430 Amendments of Philippe OLIVIER
Amendment 26 #
2023/2122(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the crucial role played by grassroots and communityof transparency and control played by the European Parliament over funds allocated to organiszations, trade unions, activist groups, human rights defenders and non- governmental organiszations (NGOs) in promoting and upholding democracy, equality, the rule of law and fundamental rights and in ensuring accountability for state and private actions;
Amendment 37 #
2023/2122(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that civil society is a broader category than that of NGOs; notes that while NGOs are,NGOs must provide annual detailed assesement onf the onprovenance hand, a favoured institutional form of the neoliberal state and therefore rarely truly oppositional, on the other hand many resist instrumental use of all their funds; details of all mission to which European funds have been allocated shall mention any participating organisations and expose the excesses of state and private interests; stresses, therefore, that they must be protected, including through the provision of adequate funding, including foreign funding; notetheir contribution highlighting be able to give details of the missions to which European Union funds that it is short-sighve been allocated; tohe treat NGOs as a singular bloc with a singular policy outlookaceability of funds must be given without suffering significant delays between request and receipt;
Amendment 55 #
2023/2122(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Remains deeply concerned by threats to and attacks on NGOs in Member Statee lack of transparency of European funds sent and more particularly those intended for Palestine and their final recipients;
Amendment 74 #
2023/2122(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States and the EUparticularly the European Union to improve the legal environment for civil society by ensuring that any measure restricting the right of assthe transparency of funds allociations to seek, secure and use resources, including foreign resources, must pursue one of the legitimate aims under Article 11(2)ed to NGOs or any other organization claiming to be part of civil society, and to strengthen parliamentary controls ofn the European Convention on Human Rightallocation of these funds;
Amendment 87 #
2023/2122(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that transparency and accountability measures must only serve the purpose ofaim to ensuringe legitimate public scrutiny; stresses that reporting requirements for NGOs must remain strictly necessary and proportionate to the specific aims pursued; , and that to this end MEPs must be able to consult a database updated regularly, specifying the amounts and recipients, particularly regarding NGOs, of funds allocated by the European Union;
Amendment 101 #
2023/2122(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that current EU instruments are likely insufficient for achieving proportionate transparency goals concerning funding and particularly NGO funding;
Amendment 122 #
2023/2122(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Warns emphatically against the weaponisation of the concept of ‘foreign interference’ and emphasises that this can be and is being used by governments to repress civil society and NGOthat the lack of transparency on funding enables misappropriation of funds, and raises legitimate suspicions about the allocation of EU funds directly or indirectly financing Islamic terrorist organizations, such as Hamas.
Amendment 62 #
2023/0311(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Infrastructures are all too often poorly adapted, and they create or exacerbate difficult situations for persons with disabilities through a wide range of barriers in all areas of daily life. Therefore, in order to facilitate the access by persons with disabilities to special conditions or preferential treatment related to services, activities and facilities, including when provided not for remuneration, in other Member States, remaining barriers and difficulties in travelling to or visiting another Member State due to the lack of recognition of their disability status and of formal documents recognising this status issued in other Member States and parking rights should be removed. It is thus essential to establish, in conjunction with all stakeholders, an uninterrupted and accessible mobility chain (public transport and roads) to allow all people to move freely, regardless of their mobility capabilities or where they live (rural or urban areas).
Amendment 226 #
2023/0053(COD)
Proposal for a directive
Recital 18
Recital 18
(18) On the grounds of road safety, it is necessary to lay down the minimum requirements for the issue of a driving licence. Standards for driving tests and licensing should be harmonised. To that end, the knowledge, skills and behaviour connected with driving power-driven vehicles should be specified, the driving test should be based on these concepts and the minimum standards of physical and mental fitness for driving such vehicles should be specified. These minimum requirements must take account of the reality and driving practices or modes in use in the Member States. Under no circumstances should they, through an excessively high level of theoretical requirements, hinder applicants’ autonomy and mobility, and thus restrict European citizens’ freedom of movement.
Amendment 241 #
2023/0053(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 243 #
2023/0053(COD)
Proposal for a directive
Recital 25
Recital 25
(25) The Commission should be empowered to adopt a decision identifyingA ‘mirror clause’ should be introduced for third countries that ensure a comparable level of road safety as the Union and providing the opportunity to holders of licences issued by these countries to exchange their driving licences on similar terms as if they were issued by a Member State. These conditions should be detailed and well-defined to all relevant driving licence categories.
Amendment 260 #
2023/0053(COD)
Proposal for a directive
Recital 31
Recital 31
(31) MPrior to defining minimum standards concerning access to the profession of examiner and examiner training requirements should be established in order to improve the knowledge and skills of examiners thereby ensuring a more objective evaluation of driving licence applicants and achieving greater harmonisation of driving tests. The Commission should be empowered, moreov, representative professional organisations from the sector must be consulted in advance on the timetable for introducing such a system, in order, to adopt delegated acts to amend and adapt those minimum standards to any technical, operational or scientific developments in this field where it becomes necessarytake account of the specific constraints faced by examiners and driving schools.
Amendment 31 #
2023/0052(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The responsibilities and competences of national contact points should be defined to ensure that they seamlessly cooperate with other authorities involved in the investigation of the road- safety-related traffic offences which fall within the scope of this Directive. National contact points should always be available for such authorities and answer their requests within reasonable time. This should be the case regardless of the nature of the offence or the legal status of the authority, and in particular regardless of whether the authority has national or subnational or local competence. That is especially true in connection with offences involving posted drivers travelling from one Member State to another and carrying out more road cabotage activities who, in many instances, commit serious offences in terms of exceeding statutory driving time, thereby posing an additional road safety risk.
Amendment 34 #
2023/0052(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The Member State of the offence should also be allowed to conduct automated searches in vehicle registers to retrieve data on end users of vehicles where such information is already available. This applies in particular to road haulage vehicles, including light commercial vehicles (LCVs) used to transport goods which are not subject to heavy goods vehicle legislation and which in most instances are vehicles operated by multiple third parties in often complex combinations of cascade subcontracting and vehicle leasing that involve a number of firms or branches located in different countries and employing drivers of different nationalities. Furthermore, a data retention period should be established as regards the identity of the previous owners, holders and end users of the vehicles to provide authorities with the appropriate information they need for the investigation.
Amendment 40 #
2023/0052(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Where Union legislation or national law of Member States explicitly provides access to or the possibility to exchange information from other national or Union databases for the purposes of Directive (EU) 2015/413, Member States should have the possibility to exchange information by involving such databases, while respecting the fundamental rights of non-resident drivers. In the case of drivers working in international haulage within the EU, this would make it possible to step up action to combat ‘posted worker’ benefit fraud and identify instances of repeat or persistent offences, thus making for more effective tracking and reporting of hauliers and drivers who fail to comply with the Mobility Package rules now in force.
Amendment 31 #
2023/0042(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to contribute to the reduction in net greenhouse gas emissions of at least 55 % by 2030 compared to 1990 and in conformity with the energy efficiency first principle, it is necessary to, it is necessary to implement a transition period that is long enough to allow heavy- duty vehicle manufacturers to develop less polluting or zero-emission engines, before considering putting forward legislation on strengthening the reduction requirements set out in Regulation (EU) 2019/1242 for heavy-duty vehicles. A clear pathway also needs to be set for further reductions beyond 2030ccount should also be taken of the supply difficulties faced by manufacturers over the last two contribute to achieving the climate neutrality objective by 2050years, in particular with regard to some specific components, such as semiconductors, which are often essential for controlling the vehicle’s emissions.
Amendment 61 #
2023/0042(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The Union fleet-wide targets are to be complemented by the necessary roll-out of recharging and refuelling infrastructure as set out in the Commission Proposal for a regulation on the deployment of alternative fuel infrastructure16. The regulatory framework should also be conducive to maintaining price stability for alternative energies used in recharging and refuelling infrastructure. __________________ 16 Proposal for a Regulation of the European Parliament and of the Council on the deployment of alternative fuels infrastructure, and repealing Directive 2014/94/EU of the European Parliament and of the Council, 14.7.2021, COM/2021/559 final.
Amendment 93 #
2023/0042(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) With the stricter Union fleet-wide targets from 2030 onwards, manufacturers will have to deploy significantly more zero-emission vehicles on the Union market. In that context, the incentive mechanism for zero- and low-emission vehicles (‘ZLEV’) would no longer serve its original purpose and would risk undermining the effectiveness of Regulation (EU) 2019/1242. Tand given the pressure brought about in connection with the high demand for clean vehicles, the ZLEV incentive mechanism should therefore be removed as ofmaintained beyond 2030.
Amendment 106 #
2023/0042(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) For defining the obligations of individual manufacturers, Union fleet-wide CO₂ reduction targets for the new heavy- duty vehicle fleet should be translated into specific reduction targets for subgroups that should be defined by the technical characteristics of the vehicles they comprise, but consideration should be given to possible delays to the delivery and placing on the market of certain vehicle groups, owing to difficulties in the supply of certain components that are beyond the manufacturer’s control.
Amendment 23 #
2022/2898(RSP)
Recital A
A. whereas the Union is founded on the common values enshrined in Article 25(3) TEU of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities – values that are common to the EU Member States and to which candidate countries must adhere in order to join the Union as part of the Copenhagen criteria, which cannot be disregarded or reinterpreted after accession; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may states that ‘under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and in so far as the objectives of the proposed a systemic threat to the Unction cand the rights and freedoms of its citizens; whereas respect for the rule of law is binding on the Union as a whole and its Member States at all levels of governance, including subnational entitiesnot be sufficiently achieved by the Member States’;
Amendment 31 #
2022/2898(RSP)
Recital B a (new)
Ba. whereas there is no commonly accepted legal definition of the concept of the ‘rule of law’ at EU level and the Commission seeks to attribute a subjective set of values and principles to it;
Amendment 32 #
2022/2898(RSP)
Recital C
C. whereas the principle of sincere cooperation in Article 4(3) TEU places an obligation on the Union and the Member States to assist each other in carrying out obligations which arise from the Treaties in full mutual respect, and on Member States to take any appropriate measure, general or in particular, to ensure the fulfilment of the obligations arising from the Treaties or resulting from the acts of the institutions of the Unioneach Member State has its own national identity and the abuse of the concept of the rule of law for political aims destroys mutual trust and sincere cooperation between Member States;
Amendment 42 #
2022/2898(RSP)
Recital F
F. whereas it is necessary to strengthen and streamline existing mechanisms and to develop a single comprehensive EU mechanism to protect democracy, the rule of law and fundamental rights effectively and to ensure that Article 2 TEU values are upheld throughout the Union as well as by candidate countries, albeit with different monitoring regimes, so that Member States are prevented from developing domestic law that runs counter to the protection of Article 2 TEU; whereas the Commission and the Council have continued to dismiss the need for an interinstitutional agreement on an EU mechanism on democracy, the rule of law and fundamental rightsthere is no general competence in the EU Treaties that allows the institutions of the EU to enforce its interpretation of the rule of law throughout the Union;
Amendment 49 #
2022/2898(RSP)
Paragraph 1
1. Welcomes the Commission’s third annual rule of law report arecalls that the Member States part of the Commission’s rule ofe and remain, under public international law, toolbox; considers that while the report represents a step towards a coherent mechanism to preserve Union values, the toolbox remains too flexible and too broad an approach to the rule of lawhe masters of the Treaties; calls for a reform of the EU towards a Europe that upholds the sovereignty and identity of our European nations and peoples;
Amendment 66 #
2022/2898(RSP)
Paragraph 3
Amendment 70 #
2022/2898(RSP)
Paragraph 5
Amendment 76 #
2022/2898(RSP)
Paragraph 6
6. Welcomes the addition of country- specific recommendaCalls on the EU institutions, as a follow up to the reiterated calls from Parliament to this end; recalls that the annual reports serve as a basis for informed discusnd the Member States to abandon their economically and politically disastrous centralising visions on the rule of law situation in Member States; acknowledges that these country- specific recommendations help to target specific issues with a view to achieving real improvements in Member States; deplores, however, the fact that the recommendations are not binding; calls on the Commission to develop the annual rule of law cycle further by assessing the implementation of the country-specific recommendations in the next annual report, with specific benchmarks and a clear timeline for implementationf an ‘ever closer union’, and instead calls for a form of European cooperation that respects the limitations of the EU as laid down by the existing Treaties and is in accordance with the principles of national sovereignty, democracy, transparency, strict subsidiarity and accountability;
Amendment 85 #
2022/2898(RSP)
Paragraph 8
8. Urges the Commission to initiate the relevant procedures without hesitation or delay, especially when governments show no willingness to comply with the country-specific Stresses that each Member State has its own national identity and constitutional traditions, which are in line with European values and must always be treated with respect, objectivity and with regard to the principle of equality; underlines that the rule of law is a fundamental value for all Member States; expresses concern that the abuse of the concept of the rule of law for political aims destroys mutual trust and sincere commendationoperation between Member States;
Amendment 88 #
2022/2898(RSP)
Paragraph 9
9. Commends the efforts by the Commission to engage better with national stakeholders; recognises civil society as an essential actor for the rule of law, with an important role to play in the follow-up to the annual report and its implementation; calls on the Commission to pursue the consistent involvement of civil society alls for an investigation into violations of fundamental rights by non- governmental organisations, including those facilitating the follow-up to the report at national level, in cooperation withsmuggling of illegal migrants into the FRAEU;
Amendment 102 #
2022/2898(RSP)
Paragraph 12
Amendment 112 #
2022/2898(RSP)
Paragraph 13
13. Strongly regrets the inabilityCalls ofn the Council to make meaningful progress in the ongoing Article 7(1) TEU procedures; urges the Council to address all new developments affecting the rule of law, democracy and fundamental rights; reiterates its call on the Council to address recommendations in the framework of this procedure, underlining that any further delaying of such action would amount to a breach of the rule of law principle by the Councimmission to stop using the Rule of Law Conditionality Regulation to put political pressure on some Member States to change policies approved in democratic elections that fall witself; insists that Parliament’s role and competences be respectedhin their competence;
Amendment 117 #
2022/2898(RSP)
Paragraph 14
14. Strongly condemns Member States’ authorities that refuse to engage in the Commission’s annual Rule of Law Dialoguethe pressure put on Member States that wish to defend their constitutional identities;
Amendment 125 #
2022/2898(RSP)
Paragraph 16
16. Recalls its position regarding the involvement of a panel of independent experts to advise the three inSupports the ongoing investitugations, in close cooperation with the FRA; repeats its call on the Commission to invite the FRA to provide methodological advice and conduct comparative research to add detail in key areas ofto allegations of wrongdoing by the mannual report, given the intrinsic links between fundamental rights and the rule of lawagement of the EU Agency for Asylum;
Amendment 130 #
2022/2898(RSP)
Paragraph 17
17. Reiteratecalls that the annual rule of law cycle should serve as input for the activation of other instruments to respond to threats or breaches of the rule of law at national level, such as Article 7 TEUUnion acted outside its powers in adopting the Rule of Law Conditionality Regulation, going beyond the competences conferred upon it in the Treaties by the Member States; stresses, furthermore, that the Regulation infringes the principle of legal certainty; rejects, therefore, the Rule of Law Conditionality Regulation; infringement procedures or instruments under EU financial legislation; reiterates its call on the Commission to create a direct link between the annual rule of law reports, among other sources, and the Rule of Law Conditionality Mechanism its entirety; considers, too, that it is essentially a political tool for bypassing the principle of unanimity laid down in Article 7 of the EU Treaty and it thus infringes EU law;
Amendment 51 #
2022/2046(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Regrets the fragmentation of the funding possibilities available for tourism in the current MFF; highlights that this economically important sector, especially the small and medium-sized enterprises, is struggling to overcome the effects of the COVID-19 pandemic and the crisis caused by the current war; reiterates the urgency of creating a specific EU programme on sustainable tourism and introducing a dedicated budget line to address the needs of the sector; calls, therefore, for part of the new Instrument for Pre-Accession Assistance (IAP3), which has been allocated EUR 14.2 billion for the period covered by the 2021-2027 multiannual financial framework, to be used for more pressing needs than enlargement, with a view to supporting the tourism sector and thus ensuring that the 2023 budget does not have to increase; insists on its request for the establishment of a European crisis mechanism for the EU tourism sector and of a European agency for tourism.
