in the media, which are the result of an excessive workload placing staff under stress and pressure and having an impact on their mental health; in this regard, is alarmed by the fact that, in recent months, one employee committed suicide, another attempted suicide and two others suffered heart attacks;
Amendment 26 #
2021/2152(DEC)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Notes that a preliminary internal investigation determined that it was not clear whether the employee's suicide was connected to the working environment, but points out that the same employee left a note in which they made clear that 'burnout at work' was a factor and, in an earlier email to a representative of the Administration dated 22 January 2020, they wrote about their exposure to 'a severe case of harrassment'; believes, therefore, that there needs to be an independent investigation into what went on, as also called for by the F4E Director;
Amendment 27 #
2021/2152(DEC)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Notes that there have been several cases of unjustified dismissal which have resulted in judgments from the Administrative Tribunal of the International Labour Organization (ILO) obliging the ITER Organisation to pay compensation; believes that this conduct not only undermines the principles of fairness which should underpin a joint undertaking in receipt of EU funds, but also damages the financial interest of the Union;
Amendment 28 #
2021/2152(DEC)
Motion for a resolution
Paragraph 16 d (new)
Paragraph 16 d (new)
16d. questions whether staff and experts working for the joint undertaking have true freedom of expression in view of the alleged reprisals against those who have gone public with their doubts about the project;
Amendment 37 #
2021/2152(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes with concern from the Court’s report that the Joint Undertaking’s DACC application has never been subject to an internal control audit, to ensure the compliance of user rights to authorise transactions with delegations assigned to staff and therefore there is a high risk that non-compliance due to breaches of the Joint Undertaking’s delegation policy may not have been identified nor mitigated; notes from the Joint Undertaking’s reply that a validation of the user right is being performed by a third party to provide assurance; calls on the Joint Undertaking to report to the discharge authority in that regard;
Amendment 80 #
2021/2146(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that the European Anti- Fraud Office opened an investigation in 2019 involving the Agency and pinpointed irregularities; reiterates its call on the Agency to fully cooperate with OLAF and to keep the discharge authority informed on any developments that are relevant for the discharge procedure;
Amendment 87 #
2021/2146(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes fromExpresses alarm at the Agency’s replies to the Parliament’s written questions to the effect that in total 17 cases of harassment were reported to the Agency’s competent entities in 2020; calls on the Agency to carefully assess each case, taking a zero-tolerance approach to psychological or sexual harassment; welcomes the training received by the confidential counsellors and the actions undertaken to raise awareness among staff and inform staff on the confidential counsellors; welcomes the online awareness-raising sessions for executive, senior, and middle managers and team leaders, and that dedicated awareness sessions were organised to staff members that signed up for such sessions;
Amendment 3 #
2021/2143(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the Agency continued to strengthen operational cooperation and increase of referral of cases by the liaison prosecutors, resulting in 291 new cases in 2020 , representing a 17 % increase compared to 2019; noteswelcomes the fact that the Agency has reinforced the operational cooperation with its partners and third countries with the appointment of liaison prosecutors from Serbia, Georgia and Albania, and through a 4 % increase in the number of common cases; further notesnotes positively that the network of the Agency contact points increased to 55 countries with the participation of Uzbekistan, Sri Lanka, Mexico and Kosovo; notesis pleased that the Agency has stepped up its cooperation on criminal matters between the Union and its South partner countries by becoming the host of the new phase of the EuroMed Justice Programme;
Amendment 5 #
2021/2143(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the importance of the Agency having suitable human and economic resources at it disposal, not least in view of the increase in its activities;
Amendment 36 #
2021/2115(DEC)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Notes that the EEAS does not hold meetings with organisations and self- employed individuals qualified as lobbyists in line with Article 11 TEU; encourages the EEAS to nevertheless explore the possibility of joining the Union’s transparency register, on the basis of a service level agreement;
Amendment 3 #
2021/2111(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Understands the impact that the pandemic had on the activity of the Union institutions, including the tight deadlines for adopting new legislation and thus, for the consultative committees to deliver their opinions; recalls that the Committee adopted, prior to the approval of its amended procedure, 13 position papers in response to referrals to ensure an effective and timely contribution to the Union response; is aware that the Committee monitors its compliance with the institutional deadlines set for its opinions and that ad hoc measures have been adopted following an internal audit report from 2019; askurges the Committee to report on these measures and other possible actions in this regard; recalls its recommendations made in previous discharge resolutions to enhance the interinstitutional cooperation and consequently the impact of the Committee’s work;
Amendment 6 #
2021/2111(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes the conclusion of the settlement agreements with the two victims of moral harassment in December 2020 and March 2021 respectively; takes note that the last pending point for the full implementation of both settlement agreements depends on an upcoming change to the organisation chart in agreement with the Committee of the Regions and planned for implementation on 1 October 2022; calls onurges the Committee to promptly report to the budgetary authority on the eventual effective enforcement of this point;
Amendment 12 #
2021/2111(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes the Committee’s monthly updates and the follow-up to Parliament’s observations in the 2020 discharge resolution; recalls that the OLAF report on case OC/2018/0666/A.1 only concerns the behaviour of the perpetrator towards the victims and that the judgement delivered by the Court of Justice in case T-377/20 simply examines the validity of the Bureau decision of 9 June 2020; points out that the long handling of the case by the Committee’s administration and particularly the shortcomings in the implementation of internal procedures have therefore in no way been examined or validated; believes that the cases occurred require a more in-depth analysis and strongly reiterates, therefore, its call for an external investigation specifically on the action, or lack thereof, of the administrative hierarchy of the Committee over the extent of the case which led to the flagrant breach of its duty of care towards the staff; urges, further, the Committee to resolve to apply uniform procedures for dealing with cases of harassment so that there are no differences between victims, and with a view to ensuring equal treatment of the accused, independently of factors unrelated to the case;
Amendment 15 #
2021/2111(DEC)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Objects to the rejection by the Committee of the use of the Transparency Register on the grounds that the Committee is a consultative body; urges the Committee to join the transparency register with a view to improving the transparency of its interactions with external interest representatives;
Amendment 1 #
2021/2108(DEC)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Deplores the fact that the Council is still refusing to cooperate with regard to the discharge procedure, forcing Parliament to refuse discharge;
Amendment 3 #
2021/2108(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expresses its concern about the increasing role of the European Council on the legislative files in spite of the fact that this institution has neither a legislative nor an executive function and is not being held accountable because it does not apply the same transparency standards as the Council; regrets the fact that the Transparency Register applies to the Member States’ Permanent Representatives only under voluntary schemes and insists that all Permanent Representations should take an active part in it during and after their Member State’s Council presidency; believes that the existing ethics rules on conflicts of interest, revolving doors and lobby transparency should be strengthened and harmonised; encourages the Council to join the Transparency Register scheme and calls on the Council to refuse to meet with unregistered lobbyists;
Amendment 4 #
2021/2108(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Understands that the Council’s budget is mostly administrative with a large part of it being used for expenditure in relation to staff, buildings (including furniture and equipment) and miscellaneous running costs; reiterates its call, made in previous resolutions on the budget, for separate budgets for the European Council and the Council in order to improve transparency, accountability and expenditure efficiency for both institutions;
Amendment 5 #
2021/2108(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that under Article 319 of the TFEU Parliament exercises its prerogatives in the discharge procedures and has the sole responsibility of granting discharge in respect of the implementation of the general budget of the Union, and that the budget of the European Council and of the Council is a section of the Union budget;
Amendment 6 #
2021/2108(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes an increase in the carry-over of appropriations from 2020 to 2021 (12,6 % in comparison to 9,8 %, from 2019 to 2020); reminds the Council that carry- overs are exceptions to the principle of annuality of the Union budget and could be an indicator of budget over-estimations and calls on the Council to step up its efforts to prevent budget overestimates;
Amendment 7 #
2021/2108(DEC)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
Amendment 29 #
2021/2108(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Shares the Court’s concern about the absence of a common Union ethical framework governing the work of Member States’ representatives in the Council, expressed in the Court’s Special Report no 13/2019; recalls the Council’s obligation to deal with and resolve high-level conflicts of interest, and revolving doors and to extend the existing mandatory lobby transparency rules;
Amendment 171 #
Amendment 179 #
2021/2107(DEC)
Motion for a resolution
Paragraph 88 a (new)
Paragraph 88 a (new)
88a. Notes that the number of cybersecurity attacks is rising sharply and that those attacks can cause considerable damage to the European Parliament's IT systems, to the extent that they affect the institution's ability to function;
Amendment 180 #
2021/2107(DEC)
Motion for a resolution
Paragraph 47 b (new)
Paragraph 47 b (new)
47a. Notes with concern the critical issues raised by the Secretary-General of the European Parliament regarding cybersecurity problems; notes that Parliament is currently understaffed in that area;
Amendment 181 #
2021/2107(DEC)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47b. Encourages Parliament to quickly take all appropriate measures to bolster both its IT structure and its cybersecurity staff;
Amendment 42 #
2021/2103(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Condemns all attempts by Member States to control civil society actors and discriminate between them on a political basis, including by over-regulating the sector;
Amendment 56 #
2021/2103(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Strongly condemns, in particular, the adoption by Hungarian and Polishthe Member State authorities of acts and measures that restrict the access of non- governmental organisations to funding and that target LGBTIQ+ persons and activists;
Amendment 84 #
2021/2103(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines that civil society actors are increasingly subjected to targeted violence, whether by police forces or private parties and to attempts made to delegitimise or discredit them in public;
Amendment 90 #
2021/2103(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Deplores the use of hate speech and ‘haters’ in public to restrict the activities of civil society actors at institutional, political and journalistic levels;
Amendment 105 #
2021/2103(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for the immediate removal by the Member States of laws and regulations that heighten the use of violence against demonstrators and restrict the freedom to demonstrate;
Amendment 47 #
2021/2071(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Urges the Commission to react swiftly to the ongoing severe violations of the principles of rule of law in some Member States causing a serious danger for the fair, legal and impartial distribution of EU funds.;
Amendment 56 #
2021/2071(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses the importance of supporting and strengthening the cooperation between the EU institutions, the Member States and the European Anti-Fraud Office (OLAF) and the European Public Prosecutor`s Office (EPPO).
Amendment 76 #
2021/2071(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls on the Commission to address also the persistent violations of democracy and fundamental rights everywhere in the Union, including attacks against media freedom and journalists, migrants, women’s rights, LGBTIQ people’s rights, freedom of association and assembly;
Amendment 26 #
2021/2048(REG)
Parliament's Rules of Procedure
Rule 214 – interpretation – paragraph 2
Rule 214 – interpretation – paragraph 2
In all cases, in order to guarantee that non-attached Members must be guaranteedhave access to information, in accordance with the principle of non- discrimination, through the supply of information and the presence of a member ofey may appoint one non-attached member as an observer. The Chair can give the non- attached Members’ secretariat at coordinator meetings acting as an observer the opportunity to express his or her view.
Amendment 158 #
2021/2036(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that SLAPPs constitute a misuse of Member States’ justice systems and legal frameworks, especially for successfully addressing ongoing common challenges outlined in the Justice Scoreboard, such as caseload administration and case backlogs; recalls that a properly functioning justice system delivers judgements without undue delay, and manages judicial resources so as to maximise efficiency, and that this is only possible where judges and judicial bodies are not burdened with the handling of claims that are later on dismissed as abusive and lacking in legal merit; calls on the Member States, in order to reduce the risk of abuse of process, shorten waiting times and reduce caseloads for prosecutors and/or courts, to introduce the option for judicial authorities to carry out a prior assessment of SLAPP cases in order to declare them inadmissible if they take the view that the legal action is manifestly unfounded or abusive; considers that such prior assessment could be based on objective criteria, such as the number and nature of lawsuits or actions brought by the claimant, the choice of jurisdiction and law applicable to the case, or the existence of a clear imbalance of power between the claimant and the defendant;
Amendment 198 #
2021/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated claims, and that they are not initiated for the purposes of obtaining a favourable judicial outcome but rather only to intimidate, professionally discredit, harass, tire out, put psychological pressure on or consume the financial resources of journalists, academics, civil society and NGOs, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; points out that this chilling effect can lead to self- censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with relevant associated activities;
Amendment 206 #
2021/2036(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that litigants that resort to SLAPPs use and abuse criminal defamation laws, civil lawsuits for libel, protection of one’s reputation - including so-called reputational damage - or based on intellectual property rights such as copyright, but also that a variety of other instruments is used to silence public participation, such as labour sanctions (dismissal), criminal charges of tax fraud, tax audit procedures and abuse of data protection rules;
Amendment 233 #
2021/2036(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets that no Member State has so far enacted targeted legislation to provide protection against SLAPPs; notes however that anti-SLAPP legislation is particularly well-developed in the states of the United States, in Australia and Canada; encourages the Commission to analyse anti-SLAPP best practices currently applied outside the EU which could provide valuable inspiration for Union legislative and non-legislative measures on the matter; underlines the importance of committing to the most ambitious legislation and- in order to discourage and put an end to the use of SLAPPs in the Union - of taking an integrated approach that should include the adoption of the most ambitious legislative act possible and the promotion of measures to support the exchange of the best- practices currently in force which would discourage the use of SLAPPs in the Union; , to promote training for judicial authorities for the purpose of raising awareness among judges and prosecutors of SLAPP- related risks, to provide resources for the moral and financial support of SLAPP victims;
Amendment 245 #
2021/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous academics, legal practitioners and victims who point to the need for legislative action against the growing problem of SLAPPs; urgently calls, therefore, for the Brussels I and Rome II Regulations to be amendmentsed in order to prevent ‘libel tourism’ or ‘forum shopping’; urgently calls for the introduction of a uniform choice of law rule for defamation by establishing that the court having jurisdiction and the law applicable to criminal or civil lawsuits concerning defamation, reputational damage and protection of an individual's reputation should be that of the place in which the defendant is habitually resident, as well as for proposals for binding Union legislation on harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights of freedom of expression, association and information in the Union; is concerned that if measures only address lawsuits regarding information, actions based on other civil matters or criminal procedures may still be used;
Amendment 282 #
2021/2036(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Is of the view that such legislation should also include a ban on searches of journalists' homes or offices in connection with their work and should fully protect journalists' professional secrecy with regard to their news sources, even where the disclosure of sources is the subject of indirect requests;
Amendment 284 #
2021/2036(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Considers it important for such a legislative measure to include also provisions, in the event of conviction, to protect the real estate of journalists in order to protect the interests of their families;
Amendment 26 #
2021/2026(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that schemes granting nationality or residence primarily on the basis of a financial investment (CBI/RBI schemes), also known as ‘golden passports’ or ‘golden visas’, are objectionable from an ethical and legal point of view, as well as an economic point of view;
Amendment 37 #
2021/2026(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Deplores the lack of comprehensive security checks, vetting procedures and due diligence in Member States that have CBI/RBI schemes in place; regrets that Member States do not always consult the available Union databases and do not exchange information on the outcome of such checks and procedures, allowing for successive applications across the Union; expresses concern regarding some Member States, where applications for citizenship are often accepted even though the applicants do not meet the security requirements;
Amendment 43 #
2021/2026(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the infringement procedures launched in October 2020 by the Commission against Cyprus and Malta concerning their CBI schemes; calls on the Commission to advance those procedures and to initiate infringement procedures against Member States for RBI schemes, where justified; calls on the Commission, too, to carefully monitor Bulgaria’s CBI/RBI scheme;
Amendment 46 #
2021/2026(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that Union anti-money laundering law is a crucial elementone of the main elements needed to counter the risks posed by CBI/RBI schemes; welcomes the fact that the Commission’s package of legislative proposals of 20 July 2021 on anti-money laundering and on countering the financing of terrorism addresses RBI schemes, most notably by promoting the inclusion of intermediaries on the list of obliged entities; considers, however, that gaps will still remain, such as the fact that public entities that process CBI/RBI applications will not be included on the list of obliged entities;
Amendment 22 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses, in line with the Report, that effective justice systems which are independent and efficient are essential for upholding the rule of law; highlights, in particular, the need for the judiciary to be able to exercise its functions with full autonomy, without intervention from any other institution or body, in accordance with the principle of separation of powers; stresses how important it is that appointments and careers do not have a de facto influence on the judiciary's autonomy and independence;
Amendment 23 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses, in line with the Report, that effective justice systems which are independent and efficient, in both form and substance, are essential for upholding the rule of law; highlights, in particular, the need for the judiciary to be able to exercise its functions with full autonomy, without intervention from any other institution or body, in accordance with the principle of separation of powers;
Amendment 24 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses, in line with the Report, that effective justice systems which are independent and efficient are essential for upholding the rule of law; highlights, in particular, the need for the judiciary to be able to exercise its functions with full autonomy, without intervention from any other institution or body, including of a political nature, in accordance with the principle of separation of powers;
Amendment 30 #
2021/2025(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Commission’s first Rule of Law Report (2020 report) is limited in scope, as it does not cover all Union values as provided for in Article 2 of the TEU; whereas the Charter of Fundamental Rights of the European Union became a fully-fledged component of the Treaties when the Treaty of Lisbon came into force, and is therefore now legally binding on the institutions, agencies and other bodies of the EU and on the Member States when EU legislation is applied; whereas a genuine fundamental rights culture must be developed, fostered and strengthened in the EU institutions, but also in the Member States, in particular when they apply EU law domestically and in their relations with non-EU countries;
Amendment 42 #
2021/2025(INI)
Motion for a resolution
Recital E
Recital E
E. whereas without effective follow- up under an annual monitoring cycle, the 2020 report may fail tothe report is an integral part of an annual monitoring cycle which has to be followed up in order to prevent and effectively address systemic challenges and backsliding on the rule of law as witnessed in several EU Member States in recent years;
Amendment 55 #
2021/2025(INI)
6a. Considers that some forms of crime may distort the rule of law, calls on the Commission therefore to include in its next report a priority list of criminal threats of this kind, in order to find joint actions for a coordinated response to them;
Amendment 55 #
2021/2025(INI)
1. Welcomes the Commission’s first annual Rule of Law Report as part of the wider; considers it vital to establish European rule of law monitoring and enforcement architecture, as it adds an important, potentially preventive tool to the Union’s rule of law toolbox in the EU; reiterates the importance of identifying in advance and preventing violations of fundamental rights and the rule of law instead of reacting ex post when such violations are repeated;
Amendment 59 #
2021/2025(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that Article 6 TEU requires the EU to accede to the ECHR; calls on the Commission and the Council to ensure that the aforementioned obligation is met as quickly as possible, on the basis of full transparency and with the aim of enhancing the protection of individuals and making the European institutions more accountable for their actions or failings regarding fundamental rights;
Amendment 102 #
2021/2025(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the monitoring of the independence, quality and efficiency of the Member States’ justice systems; considers that the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level; points out that the right to access to justice is vital for the protection of all fundamental rights, democracy and the rule of law; calls for direct, easily accessible instruments to be made available to individuals to counter violations of their fundamental rights by Member States, without giving the national courts or the EU institutions any margin of discretion; considers that the reports should go beyond a static annual snapshot and include information on relevant antecedents in the country chapters;
Amendment 107 #
2021/2025(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the fact that appointment methods, in addition to mechanisms governing career advancement, disciplinary procedures and sanctions, have also been identified as indicators of judicial independence; stresses that the monitoring of these parameters must be constant in order to verify the real autonomy of the judiciary;
Amendment 135 #
2021/2025(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Reiterates that corruption is a serious threat to democracy, the rule of law and fair treatment for all citizens; stresses that, by diverting public funds away from their intended public use, corruption detracts from the level and quality of public services, thereby undermining fundamental rights; calls on the Member States and institutions to devise effective ways of combating corruption, regularly monitoring the use made of both European and national public funds;
Amendment 143 #
2021/2025(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Welcomes the fact that the Commission has recognised that corruption is a powerful ally of organised crime and therefore urges the Commission to create stronger legislation to counter organised crime, especially the more aggressive type such as mafia-style crime;
Amendment 146 #
2021/2025(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
Amendment 149 #
2021/2025(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the inclusion in the report of a specific chapter on monitoring media freedom and pluralism; urges the Commission to provide an assessment of the efficiency and effectiveness of the national frameworks for the protection of media freedom and media pluralism; stresses the importance of monitoring the situation of the media in the Member States in order to prevent the risk of further fostering the concentration of information in the hands of a few and preventing the spread of free and independent information;
Amendment 158 #
2021/2025(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the lack of assessment as regards the public media sector at national level and its degree of independence from government or any other interference and an assessment of transparency of media ownership; stresses how important it is for the Commission to monitor the existence of conflict-of-interest laws in the Member States, urging those without such laws to introduce them; believes that proper implementation of Article 30 of the 2018 Audiovisual Media Services Directive19 should be closely monitored; _________________ 19OJ L 303, 28.11.2018, p. 69.
