BETA

1637 Amendments of Raphaël GLUCKSMANN

Amendment 17 #

2023/2127(INI)

Motion for a resolution
Citation 8 a (new)
– having regard to its report of 8 February 2022 on foreign interference in all democratic processes in the European Union, including disinformation,
2023/10/09
Committee: AFET
Amendment 22 #

2023/2127(INI)

Motion for a resolution
Citation 8 b (new)
– having regard to the report of the Special Committee on foreign interference in all democratic processes in the European Union, including disinformation, and the strengthening of integrity, transparency and accountability in the European Parliament (ING2),
2023/10/09
Committee: AFET
Amendment 27 #

2023/2127(INI)

Motion for a resolution
Citation 8 c (new)
– having regard to its resolution of 9 June 2022 on the Human Rights situation in Xinjiang, including the Xinjiang police files,
2023/10/09
Committee: AFET
Amendment 75 #

2023/2127(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the promotion and protection of human rights, democracy and the rule of law should remain at the centre of the relationship between the EU and China, in line with the EU’s commitment to upholding these fundamental principles in all areas of its external action;
2023/10/09
Committee: AFET
Amendment 84 #

2023/2127(INI)

Motion for a resolution
Recital D
D. whereas China is changing and moving into a new era of security and control characterised by an increasingly assertive economic and foreign policy, attempts to change the international rules- based order and increasingly oppressive domestic policies;
2023/10/09
Committee: AFET
Amendment 90 #

2023/2127(INI)