Amendment 63 #
2022/0426(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage and, illegal adoption and surrogacy in the forms of exploitations explicitly listed in the Directive and to ensure that the Member States address within their national legal systems the widest range of forms of exploitation, insofar as these fulfil the constitutive elements of trafficking in human beings.
Amendment 135 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2011/36/EU
Article 2 – paragraph 3
Article 2 – paragraph 3
(1) in Article 2, paragraph 3, “or forced marriage, or illegal adoption, or surrogacy” is added at the end of the paragraph.
Amendment 153 #
2022/0365(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Non-exhaust emissions consist of particles emitted by tyres and brakes of vehicles. Emissions from tyres is estimated to be the largest source of microplastics to the environment. As shown in the Impact Assessment, it is expected that by 2050, non-exhaust emissions will constitute up to 90% of all particles emitted by road transport, because exhaust particles will diminish due to vehicle electrification. Those non-exhaust emissions should therefore be measured and limited. The Commission should prepare a report on tyre abrasion by the end of 2024 to review the measurement methods and state-of-the- art in order to propose tyre abrasion limitsmeasurement methods and state-of-the-art in order to propose tyre abrasion limits will need to be examined on the basis of recommendations, analysis reports and real-condition tests offered by tyre manufacturers, in order to make sure that the abrasion limits set in the Commission’s report are realistic and attainable.
Amendment 155 #
2022/0365(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Regulation (EU) 2019/2144 of the European Parliament and of the Council46 regulates gear shift indicators (GSI), whose main purpose is to minimise fuel consumption of a vehicle when a driver follows its indications. However, the pollutant emission requirements in real use, including when following the GSI, should be addressed in this Regulation so as to not stigmatise drivers as a result of their driving style, the type of engine or gear box in their vehicle, or the age of the vehicle. __________________ 46 Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users, amending Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European Parliament and of the Council and Commission Regulations (EC) No 631/2009, (EU) No 406/2010, (EU) No 672/2010, (EU) No 1003/2010, (EU) No 1005/2010, (EU) No 1008/2010, (EU) No 1009/2010, (EU) No 19/2011, (EU) No 109/2011, (EU) No 458/2011, (EU) No 65/2012, (EU) No 130/2012, (EU) No 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and (EU) 2015/166 (OJ L 325, 16.12.2019, p. 1).
Amendment 170 #
2022/0365(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Sensors installed on vehicles are already used today to detect anomalies on emissions and trigger related repairs through the on-board diagnostic (OBD) system. The OBD system currently in use, however, does not detect accurately or timely the malfunctions and neither does it sufficiently and timely force repairs. As a result, it is possible that vehicles emit much more than they are allowed to do. The sensors used up to now for OBD can also be used to monitor and control the emission behaviour of the vehicles on a continuous basis via an on-board monitoring (OBM) system. The OBM will also warn the user to perform repairs of the engine or the pollution control systems when these are needed. It is therefore appropriate to require that such a system is installed and to regulate its technical requirements. Given the semiconductor supply challenges and the current crisis linked to inflation and rising production costs in industry, it is therefore appropriate to consult stakeholders in the automotive sector on the additional costs that such a system could create for drivers, before considering making it obligatory.
Amendment 176 #
2022/0365(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Manufacturers may opt to produce vehicles which comply with lower emission limits or with better battery durability than what is required in this Regulation, or which include advanced options including geofencing and adaptive controls. Consumers and national authorities should be able to identify such vehicles through appropriate documentation. An environmental vehicle passport (EVP) should therefore be made available.
Amendment 181 #
2022/0365(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In case the Commission makes a proposal for registering after 2035 new light-duty vehicles running exclusively on CO2 neutral fuels outside the scope of the CO2 fleet standards, and in conformity with Union law and the Union’s climate neutrality objective, this Regulation will need to be amended to include the possibility to type approve such vehicles and set a sufficient transition period for all stakeholders in the automotive sector to get organised and get to grips with the amendments to the regulation.
Amendment 206 #
2022/0365(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) It is important to grant Member States, national type-approval authorities and economic operators enough time to prepare for the application of the new rules introduced by this Regulation. The date of application should therefore be deferred. While; for light duty vehicles the date of application should be as soon as technically possible, foras well as heavy duty vehicles and trailers the date of application may therefore be further delayed by two years, since the transition to zero-emission vehicles will be longer for heavy duty vehicles.
Amendment 64 #
2022/0347(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In taking the relevant measures at Union and national level to achieve the zero pollution objective forreduce air pollution, Member States, the European Parliament, the Council and the Commission should be guided by the ‘precautionary principle’ and the ‘polluter pays principle’ established in the Treaty on the Functioning of the European Union, and the ‘do no harm’ principle of the European Green Deal. They should, inter alia, take into account: the contribution of improved air quality to public health, the quality of the environment, the well-being of citizens, the prosperity of society, employment and the competitiveness of the economy; the energy transition, strengthened energy security and the tackling of energy poverty; food security and affordability; the development of sustainable and smart mobility and transport solutions; the impact of behavioural changes; fairness and solidarity across and within Member States, in light of their economic capability, national circumstances, such as the specificities of islands, and the need for convergence over time; the need to make the transition just and socially fair through appropriate education and training programmes; best available and most recent scientific evidence, in particular the findings reported by the WHO; the need to integrate air pollution related risks into investment and planning decisions; cost-effectiveness and technological neutrality in achieving air pollutant emission reductions; and progression over time in environmental integrity and level of ambition.
Amendment 85 #
2022/0347(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Air quality status should be maintained where it is already good, or improved. Where the standards for ambient air quality laid down in this Directive are at risk of not being met, or have not been met, Member States should take immediate action in order to comply with the limit values , average exposure reduction obligations and critical levelsremain free to decide on the measures to be put in place, and where possible, to attainget closer to the ozone target values and long-term objectives.
Amendment 109 #
2022/0347(COD)
Proposal for a directive
Recital 41
Recital 41
Amendment 156 #
2022/0219(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) The EPPO and OLAF should closely monitor this instrument and its implementation in order to proactively prevent any risk of corruption.
Amendment 992 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1 a. Member States shall ensure that victims have access to legal aid and assistance, free of charge and in a language they can understand, when reporting criminal offences and during judicial proceedings.
Amendment 90 #
2021/2180(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Council of Europe’s Committee of Experts on Combatting Hate Speech has prepared a draft Committee of Ministers Recommendation on Hate Speech, which provides non- binding guidance on how to address the phenomenon, currently awaiting adoption in 20221a; whereas the newly established Committee of Experts on Combatting Hate Crime is tasked with preparing until end of 2023 a draft Committee of Ministers Recommendation on Hate Crime; _________________ 1a Draft text of the Committee of Ministers Recommendation on Combating Hate Speech, accessible at https://rm.coe.int/draft-recommendation- on-combating-hate-speech-public- consultation-v-18/native/1680a2ef25; News announced at https://www.coe.int/en/web/committee- antidiscrimination-diversity-inclusion/- /the-cdadi-finalised-important- deliverables-at-its-fourth-plenary- meeting.
Amendment 3 #
2021/2146(DEC)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 4 #
2021/2146(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Deeply regrets that the obligation included in Regulation (EU) 2019/1896 to recruit at least 40 fundamental rights monitors by 5 December 2020 has still not been fulfilled; urges the European Border and Coast Guard Agency (the ‘Agency’) to swiftly recruit the remaining fundamental rights monitors and to appoint them at AD level, asStates that the recruitment of 40 fundamental rights monitors by the European Border and Coast Guard Agency (the ‘Agency’), under pressure from the European Parliament and the European Commission have repeatedly called for; reminds the Agency that that is one of seven conditions set by the Parliament in its previous discharge reports; recognises the progress made by the Agency in that respect; highlights however that the lack of fulfilment of those conditions increases the risk of, only serves to transform it into a committee to help migrants, whereas its role is to protect the European borders; affirms that the absence of recruitment of monitors or the attribution of a grade to them cannot be a reason for refusaling to grant discharge for the financial year 2020;
Amendment 9 #
2021/2146(DEC)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 10 #
2021/2146(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. RegretNotes that the call to suspend the Agency’s support for return-related operations from Hungary for as long as, and as concluded by the Court of Justice of the European Union, the return decisions issued by the Hungarian authorities are incompatible with Directive 2008/115/EC and the Charter of Fundamental Rights of the European Union has not been fulfilled; is deeply concerned that the Agency’s management board has still not adopted a detailed procedure for the implementation of Article 46 of Regulation (EU) 2019/1896, especially in the light of developments in Greeceaccording to the document "Reflection on the current legal and operational developments" released by the Agency in July 2022, no complaint or serious incident report has been received by Frontex in any of the returns by Hungary supported by Frontex so far, neither from individuals or from any organisation; congratulates Hungary and Greece for their vital work in protecting Europe's borders to combat the flood of migrants; urges the EU to support these Member States;
Amendment 22 #
2021/2146(DEC)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 23 #
2021/2146(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. WelcomesNotice the decision to partially grant access to the report of the European Anti-Fraud Office (OLAF) on the investigation conducted with respect to the activities of the Agency,into the Agency's activities to the members of Parliament’'s Committee on Budgetary Control and Committee on Civil Liberties, Justice and Home Affairs; regretdenounces the lcong delay taken towards grantclusions of this investigation; requests, ing that access; is profoundly concerned about the findings of that investigation; expresses its utter disappointment in the behaviour and actions described in the findings presented; recommends, given those findings, toe interests of transparency and impartiality, that the answers given by the former Executive Director, Mr. Leggeri, at his hearing before the Frontex Management Board in connection with this investigation also has to be published; pending these answers, recommends that Parliament’'s Committee on Budgetary Control not to grant discharge for the financial year 2020;
Amendment 24 #
2021/2146(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the decision to partially grant access to the report of the European Anti-Fraud Office (OLAF) on the investigation conducted with respect to the activities of the Agency, to the members of Parliament’s Committee on Budgetary Control and Committee on Civil Liberties, Justice and Home Affairs; regrets the long delay taken towards granting that access; is profoundly concerned about the findings of that investigation; expresses its utter disappointment in the behaviour and actions described in the findings presented; recommends, given those findings, to Parliament’s Committee on Budgetary Control not to grant discharge for the financial year 2020Requests that the former Executive Director of Frontex, who claims that the mandate of the Agency is unclear - to be a European border police force or a body verifying how Member States apply fundamental rights at borders - has to be heard in the European Parliament;
Amendment 31 #
2021/2146(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the appointment of the interim executive director on 1 July 2022Regrets that the Strategic Risk Analysis 2022 report published by the Executive Director ad interim of the Agency proposes the future development of legal pathways for migration to Europe in response to possible future global geographic imbalances; condemns this promotion of migration by the Agency;
Amendment 36 #
2021/2146(DEC)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 37 #
2021/2146(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the acknowledgeCondemns the harassment byof the acting eformer Executive dDirector of the standing problems of the Agency and the commitments she madeAgency and countries in ther presentation in Parliament’s Committee on Civil Liberties, Justice and Home Affairs on 30 May 2022, which included commitments to ensure that the Agency fully implements its mandate and operates in full respect of the rule of law and fundamental rights, to change the organisational culture of the Agency, including to make sure people are not afraid to speak up about possible wrongdoings, to organise a dialogue with the members of staff, to encourage delegation of powers and to build relationships of trust with other institutions and the public; expects decisive steps to fulfil those commitments; notes with concern the statements of the acting executive director about the demotivation and distress of the staff; expects a detailed strategy to tackle that issue front line of the flood of migrants, such as Hungary, Poland or Greece, which are protecting the continent; states that this harassment is the work of the European Commission and the European Parliament; demands that it cease; expects the Agency to be able to carry out its work of defending the borders of the European Union with the support of the European institutions;
Amendment 38 #
2021/2146(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the acknowledgement by the acting executive directRecalls that the annual report ofn the standing problems of the Agency and the commitments she made in her presentation in Parliament’s Committee on Civil Liberties, Justice and Home Affairs on 30 May 2022, which included commitments to ensure that the Agency fully implements its mandate and operates in full respect of the rule of law and fundamental rights, to change the organisational culture of the Agency, including to make sure people are not afraid to speak up about possible wrongdoings, to organise a dialogue with the members of staff, to encourage delegation of powers and to build relationships of trust with other institutions and the public; expects decisive steps to fulfil those commitments; notes wimplementation of Regulation (EU) No 656/2014, establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the Agency on activities carried out in 2021, indicates that the Agency has ensured the application of provisions of this Regulation in iths concern the statements of the acting executive director about the demotivation and distress of the staff; expects a detailed strategy to tackle that issueordinated maritime operations;
Amendment 48 #
2021/2146(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the management board and Commission to recruit as soon as possible a new eExecutive dDirector as soon as possible.whose priority is the protection of the European Union's external borders;
Amendment 1 #
2021/2103(INI)
Motion for a resolution
Citation 5
Citation 5
Amendment 12 #
2021/2103(INI)
Motion for a resolution
Citation 23
Citation 23
Amendment 15 #
2021/2103(INI)
Motion for a resolution
Citation 24
Citation 24
Amendment 43 #
2021/2103(INI)
Motion for a resolution
Recital I
Recital I
I. whereas in some Member States, restrictions have been imposed with the deliberate aim of limiting civic space and are accompanied by legal, administrative and fiscal harassment, criminalisation and negative rhetoric aimed at stigmatising and delegitimising CSOs and draining their capacity to carry out their legitimate work; whereas hate speech, harassment and attacks also emanate from non-state actors; whereas CSOs working on women’s rights, including sexual and reproductive health and rights, environmental issues and the protection of minorities and LGBTI rights, as well as those providing assistance to asylum seekers and those involved in search and rescue operationgender equality, environmental issues and the freedom to criticise Islamic fundamentalism, as well as those fighting to prevent Europe from being overrun by migrants, are particularly exposed;
Amendment 91 #
2021/2103(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Asserts the crucial role played by CSOs in the realisation of EU values and fundamental rights, and the implementation of EU policies and strategiesEurope; stresses their key contribution to informed public debate, articulating aspirations present in society, giving a voice to vulnerable and marginalised people, to populations worried about the preservation of their identities, providing expertise in policy- making, promoting active citizenship and acting as schools of democracy and whistleblowers;
Amendment 107 #
2021/2103(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Condemns far-left organisations using social media to decry advertisers whose adverts appear in the media in order to intimidate them into withdrawing financial support; takes the view that by doing so, these organisations seek to censor and as such undermine freedom of expression and media pluralism;
Amendment 217 #
2021/2103(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. WelcomesStrongly disapproves of the adoption with an increased budget of the Citizens, Equality, Rights and Values Programme; calls on the Commission to actively consult CSOs in the definition of work programmes and funding mechanisms so as to ensure transparency, flexibility and user- friendliness; welcomes re-granting mechanisms in the Union Values strandstop funding campaigns, as it did with the ‘Rights, Equality and Citizenship’ programme, that promote the hijab or other cultural practices that run counter to gender equality and the European identity;
Amendment 234 #
2021/2103(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Commission to ensure that EU funds are onlynot awarded to organisations that are strictly independent from any government and fully adhere to EU valuesstaging the invasion of Europe; calls instead for it to support organisations working to prevent this from happening;
Amendment 241 #
2021/2103(INI)
19. CondemnWelcomes attempts by certain Member States to impose limitations on foreign funding andwith the related political narratives they have promulgated and measures they have taken with the aim of stigmatising CSOsaim of protecting CSOs from any outside interference;
Amendment 281 #
2021/2103(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to leverage the definition of national programmes implementing EU funds and the implementation by Member States of EU strategies and action plans to require Member States to put in place effective civil dialogue mechanismsstop using EU funds to blackmail Member States that it simply disagrees with ideologically and be open to dialogue;
Amendment 70 #
2021/2015(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that more investment in updating river and canal infrastructure (for example, locks, bridges and interoperable deployment of digital technologies across borders) is key, while respecting the applicable environmental law; highlights the need to improve the management and monitoring of major ongoing projects, some of which – such as the Seine-Nord Europe Canal – are so behind schedule that their viability and long-term competitiveness are at risk, which would benefit other means of transport, the main stakeholders in which are frequently foreign companies;
Amendment 87 #
2021/2015(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that there is not a ‘one size fits all’ solution for tackling the problem of low water levels as a result of climate change; deplores, however, that the problems of the inland waterway sector, caused by the low water levels, have not been taken duly into account; also deplores the fact that the EU’s clean transport policy puts pressure on stakeholders and infrastructure to undertake a modal shift, which essentially satisfies only environmental objectives rather than the aim of safeguarding national markets and creating jobs in the inland navigation sector;
Amendment 160 #
2021/2015(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the role of inland ports as strategic, multimodal nodes in the logistics system; stresses, therefore, that inland ports as well as sea ports should have efficient connections with a focus on connecting to the TEN-T core and comprehensive corridors where possible; it is therefore important for connections to TEN-T corridors to be equipped with the means to distribute alternative fuels; if this is not done, technological inequalities linked to the energy transition in transport might give rise to unfair competition between inland waterway and maritime transport operators, who are the main economic actors using the corridors;
Amendment 208 #
2021/2015(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that the inland waterway sector consists mostly of SMEs, family businesses and smaller ports, which makes it difficult for them to make expensive investments in order to comply with the goals of the Green Deal; considers, therefore, that the administrative burden and cost for access to funding should be significantly reduced and that these small undertakings should be offered more attractive tax incentives in particular;
Amendment 168 #
2021/2014(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that poor enforcement of road traffic rules undermines efforts to achieve Vision Zero; encourages the Member States to set annual targets fortake a pedagogical and constructive approach with road infrastructure users with regard to enforcement and compliance in their road safety plans, and to ensure theirat those plans receive adequate funding; underlines that only well- explained and well-publicised consistent enforcement activities can have a long- lasting effect on driving behaviourthe EU's policy of taxing drivers has never helped to reduce road fatalities;
Amendment 181 #
2021/2014(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Points out that data will play a key role in improving road safety; recalls that in-vehicle data are extremely valuable for traffic management, roadworthiness tests and the investigation of crashes; calls on the Commission to set up a framework to access in-vehicle data beyond the repair market in compliance with the General Data Protection Regulation, solely for the purpose of accident research and roadworthiness tests; points out that in- vehicle data should be used only to improve driver and passenger safety and not to monitor or track people's movements, which could infringe on individual freedoms;
Amendment 785 #
2021/0250(COD)
Proposal for a directive
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. Following a peer review in accordance with Article 17 paragraph 7a (new), AMLA may suspend access to FIU.net for a specific FIU where the report of the peer review concludes that requirements relating to the independence, integrity, professionalism, confidentiality or security of the FIU, as set out in Article17, have not been fulfilled. The decision of suspension by AMLA shall include the follow-up measures that the FIU must comply with, in order for the suspension to be lifted. AMLA shall review the actions taken by the FIU concerned no later than 3 months after issuing the decision.