Amendment 165 #
2021/2025(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is alarmed by the growing deterioration of media freedom and media pluralism in some Member States since the publication of the 2020 report; observes with concern that challenges to media freedom are interlinked with the undermining of artistic freedom and academic freedom; calls, therefore, for this pillar to be expanded to all aspects of freedom of expression and for the title of the pillar to be adapted accordingly; is concerned about the disinformation campaigns and uncontrolled spread of fake news in Europe during the COVID- 19 pandemic, which was primarily targeted at the governments of certain EU countries;
Amendment 168 #
2021/2025(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Expresses concern about the threats and physical attacks against journalists in several Member States, as well as the growing practice of strategic lawsuits against public participation (SLAPP), against which the Commission should urge Member States to legislate in order to protect journalists from this practice, for the purpose of effectively defending the freedom of journalists to inform and the right of citizens to be informed;
Amendment 217 #
2021/2025(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reiterates its insistence on the need for a single monitoring mechanism on democracy, the rule of law and fundamental rights, as proposed by Parliament, to cover the full scope of Article 2 TEU values; expresses regret and concern about the Commission's reluctance to initiate infringement proceedings with regard to the violations of the Charter;
Amendment 77 #
2021/0422(COD)
(2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasingly extending beyond the borders of the Member States in which the offences are committed. Such offences pose a threat to the environment and therefore call forpose a threat to the environment, are highly profitable for those who commit them and are difficult to detect, and their commission does not carry high penalties. These factors contribute to promoting environmental crime and the organised criminal groups that profit from it, making it necessary to provide an appropriate and effective response.
Amendment 83 #
2021/0422(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The existing systems of penalties under Directive 2008/99/EC of the European Parliament and of the Council20 and environmental sectoral law have not been sufficient in all environmental policy area to achieve compliance with Union law for the protection of the environment. Compliance should be strengthened by the availability of criminal penalties that are sufficiently dissuasive and commensurate with the seriousness of the offences, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties. _________________ 20 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
Amendment 95 #
2021/0422(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to constitute an environmental offence under this Directive, conduct should be unlawful under Union law protecting the environment or national laws, administrative regulations or decisions giving effect to that Union law. The conduct which constitutes each category of criminal offence should be defined and, where appropriate, a threshold which needs to be met for the conduct to be criminalised should be set. Such conduct should be considered a criminal offence when committed intentionally and, in certain cases, also when committed with serious negligence. Illegal conduct that causes death or serious injury of persons, substantial damage or a considerable risk of substantial damage for the environment or is considered otherwise as particularly harmful to the environment constitutes a criminal offence when committed with serious negligence. Member States remain free to adopt or maintain more stringent criminal law rules in that area.
Amendment 101 #
2021/0422(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The environment should be protected in a wide sense, as set out under Article 3 (3) TEU and Article 191 TFEU, to ensure that environmental damage can be prevented and remedied at a reasonable cost to society and based on the ‘polluter pays’ principle. This should covering all natural resources -— air, water, soil, wild fauna and flora including habitats -— as well as services provided by natural resources.
Amendment 172 #
2021/0422(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum rules concerning the definition of criminal offences against the environment and sanctions in order to protect theevent and fight environmental crime more effectively.
Amendment 202 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the discharge, abandonment, emission or introduction of a quantity of materials or substances or ionising radiation into air, soil or water which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 212 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) the illegal causing of significant and measurable impairment or deterioration: of water or air, or of extensive areas of soil or subsoil; of an ecosystem, of biodiversity, including agricultural biodiversity, of flora or fauna;
Amendment 213 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b b (new)
Article 3 – paragraph 1 – point b b (new)
(bb) the illegal causing of an irreversible alteration in the balance of an ecosystem, where the elimination of that alteration would be particularly costly and achievable only using exceptional measures; an offence against public safety by reason of the scale of the action in terms of the extent of the impairment or its damaging effects or the number of persons injured or exposed to danger, taking into account the time element;
Amendment 233 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) the failure to clean up, restore or recover the site where there is a legal obligation to do so or an order by a judicial authority requiring such action;
Amendment 285 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall ensure that the conduct referred to in paragraph 1, points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (m), (n), (p) (ii), (q), (r) also constitutes a criminal offence, when committed with at least serious negligence.
Amendment 322 #
2021/0422(COD)
2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least ten years if they cause or are likely to cause death or serious injury to any person. or ecocide;
Amendment 347 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(c) temporary or permanent exclusions from access to public funding, including tender procedures, grants and concession, concessions, licenses and European and national public procurement as well as subcontracts;
Amendment 358 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point g
Article 5 – paragraph 5 – point g
(g) national or Union-wide publication of the judicial decision relating to the conviction or any sanctions or measures applied., and is also indicated in the chamber of commerce record;
Amendment 424 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) the offence was committed in the framework of a criminal (even mafia- style) association seeking to take over the management or control of economic activities, concessions, licences, tenders or public services;
Amendment 446 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall take the necessary measures to provide for a limitation period that enables the investigation, prosecution, trial and judicial adjudication of criminal offences referred to in Articles 3 and 4 for a sufficient period of time after the commission of those criminal offences were discovered, in order for those criminal offences to be tackled effectively.
Amendment 456 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least ten years of imprisonment, for a period of at least ten years from the time when the offence was committdiscovered, when offences are punishable;
Amendment 462 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least six years of imprisonment, for a period of at least six years from the time when the offence was committdiscovered, when offences are punishable;
Amendment 469 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least four years of imprisonment, for a period of at least four years from the time when the offence was committdiscovered, when offences are punishable.
Amendment 472 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 520 #
2021/0422(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14 a Burden of proof Member States shall ensure that their national legislation specifies that if the crime is connected on the basis of scientific studies and analysis to specific diseases causing health damage or death, the burden of proving the lack of etiological link is on the perpetrator;
Amendment 530 #
2021/0422(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases, are also available for investigating or prosecuting offences referred to in Articles 3 and 4. Member States shall take the necessary measures to set up a unit specialising in environmental crimes within their national Europol and Eurojust offices.
Amendment 260 #
2021/0250(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The accuracy of data included in the beneficial ownership registers is fundamental for all of the relevant authorities and other persons allowed access to that data, and to make valid, lawful decisions based on that data. Therefore, where sufficient reasons arise, after careful analysis by the registrars, to doubt the accuracy of the beneficial ownership information held by the registers, legal entities and legal arrangements should be required to provide additional information on a risk-sensitive basis. In addition, it is important that Member States entrust the entity in charge of managing the registers with sufficient powersthe obligation to verify beneficial ownership and the veracity of information provided to it, and to report any suspicion to their FIU. Such powThe powers of entities in charge of managing the registers should extend to the conduct of inspections at the premises of the legal entities.
Amendment 270 #
2021/0250(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Public access to beneficial ownership information can allow greater scrutiny of information by civil society, including by the press or civil society organisations, and contributes to preserving trust in the integrity of the financial system. It can contribute to combating the misuse of corporate and other legal entities and legal arrangements for the purposes of money laundering or terrorist financing, both by helping investigations and through reputational effects, given that anyone who could enter into a business relationship is aware of the identity of the beneficial owners. It may also facilitate the timely and efficient availability of information for obliged entities as well as authorities of third countries involved in combating such offences. The access to that information would also help investigations on money laundering, associated predicate offences and terrorist financing. Therefore, Member States need to provide free access to the public in a readily usable, machine- readable format, to the beneficial ownership registers for companies, trusts, and other legal arrangements.
Amendment 274 #
2021/0250(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Confidence in financial markets from investors and the general public depends in large part on the existence of an accurate disclosure regime that provides transparency in the beneficial ownership and control structures of corporate and other legal entities as well as certain types of trusts and similar legal arrangements. Member States should therefore allow access to beneficial ownership information in a sufficiently coherent and coordinated way, by establishing confidence rules of access by the public, so that third parties are able to ascertain, throughout the Union, who are the beneficial owners of corporate and other legal entities as well as, provided that there is a legitimate interest, of certain types of trusts and similar legal arrangements.
Amendment 422 #
2021/0250(COD)
Proposal for a directive
Article 8 – paragraph 4 – point b a (new)
Article 8 – paragraph 4 – point b a (new)
(ba) Identify the typical ownership and control structure of local legal persons, considering, at least: the number of layers, the type of legal vehicle in each layer (e.g., company, trust, partnership, etc.), the nationality of layers, the number of legal owners and beneficial owners and their nationality and residence;
Amendment 446 #
2021/0250(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) data measuring the reporting, investigation and judicial phases of the national AML/CFT regime, including the number ofand value of transactions involved in suspicious transaction reports made to the FIU, the follow-up given to those reports, the information on cross- border physical transfers of cash submitted to the FIU in accordance with Article 9 of Regulation (EU) 2018/1672 together with the follow-up given to the information submitted and, on an annual basis, the number of cases investigated, the number of persons prosecuted, the number of persons convicted for money laundering or terrorist financing offences, the types of predicate offences identified in accordance with Article 2 of Directive (EU) 2018/1673 of the European Parliament and of the Council45 where such information is available, and the value in euro of property that has been frozen, seized or confiscated; _________________ 45 Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law (OJ L 284, 12.11.2018, p. 22).
Amendment 455 #
2021/0250(COD)
Proposal for a directive
Article 9 – paragraph 2 – point h a (new)
Article 9 – paragraph 2 – point h a (new)
(ha) Number of discrepancies reported to the Central Register pursuant to Article 10, including measures or sanctions imposed by the entity in charge of the central register pursuant to Article 10 (9).
Amendment 456 #
2021/0250(COD)
Proposal for a directive
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. Member States shall ensure that the statistics referred to in paragraph 2 are collected and transmitted to the Commission on an annual basis. The statistics referred to in paragraph 2, points (a), (c), (d) and (f), shall also be transmitted to AMLA.
Amendment 472 #
2021/0250(COD)
Amendment 475 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 488 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Commission is empowered to adopt, by means of implementing acts, the format for the submission of beneficial ownership information to the central register. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 54(2). By [1 year after the date of transposition of this Directive] the Commission shall adopt an implementing act.
Amendment 495 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 5 – point a
Article 10 – paragraph 5 – point a
Amendment 569 #
2021/0250(COD)
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) in case of express trusts or similar legal arrangements, the name, the month and year of birth and the country of residence and nationality of the beneficial owner as well as the nature and extent of the beneficial interest held, provided that a legitimate interest can be demonstrated.
Amendment 572 #
2021/0250(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 610 #
2021/0250(COD)
Proposal for a directive
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) the common criteria according to which beneficial ownership information is available through the system of interconnection of registers, depending on the level of access granted by Member States;
Amendment 616 #
2021/0250(COD)
Proposal for a directive
Article 15 – paragraph 1 – point e
Article 15 – paragraph 1 – point e
(e) the technical modalities to implement the different types of access to information on beneficial ownership in accordance with Articles 11 and 12 of this Directive, including the authentication of users through the use of electronic identification means and relevant trust services as set out in Regulation (EU) 910/2014; this should not prevent users from other Member States to access information;
Amendment 618 #
2021/0250(COD)
Amendment 631 #
2021/0250(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States shall provide competent authorities with access to information which allows the identification in a timely manner, direct, unrestricted, and free access to the information of any natural or legal person owning real estate and the beneficial owners of thereof, including through registers or electronic data retrieval systems where such registers or systems are available. Competent authorities shall also have access to information allowing the identification and analysis of transactions involving real estate, including their economic value and details of the natural or legal persons involved in those transactions including, where available, whether the natural or legal person owns, sells or acquires real estate on behalf of a legal arrangement.
Amendment 639 #
2021/0250(COD)
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. By [3 years after the date of transposition of this Directive], Member States shall ensure that information referred to in paragraph 1 is held in a register in machine-readable format. Information may be collected in accordance with national systems.
Amendment 882 #
2021/0250(COD)
Proposal for a directive
Article 38 – paragraph 3 – point b
Article 38 – paragraph 3 – point b
(b) issue instructions to a self- regulatory body for the purpose of remedying a failure to perform its functions under Article 29(1) or to comply with the requirements of paragraph 5 and 6 of that Article, or to prevent any such failures. When issuing such instructions, the authority shall consider any relevant guidance it provided or that has been provided by AMLA.
Amendment 895 #
2021/0250(COD)
Proposal for a directive
Article 40 – paragraph 1 – point d
Article 40 – paragraph 1 – point d
(d) Section 1 of Chapter II (internal controlpolicies, controls and procedures).
Amendment 248 #
2021/0240(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) In the process of directly supervising selected obliged entities, the Authority’s aim shall be to improve the ability of obliged entities as well as supervisors to better understand, manage and mitigate the risks identified. The assessment process may consider different types of risks, with the understanding that some of them might be inherent to the types or products, services or geographical location of customers. To that end, the aim shall not be necessarily a reduction of all types of risks, which could lead to de-risking and severe unintended consequences, including financial exclusion and discriminatory policies.
Amendment 263 #
2021/0240(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The Authority should have the opportunity to request a transfer of supervisory tasks and powers relating to a specific obliged entity on its own initiative, after exhausting other options in case of inaction or failure to follow its instructions within the provided deadline. Since the transfer of tasks and powers over an obliged entity without the specific request of the financiAuthority has the necessary technical suexpervtisor to the Authority would require a discretionary decision on the part of the Authority, the Authority should address a specific request to that end to the Commission. In order for the Commisse for AML/CFT supervisory framework and its supervisory tasks and powers are delegated by this Regulation, to be able to take a decision coherent with the framework of the tasks allocated to the Authority within the AML/CFT framework, the request of the Authority should enclose an appropriate justification, and should indicate a precise duration of the reallocation of tasks and powers towards the Authorityhe Executive Board shall take a decision with an appropriate justification. The timeframe for the reallocation of powers should correspond to the time the Authority requires to deal with the risks at entity level, and should not exceed three years. The Commission should adopt a decision transferring powers and tasks for supervising the entity to the Authority swiftly, and in any case within a month.
Amendment 320 #
2021/0240(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘selected obliged entity’ means a credit institution, a financial institution, or a group of credit or financial institutions at the highest level of consolidation in the Union, , or a crypto-asset service provider, or a non-financial institution, which is under direct supervision by the Authority pursuant to Article 13;
Amendment 326 #
2021/0240(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘non-selected obliged entity’ means a credit institution, a financial institution or a non-financial institution, or a group of credit institutions or financial institutions at the highest level of consolidation in the Union, , or a crypto-asset service provider other than a selected obliged entity;
Amendment 365 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) establish and maintain an interoperational interface to access to registers of certain movable and immovable assets providing information on a minimum set of information, in a predefined format, including beneficial ownership information available at least to competent authorities.
Amendment 369 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) monitor and support the implementation of asset freezes under the Union restrictive measures across the internal market and publish data sets on asset freezes and confiscations;
Amendment 479 #
2021/0240(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. The Authority shall publish the information collected pursuant paragraph 2 point (a), (b), (g) and (h). A summary of non-confidential findings regarding the information collected pursuant paragraph 2 point (c), (d), (e) and (f) shall be made available to obliged entities and to the public.
Amendment 482 #
2021/0240(COD)
Proposal for a regulation
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2b. Competent authorities may share, in accordance with national law, any additional information that they deem relevant to the prevention and countering of the use of the financial system for the purpose of money laundering or terrorist financing with the central database referred to in paragraph 1.
Amendment 487 #
2021/0240(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Authority may request supervisory authorities and other competent authorities to provide other information in addition to that referred to in paragraph 2this article, provided that they have legal access to the relevant information. The information shall be accurate, coherent, complete and timely. Before requesting information in accordance with this Article, and in order to avoid the duplication of reporting obligations, the Authority shall take account of any existing and relevant statistics produced and disseminated by other authorities. The supervisory authorities shall update any provided information.