Motion for a resolution
Recital D a (new)
Da. whereas domestically, the Chinese government is implementing increasingly oppressive domestic policies, repressing any form of dissent, cracking-down on all civil and political freedoms and targeting particularly harshly ethnic and religious minorities, such as Tibetans and Uyghur population, attempting to eradicate their identity through torture, forced sterilization, enforced disappearance, and implementing a massive campaign and systemic forced labour scheme against the Uyghurs;
2023/10/09
Committee: AFET
Amendment 188 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point c
(c) maintain diplomatic stabilityengagement while increasing the EU’s assertiveness towards China in order to assume its responsibility as a member of the UN Security Council to pressure Russia into stopping its illegal war of aggression against Ukraine and refraining from delivering any military aid and from facilitating the circumvention of EU sanctions against Russia;
2023/10/09
Committee: AFET
Amendment 231 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point f a (new)
(fa) address the risks created by China’s acquisition of critical infrastructures in the Members States, in the Western Balkans and in the EU neighbourhood;
2023/10/09
Committee: AFET
Amendment 232 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point f b (new)
(fb) urge China to make concessions to address the management and the restructuration of the debt of the countries of the Global South; as a response should reinforce Global Gateway with proper and appropriate funding, should better involve and take into account priorities of the partner countries when identifying projects and should ensure a proper oversight and parliamentary scrutiny mechanism;
2023/10/09
Committee: AFET
Amendment 245 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point g a (new)
(ga) develop an ambitious, holistic and results-oriented EU strategy for Human Rights in China articulating the use of all areas and instruments of EU external action and setting concrete goals such as the closure of detention camps in Xinjiang, the end of the persecution of ethnic and religious minorities and human rights defenders and the abolition of death penalty;
2023/10/09
Committee: AFET
Amendment 255 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point h
(h) ensure a unified European approach when China uses its economic leverage to silence opposition against its human rights abuses; intensify and include Members of the European Parliament in the Human Rights Dialogue with China and work towards a united approach and facilitate best practices on cultural and academic cooperation with China whilein order to preventing undue influence from Chinese sources of finance, espionage, the thefts of scientific knowledge and exercise of strict control, by China, over topics related to China in the field of research and teaching;
2023/10/09
Committee: AFET
Amendment 264 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point h a (new)
(ha) reiterates its position that the credible evidence about birth prevention measures and the separation of Uyghur children from their families amount to crimes against humanity and represent a serious risk of genocide;
2023/10/09
Committee: AFET
Amendment 282 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point i a (new)
(ia) welcome the European Commission proposal for a regulation to prohibit products made using forced labour, including child labour, on the internal market of European Union; urge the EU co-legislators to speed up the process to come to an agreement as a matter of urgency and before the end of the parliamentary term;
2023/10/09
Committee: AFET
Amendment 308 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point k
(k) show solidarity with civil society in China and Hong Kong and, speed up the implementation of the EuropeanU Global human rights framework with Magnitsky-style sanctions regime in close collaboration with international partners, including the freezing of foreign assets and visa restrictions against thoseand ensure the swift adoption of additional sanctions targeting high- ranking Chinese officials involved in human rights abuses, including political decision makers in Hong Kong;
2023/10/09
Committee: AFET
Amendment 316 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point l
(l) identify and close down any avenues that currently facilitate transnational repression efforts by the People’s Republic of China (PRC), including in the European Union and in particular those targeting diaspora communities through the Chinese overseas police service stations, in cooperation and coordination with like- minded partners;
2023/10/09
Committee: AFET
Amendment 317 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point l a (new)
(la) actively work to counteract foreign interference and implement the recommendations and suggested initiatives referred to in the different resolutions and reports of the European Parliament related to foreign interference in all democratic processes in the European Union, including disinformation;
2023/10/09
Committee: AFET
Amendment 326 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point n
(n) condemn attempts by the Chinese authorities to target Hong Kong diaspora communities within the EU and call on Member States to suspend extradition treaties with the PRC and Hong Kong, through the Chinese overseas police service stations in the EU which should unconditionally be closed down, and call on Member States to suspend extradition treaties with the PRC and Hong Kong and to protect individuals who are harassed and persecuted in the EU and those at risk of extradition;
2023/10/09
Committee: AFET
Amendment 335 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point n a (new)
(na) urge the EU and the Member States to actively engage and offer assistance and support to human rights and democracy activists in China; denounce that China’s responses to protests and forms of political public demonstrations go against with international human rights standards and its obligations under international human rights law;
2023/10/09
Committee: AFET
Amendment 385 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point r
(r) swiftly implement, in this context, the European Economic Security Strategy to foster economic resilience and make better use of our existing trade instruments to minimise the detrimental effects of de- risking on the European economy, deter China’s unfair practices, and to ensure close alignment with like-minded partners around the world, such as our transatlantic partners and partners in Southeast Asia;
2023/10/09
Committee: AFET
Amendment 400 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point s
(s) work towards a more coordinated approach and response towards the protection of critical infrastructure at EU level and call on the EU Institutions to terminate any research funding to Chinese companies active in the areas of critical and strategic importance for the EU;
2023/10/09
Committee: AFET
Amendment 402 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point s a (new)
(sa) urge the European Commission to come up before the end of the parliamentary term with a detailed analysis of the risks regarding the semiconductors, quantum computing, blockchain, space, AI or biotechnologies and the possible need of EU action in these fields; further urge the Commission to continuously monitor the risks concerning Chinese-state-subsidised investment in EU critical infrastructure, and step up cooperation with Member States to raise awareness hereof, and effectively mitigate these risks;
2023/10/09
Committee: AFET
Amendment 429 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point v
(v) revisit the EU’s engagement policy with Taiwan, engage further with Taiwan on sectoral areas of shared interest and continue supporting democracy there together with like-minded partners; call on the Commission to open a scoping exercise and an impact assessment for a bilateral investment agreement with Taiwan; encourage further exchanges between Parliament and its Taiwanese counterparts in this context;
2023/10/09
Committee: AFET
Amendment 439 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point w
(w) ensure that the status quo in the Taiwan Strait is not changed by means of force or coercionshould condemn China’s confrontational attitude towards Taiwan and strive for the status quo in the Taiwan Strait, denouncing any unilateral use of threat or force or any unilateral change to this status quo, which would have massive and global repercussions. A change of the status quo in the Taiwan Strait must only take place by peaceful means and with mutual consent, by supporting initiatives aimed at promoting peaceful resolution, dialogue, cooperation and confidence- building between the two sides; prepare a scenario-based strategy for tackling potential security challenges in the Taiwan Strait; support any reinforced EU policy of deterrence vis-à-vis China in view of maintaining peace and stability across the Taiwan Strait and in the Region, and more largely in the East and South China Seas;
2023/10/09
Committee: AFET
Amendment 454 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point x
(x) establish a ‘Far-East StratCom Task Force’ as part of the European External Action Service, to be tasked with identifying, monitoring and countering disinformation efforts and nation-specific actions by China, information manipulation efforts, interference and nation-specific actions by China; strengthen expertise and language capacity with regard to China in the EEAS, in Member States and in the EU institutions in general to make use of open-source intelligence;
2023/10/09
Committee: AFET
Amendment 75 #

2023/2119(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the European Union is facing the most diverse range of threats since its creation, accentuated by Russia’s unprovoked, unjustified and illegal war of aggression against Ukraine, the rise of multipolarity and opposition to the established rules-based order, and the development of new kinds of threats and technologies across domains; whereas in response to these threats the EU urgently needs to enhance the effectiveness of its foreign, security and defence policy to defend its interests, values and citizens, both within and outside its borders, and first and foremost in its neighbourhood, to deliver peace, human security, sustainable development and democracy, and to support its partners;
2023/10/02
Committee: AFET
Amendment 92 #

2023/2119(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas the rise in use of hybrid attacks and threats, as demonstrated by Russia’s activities the EU, in Ukraine, in Africa and elsewhere necessitate the development of comprehensive instruments to detect, prevent and react to such incidents and protect the Union’s citizens and assets, through transforming traditional military capacities, improving the security of critical infrastructure, countering foreign information manipulation and interference (FIMI) and further developing a common high level of cybersecurity; whereas China has also demonstrated increased use of hybrid tools aimed at undermining the stability of the EU;
2023/10/02
Committee: AFET
Amendment 99 #