Amendment 40 #
2021/0227(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates Parliament’s urgent and repeated request for the creation of a specific programme on sustainable proximity and peri-proximity tourism at European level and the creation of a specific budget line with an allocated amount that reflects both the importance of the tourism sector in the EU economy and its needs in the aftermath of the COVID-19 crisis; this budget line should take account of the specific needs associated with the economic model of small – and, very often, artisanal and family – businesses, most of which are run by founders who have invested their own money and personal assets in the business;
Amendment 238 #
2021/0223(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Price transparency isand stability are crucial to ensure seamless and easy recharging and refuelling. Users of alternative fuel vehicles should be able to rely on a price regulation mechanism for such alternative fuels which guarantees that they are permanently affordable, even in times of crisis, and also enables them to maintain mobility at the lowest cost. In addition, these users should be given accurate price information before the start of the recharging or refuelling service. The price should be communicated in a clearly structured manner to allow end users to identify the different cost components.
Amendment 304 #
2021/0223(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Container ships and passenger ships, being the ship categories which are producing the highest amount of emissions per ship at berth, should as a priority be provided with shore-side electricity supply. In order to take into account power demand characteristics while at berth of different passenger ships, as well as port operational characteristics, it is necessary to distinguish between the passenger ship requirements for ro-ro passenger ships and high speed passenger vessels, and those for other passenger ships. Therefore, permanent consultation should be organised with all relevant port actors and shipping companies in order to take into account the specific economic and organisational needs and limitations of each stakeholder.
Amendment 324 #
2021/0223(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) A core network of refuelling points for LNG at maritime ports should be available by 2025. Refuelling points for LNG include LNG terminals, tanks, mobile containers, bunker vessels and barges. An energy refuelling infrastructure such as this is exposed to risks of leakage, explosion or fire, and is therefore also a target for malicious acts or terrorism; protocols and safety and response arrangements should therefore be laid down to ensure the safety of workers and residents around port areas in the event of an incident.
Amendment 378 #
2021/0223(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Maritime transport and inland navigation need new standards to facilitate and consolidate the entry into the market of alternative fuels, in relation to electricity supply and hydrogen, methanol and ammonia bunkering, but also standards for communication exchange between vessels and infrastructure. In order to ensure interoperability between all the infrastructure and vessels, whatever type of fuel they use, the relevant recommendations of the International Maritime Organisation should be taken into account.
Amendment 94 #
2021/0218(COD)
Proposal for a directive
Recital 24
Recital 24
(24) To ensure that a greater role of district heating and cooling is accompanied by better information for consumers, it is appropriate to clarify and strengthen the disclosure of the renewables share and energy efficiency of these systems. Nevertheless, the renewables share in district heating and cooling, for heating and air conditioning, for example, must not be used as a pretext to justify an increase in energy costs that could affect households and businesses with the lowest income.
Amendment 103 #
2021/0218(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Electromobility will play an essential role in decarbonising the transport sector. To foster the further development of electromobility, Member States should establish a credit mechanism enabling operators of charging points accessible to the public to contribute, by supplying renewable electricity and hydrogen generated by electrolysis, towards the fulfilment of the obligation set up by Member States on fuel suppliers. While supporting electricity and ‘green’ hydrogen in transport through such a mechanism, it is important that Member States continue setting a high level of ambition for the decarbonisation of their liquid fuel mix in transport.
Amendment 118 #
2021/0218(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Direct electrification of end-use sectors, including the transport sector, contributes to the efficiency and facilitates the transition to an energy system based on renewable energy. It is therefore in itself an effective means to reduce greenhouse gas emissions. The creation of a framework on additionality applying specifically to renewable electricity and to ‘green’ hydrogen generated by electrolysis supplied to electric vehicles in the transport sector is therefore not required.
Amendment 133 #
2021/0218(COD)
Proposal for a directive
Recital 40
Recital 40
(40) The scope of Directive 98/70/EC of the European Parliament and of the Council17 should be amended in order to avoid a duplication of regulatory requirements with regard to transport fuel decarbonisation objectives and align with Directive (EU) 2018/2001. It is also important to encourage research and innovation in the field of clean energies, such as hydrogen, in order to meet the growing demand for alternative fuels and, above all, to make available on the market energy that is cheaper than fossil fuels like diesel, fuel oil and petrol, for which prices are now hitting record highs. __________________ 17 Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58).
Amendment 59 #
2021/0213(CNS)
Proposal for a directive
Recital 19
Recital 19
(19) The need to pursue the objectives of the Directive requires that no distinction iscosts associated with the vast amounts of energy required by some sectors, in transport and industry in particular, very often increase in response to geopolitical developments in the world or various periodic economic crises; the nature of these sectors means that professionals are not always able to add the additional energy costs to their clients' invoices; a distinction must therefore be made between commercial and non- commercial diesel as well as business and non-business use for heating fuels and electricity.
Amendment 60 #
2021/0213(CNS)
Proposal for a directive
Recital 20
Recital 20
(20) Energy products should essentially be subject to a Union framework when used as heating fuel or motor fuel. To that extent, it is in the nature and the logic of the tax system to exclude from the scope of the framework dual uses and non-fuel uses of energy products . Electricity used in similar ways should be treated his framework must provide for financial arrangements to keep energy prices stable, especially in the event of global crises linked to the pandemic or geopolitical developments likely to cause severe fluctuations an equal footingd price volatility in the energy market.
Amendment 86 #
2021/0213(CNS)
(27) Targeted reductions in the tax level may provwill be necessary to incentivise the achievement ofensure access to affordable energy while incentivising environmental protection objectives and improvements in energy efficiency of the Union productive sector.
Amendment 87 #
2021/0213(CNS)
Proposal for a directive
Recital 28
Recital 28
(28) Targeted reductions in the tax level may provare necessary to tackle the social impact of energy taxes. AIn view of the record-high energy prices seen in the EU since the beginning of winter, an exemption from taxation mayis temporarily prove necessary to protect vulnerable households and SMEs in the industry, services and transport sectors, which have never been at greater risk of bankruptcy.
Amendment 65 #
2021/0205(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A key objective of the common transport policy is sustainable development, which must not come at the expense of workers' social rights or the competitiveness of airlines. This requires an integrated approach aimed at ensuring both the effective functioning of Union transport systems and protection of the environment. Sustainable development of air transport requires the introduction of measures aimed at reducing the carbon emissions from aircraft flying from Union airports. Such measures should contribute to meeting the Union’s reasonable climate objectives by 2030 and 2050.
Amendment 91 #
2021/0205(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, uniform rules excluding any unfair competitive practice need to be laid down for the aviation internal market to complement Directive (EU) 2018/2001 and to deliver on its overall objectives by addressing the specific needs and requirements arising from the EU aviation internal marketof airlines. In particular, the present Regulation aims to avoid a fragmentation of the aviation market, prevent possible competitive distortions between economic actors, or unfair practices of cost avoidance as regards the refuelling of aircraft operators.
Amendment 126 #
2021/0205(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) A single, clear and robust sustainability framework isthat also takes account of the issue of the cost of new fuels for airlines and users is therefore necessary to provide economic certainty for the aviation and fuels industries actors, on the eligibility of sustainable aviation fuels under this Regulation. To ensure consistency with other related EU policies, the eligibility of sustainable aviation fuels should be determined according to compliance with the sustainability criteria established in Article 29 of Directive 2018/200112. _________________ 12 https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:3201 8L2001&from=fron the basis of cost price i.e. on their economic, not only environmental, sustainability.
Amendment 140 #
2021/0205(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) It is essential to ensure that the minimum shares of sustainable aviation fuels can be successfully supplied to the aviation market without supply shortages. It is also essential to foster and support innovation and research in promising sectors such as on hydrogen, as this will also contribute to Member States' energy sovereignty. For this purpose, sufficient lead-time should be planned to allow the renewable fuels industry to develop production capacity accordingly. The supply of sustainable aviation fuels should become mandatory starting in 2025. Similarly, in order to provide legal certainty and predictability to the market and drive investments durably towards sustainable aviation fuels production capacity, the terms of this Regulation should be stable over a long period of time.
Amendment 48 #
2021/0197(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to achieve a reduction in net greenhouse gas emissions of at least 55 % by 2030 compared to 1990, it is necessary to strengthen the reduction requirements set out in Regulation (EU) 2019/631 of the European Parliament and of the Council25 for both passenger cars and light commercial vehicles. A clear pathway also needs to be set for further reductions beyond 2030 to contribute to achieving the climate neutrality objective by 2050. Without ambitious action on greenhouse gas emission reductions in road transport, higher emission reductions wconsult manufacturers to assess technical developments and supply constraints, as well as the market barriers they may encounter as a result of fluctuations in the automotive market and the general economic conditions. Based on the feedback provided by the vehicle manufacturers, the same consultative approach should be needadopted in other sectors, including sectors where decarbonisation is more challenging. _________________ 25Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13).
Amendment 62 #
2021/0197(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Against that background, new strengthened CO2 emission reduction targets should be set for both new passenger cars and new light commercial vehicles for the period 2030 onwards. Those targets should be set at a level that willthe Commission should adapt its decarbonisation strategy for the transport sector to take account of the reality of the constraints encountered by manufacturers; this would deliver a strong signal to accelerate the uptake of zero- emission vehicles on the Union market and to stimulate innovation in zero-emission technologies in a cost- efficient way.
Amendment 108 #
2021/0197(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The values used for the calculation of the specific emission targets and the average specific emissions of a manufacturer are based on data recorded in the type approval documentation and in the certificates of conformity of the vehicles concerned. It is essential for ensuring the effectiveness of the CO2 emission standards that the data used for these purposes is correct. If nevertheless errors are identified in the data, it may not be possible, based on the type approval legislation to correct the type approval documentation or the certificates of conformity that have already been issued, where the data refers to type approvals that have ceased to be valid. In such situations, the Commission should have the power to request that the relevant type approval authorities, or where applicable, manufacturers, issue a statement of correction on the basis of which the values used for determining manufacturers’ performance in meeting their targets can be correctedHowever, manufacturers cannot be held liable in so far as the data recorded in the type approval documentation and certifications of conformity is derived from factory tests, i.e. was collected prior to the registration and entry into service of the vehicles concerned, and thus not under real conditions of use.
Amendment 112 #
2021/0197(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In view of the increased overall greenhouse gas emissions reduction objectives and to avoid potential market distorting effects, the reduction requirements for all manufacturers present in the Union market should be aligned, except for those responsible for less than 1 000 new vehicles registered in a calendar year. Consequently, the possibility for manufacturers responsible for between 1 000 and 10 000 passenger cars or between 1 000 and 22 000 light commercial vehicles newly registered in a calendar year to apply for a derogation from their specific emission targets should cease fromontinue after 2030 onwards.
Amendment 1 #
2021/0039(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Article 10(3), (4) and (5) of Directive (EU) 2017/2397 lay down the procedure and the conditions for the recognition of certificates, service record books or logbooks issued by the authorities of a third country.; therefore, the necessary arrangements should be put in place to verify compliance with the social and wage standards in force in the Member States, in order to avoid any risk of social fraud, posted worker fraud or fraud concerning the validity of certificates, and any other offence that could constitute a risk of unfair social competition that would be detrimental to companies and workers in the Member States;
Amendment 3 #
2021/0039(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Therefore, in order to provide inland waterway transport companies and workers with legal clarity and certainty, Directive (EU) 2017/2397 should be amended accordingly; the aim being to establish a regulatory framework for protecting companies and workers in the Member States from any risk of unfair competition from third-country companies hoping for commercial access to the European inland waterway market.