Amendment 490 #
2021/0240(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. The Authority shall collect information from competent authorities relating to weaknesses identified during ongoing supervision and authorisation procedures in the processes and procedures, governance arrangements, business models and activities of financial sector operators and obliged entities from non-financial sector in relation to preventing and countering money laundering and terrorist financing as well as measures taken by competent authorities, in response to the following material weaknesses with regard to the prevention and countering the use of the financial system for the purpose of money laundering or of terrorist financing;
Amendment 491 #
2021/0240(COD)
Proposal for a regulation
Article 11 – paragraph 3 b (new)
Article 11 – paragraph 3 b (new)
3b. Where information is not available or is not made available by the competent authorities in a timely fashion, the Authority may address a duly justified and reasoned request to other supervisory authorities, to the responsible ministry, to the national central bank or to the statistical office of the Member State concerned.
Amendment 554 #
2021/0240(COD)
Proposal for a regulation
Article 12 – paragraph 4 – introductory part
Article 12 – paragraph 4 – introductory part
Amendment 564 #
2021/0240(COD)
Proposal for a regulation
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) with respect to customer-related risk: the share of non-resident customers, the presence and share of customers identified as Politically Exposed persons (‘PEPs’); and the presence and share of customers located in jurisdictions listed in the EU list of non-cooperative jurisdictions for tax purposes
Amendment 574 #
2021/0240(COD)
Proposal for a regulation
Article 12 – paragraph 4 – point c – point i
Article 12 – paragraph 4 – point c – point i
(i) the annual volume of correspondent and cross-border banking services provided by Union financial sector entities in third countries;
Amendment 676 #
2021/0240(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point i a (new)
Article 20 – paragraph 2 – point i a (new)
(ia) impose a temporary or definitive ban on any person performing managerial duties in a selected obliged entity, or any other natural person, held responsible for the breach, from performing managerial duties in the selected obliged entities.
Amendment 715 #
2021/0240(COD)
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. The Authority shall refer matters for criminal prosecution to the relevant national authorities where, in carrying out its duties under this Regulation, it finds that there are serious indications of the possible existence of facts liable to constitute criminal offences. In such event, the information communicated to the relevant national authorities shall also be transmitted to Europol when two or more Member States are involved in the facts liable to constitute criminal offences; or where the criminal offence is inherently of a cross-border nature. The Authority shall also transmit evidence to the European Public Prosecutor’s Office where such evidence concerns offences in respect of which the European Public Prosecutor’s Office exercises or is permitted to exercise competence in accordance with Council Regulation (EU)2017/1939. In addition, the Authority shall refrain from imposing administrative pecuniary sanctions or periodic penalty payments where a prior acquittal or conviction arising from identical facts, or from facts which are substantially the same, has acquired the force of res judicata as the result of criminal proceedings under national law.
Amendment 722 #
2021/0240(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Authority shall perform periodic assessments of some or all of the activities of one, several, or all financial supervisors, including the assessment of their tools and resources to ensure high level supervisory standards and practices. The assessments shall include a review of the application of the AML/CFT supervisory methodology developed pursuant to Article 8 and shall cover all financial supervisors in a single assessment cycle. The length of each assessment cycle shall be determined by the Authority and shall not exceed seven years. At the end of each assessment cycle, the Authority shall present its findings to the European Parliament.
Amendment 740 #
2021/0240(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Financial supervisors shall make every effort to comply with the specific follow-up measures addressed to them as a result of the assessment. Supervisors shall document the steps taken in order to comply with the follow-up measures addressed to them. Each consecutive assessment shall reflect on the compliance of previously addressed follow-up measures. At the end of each assessment cycle the Authority shall present its findings to the European Parliament.
Amendment 767 #
2021/0240(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Where the financial supervisor concerned does not comply with the request referred to in paragraph 2 and does not inform the Authority of the steps it has taken or intends to take to comply with the request within ten days from the day of the notification of the request, the Authority may request the Commission to grant permisExecutive Board can adopt a reasoned decision to transfer the relevant tasks and powers referred to in Article 5(2) and Article 6(1) related to direct supervision of the non- selected obliged entity from the financial supervisor concerned to the Authority. The Authority shall immediately inform the financial supervisor and the non-selected obliged entity thereof. The decision shall also be communicated to the European Parliament and to the Council.
Amendment 1041 #
2021/0240(COD)
Proposal for a regulation
Article 81 – paragraph 4
Article 81 – paragraph 4
4. The Authority shall, within its powers pursuant to this Regulation and to the legislative acts referred to in Article 1(2), contribute to the united, common, consistent and effective representation of the Union’s interests in international fora, including by assisting the Commission in its tasks relating to Commission’s membership of the Financial Action Task Force and by supporting the work and objectives of the Egmont Group of Financial Intelligence Units. Member states shall fully inform the authority of their bilateral agreements with third countries
Amendment 1055 #
2021/0240(COD)
Proposal for a regulation
Article 87 – paragraph 1 a (new)
Article 87 – paragraph 1 a (new)
1a. The seat of the Agency shall be Rome, Italy
Amendment 220 #
2021/0239(COD)
(65) Detailed rules should be laid down to identify the beneficial owners of corporate and other legal entities and to harmonise definitions of beneficial ownership. While a specified percentage shareholding or ownership interest does not automatically determine the beneficial owners, it should be one factor among others to be taken into account. Member States should be able, however, to decide that a percentage lower than 25% may beThe Commission or Member States shall define based on the assessment of risks the type of sectors and types of legal entities where a lower threshold shall apply as an indication of ownership or control. Control through ownership interest of 25% plus one of the sharesas a defined percentage or voting rights or other ownership interest should be assessed on every level of ownership, meaning that this threshold should apply to every link in the ownership structure and that every link in the ownership structure and the combination of them should be properly examined.
Amendment 361 #
2021/0239(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point l
Article 3 – paragraph 1 – point 3 – point l
(l) investment migration operators permitted to represent or offer intermediation services to third country nationals seeking to obtain residence or citizenship rights in a Member State in exchange of any kind of investment, including capital transfers, purchase or renting of property, investment in government bonds, investment in corporate entities, donation or endowment of an activity to the public good and contributions to the state budget; as well as government agencies directly operating residency by investment or citizenship by investment schemes.
Amendment 404 #
2021/0239(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. By [2 years after the entry into force of this Regulation], AMLA shall issue guidelines on the elements that obliged entities should take into account when deciding on the extent of their internal policies, controls and procedures based on their assessed level of risk, including further guidance on how to define the number of staff entrusted with compliance functions as defined by Article 9, taking into account the size and type of obliged entities and the risk of the sector in which they operate. Considering the specificities of different types of obliged entities covered by Article 3, specific guidelines may be issued.
Amendment 457 #
2021/0239(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. By [2 years after the date of entry into force of this Regulation], AMLA shall develop draft regulatory technical standards and submit them to the Commission for adoption. Those draft regulatory technical standards shall specify the type of additional measures referred to in paragraph 2, including the minimum action to be taken by obliged entities where the law of a third country does not permit the implementation of the measures required under Article 13 and the additional supervisory actions required in such cases. The draft regulatory technical standards shall include a list of third countries where the minimum AML/CFT requirement are deemed equivalent to those set out in this regulation. This list shall be regularly updated.
Amendment 464 #
2021/0239(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In addition to the circumstances referred to in paragraph 1, credit and financial institutions and crypto-asset service providers shall apply customer due diligence when either initiating or executing an occasional transaction that constitutes a transfer of funds as defined in Article 3, point (9) of Regulation [please insert reference – proposal for a recast of Regulation (EU) 2015/847 - COM/2021/422 final], or a transfer of crypto-assets as defined in Article 3, point (10) of that Regulation, exceeding EUR 1 000 or the equivalent in national currency.
Amendment 486 #
2021/0239(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point d a (new)
Article 16 – paragraph 1 – point d a (new)
(da) Obliged entities shall identify and record the name of individuals or entities acting as nominee directors or nominee shareholders and record their status as such.
Amendment 606 #
2021/0239(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point a – point i
Article 25 – paragraph 2 – point a – point i
(i) the criminalisation of money laundering and terrorist financing, including predicate offences;
Amendment 662 #
2021/0239(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
Amendment 753 #
2021/0239(COD)
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1
Article 42 – paragraph 1 – subparagraph 1
For the purpose of this Article, when ‘control through an ownership interest’ shall meanis based on a threshold it shall be determined based on the Member States’ assessment of risk with a maximum of an ownership of 25% plus one of the shares or voting rights or other ownership interest in the corporate entity, including through bearer shareholdings, on every level of ownership.
Amendment 778 #
2021/0239(COD)
Proposal for a regulation
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
2a. Obliged entities shall report to the entity in charge of the central registers any discrepancies they find between the beneficial ownership information available in the central registers and the beneficial ownership information available to them pursuant to Article 18 of this Regulation, whilst ensuring that banking secrecy laws do not inhibit the implementation of this provision.
Amendment 784 #
2021/0239(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The Commission shall make recommendations to Member States ondefine, when applicable the specific rules and criteria to identitfy the beneficial owner(s) of legal entities other than corporate entities by [1 year from the date of application of this Regulation]. In the event that Member States decide not to apply any of the recommendations, they shall notify the Commission thereof and provide a justification for such a decision.
Amendment 820 #
2021/0239(COD)
Proposal for a regulation
Article 45 – paragraph 3 – point a
Article 45 – paragraph 3 – point a
(a) a statement, accompanied by a justification, that there is no beneficial owner or that the beneficial owner(s) could not be identified and verifiedWhere there are reasons to doubt the accuracy of the beneficial ownership information or no beneficial owner is identified, legal entities and legal arrangements are required to provide additional information on a risk-sensitive basis, including resolutions of the board of directors and minutes of their meetings, partnership agreements, trust deeds, power of attorney or other contractual agreements and documentation;
Amendment 822 #
2021/0239(COD)
Proposal for a regulation
Article 45 – paragraph 3 – point b
Article 45 – paragraph 3 – point b
(b) tWhe details on the natural person(s) who hold the position of senior managing official(s) in the corporate or legal entity equivalent to the information required under Article 44(1), point (a).re no person is identified as beneficial owner pursuant to paragraph (2) and (3), the central register shall include:
Amendment 824 #
2021/0239(COD)
Proposal for a regulation
Article 45 – paragraph 3 – point b a (new)
Article 45 – paragraph 3 – point b a (new)
(ba) a statement accompanied by a justification, that there is no beneficial owner or that the beneficial owner(s) could not be identified and verified; such statement shall be recorded in the register;
Amendment 825 #
2021/0239(COD)
Proposal for a regulation
Article 45 – paragraph 3 – point b b (new)
Article 45 – paragraph 3 – point b b (new)
(bb) the details of the natural person(s) who hold the position of senior managing official(s) in the corporate or legal entity equivalent to the information required under Article 44(1), point (a), of this Regulation. Senior managers shall not be recorded in the register as a beneficial owner.
Amendment 833 #
2021/0239(COD)
Proposal for a regulation
Article 48 – paragraph 1 – point b
Article 48 – paragraph 1 – point b
(b) own or acquire real estate in their territory.
Amendment 871 #
2021/0239(COD)
Proposal for a regulation
Article 51 – paragraph 1 – introductory part
Article 51 – paragraph 1 – introductory part
1. By way of derogation from Article 50(1), Member States may allow obliged entities referred to in Article 3, point (3)(a), (b) and (d) to transmit the information referred to in Article 50(1) to a self- regulatory body designated by the Member State or directly to the FIU.
Amendment 915 #
2021/0239(COD)
Proposal for a regulation
Article 58 – paragraph 3 – introductory part
Article 58 – paragraph 3 – introductory part
3. Companies shall be prohibited from issuing bearer shares, and shall convert all existing bearer shares into registered shares by [2 years after the date of application of this Regulation]. However, companies with securities listed on a regulated market or whose shares are issued as intermediated securities shall be permitted to maintain bearer shares.
Amendment 945 #
2021/0239(COD)
Proposal for a regulation
Article 63 – paragraph 1 – introductory part
Article 63 – paragraph 1 – introductory part
By [32 years from the date of application of this Regulation], the Commission shall present reports to the European Parliament and to the Council assessing the need and proportionality of:
Amendment 50 #
2021/0114(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To ensure a level playing field throughout the internal market and consistency in the application of this Regulation, the Commission should be the sole authority competent to apply this Regulation. The Commission should have the power to examine any foreign subsidy to the extent it is in the scope of this Regulation in any sector of the economy on its own initiative relying on information from all available sources. To ensure effective control, in the specific case of large concentrations (mergers and acquisitions) and public procurement procedures above certain thresholds, the Commission should have the power to review foreign subsidies based on a prior notification by the undertaking to the Commission. The Commission should pay particular attention to money flows coming from tax havens, where the opacity of banks, companies and other subjects makes it impossible to establish the origin of funds coming into EU countries.
Amendment 20 #
2020/2246(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the seriousness of the current situation concerning fraud involving the failure to pay VAT, in particular so-called carousel fraud; calls on all Member States to participate in all EUROFISC’s fields of activity so as to facilitate the exchange of information to help combat fraud;
Amendment 50 #
2020/2246(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
Amendment 52 #
2020/2246(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Stresses the need for complete transparency in accounting for the transfers and loans provided for under the Recovery and Resilience Facility (RRF) and calls on the Commission to provide for the European Parliament to have full access to information;
Amendment 90 #
2020/2246(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes to the adoption of Directive (EU) 2019/1937 (‘the Whistleblowing Directive’) noting the deadline for transposition on 17 December 2021; highlights the importance of independent media and investigative journalists; calls on the Commission to provide for proper legal protection in keeping with that introduced for whistle- blowers and reiterates the need to protect them including through anti-slapp SLAPP legislation;
Amendment 106 #
2020/2246(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Considers it advisable for Member States to cooperate more closely with regard to exchanges of information, in order both to improve data collection and enhance the effectiveness of controls;
Amendment 114 #
2020/2246(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Recalls the need for a more incisive and effective response and coordination at both Union and national level in the fight against corruption and organised crime, including mafia-style crime, with particular focus on transnational and cross- border aspects, in order to tackle, also through the use of Artificial Intelligence tools, fraudsters’ constant ability to adapt to new technologies and scenarios;
Amendment 115 #
2020/2246(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Points out that many Member States do not have specific laws against organised, mafia-style crime, while its involvement in cross-border activities and sectors affecting the EU’s financial interests is constantly growing;
Amendment 119 #
2020/2246(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Recalls the importance of supporting and strengthening cooperation among the EU institutions, the EPPO, OLAF, the EU agencies, in particular Europol and Eurojust, and national authorities, in order to detect and tackle fraud and corruption more effectively, avoiding overlapping of roles and promoting the exchange of information; reiterates its call to ensure adequate resources for the EPPO, OLAF and relevant EU agencies in this regard;
Amendment 128 #
2020/2246(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Expresses concern regarding checks relating to financial instruments managed by intermediaries and weaknesses revealed in verification of beneficiaries’ registered offices; reiterates the need to make the disbursement of direct and indirect funds conditional on the disclosure of information on beneficial ownership by the beneficiaries and financial intermediaries involved in financing operations;
Amendment 92 #
2020/2245(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Asks the EIB to make the disbursement of direct and indirect loans conditional on the publication of country- by-country tax and accountancy data, and on the disclosure of information on beneficial ownership by the beneficiaries and financial intermediaries involved in financing operations;
Amendment 93 #
2020/2245(INI)
Motion for a resolution
Paragraph 34 b (new)
Paragraph 34 b (new)
34b. Invites the EIB to disclose details on the beneficial ownership of its customers on its website with a view to increasing the visibility of its operations and helping prevent cases of corruption and conflicts of interest; invites the EIB to disclose details on the beneficial ownership of its customers on its website with a view to increasing the visibility of its operations and helping prevent cases of corruption and conflicts of interest;
Amendment 98 #
2020/2245(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Calls on the EIB to take account of all risks to the environment posed by large-scale infrastructure projects, and to finance only projects with proven added value both for the local population as well as in environmental, social and economic terms; stresses the importance of both rigorous monitoring of possible risks of corruption and fraud in this context and conducting meticulous ex- ante and ex-post evaluations of the projects to be financed;
Amendment 104 #
2020/2245(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Notes the adoption in March 2019 of the EIB Group Whistleblowing Policy and takes note of its compliance with the general principles and standards integrated in the Directive (EU) 2019/1937, entered into force at a later time; regrets that the policy applies solely to cases of internal whistleblowing; expects the EIB's whistle- blower protection policy to be ambitious and to set high standards; urges the EIB to include both internal and external whistle-blowers and to establish clear and well-defined procedures, time frames and guidelines in order to provide whistle- blowers with the best guidance and protect them from any possible retaliation;
Amendment 2 #
2020/2221(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that organised crime has demonstrated a high degree of infiltration into the social, economicpolitical, economic, financial, entrepreneurial and administrative structure of Member States, as well as an ability to launder in the legal economy the huge proceeds of crimes including those committed against the EU’s financial interests, thus representing a serious threat to EU citizens’ liberties, as well as to democracy and the rule of law, and necessitating a common, coordinated response from the EU and its Member States; welcomes, in this regard, the 2021- 2025 EU strategy to tackle organised crime, presented by the Commission on 14 April 2021;
Amendment 3 #
2020/2221(INI)
Motion for a resolution
Recital A
Recital A
A. whereas financial and economic crime includesmakes use of corruption, fraud, coercion, violence, collusion, obstruction, money laundering and and intimidation for unlawful gain, concealing the money of illegal origin through money laundering, with the option of using it for further unlawful purposes, including the financing of terrorism;
Amendment 4 #
2020/2221(INI)
Motion for a resolution
Recital C
Recital C
C. whereas a rising number of organised crime groups are active in the EU, often with cross-border reach; whereas the phenomenon is increasingly complex with new criminal markets and new ways of operating that are emerging due to globalisation and new technologies; whereas Mafia-style organisations are particularly active in their attempts to intercept EU funds in various Member States;
Amendment 5 #
2020/2221(INI)
Motion for a resolution
Recital D
Recital D
D. whereas technology brings new detection and monitoring capabilities, reducmaking the burdeaction onf investigators more effective and enabling the design of smarter enforcement measures;
Amendment 9 #
2020/2221(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights that organised criminal groups take advantage of the different laws in individual Member States, and that the development of a harmonised anti-fraud approach at EU level is complicated by differing definitions of organised crime; reiterates therefore its previous calls for the revision of Council Framework Decision 2008/841/JHA of 24 October 2008, and the need to establish a common definition of organised crime, which should also take into account the use of violence, corruption or intimidation by criminal groups to obtain control of economic activities or public procurement, or to influence democratic processe, as well as the specific features of Mafia-style organisations, which make use of forced affiliations and create a climate of submission to directly or indirectly take over the management or control of economic activities, concessions, licences, public procurement and services, or to access European funds;
Amendment 10 #
2020/2221(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that value-added tax (VAT) fraud is another major component of revenue fraud; points out that one of the sectors most at risk is the fuel sector, where criminal networks abuse VAT exemption rules and price differences among different types of fuel, resulting in huge losses of tax revenue; is concerned by the fact that criminal groups have been proven to exchange knowledge, information and intelligence in the area of VAT fraud;
Amendment 13 #
2020/2221(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Expresses its regret that subsidies are an area affected by fraud on the expenditure side of the Union budget; notes that subsidy fraud happens in many areas of EU spending, such as agriculture policy, cohesion policy, research and development and environmental policy; points out that many such fraudulent activities are carried out by organised crime gangs, including Mafia-style gangs;
Amendment 17 #
2020/2221(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note of the special impact of organised crime in the misuse of common agricultural policy (CAP) funds; reiterates its concern that the current structure of CAP subsidies incentivises land grabbing by criminal and oligarchical structures; stresses that limited transparency in combination with corruption enables criminal organisations to keep their actions out of sight and prevent EU funding from reaching its intended beneficiaries; reiterates that the development of proper Union-level legal instruments against land grabbing and the enabling effective information sharing are crucial in this regard; points to the need for greater scrutiny by the Commission or the relevant agencies, including with regard to livestock, with particular reference to the funds granted per head of cattle, whose actual existence must be properly verified;
Amendment 18 #
2020/2221(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 19 #
2020/2221(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the start of operations of the European Public Prosecutor’s Office (EPPO) on 1 June 2021; reiterates the need to ensure that the EPPO has all the necessary resources to carry out its functions, in order to protect the EU’s financial interests; calls for the Commission to step up its oversight of the use of funds by the Member States that have not joined the EPPO, in order to prevent fraud and protect the EU's financial interests; calls, furthermore, for sufficient funds for the other EU agencies and bodies involved in the fight against economic and financial crime, such as Europol and Eurojust;
Amendment 22 #
2020/2221(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with concern that the Commission and OLAF have identified fraud in public tenders and procurement as a major trend among fraudsters; points out thatregrets that in many Member States there is no specific legislation against organised crime in the face of fraud schemes which often take place on a transnational level and can span several (EU and non-EU) countries, making them difficult to identify and dissolve;
Amendment 24 #
2020/2221(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 24 #
2020/2221(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the COVID-19 pandemic creates new opportunities for fraudsters and organised crime; notes with concern that Europol observed a rise in coronavirus-related criminal activities in the form of cybercrime, fraud and counterfeiting, including that of medical equipment and personal protective equipment (PPE); recalls the scams and fake offers of vaccines detected by EU countries, as one of many harmful examples, where fraudsters tried to sell more than 1.1 billion vaccine doses for a total price of over EUR 15.4 billion;
Amendment 26 #
2020/2221(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that strong safeguards should be put in place to prevent abuse at national and European level, with solid due diligence procedures and transparency on beneficiaries of EU funds, as well as the effective exchange of banking information between Member States, in order to stop criminals illegally benefiting from EU funds;
Amendment 28 #
2020/2221(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that fraud prevention and the fight against fraud by organised crime should be a priority focus of managing, certifying and audit authorities, as well as being the subject of specialised financial investigations; believes that the fight against organised criminal groups also requires enhanced rules and measures regarding the freezing and confiscation of assets;, including the preventive seizure of property of equivalent value to the criminal proceeds; stresses that it is absolutely essential that every effort is made to recover EU funds that are obtained through fraudulent means.
Amendment 29 #
2020/2221(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that organised crime, in particular Mafia-style crime, has already, in the past, geared its business to renewable energy; warns that, since they are already active in this sector, criminal organisations can easily intercept funds earmarked for the ecological transition, which account for a significant percentage of Next Generation EU funds;
Amendment 30 #
2020/2221(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note with concern of the facilitators of organised crime, such as money laundering, cybercrime, document fraud, corruption, fake registration and the use of shell companies; stresses that these actions impact on the authorities’ ability to effectively monitor whether EU money is spent as intended;
Amendment 36 #
2020/2221(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses with concern that corruption is an integral part of nearly all the activities of criminal organisations and that it poses a serious threat to the financial interests of the European Union, with an estimated GDP loss ranging between EUR 170 and 990 billion and a cost to the EU of more than EUR 5 billion per year for the public procurement part of the budget alone1 a; _________________ 1a 'The Cost of Non-Europe in the area of Organised Crime and Corruption: Annex II: Corruption' RAND Europe, 2016
Amendment 45 #
2020/2221(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the establishment of the European Public Prosecutor’s Office (EPPO), with its mandate to investigate, prosecute and bring to judgment crimes against the EU budget, as an important asset in the fight against fraud and organised crime in the EU; calls for effective funding for the EPPO; regrets that five Member States have not yet joined the EPPO and for those countries calls for greater oversight on the part of the Commission; regrets the lack of nominations of European delegated prosecutors, in particular by Slovenia, and considerable delays in many other Member States; highlights that this may represent a substantial hindrance in the EPPO’s effective fight against cross-border crime;
Amendment 58 #
2020/2221(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that although the Commission has encouraged Member States to develop national anti-fraud strategies (NAFS), only 13 Member States have done so and none of them used the template provided by the Commission; notes with concern that these differences across Member States pose obstacles for efficient cooperation; calls, therefore, on the Commission to take more resolute action with a view to making it mandatory for the Member States to lay down rules to prevent fraud against the EU;
Amendment 60 #
2020/2221(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Is of the view that, given the transnational dimension of the fraudulent activities of criminal organisations, it is of vital importance to take action through measures to prevent and combat crime, including Mafia-style crime, and through the approximation of criminal laws in the Member States;
Amendment 74 #
2020/2221(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Highlights that an important step in fighting organised crime is making it less profitable; recalls in this regard the work of OLAF, whose investigations are a crucial tool in the fight against fraud; regrets that the indictment rate following recommendations by OLAF to Member States is low and follows a downward trend, as it decreased from 53 % in the 2007-2014 period to 37 % in the 2016- 2020 period; further notes that the extent to which financial amounts recommended for recovery are actually recovered has not been assessed in recent years, and that the most recent assessment covering the years 2002 to 2016 indicates a recovery rate of 30 %; calls on OLAF and the Commission to investigate the underlying reasons and on the Member States to cooperate closely with the Union bodies, to ensure that funds misused by organised crime are effectively recovered; takes the view that decisive action to recover funds, including through preventive or value-based seizures, can deter criminal organisations from committing fraud against the European Union, thereby protecting its financial interests;
Amendment 3 #
2020/2142(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Secretary-General of the Council discharge in respect of the implementation of the budget of the European Council and of the Council for the financial year 2019 / Postpones its decision on granting the Secretary-General of the Council discharge in respect of the implementation of the budget of the European Council and of the Council for the financial year 2019;
Amendment 2 #
2020/2141(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes the specific finding, concerning Parliament, contained in the annual report of the Court for 2019; notes with concern that the Court found errors in one payment to one of the European political parties, which concerned non- compliance with the expenditure eligibility rules, specifically, no written contractual documents and no supporting evidence for costs actually incurred were provided; regrets the fact that the Court had reported similar shortcomings in transactions relating to political groups and to a European party in its annual reports in 2014, 2015 and 2016; calls for greater transparency in the exchange of information in order to prevent any repeat of these shortcomings in the future; notes, however, that although there is always scope for improvement there has been a lot of positive development over recent years;
Amendment 43 #
2020/2141(DEC)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Notes that, at its meeting of 11 February 2019, the Bureau confirmed the continuation of Parliament’s office in London; notes that on 5 October 2020, the Bureau acknowledged the closure of the Edinburgh antenna office at the end of 2020; acknowledges that the liaison office in the United Kingdom will continue to play a crucial role for Parliament in providing services to Members on delegations to the United Kingdom and in order to further engage with citizens, civil society, government, the parliamentary environment and media in that country;
Amendment 47 #
2020/2141(DEC)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Questions the need for Parliament to maintain an office in London, given that the remit of Parliament's liaison offices is to cultivate relations and carry out information activities in the Member States;
Amendment 56 #
2020/2141(DEC)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45a. Criticises the delay in the construction of the Konrad Adenauer building in Luxembourg, delivery of which was planned for 2018, but is now not expected before 2023; calls on the Bureau to outline promptly the reasons for the delay and the increase in construction costs;
Amendment 58 #
2020/2141(DEC)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46a. Emphasises the need to rationalise Parliament's spending by assessing, wherever possible, the scope for reducing the number of building being rented; takes the view that the primary objective must be effective financial management and completion of works at the lowest possible cost;
Amendment 115 #
2020/2141(DEC)
Motion for a resolution
Paragraph 78 a (new)
Paragraph 78 a (new)
78a. Calls on the Secretary-General to make further improvements to the procedure for appointing senior officials, with a view to achieving greater transparency and equality; calls on the Parliament’s Administration to submit annual reports on the appointment of senior officials;
Amendment 169 #
2020/2141(DEC)
Motion for a resolution
Paragraph 86 a (new)
Paragraph 86 a (new)
86a. Points out that, in a series of resolutions, a clear majority of Members have expressed support for a single seat, to guarantee efficient spending of Union taxpayers' money; notes that having a single seat could generate annual savings of some EUR 114 million, in addition to a one-off saving of EUR 616 million as a result of giving up the Strasbourg buildings; notes that a decision on a single seat requires a unanimous Treaty change; urges the Council to take note of Parliament's position, assume its responsibilities and act accordingly;
Amendment 191 #
2020/2141(DEC)
Motion for a resolution
Paragraph 92 a (new)
Paragraph 92 a (new)
92a. Takes the view that Parliament must set an example by making a commitment to achieve carbon neutrality by 2030; calls, as a matter of urgency, for detailed reporting and accounting in respect of Parliament's measures to offset carbon emissions and for greater efforts to achieve carbon neutrality by 2030;
Amendment 207 #
2020/2141(DEC)
Motion for a resolution
Paragraph 104 a (new)
Paragraph 104 a (new)
104a. Draws attention to the need to rationalise interpreting and translating costs by optimising the way Parliament conducts its proceedings and making English the main language for other work;
Amendment 221 #
2020/2141(DEC)
Motion for a resolution
Paragraph 122
Paragraph 122
122. Calls on the Authority to ensure that information covering the registration and financial situation of European political parties and foundations be, to the greatest extent possible, publicly available in a user-friendly, complete and updated manner;
Amendment 108 #
2020/2140(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Is very concerned that the errors detected are indicative of shortcomings regarding the regularity of expenditure declared by the managing authorities;
Amendment 196 #
2020/2140(DEC)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Stresses the importance of strictly monitoring the possible risk of corruption and fraud in connection with large-scale infrastructural projects; calls for thorough and independent ex-ante and ex-post assessments of projects to be financed;
Amendment 197 #
2020/2140(DEC)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Urges the Commission to encourage Member States to improve both the quality and number of controls and to share best practices in combating fraud;
Amendment 221 #
2020/2140(DEC)
Motion for a resolution
Paragraph 54 – indent 2 – point b a (new)
Paragraph 54 – indent 2 – point b a (new)
ba. simplifying the procedure, including the documentation required for access to funding, without neglecting the principles of audit and monitoring;
Amendment 244 #
2020/2140(DEC)
Motion for a resolution
Paragraph 67 a (new)
Paragraph 67 a (new)
67a. Considers that there is a lack of clear and exhaustive programme performance assessment procedures that would, for spending review purposes, make it possible to identify programmes with no clear added value; calls on the Commission to include in the annual management and performance report a detailed assessment indicating which programmes are not being properly implemented;
Amendment 294 #
2020/2140(DEC)
Motion for a resolution
Paragraph 93 a (new)
Paragraph 93 a (new)
93a. Believes that EU financial interests and money from all its taxpayers are being targeted by organised crime and calls on the Commission to take necessary measures against criminal networks that are laying their hands on EU funding;
Amendment 323 #
2020/2140(DEC)
Motion for a resolution
Paragraph 94 – indent 2 a (new)
Paragraph 94 – indent 2 a (new)
- introduce a Union-wide complaints mechanism for funding recipients confronted by misconduct on the part of the national authorities or pressure from criminal networks or organisations, for example, enabling them to register complaints with the Commission;
Amendment 1 #
2020/2126(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to the 2020 Report of the European Anti-Fraud Office (OLAF),
Amendment 16 #
2020/2126(INI)
Motion for a resolution
Recital D
Recital D
D. whereas on a regular basis, different media outlets all over Europe provide their readers with scandals covering fraud, conflict of interest, corruption and other illegal activities damaging the EUʼs financial interests and involving high-level political representatives in EU Member States, sometimes adopting the structure of, or supported by, criminal organisations;
Amendment 17 #
2020/2126(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Pandora Papers published on 3 October 2021 by the International Consortium of Investigative Journalists represent the latest major data leak, exposing more than 330 politicians and public officials from almost 100 countries, including 35 current or former heads of states and governments involved in corporate secrecy and offshore tax evasion and avoidance; whereas this scandal follows on from other similar cases yet there has been no effective intervention;
Amendment 18 #
2020/2126(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the OLAF Report 2020 identified conflict of interest and collusion between beneficiaries and contractors, in particular in the area of public procurement, among the main trends in fraudulent activity; whereas OLAF’s cases often relate to fraud or corruption in cross-border public procurement procedures involving EU funding;
Amendment 19 #
2020/2126(INI)
Motion for a resolution
Recital F
Recital F
F. whereas Parliament has adopted numerous resolutions through which it has been calling on the Commission to take prompt action and to remedy the alarming misuse of EU funds by politically prominent wealthy individuals, elites and big conglomerates; whereas the Commission has yet to take action on this matter;
Amendment 20 #
2020/2126(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that, in today’s society, ‘oligarchy’ refers to any small, cohesive class or group that is in a position to make decisions or command others in either political or non-political contexts or rule a political community in its own interest, without regard for democracytic rules and sometimes violating fundamental principles;
Amendment 25 #
2020/2126(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Adds that in the current EU political context, the term ‘oligarchy’ is being used as a way of pointing out the influence of the wealthy and powerful in politics and government, and that of economic, financial and industrial actors, who can exercise an influence that is typically used to benefit the few at the expense of the many;
Amendment 28 #
2020/2126(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes, with particular concern, that the occurrence of such oligarchic groups, which sometimes do not refrain from using criminal practices or the support of criminal groups, has reached an unprecedented magnitude in the past several years;
Amendment 29 #
2020/2126(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that, in order to protect themselves, oligarchic groups seek to gain control over the media and the judiciary so as to avoid media exposure and prosecution of possible criminal activities;
Amendment 31 #
2020/2126(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Notes the considerable ability of oligarchic structures to gain easy access to the substantial resources provided by the NextGenerationEU recovery instrument thanks to the large amount of capital made available and the support of highly qualified professionals; points out, too, that public authorities do not always adequately address the risks and possible distortions affecting the EU’s financial interests;
Amendment 33 #
2020/2126(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that promoting competition, enhancing transparency and assuring functional implementation of public procurement rules and free access to markets is fundamental to prevent oligarchs from seizing control of the economy and financial market, which wouldill result in them self-reinforcing to an even greater degree;
Amendment 46 #
2020/2126(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that conflicts of interest do not only occur in relation to fraud and criminal conduct; stresses nevertheless that the consequent detection and disclosure of conflicts of interest is paramount to identifying possible risks of misuse, bias, fraud and corruption in fund management, as well as preventing reputational harm; stresses that situations involving conflicts of interest sow suspicion and distrust among European citizens, and spread the feeling that there is a lack of transparency;
Amendment 49 #
2020/2126(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Reiterates that the citizens of each Member State must be able to trust in the integrity of the management of EU funds in all Member States, and that different standards of protection against conflicts of interest and fraud cannot therefore be applied;
Amendment 50 #
2020/2126(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Notes with concern that fraud against the interests of the Union is increasingly transnational in nature; calls on the Member States to cooperate more closely with one other and with OLAF, Europol and Eurojust to allow effective action to be taken against fraud involving several countries; regrets deeply that some Member States continuously choose not to implement OLAF’s recommendations following the conclusion of an investigation and do not launch judiciary actions to recover defrauded EU funds;
Amendment 55 #
2020/2126(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises that as far as cohesion policy is concerned, the most frequently detected types of fraudulent irregularities for projects financed under the programming period 2014-2020 for European structural and investment funds concern incorrect, missing and false or falsified supporting documents, infringement of contract provisions, eligibility and infringement of public procurement rules, and breaches in relation to ethics and integrity including conflict of interest and corruption; considers it essential to standardise data collection to ensure that data can be shared and accessed in such a way as to allow cross- checking between Member States;
Amendment 89 #
2020/2126(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Appreciates OLAFʼs long-term intensive investigative activity covering many politically controversial and complex cases; regrets that the indictment rate following recommendations by OLAF to Member States decreased from 53 % in the 2007-2014 period to 37 % in the 2016- 2020 period; further notes that the extent to which financial amounts recommended for recovery are actually recovered has not been assessed in recent years, and that the most recent assessment covering the years 2009 to 2016 indicates a recovery rate of 21 %; calls on OLAF and the Commission to investigate the underlying reasons and calls on the Member States to cooperate closely with EU bodies to ensure that funds misused by organised crime, including mafia groups, and oligarchs are recovered;
Amendment 95 #
2020/2126(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Commends the invaluable work carried out by OLAF, the EPPO and Europol in combating fraud, money laundering and tax evasion, and stresses that these institutions are chronically understaffed and lacking financial resources due to the unwillingness of the Council as one of the budgetary authorities to authorise sufficient human and financial resources during the annual budgetary procedure; calls therefore on the Council to review its position and allow for increased financing of human resources for these agencies and offices, enabling them to carry out their important mission in an appropriate and effective way; welcomes the joint analysis efforts of OLAF and Europol to assess the threats and vulnerabilities of the RRF instrument;
Amendment 97 #
2020/2126(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines that the Commission should use all the instruments available under EU financial legislation and the applicable sector-specific and financial rules to effectively protect the EU budget, including interruption of payment deadlines, suspension of payments, financial corrections or exclusion of expenditure from EU financing, infringement proceedings under Article 258 TFEU, checks and audits or, in duly justified cases, the application of Article 7 TEU addressing risks to the foundational values of the EU in the Member States, as has recently been done in the cases of Poland and Hungary;
Amendment 115 #
2020/2126(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the important role of investigative journalists in the fight against fraud and illegal activities that negatively impact the EU budget; reiterates in this regard the need to protect investigative journalism from strategic lawsuits against public participation (SLAPPs), as well as personal harassment, intimidation and threats to life; stresses the importance of encouraging whistleblowing while ensuring legal safeguards under European law;
Amendment 125 #
2020/2126(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Points out that under the RRF Regulation, which forms part of the MFF 2021-2027 package, the Member States have to ensure the effective prevention, detection and correction of conflicts of interest, corruption and fraud, and avoidance of double funding, fictitious registration of assets, as well as transparency in the payment of funds and strengthening of the rules on the correct identification of the final recipient of funds; stresses that they are also required to explain the relevant arrangements in their recovery and resilience plans and include a summary of the consultation process at national level as well as a presentation of the controls and audit system put in place to ensure that the financial interests of the EU are protected;
Amendment 130 #
2020/2126(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Underlines that in order to protect the financial interests of the EU and to detect fraud, corruption and conflicts of interest in particular, it is important to know how EU funds are spent and who truly benefits from EU funds, since the largest beneficiaries often hide behind complex ownership structures, including those based in tax havens, rendering the identification process even more opaque;
Amendment 61 #
2020/2088(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the outcome of the 2019 European elections fragmented political representation in Parliament, leading to increased complexity in the decision- making process; whereas this problem could be remedied by introducing the possibility for European political parties and movements to form pre-electoral coalitions;
Amendment 74 #
2020/2088(INI)
K. whereas the Spitzenkandidaten process has yet to be fully developreformed; whereas it lacks, among other things, the possibility for Spitzenkandidaten to stand as official candidates in all Member States on transnational lists, allowing all European voters to choose and vote for their preferred Spitzenkandidat; whereas the Spitzenkandidaten system and transnational lists should be open to coalitions of European political parties or movements, representing at least a quarter of Member States, or even to mixed coalitions of political parties and movements as long as they share a common political programme and a common Spitzenkandidat; whereas Parliament raised this issue in its decision of 7 February 2018 on the revision of the Framework Agreement on relations between the European Parliament and the European Commission15 ; _________________ 15 Texts adopted, P8_TA(2018)0030.