Amendment 9 #
2020/2196(INI)
Motion for a resolution
Citation 10
Citation 10
Amendment 32 #
2020/2196(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. ConsiderNotes that in the very concept of Schengen cooperation, that of ensuring the absence of controls at internal borders, has been further challenged by the COVID-19 pandemic, which has been added to the grounds invoked since 2015 for the persistent retention of internal border controls by some Member States; reiterates its condemnation of the maintenance of internal border checks and its view that many of the prolongations are not in line with the rules pertaining to their extension, necessity or proportionality, and arebeginning of the pandemic, rather than recommending the reintroduction of internal border checks by Member States, the Commission has deplored such measures of, and sought to delay restrictions at the external borders of the Schengen area until there were already thousands of confirmed cases on EU therefore unlawfulritory;
Amendment 40 #
2020/2196(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that at the beginning of 2020, just before the pandemic emergency, illegal immigration flows were increasing considerably compared to the same period last year, thereby significantly increasing the health risk within the EU; whereas despite the commonly agreed decision to completely close the external borders of the Schengen area, some Member States have scaled back their efforts to tackle illegal immigration, even carrying out mass regularisations; According to Europol, a ‘loosening of travel and movement restrictions is likely to result in an increasing movement of irregular migrants’, thereby putting the management of the EU’s external borders under pressure;
Amendment 49 #
2020/2196(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the fact that internal border controlRecalls that Member States are continuing to be introduced by some Member States as a unilateral response to new challenges, before they have given proper consideration to the common European interest in maintaining Schengen as an area without internal border controls; reiterates its call on the Commission to exercise appropriate scrutiny over the application of the Schengen acquis, including through the use of infringement procedures, and underlines the urgent need to enhance mutual trust and cooperation among the Schengen states and appropriate governance for the Schengen areatain sovereignty over border management; recognises, at the same time, that urgent measures are needed to resume national, European and international travel in order to revive the tourism industry;
Amendment 72 #
2020/2196(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 89 #
2020/2196(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deeply regrets the fact that there have been persistent and serious reports about violence and pushbacks at the external border, as well as the lack of adequate monitoring mechanisms to ensure respect for fundamental rights and the rule of law at the external borders; considers that the European Union Agency for Fundamental Rights (FRA) must be given an enhanced operational role with regard to the monitoring of respect for fundamental rights at the external borderReiterates that an efficient external border management system is closely linked to strict external border control and swift return procedures for illegal third country nationals; Stresses the need for external borders to be managed rigorously as any weaknesses may result in the loss of control over basic public safety management, including health threats;
Amendment 149 #
2020/2196(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the Commission and the Council have seriously neglected their obligations following the detection of serious deficiencies in the UK’s use of the Schengen Information System during the 2017 evaluation; reminds all actors of its request to immediately disconnectUK, like any non-Schengen country, had no direct access to the Schengen Information System, but limited access; it lost this latter with Brexit, creating risks for all parties because the UK, as expressed in the letters to the Commission and to the Council Presidency of 15 June 2020; recalls its position that ‘as a thirdlso provided a lot of relevant information to its partners; it is therefore in the interest of all parties to country, the UK cannot have access to SIS’inue to cooperate;
Amendment 30 #
2020/2013(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to participate in the international regulatory activities and discussions on autonomous vehicles, especially in the area of safety, while ensuring cooperation among regulators and vehicle manufacturers relevant to the deployment of automated vehicles in road traffic in the EU; calls for standardised geographic input data and stresses the need for accuracy of such data; calls on the Commission also to consult manufacturers of autonomous vehicles on a regular basis and to take into account the factors and legal aspects they consider to be limiting in the context of the deployment of automated vehicles on EU roads;
Amendment 97 #
2020/0353(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) The manufacturer should provide sufficiently detailed information on the intended use of the battery so as to allow its correct and safe placing on the market, putting into service, use and end-of-life management, including possible repurposing. A list of chemical and harmful ingredients contained in batteries should be included in the detailed information provided by the manufacturer, together with the necessary user safety precautions and warning notices.
Amendment 98 #
2020/0353(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) Distributors and importers, being close to the market place, should be involved in market surveillance tasks carried out by the national authorities, and should be prepared to participate actively throughout the battery life cycle up to recycling, providing those authorities with all necessary information relating to the battery concerned.
Amendment 119 #
2020/0353(COD)
Proposal for a regulation
Recital 83
Recital 83
(83) All automotive, industrial and electric vehicles batteries should be collected and for that purpose, in order to facilitate the recycling thereof as part of a comprehensive and sustainable life cycle management strategy, the producers of such batteries should be required to accept and take back free of charge, all waste automotive, industrial and electric vehicles batteries from end-users. This Regulation must therefore make very specific provision for the storage or warehousing of used batteries, given the level of risk from the chemicals contained therein. Detailed reporting obligations should be established for all actors involved in the collection of waste automotive, industrial and electric vehicles batteries.
Amendment 167 #
2020/0279(COD)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the Commission's proposal;
Amendment 176 #
2020/0279(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and management of the external borders of the Union, based on solidarity between Member States, which is fair towards third-country nationalscitizens of the Member States and support Member States to coordinate and cooperate to stop illegal immigration and protect the integrity of the external borders to ensure the safety of the citizens in the Member States and to protect the European way of life.
Amendment 182 #
2020/0279(COD)
Proposal for a regulation
Recital 2
Recital 2
Amendment 190 #
2020/0279(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and ofa proposal for cooperation between the Member States inof the field of asylum and migration management policies, by elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection,Union in the field of illegal migration control. Member States should therefore consider to take measures to return illegally staying third-country nationals, to prevent irregularllegal migration and unauthorised movements between them, and to provide support to other Member States in the form of solidarity contributo combat illegal migrations, as ylum fraud and otheir contribution to the comprehensive approachnected criminal acts.
Amendment 203 #
2020/0279(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and thatimprove cooperation between the Member States ofn migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States and the prevention of, and enhanced measures toprevent and combat, illegal migration and migrant smuggling.
Amendment 214 #
2020/0279(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of personA policy of non-interference with the right of Member States to protect their borders ins need of international protection and those who are not anded. This will ensure an ability to effectively address the in crecognition that the challenge of irregular arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole. To ensure that Member States have the necessary tools to effectively manage this challenge in addition to applicants for international protection, irregular migrants should also fall within the scope of this Regulation. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons as well as persons granted immediate protectionasing levels of illegal mass-migration and hybrid warfare waged against the Member States. To ensure that Member States have the necessary tools to effectively manage this threat this Regulation shall ensure that the Commission and the European Parliament do not interfere with the sovereign rights of the Member States.
Amendment 219 #
2020/0279(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 231 #
2020/0279(COD)
Amendment 237 #
2020/0279(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) National strategies of the Member States should include information on contingency planning and on the implementation of the principles of integrated policy-making and of solidarityto combat illegal migration and asylum fraud should include strict and practical measures to deter illegal migration and ensure that Europe can hit at the heart of the illegal migration industry. Furthermore, Member States shall be encouraged to ensure that andy fair sharing of responsibility of this Regulation and legal obligations stemming therefrom at national levelcilities for asylum claims are located in third countries, preferably in stable parts of the developing world so as to benefit both the applicants as well as the host nation that can benefit from providing this service to the asylum applicants.
Amendment 242 #
2020/0279(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The regulation sets out how the Commission may (1) provide support to the Member States, as warranted, thereby ensuring to stop illegal mass-migration, (2) curtail third-countries' ability to aggress against the Member States by weaponising third country nationals and labelling them migrants and refugees, (3) ensure to combat asylum fraud, (4) restore the sanctity of the concept of asylum, (5) resolutely support a Member State with regard to migratory movements and incursions, and (6) ensure not to interfere with the internal affairs of the Member States dealing with all threats and consequences linked to migration;
Amendment 243 #
2020/0279(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 246 #
2020/0279(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Bearing in mind the importance of ensuring that the Union is prepared and able to adjust to the developing and evolving realities of asylum and migration management, the Commission should annually adopt a Migration Management Report setting out the likely evolution of the migratory situation and the preparedness of the Union and the Member States to respond and adapt to it. The Report should also include the results of the reporting on monitoring foreseen in the national strategies and should propose improvements where weaknesses are apparentMember States are prepared to stop all illegal migration, the Commission should support Member States by providing a monthly update on possible illegal flows of third country nationals and asylum fraud trends.
Amendment 252 #
2020/0279(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 274 #
2020/0279(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) An effective robust and swift return policy is an essential element of a well- functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should return. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, thprotection for any nation state. Thus it is encouraged that all Member States ensure to arrange for processing of any asylum claims of third country nationals outside European soil; applicants who have registered within the Union could be detained, if deemed necessary; when there are pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examiningasonable grounds to consider the applicant a danger to national security or public order, those applications as well as contributing to effective access to international protection for those in neednt shall be detained without delay.
Amendment 282 #
2020/0279(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) To strengthen cooperation with third countries in the area of return and readmission of illegally staying third- country nationals, it is necessary to develop a new mechanism, including all relevant EU policies and tools, to improve the coordination of the different actions in various policy areas other than migration that the Union and the Member States may take for that purpose. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of the Council38 or of any other information available, and take into account the Union’s overall relations with the third country. That mechanism should also serve to support the implementation of return sponsorship. _________________ 38Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1of illegal migrants it is necessary to focus funding and manpower at the disposal of the Commission on ensuring such migrants' prompt return.
Amendment 291 #
2020/0279(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 305 #
2020/0279(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 319 #
2020/0279(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specific characteristics of disembarkations arising in the context of search anrisk posed by so- called rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specific process applicable to people disembarked following those operations irrespective of whether there is a situation of migratory pressure, Member States shall be encouraged to criminalize these organizations and combat illegal search and rescue operations.
Amendment 329 #
2020/0279(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 340 #
2020/0279(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 349 #
2020/0279(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Persons disembarked should be distributed in a proportionate manner among the Member StateAny illegal migrants that are disembarked should be detained and processed as soon as possible for return to their homeland by the Member State that allowed the disembarkation to take place. Member States that allow disembarkation should be made aware of the fact that they themselves will have to take the burden for allowing illegal migrants to enter into the EU area and it is their responsibility to prevent that the illegal migrants move to other the Member States at their own will. Member States failing this will have to face responsibility to take back illegal migrants for processing and return to their homelands.
Amendment 355 #
2020/0279(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 372 #
2020/0279(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 376 #
2020/0279(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 390 #
2020/0279(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 420 #
2020/0279(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The voluntary solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
Amendment 426 #
2020/0279(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 438 #
2020/0279(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 447 #
2020/0279(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) Member States should be able to make voluntary contributions if a Member State experiences migratory pressure, for example by providing assistance for protecting their external borders.
Amendment 450 #
2020/0279(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 461 #
2020/0279(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 468 #
2020/0279(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) A Member State should be able to takemay, at its own initiative or at the request of another Member State, other solidarity measures on a voluntary basidecide to take measures to assist that Member State in addressing the migratory situation or to prevent migratory pressure. Those contributions should include measures aimed at strengthening the capacity of the Member State under pressure or at responding to migratory trends through cooperation with third countries. In addition, such solidarity measures should include relocation of third-country nationals that are in the border procedure as well as illegally staying third-country nationals. In order to incentivise voluntary solidarity, wherass-migratory threat, however the principal responsibility shall always remain with the Member States make voluntary contributions in the form of relocation or return sponsorship, those contributions should be taken into account in the implementing act provided for in respect of situations of migratory pressure affected.
Amendment 479 #
2020/0279(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 493 #
2020/0279(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 499 #
2020/0279(COD)
Proposal for a regulation
Recital 36
Recital 36
Amendment 504 #
2020/0279(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 512 #
2020/0279(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to limit unauthorised movements and to ensure that the Member States have the necessary tools to ensure transfers of beneficiaries of international protection who entered the territory of another Membe, all third country nationals with no legal rights to enter or Sstate thay in the Member State responsible without fulfilling the conditions of stay in that other Member State to the Member State responsible, and to ensure effective solidarity between Member States, this Regulation should also apply to beneficiaries of international protection. Likewise, this Regulation should apply to persons resettled or admitted by a Member State in accordance with Regulation (EU) XXX/XXX [Union Resettlement Framework Regulation] or who are granted international protection or humanitarian status under a national resettlement schemes should be detained until they can be returned to their country of origin or transferred to an asylum center in a third country.
Amendment 523 #
2020/0279(COD)
Proposal for a regulation
Recital 40
Recital 40
Amendment 532 #
2020/0279(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primaryn important consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or , this entails a swift reunification with their age and maturity, including his or her background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerabilitfamily and/or representative in or near their home country.
Amendment 541 #
2020/0279(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, respect for family life should be athe safety of the Member States citizens, their family life and their European way of life, as well as for right to self-determination of the peoples of the Member States, should be the primary considerations of Member States when applying this Regulation.
Amendment 552 #
2020/0279(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) In order to prevent that persons who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member State where an application is first registered does not apply the responsibilty criteria or the benefitting Member State does not apply the relocation procedure where there are reasonable grounds to consider the person concerned a danger to national security or public orderfree to travel within the EU, they should be promptly apprehended by the Member State concerned and placed in a high security facility awaiting deportation to their home country.
Amendment 556 #
2020/0279(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 564 #
2020/0279(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant. Reuniting siblings is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements. The scope of the definition of family memberis recommended to include one legal shpould also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the EUse and the children (biological or adopted), at the discretion of each Member State.
Amendment 571 #
2020/0279(COD)
Proposal for a regulation
Recital 48
Recital 48
Amendment 580 #
2020/0279(COD)
Proposal for a regulation
Recital 49
Recital 49
Amendment 589 #
2020/0279(COD)
Proposal for a regulation
Recital 50
Recital 50
Amendment 601 #
2020/0279(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Considering that a Member State should remain responsible for a person who has irregularllegally entered its territory, it is also necessary to include the situation when the person enters the territory illegally following a search and rescue operation. A derogation from this responsibility criterion should be laid down for the situation where a Member State has relocated persons having crossed the external border of another Member State irregularly or following a search and rescue operation. In such a situation, the Member State of relocation should be responsibile if the person applies for international protectionn operation by states or third parties at sea due to coercion from the illegal migrants and/or smugglers.
Amendment 603 #
2020/0279(COD)
Proposal for a regulation
Recital 52
Recital 52
Amendment 618 #
2020/0279(COD)
Proposal for a regulation
Recital 54
Recital 54
Amendment 631 #
2020/0279(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed uponcitizens of the Member States it is proposed that the Member State concerned ensures that all third country nationals who illegally enter are detained in safe facilities awaiting their removal from the Member State.
Amendment 637 #
2020/0279(COD)
Proposal for a regulation
Recital 57
Recital 57
Amendment 641 #
2020/0279(COD)
Proposal for a regulation
Recital 58
Recital 58
Amendment 649 #
2020/0279(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulationillegal migrants and/or applicants should be applied in accordance with the underlying principle that a person should be detained for as short a period as possible.
Amendment 657 #
2020/0279(COD)
Proposal for a regulation
Recital 60
Recital 60
Amendment 663 #
2020/0279(COD)
Proposal for a regulation
Recital 62
Recital 62
Amendment 672 #
2020/0279(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) To support Member States who undertake relocation as a solidarity measure, financial support from the Union budget should be provided. In order to incentivise Member States to give prioritexperience large volumes of illegal border crossings, other Member States may, if they tso the relocation of unaccompanied minors a higher incentive contribution should be providewish, support with funds, personnel or material the effort to stop illegal migration and asylum fraud.