Amendment 83 #
2020/2088(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the Spitzenkandidaten system needs to be improvreformed and formalised in the EU’s primary law after an in-depth institutional reflection; whereas this reflection should also include the de facto political role of the Commission and its President and any related changes to the decision-making process of the Union;
Amendment 90 #
2020/2088(INI)
Motion for a resolution
Recital M
Recital M
M. whereas institutional improvements such as transnational lists, as acknowledged by Parliament in its resolution of 7 February 2018 on the composition of the European Parliament, or the transformation of the Council into a second legislative chamber of the Union, as proposed in its resolution of 16 February 2017 on possible evolutions of and adjustments to the current institutional set- up of the European Union, or the introduction of the possibility for European political parties and movements to form pre-electoral coalitions, would radically transform the European elections into one true European election, as opposed to the collection of 27 separate national elections that it is today;
Amendment 98 #
2020/2088(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the intensified political exchanges in Parliament have also highlighted the shortcomings of several standing procedures such as the hearings of Commissioners-designate, with particular regard to the conditions for the legal assessment of their applications (e.g. declarations of financial interests); whereas, furthermore, such hearings are playing an increasing role in determining the make-up of the European Commission, and whereas, therefore, at such hearings, pluralism and the participation of all political forces, including those that do not belong to political groups of the European Parliament, should be ensured as far as possible;
Amendment 108 #
2020/2088(INI)
Q. whereas European political parties and foundations are the primary facilitators of a successful European political debate, both during and beyond European elections; whereas, by virtue of this important role, the European political parties and political foundations should ensure maximum financial transparency on the funds they manage, particularly on funds from the EU budget;
Amendment 161 #
2020/2088(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is of the opinion that the reason why the Spitzenkandidaten process failed to produce a President of the European Commission after the 2019 elections is because no improvements were made to it following the experience of 2014; intends to strengthenreform the democratic process for choosing the Commission President before the next European elections of 2024;
Amendment 177 #
2020/2088(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Takes the view that the democratic process of appointing a Spitzenkandidat could be facilitated by allowing European parties and movements to form coalitions ahead of the European elections, and so to put forward a joint programme and a single coalition Spitzenkandidat;
Amendment 183 #
2020/2088(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the outcome of the European elections has reinforced the political dimension of the election of the European Commission, and therefore the need for more accurate and objective scrutiny of the declarations of interests of the Commissioners-designate; calls for the creation of an independent body, endowed with the appropriate means, to have this scrutiny included in its responsibilitiessupport the relevant parliamentary committee in exercising the level of scrutiny required to check for any conflicts of interest or other impediments to a Commissioner's appointment;
Amendment 252 #
2020/2088(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Proposes to amend Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations16 to allow European political parties and foundations to fully participate in the European political space while at the same time increasing the transparency of their funding, especially as regards the management of funds from the European budget and when funding comes from member parties outside the EU; _________________ 16 OJ L 317, 4.11.2014, p. 1.
Amendment 263 #
2020/2088(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that the outcome of the European elections is a clear signal for an in-depth institutional reflection that will allow citizens, civil society and their representatives to shape the future of the Union; calls, therefore, on all institutional partners to assume their responsibility and deliver an ambitious Conference on the Future of Europe that strives, without restraint, to achieve the real shift required to reinvigorate the European project;
Amendment 31 #
2020/2072(INL)
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
- having regard to the Annual Reports of the European Commission on monitoring the application of EU law;
Amendment 32 #
2020/2072(INL)
Motion for a resolution
Citation 24 b (new)
Citation 24 b (new)
- having regard to the EU Justice Scoreboard 2020 published by the European Commission;
Amendment 42 #
2020/2072(INL)
Motion for a resolution
Citation 29 a (new)
Citation 29 a (new)
- having regard to the workings of the OHCHR of United Nations as well as the UN's WGAD (Working Group on Arbitrary Detentions) resolutions on Member States,
Amendment 43 #
2020/2072(INL)
Motion for a resolution
Citation 29 b (new)
Citation 29 b (new)
Amendment 44 #
2020/2072(INL)
Motion for a resolution
Citation 29 c (new)
Citation 29 c (new)
- having regard to the rulings of the European Court of Human Rights regarding human rights cases inside the Union and its Member States;
Amendment 45 #
2020/2072(INL)
Motion for a resolution
Citation 29 d (new)
Citation 29 d (new)
- having regard to the results of the 44th session of the United Nations Human Rights Council;
Amendment 60 #
2020/2072(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the concept of rule of law must be understood as a democratic rule of law, i.e. a rule of law which is primarily based on the respect for democratic procedures and fundamental rights;
Amendment 70 #
2020/2072(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the preceding decade has seen brazen attacks against Union values in several Member States; whereas international comparisons and Parliament resolutions have evidenced considerable democratic backsliding in particular in Hungary and Poland in particular, but also in other Member States; whereas Parliament has been calling since 2016 for a comprehensive, preventive and evidence- based monitoring in this field via an EU mechanism on democracy, the rule of law and fundamental rights;
Amendment 83 #
2020/2072(INL)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 87 #
2020/2072(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the results of the Annual report on the monitoring the application of EU law should be taken in account regarding the number of infringements, gravity and their impact on the rule of law for European citizens and companies;
Amendment 95 #
2020/2072(INL)
Motion for a resolution
Recital F
Recital F
F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national and regional human rights institutions, national and regional parliaments and local authorities; however, the resolutions on the state of democracy, the rule of law and fundamental rights of international institutions must have a differentiated treatment during the process
Amendment 104 #
2020/2072(INL)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the new EU Mechanism on Democracy, the Rule of Law and Fundamental Rights must be based on clear and objective indicators in order to ensure an equal treatment to all Member States;
Amendment 106 #
2020/2072(INL)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas formal independence of the justice system can be undermined through political means if governments try to influence decisions and actions, both privately or through the media;
Amendment 109 #
2020/2072(INL)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the accession by the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms is an obligation under Article 6(2) TEU;
Amendment 110 #
2020/2072(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. emphasises the urgent need for the Union to develop a robust and positive agenda for protecting and reinforcing democracy, the rule of law and fundamental rights for all its citizens; insists that the Union must remain a champion of freedom and justice in Europe and the world but stresses that in order to be so, the Union needs to have a much higher standard on the defence of democracy and human rights inside the Union and regrets that some Member States refuse to comply with human rights resolutions issued by international bodies;
Amendment 123 #
2020/2072(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s legal order, the functioning of its single market, the effectiveness of its common policies and its international credibility; notes with concern that the COVID-19 pandemic has been used to limit citizens’ rights and fundamental freedoms as embedded in the Charter of Fundamental Rights of the European Union, including by means of unjustified censorship, fuelling discrimination, disinformation and hate speech; recalls in particular the importance of promoting and defending the rule of law as a precondition for any sound democratic systems as well as for ensuring the protection of fundamental rights and Union values and a prerequisite for upholding all rights and obligations deriving from the Treaties;
Amendment 135 #
2020/2072(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. recognises that the Union remains structurally ill-equipped to tackle democratic and rule of law backsliding in the Member States; regrets the inability of the Council to make meaningat the procedure provided for in Article 7 TEU cannot be used to its full progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed natureotential as the unanimity requirement in the European Council - de facto - hampers its application; regrets in this regard, the lack of progress made in the European Council ofn the Union’s toolkit in that fielcurrent Article 7 procedures against Hungary and Poland;
Amendment 136 #
2020/2072(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. recognises that the Union remains structurally ill-equipped to tackle democratic and rule of law backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that field and believes that a new instrument must be put in place which does not depend on the unanimity of Member States;
Amendment 142 #
2020/2072(INL)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that the Union still has no effective mechanisms to monitor, prevent and put an end to systemic threats to the rule of law and democracy in the Member States; welcomes as a meaningful first step the Commission communication on further strengthening the Rule of Law within the Union and the actions set out therein; calls on the Commission to implement the proposed rule of law framework without undue delay; considers it necessary to put in place sanctions that could be effective, dissuasive and proportionate to effectively prevent breaches of rule of law within the Union;
Amendment 144 #
2020/2072(INL)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recalls that the accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms is a legal obligation under Article 6(2) TEU; recalls that the accession to that convention would constitute a further step in the process of European integration and would enhance the coherence between the Union and the Council of Europe’s further strengthening the protection of fundamental rights and freedoms within the Union; regrets the lack of progress made so far to fulfil this Treaty obligation; calls on the Commission to step up efforts to respect the Treaties and conclude the negotiations without undue delay;
Amendment 158 #
2020/2072(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. proposes the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (the ‘Mechanism’), building on Parliament’s 2016 proposal and the Commission’s 2020 Rule of Law Report, to be governed by an interinstitutional agreement between Parliament, the Council and the Commission, consisting of an Annual Monitoring Cycle on Union values, covering all aspects of Article 2 TEU, and applying equally, objectively and fairly to all Member States to ensure there are no double standards due to political interests;
Amendment 161 #
2020/2072(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures that the Commission would need to apply automatically as the violations occur; highlights, the importance of the annual monitoring cycle in order to prevent possible violations of the rule of law and democracy within the Union before they actually occur;
Amendment 163 #
2020/2072(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures; notes that in such cases in particular, the lack of implementation of the recommendations from international institutions other than the Union, such as the United Nations, the European Court of Human Rights or the Council of Europe, must be fully taken into account;
Amendment 180 #
2020/2072(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. points out that the Mechanism should consolidate and supersede existing instruments, avoiding unnecessary duplication of existing structures and instruments; calls for the integration and incorporation of existing tools, in particular the Annual Rule of Law Report, the Commission’s Rule of Law Framework, the Council’s Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM), while increasing complementarity and coherence with other available tools, including infringement procedures under Article 7 TEU, budgetary conditionality once in force, and the European Semester; is of the opinion that the Annual Monitoring Cycle can fulfil the objectives of the CVM for Bulgaria and Romania, thus contributing to equal treatment of all Member States; considers that the three institutions should use the findings from the Annual Monitoring Cycle in their assessment for the purposes of triggering Article 7 TEU and Regulation (EU) 2020/xxxx of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States11 ; _________________ 11[instead of xxxx insert final number of 2018/136(COD) in the text and correct OJ reference in footnote] OJ C ..., ....., p. ....
Amendment 189 #
2020/2072(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. recalls the indispensable role played by civil society, national and regional human rights institutions and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating implementation; points out that the accreditation status of national human rights institutions and the space for civil society may themselves serve as indicators for assessment purposes; considers that national and regional parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle; points out that to ensure that the respect for the rights of persons belonging to national minorities is fairly assessed, institutions and civil society organisations in this communities must also play an important role;
Amendment 205 #
2020/2072(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. is of the view that, in the long-term, strengthening the Union’s ability to promote and defend its constitutional core will require Treaty change; looks forward to the reflection and conclusions ofnotes in particular, that an urgent revision of the Article 7 TEU is needed in order to overcome the unanimity requirement in the European Council; calls for the Conference on the Future of Europe to come up with a meaningful proposal in that regard;
Amendment 227 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 4
Annex I – paragraph 4 – point 4
(4) The three institutions recognise the need for streamlining and strengthening the effectiveness of existing tools designed to foster compliance with Union values. A comprehensive interinstitutional mechanism should therefore be established in order to improve coordination between the three institutions and consolidate initiatives taken previously. In accordance with the Conclusions of the Justice and Home Affairs Council of 6 and 7 June 2013, such a mechanism should operate in 'a transparent manner, on the basis of well defined and measurable criteria and evidence objectively compiled, compared and analysed and on the basis of equality of treatment as between all Member States'.
Amendment 238 #
2020/2072(INL)
(6) The Annual Monitoring Cycle should consist of a preparatory stage, the publication of an annual monitoring report on Union values including country-specific reporting and recommendations, and a follow-up stage. The Annual Monitoring Cycle should be conducted in a spirit of transparency and openness.
Amendment 283 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 9
Annex I – part 2 – point 9
9. The CommissionA group of experts selected both by the Commission and the European Parliament shall draft the Annual Report based on information gathered during the preparatory stage. The Annual Report should cover both positive and negative developments relating to Union values in the Member States. The Annual Report shall be impartial, based on objectively compiled evidence and respect equality of treatment between all Member States. The depth of reporting should reflect the gravity of the situation in question.
Amendment 313 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 16
Annex I – part 3 – point 16
16. The three institutions acknowledge the complementary nature of the Annual Monitoring Cycle and other mechanisms for the protection and promotion of Union values, in particular the procedure laid down in Article 7 TEU and Regulation (EU) 2020/xxxx. The three institutions commit to avoid unnecessary duplication of existing instruments and integrate and incorporate existing instruments into the Annual Monitoring Cycle as the preferred option. The three institutions commit to take account of the objectives of this Interinstitutional Agreement in Union policies.
Amendment 314 #
2020/2072(INL)
16. The three institutions acknowledge the complementary nature of the Annual Monitoring Cycle and other mechanisms for the protection and promotion of Union values, in particular the procedure laid down in Article 7 TEU and Regulation (EU) 2020/xxxx. The three institutions commit to avoid unnecessary duplication of existing instruments and integrate and incorporate existing instruments into the Annual Monitoring Cycle as the preferred option. The three institutions commit to take account of the objectives of this Interinstitutional Agreement in Union policies.
Amendment 25 #
2020/2027(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the ELD established ‘a framework of environmental liability based on the ‘polluter pays’ principle, to prevent and remedy environmental damage; whereas the ELD complements main pieces of EU environmental legislation, to which it is directly or indirectly linked, in particular the Habitat Directive9 , the Birds Directive10 , the Water Framework Directive11 , the Marine Strategy Framework Directive12 and the Offshore Safety Directive13 ; _________________ 10Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, OJ L 20, 26.1.2010, p. 7. 11Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ L 327, 22.12.2000, p. 1. 12Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy, OJ L 164, 25.6.2008, p. 19. 13Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations, OJ L 178, 28.6.2013, p. 66. 9Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992, p. 7.