Amendment 683 #
2020/0279(COD)
Proposal for a regulation
Recital 65
Recital 65
Amendment 685 #
2020/0279(COD)
Proposal for a regulation
Recital 66
Recital 66
Amendment 691 #
2020/0279(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) The operation of the Visa Information System, as established by Regulation (EC) No 767/2008 of the European Parliament and of the Council46 , and in particular the implementation of Articles 21 and 22 thereof, should facilitate the application of this Regulationshould facilitate the important work of securing the borders for the Member States. _________________ 46Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas, OJ L 218, 13.8.2008, p. 60.
Amendment 693 #
2020/0279(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) With respect to the treatment of persons falling within the scope of this Regulation, Member States are bound by their obligations primarily to their own citizens to ensure rule of law, a safe and secure environment, protection of their culture and the European way of life under instruments of international law, including the relevant case-law of the European Court of Human Rights.
Amendment 700 #
2020/0279(COD)
Proposal for a regulation
Recital 72
Recital 72
Amendment 709 #
2020/0279(COD)
Proposal for a regulation
Recital 73
Recital 73
Amendment 721 #
2020/0279(COD)
Proposal for a regulation
Recital 77
Recital 77
(77) This Regulation respects the fundamental rights and observes the principles which are acknowledged, in particular, in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full observance of the right to asylum guaranteed by Article 18 of the Charterself- determination of the citizens of the Member States, as well as their rights recognised under Articles 1, 4, 7, 24 and 47 thereof. This Regulation should therefore be applied accordingly to a secure and safe environment and the preservation of their cultures and way of life.
Amendment 722 #
2020/0279(COD)
Amendment 735 #
2020/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
Amendment 739 #
2020/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) sets out a common framework for the management of asylum andpplications in the Union and the prevention of illegal migration into the Union;
Amendment 747 #
2020/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) establishes a mechanism for voluntary solidarity;
Amendment 749 #
2020/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) lays down the criteria and mechanismsdetermines that the Member State responsible for examining an application for deintermining the Member State responsible for examining an application for international protectionnational protection is ordinarily the Member State of first entry; provides guidelines for Commission support, if requested by a Member State, by ensuring that all funds allocated are used to prevent illegal mass-migration; facilitates the prompt return of illegal migrants.
Amendment 752 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘third-country national’ means any person who is not a citizen of the Uniona Member State within the meaning of Article 20(1) of the Treaty and who is not a person enjoying the right to free movement under Union law as defined in Article 2, point (5) of Regulation (EU) 2016/399 of the European Parliament and of the Council53 ; _________________ 53Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p. 1.
Amendment 753 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) ‘illegal migrant’ means any third- country national who enters the territory of the Member States without prior approval in the form of a visa or residence permit or who enters a Member State by force, or a person who enters a Member State and does not apply for protection at the first opportunity. A person who wishes to apply for international protection, must do so in a peaceful manner and at the first possible opportunity (at a border post, disembarkation point, or asylum processing facility). Should the third- country national enter a Member State by force or travel through a Member State without applying for protection, any application that is lodged will be denied, the person will be considered as an illegal migrant, and will be detained and returned to his or her country of origin.
Amendment 756 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘application for international protection’ or ‘application’ means a request for protection made to a Member State by a third-country national or a stateless person, who can be understood as seeking refugee status, or a person seeking subsidiary protection status but only in cases where protection could not be granted in the region, 'international protection' as defined in this Regulation does not include humanitarian visas issued by a Member State on a discretionary basis;
Amendment 768 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been takenwithout illegally entering a Member State, or has been taken and is either subject to or can still be subject to a remedy in the Member State concerned, irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation], including a person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration];
Amendment 769 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) 'child' means a minor under the age of 13,
Amendment 770 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘examination of an application for international protection’ means examination of the admissibility or the merits of an application for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation], excluding procedures for determining the Member State responsible in accordance with this Regulationapplicable United Nation conventions currently in force;
Amendment 776 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection as defined in Article 2(2) of Regulation (EU) XXX/XXX [Qualification Regulation]by the respective Member State;
Amendment 781 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – introductory part
Article 2 – paragraph 1 – point g – introductory part
(g) ‘family members’ means, insofar as the family already existed before the applicant or the family member arrived on the territory of the Member States, the following members of the applicant’s family who are present on the territory of the Member States, and with whom there is a well-proven family link:
Amendment 787 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point i
Article 2 – paragraph 1 – point g – point i
(i) the spouse of the applicant or his or her unmarried partner in a stable relationship, where the law or practice of, only where the country of origin and the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country ncognises the marriage in accordance with its national legislationals,
Amendment 795 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iii
Article 2 – paragraph 1 – point g – point iii
(iii) where the applicant is a minor and unmarried, the father, mother or another adult legally responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 806 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point v
Article 2 – paragraph 1 – point g – point v
Amendment 820 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘minor’ means a third-country national or a stateless person below the age of 18 years but over the age of 13;
Amendment 821 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) 'unaccompanied child' means a minor under the age of 13 who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her, whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such an adult; it includes a minor under the age of 13 who is left unaccompanied after he or she has entered the territory of Member States;
Amendment 832 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
Amendment 841 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘absconding’ means the action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by repeatedly failing to respond to official requests or by leaving the territory of the Member State without authorisation from the competent authorities for reasons which are not beyond the applicant’s control;
Amendment 857 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point s
Article 2 – paragraph 1 – point s
(s) ‘contributing Member State’ means a Member State that contributes or is obliged to contribute to the solidarity measures to a benefitting Member State set out in Chapters I-III of Part IV of this Regulation;
Amendment 888 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point w a (new)
Article 2 – paragraph 1 – point w a (new)
(wa) ‘massive illegal migration threat’ means a situation where there is a large number of illegal migrants, or a risk of such individuals appearing, in a Member State and the specific developments in third countries which generate mass illegal migration flows;
Amendment 893 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point aa
Article 2 – paragraph 1 – point aa
(aa) ‘illegally staying third-country national’ means a third-country national who does not fulfil or no longer fulfils the conditions of entry as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in a Member State, and who must be returned to his or her country of origin without delay.
Amendment 912 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
Amendment 916 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States addressing the root causes of irregular migration, supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting irregular migration and migrant smuggling, and enhancing cooperation on readmission;addressing illegal migration with relevant third countries, supporting countries hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting illegal migration and migrant trafficking and smuggling, and enhancing cooperation on readmission, including making development aid to third countries conditional upon the effective implementation of readmission agreements1a; the Commission shall, in this regard, ensure that, in all its dealings with the authorities of third countries, it supports all initiatives and policies of the Member States aimed at combatting illegal immigration, returning illegal migrants, countering the weaponisation of illegal migrants, and preventing asylum fraud; _________________ 1aParticularly in accordance with resolution of the European Parliament of 25 November 2020 on improving development effectiveness and the efficiency of aid.
Amendment 924 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) close cooperation and mutual partnership among Union institutions and bodies, Member States andbetween Member States, and if so requested, assisted where necessary by the Commission; the Commission shall ensure that it supports the Member States' efforts in all international forganisationsa such as, but not limited to, the United Nations and the OSCE;
Amendment 931 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) full implementarespect for the sovereignty of Member States and recognition that border protection ofand the common visa policydecision to grant or refuse visas for third country nationals is a national competence;
Amendment 935 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) effective management and prevention of irregularprevention of illegal migration and support from the Commission to ensure that any funds received including development and/or emergency aid is strictly conditioned on full compliance with all requests from Member States in their work to end illegal migration;
Amendment 953 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) full respect of the obligations laid down in international and European lawlegally binding international instruments concerning persons rescued at sea;
Amendment 958 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) access to procedures for granting and withdrawing international protection on Union territory and recognition of third- country nationals or stateless persons as refugees or beneficiaries of subsidiary protection;
Amendment 962 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanism; if a Member State fails in their primary duty to uphold the integrity of the national border, any and all third country nationals that enter the EU zone for the first time will be that Member Sate's responsibility. If other Member States would like to show solidarity in the defence of that Member State's border, they are encouraged to do so; Member States are especially encouraged to provide support if that Member State's fbor solidarityder coincides at any distance with the external border, and that Member State has applied active and robust preparatory measures against illegal migration, the weaponisation of illegal migration, and asylum fraud;
Amendment 969 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) access for applicants to adequate reception conditions; Member States are encouraged to outsource and locate any asylum reception facilities to an appropriate third country; preferably, the third country shall be located geographically so that the carbon footprint of the facility used is as light as possible and that the investment can benefit the development of the hosting nation; where possible, the location should also be in the proximity of the country of origin to facilitate their return home;
Amendment 980 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) effective management of thed swift return of illegally staying third-country nationals;
Amendment 982 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) effective measures to provide incentives for and support to the integration of beneficiaries of international protection in the Member Statesensure that refugees are hosted in the region close to their country of origin, and in cases where refugees have been granted asylum in a Member State, effective measures to ensure that those who have been granted international protection can return to their country of origin once it is safe to do so;
Amendment 989 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) measures aimed at reducing and tackling the enabling and pull factors of irregularllegal migration to and illegal stay in the Union, including illegal employment, asylum fraud, as well as conditions that enable third countries to weaponise migration;
Amendment 992 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) full deployment and use of the operational tools set up at Union level, notably the European Border and Coast Guard Agency, the Asylum Agency, EU- LISA and Europol, as well as large-scale Union Information Technology systems to offer any assistance requested by the Member States to combat illegal migration, asylum fraud and hybrid attacks on the Member States;
Amendment 1007 #
2020/0279(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States shall ensure the protection of their external borders against any and all foreign incursions, including illegal migration, hybrid attacks and asylum fraud.
Amendment 1011 #
2020/0279(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Union and Member States, acting within their respective competencissisted by the Union and in full respect of the sovereignty of the Member States, shall be responsible for the implementation of the asylum and migration management policies.
Amendment 1015 #
2020/0279(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States, with the support of Union Agencies, shall ensure that they have the capacity to effectively implement asylum and migration management policies, taking into account the comprehensive approach referred to in Article 3, including the necessary human and financial resources and infrastructure.prevent illegal migration, as well as to deter asylum fraud and the weaponisation of migration;
Amendment 1020 #
2020/0279(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Principle of svolidarity and fair sharing of responsibiluntary solidarity
Amendment 1022 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies. Member States shall:
Amendment 1038 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) establish and maintain national asylum and migration management systems that provide access to international protectionasylum procedures, grant such protection to those who are in need and ensure the effective and immediate return of those who are illegally staying;
Amendment 1045 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) take all measures necessary and proportionate to reduce and prevent irregularllegal migration to the territories of the Member States, in close cooperation and partnership with relevant third countries by making development aid conditional upon the effective implementation of readmission agreements, including as regards the prevention and fight against migrant smuggling, particularly by NGOs operating under the guise of "search and rescue";
Amendment 1054 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) remove any pull factors that attract more illegal migration to the Union or that create migratory pressure on another Member States ' external borders by adapting their domestic law as appropriate;
Amendment 1066 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) provide voluntary support to other Member States in the form of solidarityfinancial or other contributions on the basis of needs set out in Chapters I-III of Part IV;
Amendment 1089 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Commission shall adopt a European Asylum and Migration Management Strategy setting out the strategic approach to managing asylum and preventing illegal migration at Union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this Part. The Commission shall transmit the Strategy to the European Parliament and the Council.
Amendment 1095 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 1117 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall have national strategies in place to ensure sufficient capacity for the implementation of an effective asylum and migration management system in accordance with the principles set out in this Part. Those strategies shall include contingency planning at national level, taking into account the contingency planning pursuant to Regulation (EU) XXX/XXX [European Union Asylum Agency], Regulation (EU) 2019/189656 (European Border and Coast Guard Agency) and Directive XXX/XXX/EU [Reception Conditions Directive] and the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint. Such national strategies shall include information on how the Member State is implementing the principles set out in this Part and legal obligations stemming therefrom at national level. They shall take into account other relevant strategies and existing support measures notably under Regulation (EU) XXX/XXX [Asylum and Migration Fund] and Regulation (EU) XXX/XXX [European Union Asylum Agency] and be coherent with and complementary to the national strategies for integrated border management established in accordance with Article 8(6) of Regulation (EU) 2019/1896. The results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, of the evaluation carried out in accordance with Council Regulation No 1053/2013 as well as those carried out in line with Article 7 of Regulation (EU) XXX/XXX [Screening Regulation], should also be taken into account in these strategies. _________________ 56Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019, p. 1to protect their borders and for a robust response to illegal migration.
Amendment 1124 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall adopt a Migration Management Report each year setting out the anticipated evolution of the migratory situation and the preparedness of the Union and the Member States. In the case of migratory flows generated by search and rescue operations, the Commission shall consult the concerned Member States and the Report shall set out the total number of projected disembarkations in the short term and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation through relocation and through measures in the field of capacity building, operational support and measures in the field of the external dimension. The Report shall also indicate whether particular Member States are faced with capacity challenges due to the presence of third-country nationals who are vulnerable and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and propose improvements where appropriate.
Amendment 1130 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 1160 #
2020/0279(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the Commission considers it appropriate, it shall also identify in its report measures designed to promote cooperation among the Member States to facilitate the return of illegal staying third- country nationals, including withholding development aid and other forms of financial and non-financial assistance from a third country as long cooperation is lacking.
Amendment 1166 #
2020/0279(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. On the basis of the report referred to in paragraph 1, the Commission and the Council, within their respective competencies, shall consider the appropriate actions taking into account the Union’s overall relations with the third country including withholding development aid or other forms of funding.
Amendment 1176 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Only a Member States shall is competent to decide and examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State, which shall be the one which the criteria set out in Chapter II of Part III indicate is responsibleand it shall be done in line with that particular Member State's laws and policies with no interference from the Commission, the European Parliament or any other EU institution.
Amendment 1182 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, tThe first Member State in which the application for international protection was registered shall be responsible for examining it.
Amendment 1191 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 1214 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Where the security check carried out in accordance with Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] or in accordance with the first and second subparagraphs of this paragraph shows that there are reasonable grounds to consider the applicant a danger to national security or public order of the Member State carrying out the security check, that Member State shall be the Member State responsiblemay return the applicant to the country of origin without delay.
Amendment 1222 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. Each Member State shall retain the right to deny entry and push back any potential applicant attempting to enter and to push back any applicant having entered its territory from a safe third country or by having traversed a safe third country;
Amendment 1227 #
2020/0279(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where a third-country national or stateless person intends, after legally entering the territory of a Member State of the Union, to make an application for international protectionasylum, the application shall be made and registered in the Member State of first entry.
Amendment 1231 #
2020/0279(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. By derogation from paragraph 1, where a third-country national or stateEach Member State may determine ruless person is in possession of a valid residence permit or a valid visa, the application shall be made and registered in the Member State that issued the residence permit or visataining to illegal migrants and/or asylum applicants as they see fit.
Amendment 1242 #
2020/0279(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting as soon as possible and at the latest during the interview referred to in Article 12, all the elements and information available to him or her relevant for determining the Member State responsible. Where the applicant is not in a position at the time of the interview to submit evidence to substantiate the elements and information provided, the competent authority may set a time limit within the period referred to in Article 29(1) for submitting such evidenceprocessing his or her application.
Amendment 1248 #
2020/0279(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 1259 #
2020/0279(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The applicant shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive in any Member State other than the one in which he or she is required to be present pursuant to Article 9(4) of this Regulation if he or she entered the territory of a Member State illegally or by using force, and pursuant to Article 9(4) of this Regulation from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible, provided that the applicant has been informed of that consequence pursuant to Article 8(2), point (b) of Regulation (EU) XXX/XXX [Screening Regulation]. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter of Fundamental Rights of the European Union, and international obligations.
Amendment 1262 #
2020/0279(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Any applicant, who has entered the territory of a Member State illegally, shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive in any Member State. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter of Fundamental Rights of the European Union, and international obligations.