Amendment 32 #
2020/2027(INI)
Motion for a resolution
Recital G
Recital G
G. whereas operator insolvency as a consequence of major accidents remains a problem in the EU, thereby resulting in the disregard for the “’polluter pays’ principle;
Amendment 48 #
2020/2027(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. ObservesPoints out that the discretionary powers set out in the ELD, the lack of awareness and information about the ELD, insufficient resources and expertise and the weak mechanisms for securing compliance and effective governance at national, regional and local level have led to implementation deficiencies, considerable variability between Member States in the number of cases, and an uneven playing field for operators; is therefore of the opinion that additional efforts are required to ensure regulatory standardisation in the EU and increased public confidence in the effectiveness of EU laws;
Amendment 51 #
2020/2027(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Regrets that in many Member States, the budgets of environmental inspectorates have stagnated or decreased due to the financial crisis and that even large, well-resourced authorities can find it difficult to independently develop knowledge of the best ways to ensure compliance; is thus of the opinion that stronger support at EU level is needed and, therefore, calls on the Commission to support Member States in the development of tools for operators, competent authorities, civil society organisations and insurers, for example through accessible information portals, commonly used networks (EU networks for practitioners), best practice information and guidance, additional training programmes, training materials and guidance on skills, as this could increase the pressure on ‘black sheep’ companies and, benefit companies that respect the law and would enable stakeholders, operators and the public to become more aware of the existence of the ELD regime and its enforcement and thus contribute to better prevention and remediation of environmental damages;
Amendment 59 #
2020/2027(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points outreiterates that reliable data on environmental incidents giving rise to the application of the ELD or other administrative, civil or criminal instruments should be collected and should be made public in order to establish whether a combination of different legal instruments could adequately respond to environmental harm, or whether serious gaps still exist that need to be remedied; asks for the establishment of a European register of cases of environmental damage governed by the ELD and calls the Commission and all the Member States to develop public available databases for reporting on ELD cases in order to create better trust in the ELD system and better implementation;
Amendment 68 #
2020/2027(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the ELD to be revised as soon as possible and to be transformed into a fully harmonised regulation in order to achieve a level playing field for EU industry; emphasises that EU rules for liability of companies for environmental damage are currently not providing a level playing field , thereby distorting the proper functioning of the EU’s internal market;
Amendment 85 #
2020/2027(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that most definitions in the ELD should be further clarified and broaden, to make the directive fair and clear to all stakeholders, such as operators, competent authorities, civil society organisations and insurers and to keep pace with the rapid evolution of pollutants; welcomes therefore the current efforts to develop a common understanding document (CUD) on key ELD definitions and concepts; regrets, however, that the Commission and the ELD government expert groups did not reach an agreement on its format, meaning that the CUD remains a document produced by the consultancy which was hired by the Commission to support the implementation of the 2017-2020 Multi- annual ELD Work Programme;
Amendment 88 #
2020/2027(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Points out that the different interpretations and application of the “significance threshold” for environmental damage has been identified as a main reason for the uneven application of the ELD; calls, therefore, for a more consistent application and better clarification and guidance of the threshold of “significant damage” in the context of the ELD; calls for the clarification and harmonisation of the “significant” damage to biodiversity threshold and the criteria for its definition, and the alignment of the environmental liability regime to the Habitats Directive Article 6(2);
Amendment 94 #
2020/2027(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. AskCalls the Commission to undertake a study to establish whether extending the scope of the ELD to align it with other pieces of EU legislation, including the ECD, could limit short- and long-term damage to the environment, human health and air qualityextend the scope of the ELD strict liability to non- Annex III activities to cover all environmental damage, as well as to human health, such as air pollution by cars violating EU car emissions legislation so as to improve the effectiveness of the legislation in implementing the ‘polluter pays’ principle; considers that such extension of scope would streamline the ELD with other pieces of EU legislation on protecting human health and environment, including the ECD, and would facilitate adding provisions to the ELD, such as including a requirement to carry out preventive measures and emergency remedial action, either in the directive itself or in national law implementing it; asks the Commission, furthermore, to assess wthether the precautionary principle approach properly presupposes potentially dangerous risks or effects; potential damage that the so-called industry-led ‘innovation principle’ can have on the short and long term, and the danger it poses to the established precautionary principle and its ability to limit liability in environmental damage;
Amendment 95 #
2020/2027(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Notes that the activities listed in Annex III do not sufficiently cover the sectors that could potentially give rise to environmental damage; points out that there are activities with potential negative impacts on biodiversity and the environment, such as the pipeline of transport of hazardous substances outside of industrial establishments covered by Annex III, mining, the introduction of invasive alien species and shale gas operations, that are currently not covered by the requirement for strict liability;
Amendment 116 #
2020/2027(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to assess whether it would be appropriate to introduceintroduce a secondary liability regime, that is parental and chain liability for damage caused to human health and the environment20 ; _________________ 20See, for instance, Judgment of the Court of Justice of 10 September 2009, Akzo Nobel NV and Others v Commission of the European Communities, C-97/08 B, ECLI:EU:C:2009:536.
Amendment 117 #
2020/2027(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. believes that Corporate Social Responsibility(CSR) and Corporate Environmental Responsibility (CER) could play a complementary role to environmental liability, as duly compliance with CSR and CER can reduce the likelihood of environmental harm; considers important in this sense that these commitments should be connected to mandatory obligations towards sustainable value creation, including the enforcing of non-financial reporting obligations;
Amendment 119 #
2020/2027(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. considers that a new legislation is urgently needed in order to establish clear, robust and enforceable cross- sectoral requirements on business enterprises to respect human rights, good governance and the environment and to carry out due diligence; stresses that such legislation should follow a cross- commodity approach, apply to all economic sectors in the supply chain, including the financial sector, both upstream and downstream, be accompanied by a robust reporting, disclosure and enforcement mechanism, including effective, proportionate and dissuasive sanctions for non-compliance;
Amendment 129 #
2020/2027(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. AsksCalls on the Commission to look into the possibility of introducinge a mandatory financial security system (covering insurance, bank guarantees, company pools and bonds or funds) with a maximum threshold per case, aiming to prevent taxpayers from having to bear the costs resulting from remediation of environmental damage; asks the Commission, in addition, to develop a harmonised EU methodology for calculating the maximum liability threshold, taking into account the activity and the impact on the environmenthighlights that insurance cannot be designed to limit liability, but only to address costs of clean-up;
Amendment 137 #
2020/2027(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Reiterates that according to the ELD, persons adversely affected by environmental damage should be entitled to ask the competent authorities to take action; believes in this regard that a compensatory collective redress mechanism should be available to any individual or organisation that has suffered due to environmental damage or impairment of right within the scope of the ELD;
Amendment 138 #
2020/2027(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Welcomes the Commission legislative proposal amending the Aarhus Regulation1367/2006 (COM(2020) 642 final) to allow for better public scrutiny of EU acts affecting the environment; taking into account that the European law stipulates that European citizens should be guaranteed effective and timely access to justice(Article 9(3) of the Aarhus Regulation, Article 6 TEU and relevant provisions of the European Convention for the Protection of Human Rights) and that the costs of the environmental harm should be borne by the polluter (Article 191TFEU), calls on the Council in its capacity as a co-legislator for the effective implementation of the third pillar of the Aarhus Convention to guarantee access to courts for natural persons and NGOs for representative action to directly file a lawsuit against an operator potentially liable for environmental harm;
Amendment 143 #
2020/2027(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that in cases of extremely widespread pollution, not just environmental liability instruments, but a multitude of instruments, including administrative measures, financial penalties and in some cases criminal prosecution, should be applied to remedy the problem; notes that criminal penalties alone are often ineffective as they may lead to large dismissals of environmental cases especially in Member States where there is no criminal liability of the corporate entity; also notes that in many Member States administrative financial penalties are increasingly used; calls therefore on the Commission to facilitate, and on Member States to use, administrative fines as a complementary tool alongside criminal sanctions;
Amendment 150 #
2020/2027(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls for the scope of the ECD to be reviewed to ensure that it covers all relevant environmental legislation taking into account new types and patterns of environmental crime, including illegal logging and timber trade, illegal fishing, human-made fires and carbon credit fraud and all activities that contribute to cover-up environmental crimes;
Amendment 152 #
2020/2027(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Calls for minimum rules under the ECD with regard to the definition of sanctions and on the Commission to issue guidance on what constitutes effective, dissuasive and proportionate sanctions and a uniform application of sanctions in the EU and minimum standards for national authorities on the frequency and quality of checks on operators; the ECD should include requirements for Member States on data collection, publication and reporting, while using synergies with existing reporting obligations for Member States under the EU sectoral legislation listed in the annexes to the Directive;
Amendment 155 #
2020/2027(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17 c. Calls for further clarification and guidance on the interpretation of some legal terms of the ECD, such as “substantial damage”, “non-negligible quantity”, “negligible quantity” and “negligible impact”, “dangerous activity” and “significant deterioration” to ensure consistent application in individual Member States and facilitate cross-border cooperation;
Amendment 156 #
2020/2027(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17 d. Calls on the Commission to examine the possibility of a legislative proposal for the crime of ecocide and calls on the EU and Member States to work in order to extend the jurisdiction of the International Criminal Court to the ecocide as well; this extension would make it possible to recognize that large- scale environmental crimes are comparable to voluntary violations of human rights or to outright warlike actions;
Amendment 159 #
2020/2027(INI)
Motion for a resolution
Paragraph 17 e (new)
Paragraph 17 e (new)
17 e. calls on the Commission to examine the possibility of establishing a European Environmental Criminal Court with powers similar to those of the International Criminal Court in The Hague, which enforces the 'polluter pays' principle, including compensation for victims;
Amendment 80 #
2020/2019(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests that the Commission submit without undue delay a set of legislative proposals comprising a Digital Services Act with a wide material, personal and territorial scope, includingand which clearly defines key concepts, wherever possible, and includes the recommendations as set out in the Annex to this resolution; considers that, without prejudice to detailed aspects of the future legislative proposals, Article 114 of the Treaty on the Functioning of the European Union should be chosen as the legal basis;
Amendment 109 #
2020/2019(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the regulation must proscribe content moderation practices that are discriminatory, including towards the most vulnerable, and must always respect the fundamental rights and freedoms of citizens, and in particular freedom of expression;
Amendment 117 #
2020/2019(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends the establishment of a European Agency tasked with developing common standards and creating new analysis and revision tools, monitoring and enforcing compliance with contractual rights as regards content management, auditing any algorithms used for automated content moderation and curation, and imposing penalties for non-compliance;
Amendment 155 #
2020/2019(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Believes that the Commission must provide the requisite legal certainty as regards certain key definitions, such as the concepts of ‘systemic platform’ and ‘hosting platform’, so as to ensure a harmonised approach at EU level and expedite the removal of illegal content; considers furthermore that there is a need, in this connection, for a clear and precise definition of what is meant by ‘illegal content’;
Amendment 172 #
2020/2019(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to assess the possibility of defining fair contractual conditions to facilitate data sharing with the aim of addressing imbalances in market power; suggests, to this end, to explore options to facilitate the interoperability and portability of data; calls for the introduction of rules and procedures which facilitate the sharing, with the relevant supervisory authorities, of the data used by systemic and hosting platforms, and which include content moderation tools and the means to remove illegal content;
Amendment 177 #
2020/2019(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls forRequests that content hosting platforms to give users the choice of whether to consent to the use of targeted advertising and targeted information based on the user’s prior interaction with content on the same content hosting platform or on third party websites; believes that users ought always to be fully informed of the use made of their personal data and be able to leave hosting platforms at any time and delete their personal data; considers that the gathering and selling-on of data for purposes of political manipulation must be prohibited and punishable;
Amendment 5 #
2020/2016(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the 'European Ethical Charter on the Use of Artificial Intelligence in Judicial Systems and their environment', adopted by the European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe on 3 December 20181 a, _________________ 1a https://rm.coe.int/ethical-charter-en- for-publication-4-december- 2018/16808f699c
Amendment 8 #
2020/2016(INI)
Draft opinion
Recital A
Recital A
A. whereas the right to fair trial is aone of the fundamental rights which also appliesy to enforcement of the law;
Amendment 22 #
2020/2016(INI)
Draft opinion
Recital B
Recital B
B. whereas technologies such as artificial intelligence (AI) and related technologies will contribute to the reducing of crime rates, the use ofmay be used to analyse statistical data analytics in crime analysis and prevention, and thecontribute to the proper operation of criminal justice systems;
Amendment 25 #
2020/2016(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas, owing to the intrinsically opaque nature of AI-systems, the new tools used in criminal justice contexts might conflict with some fundamental freedoms;
Amendment 27 #
2020/2016(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas possible risks linked to the application of AI-systems in criminal justice matters need to be prevented and mitigated in order to safeguard the fundamental rights of suspects and accused persons in criminal proceedings;
Amendment 30 #
2020/2016(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the European Ethical Charter on the Use of Artificial Intelligence in Judicial Systems and their environment, adopted by the European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe, lays down some fundamental guidelines to which public and private entities responsible for the design and development of AI tools and services should adhere; whereas, in particular, the Ethical Charter consists of the following principles: 1) principle of respect for fundamental rights; 2) principle of non- discrimination; 3) principle of quality and security; 4) principle of transparency, impartiality and fairness; 5) principle 'under user control';
Amendment 47 #
2020/2016(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the importance of beingincreasing the transparency of AI-systems that are used in criminal justice matters in order to enable judicial oversight and to be able to access AI-produced or AI- assisted outputs for notification procedures and theand, ultimately, to define the responsibility and role of AI and related technologies in criminal law enforcement and crime prevention; recalls the importance of questions related to governance, transparency and accountability;
Amendment 52 #
2020/2016(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers it vital that the application of AI-systems in the context of criminal proceedings should ensure respect for the fundamental principles of criminal proceedings, including the right to a fair trial, the preservation of the principle of the presumption of innocence and the right to an effective remedy, as well as ensuring monitoring and independent control of automated decision-making systems;
Amendment 53 #
2020/2016(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the use of AI applications in use by law enforcement includconnection with law enforcement is already a reality and is expected to grow and intensify, at various levels, over the coming years; whereas law enforcement authorities in various Member States already make extensive use of those technologies; whereas these applications such asinclude facial recognition technologies,and biometric identification software, analysis software and videos and images, including automated number plate recognition, speakerech identification, speech identification technologies, 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, 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;
Amendment 89 #
2020/2016(INI)
Motion for a resolution
Paragraph 2
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, and the right to an effective remedy and a fair trial, in addition to addressing any ethical and professional conduct-related issues stemming from a possible disengagement of judicial bodies;
Amendment 91 #
2020/2016(INI)
Motion for a resolution
Paragraph 2
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, and the right to an effective remedy and a fair trial, in addition to taking into account the principle of the rehabilitative role of the penalty;
Amendment 122 #
2020/2016(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the potential for bias and discrimination arising from the use of machine learning and AI applications; notes that biases can be inherent in underlying datasets, especially when historical data is being used, introduced by the developers of the algorithms, or generated when the systems are implemented in real world settings; points out that the result provided by AI applications is necessarily influenced by the quality of the data used by the applications themselves, and calls for the introduction of mechanisms to ensure the quality of the data, the independence of their source, the independence of the authority collecting them and the accessibility of all data used by AI applications;
Amendment 155 #
2020/2016(INI)
Motion for a resolution
Paragraph 10
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 the possibility of a recourse for a remedy; refers, in this regard, to Article 22 of the General Data Protection Regulation which stipulates that a person has the right not to be subject to a decision which produces legal effects concerning him or her or significantly affects him or her and is based solely on automated data processing designed to evaluate certain aspects of that person's personality;
Amendment 208 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 10 a (new)
Annex I – part B – recital 10 a (new)
(10a) In order to protect consumers, ensure due transparency, analyse possible choices made by AI-systems and, lastly, determine the responsibility of the deployer, this Regulation should introduce a requirement to equip at least those AI-systems considered to be of high risk with a recorder similar to mandatory flight recorders for aeroplanes. Those recorders should be fully accessible to the public authority, allowing full verification of liability for damage or injury caused by an AI-system. Following an accident, serious incident or event identified by the investigating authority, the deployer of an AI-system should store the original data from those recorders for a period of 60 days or until otherwise agreed by the investigating authority. The deployer of an AI-system should carry out regular checks and operational assessments on the proper functioning of those recorders.
Amendment 324 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 3 a (new)
Annex I – part B – Article 4 – paragraph 3 a (new)
3a. The burden of proof in respect of harm or damage caused by a high-risk AI activity shall lie with the deployer and not with the person concerned.
Amendment 325 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 3 b (new)
Annex I – part B – Article 4 – paragraph 3 b (new)
3b. The deployer of a high-risk AI-system must ensure that the AI-systems are equipped with a data recorder that uses a digital method of recording and storing data and for which a method of readily retrieving that data from the storage medium is available: The deployer shall make available any data recorder recording that has been conserved, if so decided by the competent authority. The deployer must ensure that the data recorders operate efficiently at all times. Following an accident or an incident occasioning harm or damage to a person concerned, the deployer of a high-risk AI-system must conserve the relevant original data for a period of 60 days unless otherwise instructed by the investigating authority.
Amendment 386 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 2 – point a
Annex I – part B – Article 8 – paragraph 2 – point a
Amendment 390 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 2 – paragraph 1
Annex I – part B – Article 8 – paragraph 2 – paragraph 1
The deployer shall not be able to escape liability by arguing that the harm or damage was caused by an autonomous activity, device or process driven by his or her AI-system. The deployer shall not be liable if the harm or damage was caused by force majeure.
Amendment 28 #
2020/2009(INI)
Motion for a resolution
Citation 33 a (new)
Citation 33 a (new)
— having regard to its resolution of 23 October 2013 on organised crime, corruption and money laundering: recommendations on action and initiatives to be taken (final report) (2013/2107(INI)),
Amendment 67 #
2020/2009(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the spreading, on a massive scale, of news from different sources which are difficult to verify, with the ever growing role of social media and messaging platforms, is having a negative impact on the fundamental rights of citizens in Europe; whereas the global COVID-19 pandemic has made the need to ensure free and independent information even clearer, in order to protect the fundamental rights of citizens; whereas the lack of a coordinated communication strategy at EU level has facilitated the wave of disinformation concerning the pandemic, especially on social media and messaging platforms;
Amendment 75 #
2020/2009(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the global COVID-19 crisis is having a devastating social and economic impact on the media sector; whereas this involves a serious risk of further fostering the concentration of information in the hands of a few and preventing the spread of free and independent information;
Amendment 77 #
2020/2009(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the COVID-19 pandemic has led to the stigmatisation, through the media, of some particularly vulnerable individuals, fostering the polarisation of European society and the proliferation of hate speech;
Amendment 81 #
2020/2009(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the internet and social media play a major role in spreading hate speech and fostering radicalisation leading to violent extremism, through the circulation of illegal contentinformation swiftly and it is therefore necessary to make it easier for digital service providers to be vigilant and cooperate with the courts of the Member States in order to promptly remove all illegal content that could lead to a large- scale, rapid dissemination of hate speech and incitement to discrimination or violence, while encouraging violent extremism; whereas digital service providers must not become privatised censors and their removal of content must be done while fully respecting the fundamental freedoms enshrined in the EU Charter of Fundamental Rights, and be subject to effective judicial review;
Amendment 94 #
2020/2009(INI)
Motion for a resolution
Recital I
Recital I
Amendment 144 #
2020/2009(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points to the final recommendations of the CRIM special committee set out in its resolution of 23 October 2013 on organised crime, corruption and money laundering, according to which defamation and libel laws dissuade possible reporting of corruption; reiterates the call it issued to all the Member States to de-penalise defamation and libel laws in their legal systems, at least for cases involving allegations of organised crime, corruption and money laundering in Member States and abroad;
Amendment 179 #
2020/2009(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Expresses concern over the disinformation campaigns and uncontrolled spread of fake news in Europe during the COVID-19 pandemic, the main targets of which have been the governments of several EU countries, including Italy; takes the view that these disinformation campaigns seek to undermine the democratic process and citizens' trust in the democratic institutions of the Member States; regrets, in this regard, the failure to conduct a coordinated communication campaign at EU level in order properly to inform EU citizens of the risks relating to the COVID-19 pandemic and the need for action by the governments of the Member States to contain the spread of the pandemic;
Amendment 204 #
2020/2009(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Condemns all types of incidents of hate crime and hate speech that occur regularly within the EU; expresses particular concern over hate crimes and crimes relating to incitement to discrimination or violence which have become widespread during the global COVID-19 pandemic, leading to the stigmatisation of some particularly vulnerable individuals;
Amendment 231 #
2020/2009(INI)
Motion for a resolution
Paragraph 14
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 independence of the media; calls for greater collaboration between online platforms and law-enforcement authorities to limit the spread of fake news and messages that incite hatred or instigate discrimination and violence; is of the view that the prompt removal of illegal content is an effective way to curb the uncontrolled spread of fake news; notes, however, that online platforms cannot and must not become private censors and that any removal of illegal content by online platforms must always be subject to review by the courts of the Member States, in order to protect freedom of expression, the right to free and independent information and the fundamental rights of citizens in general;
Amendment 18 #
2020/1998(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes note of the proposal to increase the appropriations of the European Union Agency for Law Enforcement Cooperation (Europol) by 11.5% while leaving the number of statutory staff unchanged; in particular, it is concerned by the lack of increase of human resources for Europol, which will undermine Europol’s development and operational activities in 2021; reminds that the Agency is requested to provide increased operational support to Member States and, upon request, has recently launched new initiatives such as the European Financial and Economic Crime Centre and the Innovation Lab which require additional funding; expects Agency’s tasks to be further extended in 2021 with the upcoming revision of the Agency mandate; considers, therefore, that EUR 184 900 000 should be provided to the Agency in line with its request; requests to add further 63 posts to the Agency establishment plan;
Amendment 28 #
2020/1998(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Highlights the crucial role played by Europol to ensure the security of EU citizens and the support to national law enforcement authorities in fighting ever evolving security threats; notes the impact of the COVID 19 crisis on the European organised crime landscape and the surge of criminal activities in specific areas, such as child sexual abuse online and goods counterfeiting. Underlines that post-COVID economic recovery efforts calls for the highest level of vigilance to prevent and fight criminal infiltrations in the legal economy; believes that, as part of an EU coordinated approach, the EU agencies and bodies, such as Europol, EPPO, Eurojsut and OLAF, can contribute to combat organised crime activates and potential fraud of the EU recovery budget.