Amendment 1271 #
Amendment 1329 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point k a (new)
Article 11 – paragraph 1 – point k a (new)
(ka) where applicable, of an age assessment, including by established medical methods, of an applicant or a DNA-test to prove a family-link;
Amendment 1362 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. In order to facilitate the process of determining the Member State responsible, the determining Member State of first entry shall conduct a personal interview with the applicant. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 11.
Amendment 1366 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a a (new)
Article 12 – paragraph 2 – point a a (new)
(aa) the applicant fails to produce identification and there are reasonable grounds to believe that such failure has been caused by the applicant;
Amendment 1376 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The personal interview shall take place in a timmmediately manner and, in any event, before any take charge request is made pursuant to Article 29d close to where the applicant entered the territory of a Member State.
Amendment 1378 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. Interviews of unaccompanied minorschildren shall be conducted in a child-friendly manner, by staff who are appropriately trained and qualified under national law, in the presence of the representative and, where applicable, the minorchild’s legal advisor. Where necessary, Member States shall have recourse to an interpreter, and where appropriate a cultural mediator, who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. The applicant may request to be interviewed and assisted by staff of the same sex.
Amendment 1395 #
Amendment 1396 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The best interests of the child shall be a primaryand minor shall be an important consideration for Member States with respect to all procedures provided for in this Regulation, as long as the minor did not engage in acts of violence towards other persons or property in the Member State(s). If such violent acts are committed, any special treatment due to age might be revoked at the discretion of the responsible Member State.
Amendment 1401 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
Amendment 1402 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
1b. Member States are encouraged to ensure the swift and appropriate safe placement of children while awaiting family reunification and the return to their home countries or placement in the region close to their home.
Amendment 1408 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Each Member State where an unaccompanied minorchild is present shall ensure that he or she is represented and assisted by a representative with respect to the relevant procedures provided for in this Regulation. The representative shall have the qualifications, training and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors.children
Amendment 1409 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out its duties in respect of the minorchild. The first subparagraph shall apply to that person.
Amendment 1420 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The representative of an unaccompanied minorchild shall be involved in the process of establishing the Member State responsible under this Regulation. The representative shall assist the unaccompanied minorchild to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4, including the exercise of the right to be heard, and shall support his or her engagement with other actors, such as family tracing organisations, where appropriate for that purpose.
Amendment 1441 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) the minorchild’s well-being and social development, taking into particular consideration the minorchild’s background;
Amendment 1450 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point c
Article 13 – paragraph 4 – point c
(c) safety and security considerations, in particular where there is a risk of the minor or child being a victim of any form of violence and exploitation, including trafficking in human beings;
Amendment 1457 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point d
Article 13 – paragraph 4 – point d
(d) the views of the minor or child, in accordance with his or her age and maturity;
Amendment 1462 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point e
Article 13 – paragraph 4 – point e
(e) where the applicant is an unaccompanied minorchild, the information provided by the representative in the Member State where the unaccompanied minorchild is present.
Amendment 1466 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 1476 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 6 – introductory part
Article 13 – paragraph 6 – introductory part
6. For the purpose of applying Article 15, the Member State where the unaccompanied minor or child’s application for international protection was registered shall, as soon as possible, take appropriate action to identify the family members or relatives of the unaccompanied minor or child on the territory of Member States, whilst protecting the best interests of the child.
Amendment 1490 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. With a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor or child living in the territory of another Member State pursuant to paragraph 6, the Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1496 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The Member State responsible in accordance with the criteria set out in this Chapter shall be determined on the basis of the situation obtaining when the application for international protection was first registered with a Member Stateshall be the Member State of first entry.
Amendment 1504 #
Amendment 1523 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 1532 #
2020/0279(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 1539 #
2020/0279(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 1542 #
2020/0279(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 1545 #
2020/0279(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 1555 #
2020/0279(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 1557 #
2020/0279(COD)
Proposal for a regulation
Article 20
Article 20
Amendment 1574 #
2020/0279(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where it is established, on the basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that an applicant has irregularllegally crossed the border into a Member State by land, sea or air having come from a third country, the first Member State thus entered shall be responsible for examining the application for international protection. That responsibility shall cease if the application is registered more than 3 years after the date on which that border crossing took placeapplicant can be returned to the third country in question or the applicant's country of origin. Member States are under no obligation to consider an application for asylum where the applicant illegally entered the Member State in question.
Amendment 1654 #
2020/0279(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. For the purposes of this Regulation, the situation of a minor or child who is accompanying the applicant and meets the definition of family member shall be indissociable from that of his or her family member and the minor or child shall be taken charge of or taken back by the Member State responsible for examining the application for international protection of that family member, even if the minor is not individually an applicant, unless it is demonstrated that this is not in the best interests of the child. The same principle shall be applied to children born after the applicant arrives on the territory of the Member States, without the need to initiate a new procedure for taking charge of them.
Amendment 1673 #
2020/0279(COD)
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. The process of determining the Member State responsible takes place, in case the applicant has crossed the border by land, in facilities close to the point of entry or close to the border, which are equipped to register and process applications without delay; in case the applicant has entered by land or by the sea the determination shall take place at the port or the airport;
Amendment 1682 #
2020/0279(COD)
Proposal for a regulation
Article 28 – paragraph 4 – introductory part
Article 28 – paragraph 4 – introductory part
4. An applicant who is present in another Member State without a residence document or who there makes an application for international protection during the process of determining the Member State responsible, shall be taken back, under the conditions laid down in Articles 31 and 35, by the Member State with which that application was first registeredcan be returned to his or her country of origin. Freedom of movement within the EU does not apply to applicants for asylum.
Amendment 1684 #
2020/0279(COD)
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
Amendment 1686 #
2020/0279(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
Amendment 1688 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. If, after having established the identity of the applicant, a Member State where an application for international protection has been registered considers that another Member State is responsible for examining the application, it shall, without delay and in any event within two months of the date on which the application was registered, request that other Member State to take charge of the applicant.
Amendment 1708 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3
Article 29 – paragraph 1 – subparagraph 3
Where the applicant is an unaccompanied minorchild, the determining Member State may, where it considers that it is in the best interest of the minorchild, continue the procedure for determining the Member State responsible and request another Member State to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs.
Amendment 1713 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 3 – introductory part
Article 29 – paragraph 3 – introductory part
3. In the cases referred to in paragraphs 1 and 2, the take charge request by another Member State shall be made using a standard form and including documents confirming the identity of the applicant as well as proof or circumstantial evidence as described in the two lists referred to in Article 30(4) and/or relevant elements from the applicant’s statement, enabling the authorities of the requested Member State to check whether it is responsible on the basis of the criteria laid down in this Regulation.
Amendment 1805 #
Amendment 1855 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Member States other than the Member State of first entry shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation.
Amendment 1867 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Where there is a risk of absconding, or when an applicant fails to produce documents proving his or her identity, Member States may detain the person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively, based on an individual assessment of the person’s circumstances.
Amendment 1957 #
2020/0279(COD)
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. For the sole purpose of the provision of medical care or treatment, in particular concerning disabled persons, elderly people, pregnant women, minors, children and persons who have been subject to torture, rape or other serious forms of psychological, physical and sexual violence, the transferring Member State shall, in so far as it is available to the competent authority in accordance with national law, transmit to the Member State responsible information on any special needs of the person to be transferred, which in specific cases may include information on that person’s physical or mental health. That information shall be transferred in a common health certificate with the necessary documents attached. The Member State responsible shall ensure that those special needs are adequately addressed, including in particular any essential medical care that may be required.
Amendment 1975 #
2020/0279(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Provided it is necessary for the examination of the application for international protection, the Member State responsible may request another Member State to let it know on what grounds the applicant bases his or her application and, where applicable, the grounds for any decisions taken concerning the applicant. The other Member State may refuse to respond to the request submitted to it, if the communication of such information is likely to harm its essential interests or the protection of the liberties and fundamental rights of the person concerned or of others. In any event, communication of the information requested shall be subject to the written approval of the applicant for international protection, obtained by the requesting Member State. In that case, the applicant must know for what specific information he or she is giving his or her approval.
Amendment 2018 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. Solidarity cContributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shallmay consist of the following types:
Amendment 2035 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point b a (new)
Article 45 – paragraph 1 – point b a (new)
(ba) assistance to protect the external border of the Union;
Amendment 2083 #
2020/0279(COD)
Proposal for a regulation
Article 46
Article 46
Article 46 deleted Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.
Amendment 2099 #
Amendment 2119 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
Amendment 2123 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4 – point a
Article 47 – paragraph 4 – point a
Amendment 2125 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4 – point b
Article 47 – paragraph 4 – point b
Amendment 2128 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4 – point c
Article 47 – paragraph 4 – point c
Amendment 2133 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
Amendment 2143 #
Amendment 2178 #
Amendment 2252 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point k
Article 50 – paragraph 3 – point k
(k) the number of unaccompanied minors and children.
Amendment 2316 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
Amendment 2323 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
Amendment 2337 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
Amendment 2342 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
Amendment 2353 #
Amendment 2375 #
2020/0279(COD)
Proposal for a regulation
Article 54
Article 54
Amendment 2417 #
2020/0279(COD)
Proposal for a regulation
Article 55 – paragraph 4 – point a
Article 55 – paragraph 4 – point a
Amendment 2439 #
2020/0279(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
3. Member States which have contributed or plan to contribute with solidarity contributions in response to a request for solidarity support by a Member State, or on its own initiative, shall notify the Commission, thereof by completing the Solidarity Support Plan form set out in Annex IV. The Solidarity Response Plan shall include, where relevant, verifiable information, including on the scope and nature of the measures and their implementation.
Amendment 2461 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 – introductory part
Article 57 – paragraph 3 – introductory part
3. Where relocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. Where the person concerned is an applicant for or a beneficiary of international protection, that Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the Member State of relocation. Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person consented to relocation in writing.
Amendment 2565 #
2020/0279(COD)
Proposal for a regulation
Article 71
Article 71
Directive 2003/109/EC
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
Amendments to the Long Term Residence 1. as follows: Article 4 is amended as follows: (a) paragraph is added: ‘With regard to beneficiaries of international protection, the required period of legal and continuous residence shall be three years.rticle 71 deleted Directive Directive 2003/109/EC is amended in paragraph 1, the following sub- (This amendment applies throughout the text.)
Amendment 1113 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point a e (new)
Article 16 – paragraph 3 – point a e (new)
(a e) whether the plan contains measures that effectively contribute to the green and the digital transitions or to addressing the challenges resulting from them;
Amendment 1151 #
Amendment 245 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. By September 2020, the Commission shall review the Union’s 2030 target for climate referred to in Article 2(11) of Regulation (EU) 2018/1999 in light of the climate-neutrality objective set out in Article 2(1), and explore options for a new 2030 target of 50 to 55% emission reductions compared to 1990. Where the CommissionIf the Member States considers that it is necessary to amend that target, it shall make proposalsthe initial objective is too restrictive, the Commission shall modify that specific objective and submit to the European Parliament and to the Council athe proposals it considers appropriate.
Amendment 259 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. By 30 June 2021, the Commission shall assess how the Union legislation implementing the Union’s 2030 target would need to be amended in order to enable the achievement of 50 to 55 % emission reductions compared to 1990 and to achieve the climate-neutrality- objective set out in Article 2(1), and consider taking the necessary measures, including the adoption of legislative proposals, in accordance with the Treaties.Deleted
Amendment 370 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission shall assess any draft measure or legislative proposal in light of the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1) before adoption, and include this analysis in any impact assessment accompanying these measures or proposals, and make the result of that assessment public at the time of adoption. Any impact assessment or analysis, with a view to the adoption of new measures, shall take into account the level of technical feasibility linked to the development of infrastructure for recharging alternative fuels. In all cases, they shall take into account the gaps and delays in European policy in terms of equipping the TEN-T network with alternative energy distribution points, without prejudicing and sanctioning the Member States.
Amendment 384 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where the Commission finds, under due consideration of the collective progress assessed in accordance with Article 5(1), that a Member State’s measures are inconsistent with that objective as expressed by the trajectory referred to in Article 3(1) or inadequate to ensure progress on adaptation as referred to in Article 4, it may issue recommendations to that Member State. THowever, the Commission shall make such recommendations publicly available's recommendations shall be able to provide the necessary support to the Member State in order to readjust the objective so that it is more consistent with the technical reality specific to that Member State. The Commission shall make these recommendations public.
Amendment 403 #
2020/0036(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Commission shall engage with all parts of society to enable and empower them to take action towards a climate- neutral and climate-resilient society. The Commission shall facilitate an inclusive and accessible process at all levels, including at national, regional and local level and with social partners, citizens and civil society, for the exchange of best practice and to identify actions to contribute to the achievement of the objectives of this Regulation. In addition, the Commission may also draw on the multilevel climate and energy dialogues as set up by Member States in accordance with Article 11 of Regulation (EU) 2018/1999. Car / truck, aeronautic, naval, rail, energy, transport and mobility stakeholders shall be included in the dialogue with the Commission.
Amendment 186 #
2020/0035(COD)
By 31 December 2022, the Commission shall submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation, results and overall assessment of the initiatives provided for in this Decision; the overall assessment must also take into account the economic and safety consequences of opening up the rail services market to competition, the operating costs per kilometre, the increase in fares and the abandonment of secondary lines which, in some areas, forces users to use their cars.