Amendment 126 #
2020/0350(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37b – paragraph 2
Article 37b – paragraph 2
2. The executing Member State shall communicate the information referred to in paragraph 1(a) to Europol through the exchange of supplementary information. The executing Member State shall exchange information with Europol based on a timely assessment of the immediate risk of life or serious harm for individuals, particularly minors.
Amendment 208 #
2020/0349(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 250 #
2020/0349(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point ii
Article 1 – paragraph 1 – point 2 – point a – point ii
Regulation (EU) 2016/794
Article 4 – paragraph 1 – point j a – new
Article 4 – paragraph 1 – point j a – new
(j a) cooperate with Financial Intelligence Units regulated by Directive 2015/849 of the European Parliament and of the Council on the basis of Article 114 TFEU, in particular through exchanges of information and by providing them with analytical support to combat money laundering and terrorism financing
Amendment 299 #
2020/0349(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2016/794
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Member States shall ensure that their competent authorities, particularly their financial intelligence units established pursuant to Directive (EU) 2015/849 of the European Parliament and of the Council*, are allowed to cooperate with Europol in accordance with Article 11 and Article 12 of Directive (EU) 2019/1153 of the European Parliament and the Council**, in particular via their national unit regarding, via their national unit or, if allowed by that Member State, by direct contact with Europol regarding bank account information, financial information and analyses, within the limits of their mandate and competence.”
Amendment 323 #
2020/0349(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EU) 2016/794
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Without prejudice to Article 8(4), Article 18(2)(e) and Article 18a, categories of personal data and categories of data subjects whose data may be collected and processed for each purpose referred to in points (a) to (c) and (f) of paragraph 2 are listed in Annex II.
Amendment 343 #
2020/0349(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 1 – point a
Article 18a – paragraph 1 – point a
(a) a Member State or the EPPO provides an investigative case file to Europol pursuant to point (a) of Article 17(1) for the purpose of operational analysisprocessing in line with the purposes outlined in Article 18(2) in support of that specific criminal investigation within the mandate of Europol pursuant to point (c) of Article 18(2); and
Amendment 361 #
2020/0349(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 4
Article 18a – paragraph 4
4. Paragraphs 1 to 3 shall also apply where Europol receives personal data from a third country with which there is an agreement concluded either on the basis of Article 23 of Decision 2009/371/JHA in accordance with point (c) of Article 25(1) of this Regulation or on the basis of Article 218 TFEU in accordance with point (b) of Article 25(1) of this Regulation, or which is the subject of an adequacy decision as referred to in point (a) of Article 25(1) of this Regulation, and such third country provides an investigative case file to Europol for operational analysis that supports the specific criminal investigation in a Member State or in Member States that Europol supports. Where a third country provides an investigative case file to Europol, the EDPS shall be informed. Europol shall verify that the amount of personal data is not manifestly disproportionate in relation to the specific investigation in a Member State that Europol supports, and that there are no objective elements indicating that the case file has been obtained by the third country in manifest violation of fundamental rights. Where Europol, or the EDPS,Europol reaches the conclusion that there are preliminary indications that such data is disproportionate or collected in violation of fundamental rights, Europol shall not process it. Data processed pursuant to this paragraph may only be accessed by Europol where necessary for the support of the specific criminal investigation in a Member State or in Member States. It shall be shared only within the Union.;
Amendment 546 #
2020/0349(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 39 – point b
Article 1 – paragraph 1 – point 39 – point b
Regulation (EU) 2016/794
Article 61 – paragraph 2
Article 61 – paragraph 2
2. Europol may award grants related to the fulfilment of its objectives and tasks as referred to in Articles 3 and 4.” These may include grants to one or more third countries provided that this is justified operationally and contributes to the achievement of Europol’s objectives and tasks as established by Chapter I;
Amendment 260 #
2020/0279(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the Report should also indicate whether the said Member States are faced with such challenges. Those Member States should also be able to rely on the use of the ‘solidarity pool’ for the relocation of vulnerable persons.
Amendment 300 #
2020/0279(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, an automatic solidarity mechanism should be established which is effective and ensures that applicants have swift access to the procedures for granting international protection. Such a mechanism should provide for different types of solidarity measureprimarily for the relocation of asylum applicants and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member State.
Amendment 301 #
2020/0279(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 318 #
2020/0279(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specific characteristics ofThe solidarity mechanism should also apply to disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specific process applicable to people disembarked following those operations irrespective of whether there is a situation of migratory pressure.
Amendment 334 #
2020/0279(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration Management Report should set out the short-term projections of disembarkations anticipated for such operations and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation. The Commission should adopt an implementing act establishing a pool of solidarity measures (‘the solidarity pool’) with the aim of assisting the Member State of disembarkation to address the challenges of such disembarkations. Such measures should comprise applicants for international protection that are not in the border procedure orand measures in the field of strengthening of capacity in the field of asylum, reception and return, orand operational support, orand measures in the external dimension.
Amendment 361 #
2020/0279(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The overall contribution of each Member State to the solidarity pool should be determined through indications by Member States of the measures by which they wish to contribute. Where Member States contributions are insufficient to provide for a sustainable solidarity response the Commission should be empowered to adopt an implementing act setting out the total number of third- country nationals to be covered by relocation and the share of this number for each Member State calculated according to a distribution key based on the population and the GDP of each Member State. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall of greater than 30% of the total number of relocations identified in the Migration Management Report, the Commission should be able to adjust the contributions of these Member States which should then contribute half of their share identified according to the distribution key either by way or relocation, or when so indicated, through return sponsorship.
Amendment 373 #
2020/0279(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 375 #
2020/0279(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 387 #
2020/0279(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 402 #
2020/0279(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 409 #
2020/0279(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 423 #
2020/0279(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 442 #
2020/0279(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Where the Migration Management Report identifies needs in a Member State under migratory pressure in the field of capacity measures in asylum, reception and return or in the external dimension, contributingthe other Member States should be able to make contributions to these needs instead of relocation or return sponsorship. In order to ensure that such contributions are in proportion to the share of the contributing Member State the Commission should be able to increase or decrease of such contributions in the implementing act. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall greater than 30% of the required number of persons to be relocated or subject to return sponsorship, the Commission should be able to adjust the contributions of these Member States in order to ensure that they contribute half of their share to relocation or return sponsorship. Such contributions may not replace contributions to relocation.
Amendment 448 #
2020/0279(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 456 #
2020/0279(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 599 #
2020/0279(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Considering that a Member State should remain responsible for a person who has irregularly entered its territory, it is also necessary to include the situation when the person enters the territory following a search and rescue operation. A derogation from this responsibility criterion should be laid down for the situation where a Member State has relocated persons having crossed the external border of another Member State irregularly orit is also necessary to include the situation when the person enters the territory following a search and rescue operation. In such a situation, the Member State of relocation should be responsible if the person applies for international protection.
Amendment 1180 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 1201 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Where a Member State cannot carry out the transfer pursuant to the first subparagraph to any Member State designated on the basis of the criteria set out in Chapter II of Part III or to the first Member State with which the application was registered, that Member State shall become the Member State responsible.
Amendment 1230 #
2020/0279(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where a third-country national or stateless person intends to make an application for international protection, the application shall be made and registered in the Member State of first where the applicant is presentry.
Amendment 1498 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. When it is not possible to determine the Member State responsible on the basis of the other criteria set out in this Chapter, the Member State responsible shall be determined on the basis of the automatic solidarity mechanism set out in Chapter I of Part IV.
Amendment 1565 #
2020/0279(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 1694 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. If a Member State where an application for international protection has been registered considers that another Member State is responsible for examining the application, it shall, without delay and in any event within twohree months of the date on which the application was registered, request that other Member State to take charge of the applicant.
Amendment 1699 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Articles 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21 of Regulation (EC) No 767/2008, the request to take charge shall be sent within onetwo months of receiving that hit.
Amendment 1738 #
2020/0279(COD)
Proposal for a regulation
Article 31 – title
Article 31 – title
Submitting a take back notificationrequest
Amendment 1754 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. A take back notificationrequest shall be made using a standard form and shall include proof or circumstantial evidence as described in the two lists referred to in Article 30(4) and/or relevant elements from the statements of the person concerned.
Amendment 1760 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The notified Member State to which the request is made shall confirm receipt of the notificationrequest to the Member State which made the notificationrequest within one week, unless the notified Member State to which the request is made can demonstrate within that time limit that its responsibility has ceased pursuant to Article 27.
Amendment 1765 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 1772 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back notifications. requests. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 67(2).
Amendment 2014 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. Solidarity contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shall consist of the following types:
Amendment 2023 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) relocation of applicants who are not subject to the border procedure for the examination of an application for international protection established by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation];
Amendment 2029 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
Amendment 2042 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point c a (new)
Article 45 – paragraph 1 – point c a (new)
(ca) relocation of illegally staying third-country nationals.
Amendment 2060 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 a (new)
Article 45 – paragraph 1 a (new)
1a. The measures set out in paragraph 1, point (c) are offered in addition to the measure provided for in paragraph 1, point (a).
Amendment 2064 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 2078 #
2020/0279(COD)
Proposal for a regulation
Article 45 a (new)
Article 45 a (new)
Article 45a Automatic solidarity mechanism 1. The solidarity mechanism set out in this article shall apply automatically for the benefit of a Member State where the redistribution criteria set out in Chapter II cannot be applied. 2. The solidarity mechanism shall include the measures set out in points (a), (b) and (c) of Article 45. 3. The mechanism set out in paragraph 1 shall be binding upon all Member States. 4. The number of applicants to be relocated for each Member State shall be determined by the Commission in an implementing act by applying the key indicated in Article 54 in the preceding 12 months.
Amendment 2080 #
2020/0279(COD)
Proposal for a regulation
Article 46
Article 46
Article 46 deleted Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.
Amendment 2088 #
2020/0279(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 2097 #
Amendment 2146 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 1 – introductory part
Article 48 – paragraph 1 – introductory part
1. Within two weeks from the submisspresentation of the SAR Solidarity Response Plans referred to in Article 47(4) or two weeks from the end of the Solidarity Forum referred to in Article 47(5), and where the total solidarity contributions indicated by all the Member States in their Plans corresponds to, or is considered by the Commission to be sufficiently close to the total solidarity contributions set out in the Migration Management Report, the Commission shall adopt an implementing act setting out the solidarity measures indicated by Member States pursuant to Article 47(4) or Article 47(5). Such measures shall constitute a solidarity pool for each Member State expected to be faced with disembarkations in the short term, the Commission shall adopt an implementing act setting out the solidarity measures.
Amendment 2148 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 1 – subparagraph 1
Article 48 – paragraph 1 – subparagraph 1
Amendment 2149 #
Amendment 2153 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 2 – point a
Article 48 – paragraph 2 – point a
Amendment 2157 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 2 – point b
Article 48 – paragraph 2 – point b
Amendment 2159 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 2 – point c
Article 48 – paragraph 2 – point c
Amendment 2161 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 1
Article 48 – paragraph 2 – subparagraph 1
Amendment 2166 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 2
Article 48 – paragraph 2 – subparagraph 2
Amendment 2170 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 3
Article 48 – paragraph 2 – subparagraph 3
Amendment 2176 #
Amendment 2200 #
Amendment 2271 #
2020/0279(COD)
Proposal for a regulation
Article 51
Article 51
Amendment 2302 #
Amendment 2348 #
Amendment 2385 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a
Article 54 – paragraph 1 – point a
(a) the size of the population (540% weighting);
Amendment 2389 #
2020/0279(COD)
(b) the total GDP (540% weighting).
Amendment 2397 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point b a (new)
Article 54 – paragraph 1 – point b a (new)
(ba) the unemployment rate (20% weighting)
Amendment 2401 #
Amendment 352 #
Amendment 355 #
2020/0278(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a procedure for the screening at the external borders of the Member States of all third-country nationals who have crossedare present on the external border in an unauthorised manner, of those who have applied for international protection during border checks without fulfilling entry conditions, as well as those disembarked after a search and rescue operation, before they are referred to the appropriate procedureritory of Member States and were not subject to checks at the Member States' external border.
Amendment 372 #
2020/0278(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
The object of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that the persons subject to it do not pose a threat to internalrisk to security. The screening shall also entail health checks, where appropriate, to identify persons vulnerable and in the need of health care as wellnd the ones posing a threat to public health, along with checks to identify vulnerable persons. Those checks shall contribute to referring such persons to the appropriate procedure.
Amendment 399 #
2020/0278(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Amendment 402 #
2020/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. This Regulation shall apply to all third-country nationals, irrespective of whether they have applied for international protection, who:
Amendment 410 #
2020/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) are disembarked in the territory of a Member State following a search and rescue operation and do not meet the entry conditions laid down in Article 6 of Regulation (EU) 2016/399.
Amendment 412 #
2020/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Amendment 414 #
2020/0278(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 425 #
2020/0278(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. During the screening, the persons referred to in Article 3, paragraphs 1 and 2 shall not be authorised to enter the territory of a Member StateThird-country citizens subject to screening shall, for the duration of the procedure, remain at the disposal of the determining authorities in the places referred to in Article 6(1). Member States shall lay down provisions to this effect in their national legislation with a view to completing the necessary checks.
Amendment 435 #
2020/0278(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 446 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. In the cases referred to in Article 3, the screening shall be conducted at locations situated at or in proximity to the external borderThe screening shall be conducted in the Member States' respective appropriate forums.
Amendment 459 #
2020/0278(COD)
Amendment 466 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. In the cases referred to in Article 3, tThe screening shall be carried out without delay and shall in any case be completed within 5 days from the apprehension in the external border area,or the disembarkation in the territory of the Member State concerned or the presentation at the border crossing point. In exceptional circumstances, where a disproportionate number of third-country nationals needs to be subject to the screening at the same time, making it impossible in practice to conclude the screening within that time-limit, the period of 5 days may be extended by a maximum of an additional 5 days.
Amendment 738 #
2020/0278(COD)
Proposal for a regulation
Article 14 – title
Article 14 – title
14 The third country nationals referred to in Article 3(1) point (a) and (b) of this Regulation whoFinalisation of the screening
Amendment 739 #
2020/0278(COD)
Proposal for a regulation
Article 14 – paragraph -1 (new)
Article 14 – paragraph -1 (new)
-1. Upon completion of the screening or, at the latest, upon expiry of the time limits referred to in Article 6, the following rules shall apply.
Amendment 742 #
2020/0278(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – introductory part
Article 14 – paragraph 1 – subparagraph 1 – introductory part
The third country nationals referred to in Article 3(1) point (a) and (b) of this Regulation who
Amendment 750 #
2020/0278(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 2
Article 14 – paragraph 1 – subparagraph 1 – indent 2
Amendment 785 #
2020/0278(COD)
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. Where the third country nationals referred to in Article(s) 3(1) and Article 5 are referred to an appropriate procedure regarding asylum or return, the screening ends. Where not all the checks have been completed within the deadlines referred to in Article 6(3) and (5), the screening shall nevertheless end with regard to that person, who shall be referred to a relevant procedure.