Amendment 1 #
2019/2213(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for an ambitious budget for the EU transport sector, which takes into account emerging challenges and the current political priorities in terms of EU transport policy; considers that this ambitious budget must also address the European tourism sector in line with its current and future needs in terms of infrastructure, security and energy transition, so as to make it sustainable;
Amendment 22 #
2019/2208(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the twofoldprimary objective of the directive is effective return in line with fundamental rights and the principle of proportionality; whereas in its recommendation on making returns more effective,; welcomes the Commission's focuses on the rate of returns as the primary indicator of the directive’s effectiveness;
Amendment 32 #
2019/2208(INI)
Da. whereas, according to IOM data, around 81,000 African migrants returned to their home nation with the aid of the UN’s International Organization for Migration (IOM) and that such Joint initiative which costed the European Union €357 million was to be considered largely a failure1a; _________________ 1a https://www.euronews.com/2020/06/19/pa ying-for-migrants-to-go-back-home-how- the-eu-s-voluntary-return-scheme-is- failing-the-de
Amendment 45 #
2019/2208(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates the importance of an evidence-based approach to guide coherent policy-making and well-informed public discourse and calls on the Commission to encourage and support Member States to collect and publish qualitative and quantitative data on the implementation of the directive;
Amendment 57 #
2019/2208(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. StExpresses thaconcerns about the Commission’s statement that the return rate decreased from 46 % in 2016 to 37 % in 2017 may not present the full picture, as people who received a return decision were not necessarily returned within the same year, some Member States issue more than one return decision to one person, or to people whose whereabouts are unknown, and return decisions are not withdrawnas the effective return of third- country nationals who do not have a right to stay ifn the return does not take place owing to difficulties in cooperation with third countries or for humanitarian reasonsUnion is an essential component of an effective asylum policy;
Amendment 64 #
2019/2208(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses 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 86 #
2019/2208(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the importance of ensuring compliance with return decisions and recalls the key principle enshrined in the directive that voluntary returns should be prioritised over forced returnsat voluntary returns should be proposed as a way to avoid unnecessary retention or detention period;
Amendment 96 #
2019/2208(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that under Article 7 of the directive, a return decision shall provide for an appropriate period for voluntary departure, which Member States have to extend where necessary, taking into account the specific circumstances of the individual case; stresses that a relatively short period for voluntary departure may hinder or altogether prevent voluntary departure;
Amendment 115 #
2019/2208(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that a broad definition of the risk of absconding may lead tohelp Member States frequently refraining from granting a period for voluntary departureto manage returns more efficiently; recalls that lifting the voluntary departure period also leads to the imposition of an entry ban, which may further undermine voluntary departure;
Amendment 124 #
2019/2208(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that return and entry-ban decisions on removal should be individualised, clearly justified with reasons in law and in fact, issued in writing, and complete with information about available remediesshould be swift and effective;
Amendment 133 #
2019/2208(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that the directive allows for the temporary suspension of the enforcement of a removal, pending a decision relating to return; underlines the importance of such suspensive effect in cases where there is a risk of refoulement; notes that in most countries, appeal against return is not automatically suspensive, which may diminish protection and increase administrative burdens;
Amendment 141 #
2019/2208(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 160 #
2019/2208(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concernWelcomes the widespread automatic imposition of entry bans, which in some Member States are enforced alongside voluntary departure; stresses that this approach risks reducing incentives to comply with a return decision;
Amendment 169 #
2019/2208(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that although the threat of imposition of an entry ban may serve ais an incentive to leave a country within the time period of voluntary departure, once imposed, entry bans actually reduce the incentive to comply with a return decision and may increase the risk of absconding;
Amendment 175 #
2019/2208(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 185 #
2019/2208(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 191 #
2019/2208(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 203 #
2019/2208(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. NoteRecalls that the directive establishes that returnees may lawfully be detained where other less coercive measures cannot be applied; expresses regret that despite the obligation to apply detention as a measure of last resort, in practice, very few viable alternatives to detention are developed and applied by Member States; calls on Member States, as a matter of urgency, to offer viable community-based alternatives to detention;
Amendment 216 #
2019/2208(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that a significant number of alleged children are still detained in the European Union as part of return procedures, which constitutes a direct violation of the UN Convention on the Rights of the Child, as the UN Committee on the Rights of the Child has clarified that children should never be detained for immigration purposes, and detention can never be justified as in a child’s best interests; stresses that there should be mandatory procedures to detect adults pretending to be children, such as bone age assessments or dental age assessments, in order to be able to put more focus on real children’s best interest;
Amendment 226 #
2019/2208(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on Member States to ensure the proper implementation of the directive in all its aspects; calls on the Commission to continue monitoring this implementation and take action in the event of non- compliance;
Amendment 228 #
2019/2208(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 100 #
2019/2201(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Moldovan authorities to ensure free and fair presidential elections scheduled on November 1st, 2020;
Amendment 53 #
2019/2191(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights the role of the ERTMS Coordinator in defining the lines and corridors to be equipped with the ERTMS as a matter of priority, and in ensuring its deployment in the most cost-efficient way in close cooperation with stakeholders; stresses that, when setting its priorities, the ERTMS coordinator must also take into account gaps in certain lines and corridors affecting cross-border links, such as the gap between Perpignan and Montpellier on the France-Spain rail axis, for example;
Amendment 78 #
2019/2191(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that a ten-fold increase in the deployment pace of ERTMS is urgently needed to achieve the digital transition of the European railway system, and for the ERTMS to be rolled out on the core network by 2030 and on the comprehensive network by 2040; calls on the Commission, in this regard, to maintain and reinforce the binding nature of the targets in its revisions of the Trans- European Network Transport Programme (TEN-T) guidelines, the ERTMS European Deployment Plans (EDPs) and the CCS Technical Specifications for Interoperability (TSIs);
Amendment 96 #
2019/2191(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to come up with a gradual decommissioning strategy for Class B systems with regulatoryflexible deadlines to be set at EU levelin consultation with all stakeholders in the Member States; believes that the effectiveness of this strategy depends on the consent and the involvement of the actors concerned;
Amendment 101 #
2019/2191(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission, moreover, to introduce a regulatory provision to ensure that the ERTMS NIPs are legally aligned with the binding ERTMS deployment targets set in EU legislation;deleted
Amendment 283 #
2019/2129(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Is concerned about the reduced pressure on Member States to make structural reforms and the lack of CSR implementation, calling on the ECB to apply pressure to revert this situation;
Amendment 10 #
2019/0101(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The type-approval requirements relating to emissions from motor vehicles have been gradually and significantly tightened through the introduction and subsequent revision of Euro standards. While vehicles in general have delivered substantial emission reductions across the range of regulated pollutants, this was not the case for NOx emissions from diesel engines or particles for gasoline direct injection engines, installed in particular in light-duty vehicles. Actions to correct this situation are therefore needed; however, taking into account the differences in NOx emission parameters relating to conditions of use, a distinction should be made between light commercial vehicles and passenger cars and measures should be taken in line with driving conditions and the use to which the vehicles are put.
Amendment 28 #
2019/0101(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to allow manufacturers to comply with the Euro 6 emission limits in the context of RDE test procedure, the compliance criteria for RDE should be introduced in two steps. During the first step, upon the request of the manufacturer, a temporary conformity factor should apply, while as a second step only the final conformity factor should be used. The Commission should keep under review the final conformity factors in light of technical progress, bearing in mind the actual conditions of vehicle use.
Amendment 121 #
2013/0186(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The application of this Regulation shall be without prejudice to Member States' sovereignty over their airspace and to the requirements of the Member States relating to public order, public security and defence matters, as set out in Article 44. This Regulation does not cover military operations and training, whereas coordination with military authorities shall be ensured to identify and address potential impacts of the application of this regulation on those activities.
Amendment 166 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Without prejudice to paragraph 1, the national supervisory authorities shall be legfunctionally distinct and independent from any other public or private entity in terms of their organisation, functioning, legal structure and decision- making.
Amendment 179 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States may set up national supervisory authorities which are competent for several regulated sectors, if those integrated regulatory authorities fulfil the independence requirements set out in this Article. The national supervisory authority may also be joined in respect of its organisational structure with the national competent authority and national competition authority referred to in Article 11 of Council Regulation (EC) No 1/200338 , if the joint body fulfils the independence requirements set out in this Article. __________________ 38Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1).
Amendment 194 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 6 – introductory part
Article 3 – paragraph 6 – introductory part
6. In addition to the requirements set out in paragraph 5, persons in charge of strategic decisions shall be appointed by an entity of the Member State concerned which does not directly exert ownership rights over air navigation service providersthrough a clear and transparent procedure. Member States shall decide whether these persons are appointed for a fixed and renewable term, or on a permanent basis which only allows dismissal for reasons not related to their decision-making. Persons in charge of strategic decisions shall not seek or take instructions from any government or other public or private entity when carrying out their functions for the national supervisory authority and shall have full authority over the recruitment and management of its staff.
Amendment 198 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1
Article 3 – paragraph 6 – subparagraph 1
They shall refrain from any direct or indirect interest that may be considered prejudicial to their independence and which may influence the performance of their functions. To that effect, they shall make an annual declaration of commitment and declaration of interests indicating any direct or indirect interests.
Amendment 206 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 2
Article 3 – paragraph 6 – subparagraph 2
Persons in charge of strategic decisions, audits or other functions directly linked to performance targets or oversight of air navigation service providers, shall not hold any professional position or responsibility with any air navigation service provider after their term in the national supervisory authority, for at least a period of two period to be defined by Member States of at least one years.
Amendment 215 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 10
Article 3 – paragraph 10
Amendment 229 #
2013/0186(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
Amendment 279 #
2013/0186(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Amendment 284 #
2013/0186(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. In order to avoid unnecessary administrative burden for small organisations, certain air navigation service providers may be exempted from the requirement provided for by paragraph 1 of this Article. Detailed rules shall be adopted in accordance with the examination procedure referred to in Article 37 (3).
Amendment 285 #
2013/0186(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 315 #
2013/0186(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 319 #
2013/0186(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 324 #
2013/0186(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall have discretionary powers in choosing an air traffic provider and shall specify the rights and obligations to be met by the air traffic service providers , designated individually or jointly. The obligations shall include conditions for making available relevant data enabling all aircraft movements to be identified in the airspace under their responsibility.
Amendment 348 #
2013/0186(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Where this enables cost-efficiency gains to the benefit of airspace users, Member States shallmay allow airport operators tothe procurement of terminal air traffic services for aerodrome control and approach control under market conditions.
Amendment 353 #
2013/0186(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 372 #
2013/0186(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall take all necessary measures to ensure that the provision of en route air traffic services is separated in terms of organisationfunctionally separated from the provision of CNS, AIS, ADS, MET and terminal air traffic services and that the requirement concerning the separation of accounts referred to in Article 25(3) is respected.
Amendment 376 #
2013/0186(COD)
Proposal for a regulation
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
Amendment 378 #
2013/0186(COD)
Proposal for a regulation
Article 8 – paragraph 4 – point c
Article 8 – paragraph 4 – point c
Amendment 417 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
The Commission may add additional key performance areas for performance target setting or monitoring purposes, where necessary to improve performance, in accordance with the examination procedure referred to in Article 37(3) and on the basis of an impact assessment.
Amendment 433 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point h
Article 10 – paragraph 3 – point h
(h) balanced and symmetrical incentive schemes including for financial bonus and disincentives applicable whethere an air traffic service provider achieves a performance exceeding binding targets or whether it does not comply with the relevant binding performance targets during the reference period or where it has not implemented the relevant common projects referred to in Article 35. SuchThe financial disincentives shall in particular take account of the deterioration in the level of service quality provided by that provider, as a result of not complying with the performance targets or not implementing the common projects, and the impact thereof on the network;
Amendment 442 #
2013/0186(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall adopt the Union-wide performance targets for en route air navigation services and for terminal air navigation services in the key performance areas of environment, capacity and cost-efficiency for each reference period, in accordance with the advisoryexamination procedure referred to in Article 37(23) and with paragraphs 2 to 3 of this Article. In conjunction with the Union- wide performance targets, the Commission may define complementary baseline values, breakdown values or benchmark groups, for the purpose of enabling the assessment and approval of draft performance plans in accordance with the criteria referred to in Article 13(3). .
Amendment 446 #
2013/0186(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) they shall drive gradual, continuous improvementsevolution in respect of the operational and economic performance of air navigation services;
Amendment 450 #
2013/0186(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. For the purposes of preparing its decisions on Union-wide performance targets, the Commission shall collect any necessary input from stakeholders and from the relevant national regulators (national supervisory authorities and national competent authorities). Upon request of the Commission, the Agency acting as PRB shall provide assistance to the Commission for the analysis and preparation of those decisions, by way of an opinion.
Amendment 453 #
2013/0186(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. In case of justified circumstances occurred during the reference period, Member States may modify the notification referred to in paragraph 1.
Amendment 455 #
2013/0186(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 458 #
2013/0186(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 460 #
2013/0186(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The designated air traffic service providers concerned shall base their draft performance plans for en route and terminal air navigation services on the classifications the Commission has founreferred to be in compliance with the criteria set out in points (28) and (55) of Article 2paragraph 1. The Agency acting as PRB shall base itself on those same classifications when assessing the allocation of costs between en route and terminal air navigation services under Article 13(3).
Amendment 466 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. The designated air traffic service providers for en route air traffic servicesnational supervisory authority shall, for each reference period, adopt draftthe performance plans drafted by air traffic service providers in respect of all the en route air navigation services which they provide and, where applicable, procure from other providers.
Amendment 472 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
The draft performance plans shall be adopted after the setting of Union-wide performance targets and before the start of the reference period concerned. They shall contain performance targets for en route air navigation services in the key performance areas of the environment, capacity and cost-efficiency, consistent with the Union- wide performance targets. Those draft performance plans shall take account of the European ATM Master Plan. The draft performance plans shall be made publicly available.
Amendment 474 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The draft performance plans for en route air navigation services referred to in paragraph 1 shall include relevant information provided by the Network Manager. Before adopting those draft plans, designated air traffic service providernational supervisory authorities shall consult airspace users’ representatives and, where relevant, military authorities, airport operators and airport coordinators. The designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification, which shall verify the compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof.
Amendment 486 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 – introductory part
Article 13 – paragraph 3 – subparagraph 1 – introductory part
Consistency of performance targets for en route air navigation service with Union- wide performance targets shall be established according to at least one of the following criteria:
Amendment 490 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 – point b
Article 13 – paragraph 3 – subparagraph 1 – point b
(b) evaluation of performance improvements over time, for the reference period covered by the performance plan, and additionallyor for the overall period comprising both the preceding reference period and the reference period covered by the performance plan;
Amendment 500 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The allocation of costs between en route and terminal air navigation services shall be assessed by the Agency acting as PRB on the basis of the methodology referred to in Article 10(3)(k) and the classification of the different services as assessed by the Commission pursuant to Article 12.
Amendment 501 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The draft performance plans for en route air navigation services referred to in paragraph 1, including where relevant the allocation of costs between en route and terminal air navigation services, shall be submitted to the Agency acting as PRB to assess the compliance with the Performance and Charging Schemes and the consistency with EU targets and to the national supervisory authority for assessment and approval.
Amendment 511 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
Article 13 – paragraph 6 – subparagraph 2
Where the Agency acting as PRB finds that the allocation of costs complies with that methodology and with that classification, it shall take a decision to that effect, notifying the designated air traffic service provider and national supervisory authority concerned. The national supervisory authority shall be bound by the conclusions of that decision in respect of the allocation of costs for the purposes of the assessment of the draft performance plan for terminal air navigation services referred to in Article 14ensure the compliance to the conclusions of that decision.
Amendment 518 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 7 – introductory part
Article 13 – paragraph 7 – introductory part
7. The Agency acting as PRB shall assess the performance targets for en route air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3. Where paragraph 6 applies, this assessment shall take place after a decision on the allocation of costs has been taken in accordance with the fourth subparagraph of paragraph 6the Agency acting as PRB finds that the draft performance plan meets those criteria and conditions, it shall notify it to the national supervisory authority.
Amendment 525 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 7 – subparagraph 2
Article 13 – paragraph 7 – subparagraph 2
Where the Agency acting as PRB finds that one or several performance targets for en route air navigation services are not consistent with the Union-wide performance targets or the performance plan does not meet the additional conditions set out in paragraph 3, it shall dennotify the approvalnational supervisory authority.
Amendment 528 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. Where the Agency acting as PRB has denied approvalissued a negative assessment of a draft performance plan in accordance with paragraph 7, a revised draft performance plan shall be presented by the designated air traffic service provider concerned, including where necessary revised targets.
Amendment 534 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 9 – introductory part
Article 13 – paragraph 9 – introductory part
9. The Agency acting as PRB shall assess the revised draft performance plan referred to in paragraph 8 in accordance with the criteria and conditions set out in paragraph 3. Where a revised draft performance plan meets those criteria and conditions, the Agency acting as PRB shall approve notify the national supervisory authority.
Amendment 537 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 1
Article 13 – paragraph 9 – subparagraph 1
Where a revised draft performance plan does not meet those criteria and conditions, the Agency acting as PRB shall deny its approval and shall require the designated air traffic service provider to present a final draft performance plan.
Amendment 542 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 2
Article 13 – paragraph 9 – subparagraph 2
Where the revised draft performance plan submitted in accordance with paragraph 8 is denied because it contains performance targets for en route air navigation services that are not consistent with the Union-wide performance targets, the Agency acting as PRB shall establish performance targets in consistency with the Union-wide performance targets for the designated air traffic service provider concerned, taking into account the findings made in the decision referred to in paragraph 7. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the Agency acting as PRBnational supervisory authority, as well as the measures to achieve those targets.
Amendment 546 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 3
Article 13 – paragraph 9 – subparagraph 3
Where approvalthe assessment of the revised draft performance plan submitted in accordance with paragraph 8 is deniednegative only because it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets contained in the draft performance plan and found to be consistent with the Union-wide performance targets by the Agency acting as PRB, and shall contain the amendments necessary in view of the conditions the Agency acting as PRB has found not being met.
Amendment 550 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 4
Article 13 – paragraph 9 – subparagraph 4
Where approvalthe assessment of the revised draft performance plan submitted in accordance with paragraph 8 is deniednegative because it contains performance targets for en route air navigation services that are not consistent with the Union-wide performance targets and because, in addition, it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the Agency acting as PRBnational supervisory authority in accordance with the third subparagraph and the measures to achieve those targets and shall contain the amendments necessary in view of the conditions the Agency acting as PRB has found not being met.
Amendment 552 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 10
Article 13 – paragraph 10
10. Draft performance plans approved by the national supervisory authority and assessed by the Agency acting as PRB shall be adopted by the designated air traffic service providers concerned as definitive plans, and shall be made publicly available.
Amendment 569 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 11 – subparagraph 1
Article 13 – paragraph 11 – subparagraph 1
The designated air traffic service provider shall provide the information and data necessary for the monitoring of the performance of air navigation services. This shall include information and data related to actual costs and revenues. Where performance targets are not reached or the performance plan is not correctly implemented, the Agency acting as PRB shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. These corrective measures may include, where objectively necessary, a requirement for an air traffic service provi, after consultation with the Network Manager, the Member States and the operational stakeholders to delegate the provision of the relevant services to another air traffic service providerhrough the Cooperative Decision Making (CDM) process. Where the performance targets continue to be missed, or where the performance plan continues to be incorrectly implemented or where corrective measures imposed are not or not properly applied, the Agency acting as PRB shall conduct an investigation and provide an opinion to the Commission in accordance with Article 24(2). The Commission may take action in accordance with Article 24(3).
Amendment 574 #
2013/0186(COD)
Proposal for a regulation
Article 14 – title
Article 14 – title
Performance plans and performance targets for terminal air navigation services of designated air traffic service providers
Amendment 577 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
The draft performance plans shall be adopted after the setting of Union-wide performance targets and before the start of the reference period concerned. They shall contain performance targets for terminal air navigation services in the key performance areas of environment, capacity and cost- efficiency, consistent with the Union-wide performance targets. Those draft performance plans shall take account of the European ATM Master Plan. The draft performance plans shall be made publicly available.
Amendment 581 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The draft performance plans for terminal air navigation services referred to in paragraph 1 shall include relevant information provided by the Network Manager. Before adopting those draft plans, designated air traffic service providers shall consult airspace users’ representatives and, where relevant, military authorities, airport operators and airport coordinators. The designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification, which shall verify the compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereofsupervisory authority.
Amendment 586 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. Draft performance plans for terminal air navigation services shall contain performance targets for terminal air navigation services that are consistent with the respective Union-wide performance targets in all key performance areas and fulfil the additional conditions laid down in the third subparagraph.
Amendment 592 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – introductory part
Article 14 – paragraph 3 – subparagraph 1 – introductory part
Consistency of performance targets for terminal air navigation service with Union- wide performance targets shall be established according to at least one of the following criteria:
Amendment 612 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 6 – subparagraph 2
Article 14 – paragraph 6 – subparagraph 2
Where the national supervisory authority finds that one or several performance targets for terminal air navigation services are not consistent with the Union-wide performance targets or the performance plan does not meet the additional conditions set out in paragraph 3, it shall deny the approval.
Amendment 617 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 2
Article 14 – paragraph 8 – subparagraph 2
Where the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are not consistent with the Union-wide performance targetsconditions set out in paragraph 3, the national supervisory authority shall establish performance targets in consistency with the Union-wide performance targets for the designated air traffic service provider concerned, taking into account the findings made in the decision referred to in paragraph 6. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the national supervisory authority as well as the measures to achieve those targets.
Amendment 622 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 3
Article 14 – paragraph 8 – subparagraph 3
Amendment 627 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 4
Article 14 – paragraph 8 – subparagraph 4
Where approval of the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are not consistent with the Union-wide performance targets and because, in addition, it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the national supervisory authority in accordance with the third subparagraph and the measures to achieve those targets and shall contain the amendments necessary in view of the conditions the national supervisory authority has found not being met.
Amendment 637 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 10 – subparagraph 2
Article 14 – paragraph 10 – subparagraph 2
Where performance targets are not reached or the performance plan is not correctly implemented, the national supervisory authority shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. These corrective measures may include, where objectively necessary, a requirement for an air traffic service provider to delegate the provision of the relevant services to another air traffic service provider. Where the performance targets continue to be missed, or where the performance plan continues to be incorrectly implemented, or where corrective measures imposed are not or not properly applied, the national supervisory authority shallmay request the Agency acting as PRB to conduct an investigation in accordance with Article 24(2), and the Commission may take action in accordance with Article 24(3).
Amendment 645 #
2013/0186(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 655 #
2013/0186(COD)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The Network Manager shall, for each reference period, draw up a draft Network Performance Plan in respect of all the network functions which it deliversupports.
Amendment 666 #
2013/0186(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The Agency acting as PRB as regards en route air navigation services, or the national supervisory authority concerned as regards terminal air navigation services, shall authorise the designated air traffic service provider concerned to proceed with the intended revision only if it is necessary and proportionate, and where the revised performance targets ensure that consistency with the Union-wide performance targets is maintained. Where the revision has been authorised, designated air traffic service providers shall adopt new draft performance plans, in accordance with the procedures set out in Articles 13 and 14.
Amendment 673 #
2013/0186(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
For the implementation of the performance scheme, the Commission shall adopt detailed requirements and procedures in respect of Articles 10(3), 11, 12, 13, 14, 15, 16 as well as 17, in particular as regards the development of draft performance plans, the setting of performance targets, the criteria and conditions for their assessment, the methodology for allocation of costs between en route and terminal air navigation services, the monitoring of performance and issuance of corrective measures, and the timetables for all procedures. Those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisoryexamination procedure referred to in Article 37(23).
Amendment 674 #
2013/0186(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Without prejudice to the possibility for Member States to finance the provision of air traffic services covered in this Article through public funds, charges for air navigation services shall be determined, imposed and enforced on airspace users. With respect to route charges, the charging scheme shall be consistent with the Eurocontrol Route Charges System.
Amendment 689 #
2013/0186(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Financial data on determined costs, actual costs and revenues of designated air traffic service providers shall be reported to national supervisory authorities, Eurocontrol and the Agency acting as PRB and shall be made publicly available.
Amendment 691 #
2013/0186(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point a
Article 20 – paragraph 3 – point a
Amendment 699 #
2013/0186(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. other costs incurred by the Member States in relation to the provision of air navigation services such as the costs stemming from international agreements, if such costs are not covered by other financial resources.
Amendment 704 #
2013/0186(COD)
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
6. Designated air traffic service providers shall provide details of their cost base to the Agency acting as PRB, the national supervisory authorities, Eurocontrol and the Commission. To this end, costs shall be broken down in line with the separation of accounts referred to in Article 25(3), and by distinguishing staff costs, operating costs other than staff costs, depreciation costs, cost of capital, costs incurred for fees and charges paid to the Agency acting as PRB, and exceptional costs.
Amendment 709 #
2013/0186(COD)
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. Unit rates shall be set by the national supervisory authorities, after verification by the Agency acting as PRB that they comply with Article 19, Article 20 and with this Article. Where the Agency acting as PRB finds that a unit rate does not fulfill those requirements, the unit rate shall be reviewed accordingly by the national supervisory authority concerned. Where a unit rate continues to not fulfill those requirements, the Agency acting as PRB shall conduct an investigation and provide an opinion to the Commission in accordance with Article 24(2), and the Commission may take action in accordance with Article 24(3).
Amendment 717 #
2013/0186(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
For charging purposes, and when congestion causes significant network problems including deterioration of environmental performance, the Commission may define, by way of an Implementing Regulation adopted in accordance with the examination procedure referred to in Article 37(3), a common unit rate for en route air navigation services across the Single European Sky airspace, and detailed rules and procedures for its application. The common unit rate referred to in the first subparagraph shall be calculated on the basis of a weighted average of the different unit rates of the air navigation service providers concerned. The proceeds of the common unit rate shall be reallocated so as to achieve revenue neutrality for those air traffic service providers concerned.
Amendment 719 #
2013/0186(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Charges shallmay be levied on airspace users for the provision of air navigation services,; if levied, this shall be under non- discriminatory conditions, taking into account the relative productive capacities of the different aircraft types concerned. When imposing charges on different airspace users for the use of the same service, no distinction shall be made in relation to the nationality or category of the user.
Amendment 723 #
2013/0186(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The charge for en route air navigation services for a given flight in a given en route charging zone shall be calculated on the basis of the unit rate established for that en route charging zone and the en route service units for that flight. The charge shall be made out of one or more variable components, each based on objective factors.
Amendment 728 #
2013/0186(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The charge for terminal air navigation services for a given flight in a given terminal charging zone shall be calculated on the basis of the unit rate established for that terminal charging zone and the terminal service units for that flight. For the purpose of calculating the charge for terminal air navigation services, the approach and departure of a flight shall count as a single flight. The charge shall be made out of one or more variable components, each based on objective factors.
Amendment 739 #
2013/0186(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Charges shallmay be modulated to encourage air navigation service providers, airports and airspace users to support improvements in environmental performance, or service quality such as increased use of sustainable alternative fuels, increased capacity, reduced delays and sustainable development, while maintaining an optimum safety level, in particular for implementing the European ATM Master Plan. The modulation shall consist of financial advantages or disadvantages and shall be revenue neutral for air traffic service providers.
Amendment 745 #
2013/0186(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
For the implementation of the charging scheme, the Commission shallmay adopt detailed requirements and procedures in respect of Articles 19, 20, 21 and 22 in particular regarding the cost bases and determined costs, the setting of unit rates, the incentives schemes and risk sharing mechanisms and the modulation of charges. Those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisory procedure referred to in Article 37(2).
Amendment 756 #
2013/0186(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. At the request of one or more Member States, of a national supervisory authority or of the Commission, the Agency acting as PRB shall carry out an investigation into any allegation of non- compliance as referred to in paragraph 1. Where it has indications of such non- compliance, the Agency acting as PRB may initiate an investigation on its own initiative. It shall conclude the investigation within four months of receipt of a request, after having heard the Member State, the national supervisory authority concerned and the designated air traffic service provider concerned. Without prejudice to Article 41(1), the Agency acting as PRB shall share the results of the investigation with the Member States concerned, the air traffic service providers concerned and the Commission. Results of the investigation may be subject to appeal.
Amendment 768 #
2013/0186(COD)
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1
Article 25 – paragraph 3 – subparagraph 1
Amendment 779 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The air traffic management network functions shall aim at ensureing the sustainable and efficient use of the airspace and of scarce resources. They shall also ensure that airspace users can operate environmentally optimalised trajectories, while allowing maximum access to airspace and air navigation services and avoiding congestion. Those network functions , enumerated in paragraphs 2 and 3, shall support the achievement of the Union-wide performance targets and shall be based on operational requirements , respecting the separation of regulatory and operational tasks, without prejudice to Member States’ sovereignty over their airspace and to their responsibilities relating to public order, security and defence.
Amendment 788 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) the facilitation of the development of the design and management of the European airspace structures ;
Amendment 795 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point a
Article 26 – paragraph 3 – point a
(a) optimisation of airspace design for the network and facilitation of delegation of air traffic services provision, where decided by the Member States concerned, and support to the optimisation of airspace design for the network through co- operation with the air traffic service providers and Member State authorities;
Amendment 799 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) managementfacilitation of the delivery of air traffic control capacity in the network as set out in the binding Network Operations Plan (NOP) adopted in accordance with the Article 27(7);
Amendment 809 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point e
Article 26 – paragraph 3 – point e
(e) the management ofsupport to the planning, monitoring and coordination of implementation activities of the deployment of infrastructure in the European ATM network, in accordance with the European ATM Master Plan, through a partnership with the operational stakeholders and taking into account military and operational needs and associated operational procedures;
Amendment 816 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The functions listed in paragraphs 2 and 3 shall not involve the adoption of binding measures of a general scope or the exercise of political discretion. They shall be performed in coordination with civil and military authorities in accordance with agreed procedures concerning the flexible use of airspace.
Amendment 824 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. In order to achieve the objectives referred to in Article 26, the Commission, supported by the Agency where relevantin accordance with Regulation (EU) 2018/1139, shall ensure that the Network Manager contributes to the execution of the network functions set out in Article 26, by carrying out the tasks referred to in paragraph 4 .
Amendment 828 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The Commission mayshall appoint an impartial and competent body to carry out the tasks of the Network Manager . To this end, the Commission shall adopt an implementing act in accordance with the examination procedure referred to in Article 37(3). This appointment Decision shall include the terms and conditions of the appointment, including the financing of the Network Manager.
Amendment 831 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The tasks of the Network Manager shall be executed in an independent, impartial and cost efficient manner . They shall be subject to appropriate governance, which shall recognise separate accountabilities for service provision and regulation where the competent body designatany other activity performed asby the Network Manager also has regulatory functions. In the execution of its tasks, the Network Manager shall take into consideration the needs of the whole ATM network and shall fully involve the airspace users, air navigation service providers , aerodrome operators and the military.
Amendment 837 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The Network Manager shall contribute to the execution of the network functions through support measures aimed at safe and efficient planning and operations of the network under normal and network crisis conditions and through measures aimed at the continuous improvement of network operations in the Single European Sky and the overall performance of the network, especially regarding the implementation of the performance scheme. The action taken by the Network Manager shall take account of the need to fully integrate the airports in the network.
Amendment 842 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 6 – introductory part
Article 27 – paragraph 6 – introductory part
6. The Network Manager, in coordination with the operational stakeholders that contribute to the Network Operations Plan through the appropriate CDM, shall:
Amendment 848 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 6 – point a
Article 27 – paragraph 6 – point a
(a) decide on individuremedial measures to support the implementation of the network functions and to support the effective implementation of the binding Network Operations Plan and the achievement of the binding performance targetreakdown values;
Amendment 858 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 7
Article 27 – paragraph 7
7. The Network Manager shall take decisions through a cooperative decision- making process. Parties to the cooperative decision-making process shall act to the maximum extent possible with a view to improving the functioning and performance of the network. The cooperative decision-making process shall promote the interest of the network, while seeking consensus of Member States.
Amendment 862 #
2013/0186(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
The air traffic service providers shall establish consultation mechanisms to consult the relevant airspace users and aerodrome operators on all major issues related to services provided, including relevant changes to airspace configurations, or strategic investments which have a relevant impact on air traffic management and air navigation service provision and/or charges. The airspace users shall also be involved in the process of approving strategic investment plans. The Commission shall adopt measures detailing the modalities of the consultation and of the involvement of airspace users in approving investment plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37 (3).
Amendment 873 #
2013/0186(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. With regard to general air traffic, relevant operational data shall be made available in real-time, on a non- discriminatory basis and without prejudice to security or defence policy interests, by all air navigation service providers, airspace users, airports, and the Network Manager, including on cross-border basis and on a Union-wide basis. Such availability shall be to the benefit of certified or declared air navigation service providers, military air traffic service providers, entities having a proven interest in considering the provision of air navigation services, airspace users and airports as well as the Network Manager. The data shall be used only for operational purposes.
Amendment 908 #
2013/0186(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Without prejudice to the obligation of Member States under International Agreements, Member States, national supervisory authorities, the Agency whether or not it is acting as PRB and the Network Manager shall establish consultation mechanisms for appropriate consultation of stakeholders for the exercise of their tasks in the implementation of this Regulation.