Amendment 14 #
2019/2208(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Commission has only assessed the implementation of the Return Directive once (in 2014), despite the legal obligation under Article 19 of the directive to report on its application every three years, starting from 2013; whereas in 2015 the Commission published a communication setting out an action plan on returns; whereas in 2017 it issued a recommendation on making returns more effective when implementing Directive 2008/115/EC and published a Return Handbook;
Amendment 25 #
2019/2208(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the Commission, in its action plan on return published in 2015, expressed the view that voluntary returns were the preferred option whenever possible; whereas - again, as stated by the Commission in its action plan - 'it is estimated that around 40% of returns were voluntary departures, from just 14% in 2009';
Amendment 27 #
2019/2208(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the evaluations carried out by the Commission when publishing its recommendation on making returns more effective indicated that 'the margins of discretion left to the Member States by Directive 2008/115/EC led to an inconsistent transposition in national legislations, with a negative impact on the effectiveness of the Union return policy' and that 'a more effective implementation of that Directive would reduce possibilities of misuse of procedures and remove inefficiencies, while ensuring the protection of fundamental rights as enshrined in the Charter of Fundamental Rights of the European Union';
Amendment 65 #
2019/2208(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. StressesAgrees with the Commission about the importance of improving the effective implementation of the directive; highlights that such effectiveness should not only be measured in quantitative terms by referring to the return rate, but also in qualitative terms, such as the sustainability of returns and fundamental rights;
Amendment 70 #
2019/2208(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to harmonise the rules on return, including through the adoption of a regulation, in order to eliminate differences between Member States' systems and to increase the implementation of return decisions, with the support also of the European Border and Coast Guard Agency;
Amendment 73 #
2019/2208(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
Amendment 89 #
2019/2208(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to continue considering voluntary returns as the preferred option over forced returns and to encourage Member States to develop an effective framework in order to give irregular migrants easy access to voluntary return programmes;
Amendment 93 #
2019/2208(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Considers it vital that assisted voluntary return programmes are designed in such a way as to avoid encouraging migrants to travel to Europe irregularly in order to benefit from such programmes; calls on the Commission, in this regard, to fulfil its commitments and assess whether differences between Member States' voluntary return and reintegration programmes might not lead to a situation where migrants cherry-pick the Member States offering the best conditions;
Amendment 95 #
2019/2208(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the Commission to continue to fund and increase the resources available to Member States and governmental and non-governmental partners, in order to encourage assisted voluntary return programmes with the ultimate aim of ensuring sustainable returns and reintegration;
Amendment 184 #
2019/2208(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that the detention of irregular migrants to be returned should always be considered a measure of last resort and should always be subject to time limits and safeguards for those being deprived of their personal freedom; calls on the Member States to implement alternative measures to detention that are less coercive and radical;
Amendment 29 #
2019/2206(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the lack of an automatic mandatory redistribution mechanism for applicants for international protection within the European Union has meant that one-third of the Member States currentlyhave played host to 90% of asylum seekers;
Amendment 61 #
2019/2206(INI)
Motion for a resolution
Recital D
Recital D
D. whereas there have been significant shortcomings in the implementation of the Dublin III Reg implementation of the Dublin III Regulation has been a total failure because of rules that have proven themselves to be inappropriate for dealing with substantial influxes of migrants, resulation, including during the COVID- 19 crisis,ng in a system that places excessive responsibility and burdens upon a few Member States, and has seriously undermininged the right to international protection and, leading to violations of fundamental rights;
Amendment 81 #
2019/2206(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the Dublin system places a significant burden on a minority of Member States, in particular when influxes of migrants occur; takes the view that the EU therefore needs a solidarity mechanism which makes for fair sharing of burdens and responsibility among Member States, including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asylum; in- depth changes are needed to the rules and criteria for assigning responsibility, moving beyond the principle of first country of irregular entry, broadening the concept of family unit and adding other connecting factors to determine responsibility for examining an application for international protection; considers it vital to establish a mandatory solidarity mechanism that is automatically applicable to all Member States; the mechanism should have no application thresholds and be constantly updated, making for fair sharing of burdens and responsibility among Member States on the basis of objective criteria such as Gross Domestic Product, population and unemployment rate in the various Member States; considers it essential to relocate to the various EU Member States - directly at the time of irregular entry into the territory of the Union, and without prior screening of any kind - all those seeking international protection in the Union; considers, in this regard, that any prior screening has the sole effect of imposing excessive burdens on the Member States of first arrival and can under no circumstances replace a thorough individual examination of an application for international protection; is of the view that provision should also be made for an ad hoc redistribution mechanism for all those who are rescued in the course of a search and rescue operation and who request international protection; considers, furthermore, that the Dublin system should always be able to ensure flexibility of application, in particular by avoiding the laying down of rules that involve the sole, permanent responsibility of one Member State;
Amendment 104 #
2019/2206(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that ad hoc agreements are no substitute for a harmonised and sustainable policy at EU level; deplores the fact that efforts to overhaul the Dublin III Regulation have been blocked in the Council; finds it particularly regrettable that the Union is currently faced with the same set of rules which have helped exacerbate divisions between Member States and have proven to be totally ineffective in managing a large influx of refugees, such as that which the Union had to deal with in 2015-2016;
Amendment 133 #
2019/2206(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to make use of the discretionary clause in Article 17 when exceptional circumstances so warrant, for example to relocate asylum seekers currently living in the Greek hotspots in an atmosphere of extreme tension and to provide decent reception conditions;
Amendment 203 #
2019/2206(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the number of transfer procedures has increased significantly, generating considerable human, material and financial costs; deplores, however, the fact that in only 11% of cases are transfers actually carried out, a further factor in the permanent overloading of asylum systems; stresses the lack of cooperation and information-sharing between Member States; regards efforts to combat secondary movements as essential in order to reduce the number of transfer requests; proposes that the conditions which trigger transfer procedures be clarified and harmonised;
Amendment 220 #
2019/2206(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that in some cases the rules on transfer of responsibility under Dublin III undermine the efficiency of asylum procedures and the carrying-out of transfers and contribute to the increase in the number of secondary movements by encouraging asylum-seekers to remain outside the systemby encouraging asylum-seekers to remain outside the system; deplores the often spurious reasons put forward by Member States for refusing transfers; calls on the Commission to revise the rules, in order to give Member States sufficient time to carry out transfers, and dto away with transfer of responsibility in cases where an asylum seeker abscondmonitor the situation and, where necessary, impose penalties on Member States which refuse transfers;
Amendment 246 #
2019/2206(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the rate of protection for asylum seekers varies greatly between Member States for certain nationalities; considers that a harmonisation of procedures, which should include also a common list of safe countries of origin and a shared country-risk analysis, or at least greater convergence, would reduce these disparities, and thus also the number of secondary movement in order to determine whether a given third country can be considered a safe country, would reduce these disparities; stresses that the return of persons not eligible for asylum is a prerequisite for the effectiveness of the Dublin III Regulation and that voluntary return mechanisms should be encouraged;
Amendment 264 #
2019/2206(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that some two-thirds of asylum applications are submitted by nationals of safethird countries who have arrived in the EU on a visa or visa waiver; considers that these applications may, in such cases, prove to be manifestly unfounded applications, while contributeing to the overloading of asylum systems in the Member States, lengthening the time needed to examine applications and, ultimately, may have an adverse effect on the right to international protection in the Union; calls on the Commission and the Member States to make asylum and visa policies more consistent;
Amendment 114 #
2019/2199(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas according to Eurostat, 21 Member States have a national minimum wage; whereas, however, in some cases the minimum wage is so low compared to the average that many workers are forced to live virtually on the poverty threshold and there is a risk of social dumping and exploitation in other Member States;
Amendment 126 #
2019/2199(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas income poverty is only a part of the overall concept of poverty, and therefore poverty does not refer only to material resources, but also to social resources, notably education, health and access to services;
Amendment 225 #
2019/2199(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas corruption constitutes a serious threat to rule of law in the EU, as citizens are burdened and discriminated against in regard to equal enjoyment of their civic, political, economic, social and cultural fundamental rights; whereas corruption distorts the size and composition of public expenditure, seriously jeopardising the state’s capacity to make maximum use of the resources at its disposal in order to enable its citizens to enjoy to the full their rights;
Amendment 258 #
2019/2199(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. States that the minimum wage shall be a tool employed to combat social decline by restoring people’s dignity; asks the Commission to comply with the European Trade Union Confederation’s call for a minimum wage, which, in the latter’s view, cannot be set any lower than 60 % of the national median wage, so as to put an end to the precarious circumstances and semi-poverty people in full-time work find themselves and to avoid unfair competition within the internal market;
Amendment 266 #
2019/2199(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the effects of austerity measures have deeply impacted the social fabric of the EU in many Member States and that this continues today – preventing the development of an approach to social investment by Member States and thereby exacerbating already widening inequalities and breaching fundamental rights – and affects women, migrants, Roma, Travellers and other disadvantaged groups with a particular ferocity;
Amendment 273 #
2019/2199(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reasserts the right of Member States to derogate from the budget austerity principle when income support measures are introduced to protect a right guaranteed by the Charter; asks in this regard that investments fostering social inclusion and income support measures be deducted when calculating the deficit under the Stability and Growth Pact;
Amendment 460 #
2019/2199(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Condemns the attacks on media freedom and freedom of expression in the EU; recalls the work by investigative journalists such as Daphne Caruana Galizia and Jan Kuckiack, who were brutally murdered because they were investigating corruption in the Maltese and Slovak Governments, fraudulent use of EU funds, and the infiltration of organised crime right up to the highest levels of state; recalls the necessity of guaranteeing freedom of expression, media pluralism and the key role independent journalism has in a democracy; calls, in this respect, on the Commission to make sufficient funds available to support independent investigative journalism in the EU;
Amendment 524 #
2019/2199(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission and the Member States to implement the Recommendation of the Council of Europe Commissioner for Human Rights of June 2019 entitled ‘Lives saved. Rights protected. Bridging the protection gap for refugees and migrants in the Mediterranean’27; recalls that the right to asylum is expressly protected under Article 18 of the Charter; condemns Member States which, in a clear breach of the solidarity requirement of the Treaties, refuse to receive asylum seekers on their territory; __________________ 27https://rm.coe.int/lives-saved-rights- protected-bridging-the-protection-gap-for- refugees-/168094eb87
Amendment 597 #
2019/2199(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Reiterates that corruption is a serious threat to democracy, the rule of law and fair treatment for all citizens; stresses that, by diverting public funds away from their intended public use, corruption detracts from the level and quality of public services, thereby undermining fundamental rights; calls on the Member States and the EU institutions to devise effective ways of combating corruption and to monitor regularly how public funds are used;
Amendment 602 #
2019/2199(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Believes that the fight against organised crime needs to be viewed as a priority throughout this parliamentary term; stresses in this regard that resources purloined from the legal economy adversely impact the full enjoyment by EU citizens of their fundamental rights as enshrined in the Charter of Fundamental Rights of the European Union;
Amendment 605 #
2019/2199(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Calls on all Member States and the European Union to develop tangible strategies that will promote transparency, make citizens aware of their responsibilities, and fight corruption and the infiltration of organised crime into the real economy of Member States;
Amendment 123 #
2018/0329(COD)
Proposal for a directive
Recital 2
Recital 2
(2) An effective and fair return policyThe external borders of the Member States are the borders of the Union. A joint return policy that is both effective and respectful of the rights of illegally staying migrants is an essential part of the Union’s approach to better manage migration in all aspects, as reflected in the European Agenda on Migration of May 201511. _________________ 11 11 COM(2015)285.
Amendment 128 #
2018/0329(COD)
Proposal for a directive
Recital 3
Recital 3
(3) On 28 June 2018, in its conclusions, the European Council underlined the necessityThe rate of return of migrants in irregular situations in the Union remains too low. As stressed by the European Council on 28 June 2018, in its conclusions, it is necessary to adopt an effective and coherent European return policy with a view to significantly stepping up the effective return of irregular migrants, and welcomed the intention of the Commission to make legislative proposals for a more effective and coherent European return policy through the improvement of return and readmission procedures, including through the conclusion of new bilateral readmission agreements and by ensuring that existing agreements are fully applied.
Amendment 132 #
2018/0329(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The implementation of joint awareness-raising campaigns in third countries on the risks inherent in irregular migration and on the Union’s return policy should be strengthened.
Amendment 150 #
2018/0329(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The link between the decision on ending of the legal stay of a third-country national and the issuing of a return decision should be reinforced in order to reduce the risk of absconding and the likelihood of unauthorised secondary movements. It is necessary to ensure that a return decision is issued immediately after the decision rejecting or terminating the legal stay, or ideally in the same act or decision. That requirement should in particular apply to cases where an application for international protection is rejected, provided that the return procedure is suspended until that rejection becomes final and pending the outcome of an appeal against that rejection.
Amendment 169 #
2018/0329(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To ensure clearer and more effective rules for granting a period for voluntary departure and detaining a third- country national, determining whether there is or there is not a risk of absconding should be based on Union-widesolely on objective criteria. Moreover laid down by this Directive shouland sdet out specific criteria which establish a ground for a rebuttable presumption that a risk of absconding existsermined by a judicial or administrative authority following consideration of the individual circumstances of the case.
Amendment 181 #
2018/0329(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Where there are no reasons to believe that the granting of a period for voluntary departure would undermine the purpose of a return procedure, voluntary return should be preferred over forced return and an appropriate period for voluntary departure of up to 30 days, depending in particular on the prospect of return, should be granted. A period for voluntary departure should not be granted where it has been assessed that third- country nationals pose a risk of absconding, have had a previous application for legal stay dismissed as fraudulent or manifestly unfounded, or they pose a risk to public policy, public security or national security within the meaning of this Directive or they pose a risk to public policy, public security or national security, duly evidenced either by a conviction or by elements that substantiate the assessment that they represent a danger to the public. An extension of the period for voluntary departure should be provided for when considered necessary because of the specific circumstances of an individual case.
Amendment 192 #
2018/0329(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
Amendment 202 #
2018/0329(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The deadline for lodging an judicial appeal against decisions related to return should provide enough time to ensure access to an effective remedy, while taking into account that long deadlines can have a detrimental effect on return procedures. A limit of 30 days should be granted from notification of the return decision in which to appeal against the decision. To avoid possible misuse of rights and procedures, a maximum period not exceeding five15 days should be granted to appeal against a return decision. This provision should only apply following a decision rejecting an application for international protection which became final, including after a possible judicial review.
Amendment 235 #
2018/0329(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The necessary legal aid should be made available free of charge, upon request, to those who lack sufficient resources. National legislation should establish a list of instances where legal aid is to be considered necessary.
Amendment 250 #
2018/0329(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The use of detention for the purpose of removal should be considered a measure of last resort and subject to the principle of proportionality with regard to the means used and objectives pursued. Preference should be given to alternatives to detention. The detention of unaccompanied minors or families with minors should never be possible. Detention is justified only to prepare the return or carry out the removal process and if the application of less coercive measures would not be sufficient.
Amendment 259 #
2018/0329(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Detention should be imposed, following an individual assessment of each case, where there is a risk of absconding, where the third-country national avoids or hampers the preparation of return or the removal process,ithin the meaning of this Directive or when the third- country national concerned poses a risk to public policy, public security or national security.
Amendment 267 #
2018/0329(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Given that maximum detention periods in some Member States are not sufficient to ensure the implementation of return, a maximum period of detention between three and six months, which may be prolonged once only for a maximum of a further six months, should be established in order to provide for sufficient time to complete the return procedures successfully, without prejudice to the established safeguards ensuring that detention is only applied when necessary and proportionate and for as long as removal arrangements are in progress.
Amendment 274 #
2018/0329(COD)
Proposal for a directive
Recital 30
Recital 30
Amendment 283 #
2018/0329(COD)
Proposal for a directive
Recital 32
Recital 32
Amendment 288 #
2018/0329(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 295 #
2018/0329(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 301 #
2018/0329(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 308 #
2018/0329(COD)
Proposal for a directive
Recital 36
Recital 36
Amendment 332 #
2018/0329(COD)
Proposal for a directive
Recital 46
Recital 46
(46) The purpose of an effective implementation of the return of third- country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with this Directive, is an essential component of the comprehensive efforts to tackle irregular migration and represents an important reason of substantial public interest. element of an overall approach to migration, combining more effective control of the Union’s external borders, reinforcement of external action and the internal dimension.
Amendment 344 #
2018/0329(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 367 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
7. ‘risk of absconding’ means the existence of reasons in an individual case which are based on objective criteria defined by lawthis Directive to believe that a third- country national who is the subject of return procedures may abscond;
Amendment 394 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The objective criteria referred to in point 7 of Article 3 shall include at least the following criteriaare as follows:
Amendment 395 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 400 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 405 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 410 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
Amendment 412 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
Amendment 415 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point j
Article 6 – paragraph 1 – point j
Amendment 416 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point k
Article 6 – paragraph 1 – point k
(k) existence of conviction for a criminal offence, including for a serious criminal offence in another Member State, where the sentence has not been fully served;
Amendment 425 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point p
Article 6 – paragraph 1 – point p
Amendment 437 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
However, Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when one of the objective criteria referred to in points (m), (n), (o) and (po) of paragraph 1 is fulfilled.
Amendment 455 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 519 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
A return decision shall provide for an appropriate period for voluntary departure of up to thirty days, without prejudice to the exceptions referred to in paragraphs 2 and 4. Member States may provide in their national legislation that such a period shall be granted only following an application by the third-country national concerned. In such a case, Member States shall inform the third-country nationals concerned of the possibility of submitting such an application and of the voluntary return programmes available in a language which the illegally staying third-country national understands, in sufficient time to enable them to exercise the rights guaranteed by this Directive.
Amendment 574 #
2018/0329(COD)
1. Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities enforcing return shall be granted, in the presence of the appointed guardian and with due consideration being given to the best interests of the child.
Amendment 592 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The length of the entry ban shall be determined with due regard to all relevant circumstances of the individual case and shall not in principle exceed, up to a maximum of five years. It may however exceed five years if the third- country national represents a serious threat to public policy, public security or national security where this has been duly proven either by a conviction or by other objective elements that may be deduced from the circumstances of the case.
Amendment 651 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
An appeal against a return decision must be lodged within 30 days of its notification to the person concerned. Member States shall establish reasonable time limits and other necessary rules to ensure the exercise of the right to an effective remedy pursuant to this Article.
Amendment 657 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
Member States shall grant a period not exceeding five15 days to lodge an appeal against a return decision when such a decision is the consequence of a final decision rejecting an application for international protection taken in accordance with Regulation (EU) …/… [Asylum Procedure Regulation].
Amendment 678 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c
Article 18 – paragraph 1 – subparagraph 1 – point c
(c) the third-country national concerned poses a risk to public policy, public security or national security. on the basis of a conviction or elements that substantiate the assessment that they represent a danger to the public
Amendment 684 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 3
Article 18 – paragraph 1 – subparagraph 3
Any detention shall be a measure of last resort to be applied when measures other than detention are not available, and for as short a period as possible and only maintained as long as removal arrangements are in progress and executed with due diligence.
Amendment 686 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 3 a (new)
Article 18 – paragraph 1 – subparagraph 3 a (new)
Detention shall never be used for unaccompanied minors or families with minors.
Amendment 687 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 3 b (new)
Article 18 – paragraph 1 – subparagraph 3 b (new)
The maximum period of detention must be between three and six months; it may be extended once only for a maximum period of a further six months.
Amendment 711 #
2018/0329(COD)
Proposal for a directive
Article 20
Article 20
Amendment 739 #