2023/2119(INI)

Motion for a resolution
Recital B c (new)
Bc. whereas in 2023 the Parliament and the Council concluded agreements on the European defence industry reinforcement through common procurement act (EDIRPA) and the Act in Support of Ammunition Production (ASAP) which aim to encourage the joint procurement of defence products, ramp up the European defence industry’s production capacity, replenish depleted stocks and reduce fragmentation in the defence-procurement sector; whereas further initiatives are needed to establish genuine European defence integration, including a European Defence Investment Program (EDIP);
2023/10/02
Committee: AFET
Amendment 110 #

2023/2119(INI)

Motion for a resolution
Recital B d (new)
Bd. whereas building capabilities and adapting them to military needs requires a common strategic culture, threat perception and solutions to be developed and combined in doctrine and concepts;
2023/10/02
Committee: AFET
Amendment 115 #

2023/2119(INI)

Motion for a resolution
Recital B e (new)
Be. whereas maximising the EU’s and Member States’ defence capabilities requires smarter spending and greater joint procurement;
2023/10/02
Committee: AFET
Amendment 119 #

2023/2119(INI)

Motion for a resolution
Recital B f (new)
Bf. whereas the EU’s integrated approach to external conflicts and crises provides for a coherent use of the EU’s different capacities, within which its security and defence policy should complement and be complemented by other civilian tools to contribute to human security and sustainable peace in Europe and the wider world;
2023/10/02
Committee: AFET
Amendment 127 #

2023/2119(INI)

Motion for a resolution
Recital B g (new)
Bg. whereas the Eastern Neighbourhood and the Western Balkans face increasingly diverse threats to their security and stability and required increased cooperation with the EU in the field of security; whereas security in these regions is negatively affected by Russia’s war of aggression against Ukraine;
2023/10/02
Committee: AFET
Amendment 129 #

2023/2119(INI)

Motion for a resolution
Recital B h (new)
Bh. whereas the CSDP has 9 military missions and 13 civilian missions with over 4000 personnel; whereas CSDP missions and operations often lack rapid- decision making and suffer from excessive micro-management from the Council, as well as limited financial, logistical and human resources; whereas Member States are deploying less personnel to the missions and operations; whereas such obstacles limit the overall effectiveness of CSDP missions and operations; whereas one of the objectives of the Strategic Compass is to reinforce EU civilian and military CSDP missions and operations by providing them with more robust and flexible mandates, promoting rapid and more flexible decision-making processes and ensuring greater financial solidarity; whereas the Military Assistance Mission in support of Ukraine has demonstrated the positive impact CSDP missions and operations have with the necessary resources and contributions from Member States; whereas EU CSDP missions and operations are often targeted by hybrid threats, including FIMI campaigns, putting at risk their effectiveness in stabilising the country in which they are deployed;
2023/10/02
Committee: AFET
Amendment 132 #

2023/2119(INI)

Motion for a resolution
Recital B i (new)
Bi. whereas security and defence cooperation with partners and allies are crucial to the EU’s ambition to become an international security provider; whereas cooperation with UN, NATO, African Union, OSCE, ASEAN as well as numerous allies and like-minded partners such as the United States, the United Kingdom, Canada, Ukraine, Moldova, Japan, South Korea, Australia amongst others are crucial to the successful implementation of the CSDP;
2023/10/02
Committee: AFET
Amendment 136 #

2023/2119(INI)

Motion for a resolution
Recital B j (new)
Bj. whereas the Arctic region is becoming increasingly important for geopolitics, economic development and transport, while at the same time it is facing challenges linked to climate change, militarisation and migration;
2023/10/02
Committee: AFET
Amendment 137 #

2023/2119(INI)

Motion for a resolution
Recital B k (new)
Bk. whereas the Russian Federation makes use of private military companies (PMCs), such as the Wagner Group as part of a hybrid warfare toolbox to maintain plausible deniability while exerting influence in various regions and gaining access to natural resources and critical infrastructures; whereas Wagner Group has reportedly committed atrocities in Ukraine, Mali, Libya, Syria and the CAR; whereas it has reinforced anti- European sentiments, especially in countries with strong European presence or hosting CSDP missions;
2023/10/02
Committee: AFET
Amendment 140 #

2023/2119(INI)

Motion for a resolution
Recital B l (new)
Bl. whereas conflicts disproportionately affect women and girls and, among other things, intensify gender-based violence as also demonstrated by Russia’s unjustified war of aggression against Ukraine; whereas the participation of women in peacekeeping and military operations should be encouraged and strengthened;
2023/10/02
Committee: AFET
Amendment 167 #

2023/2119(INI)

Motion for a resolution
Paragraph 3
3. Stresses the importance of the European Peace Facility (EPF) which has supported the Ukrainian armed forces by financing and delivering military equipment and training, while providing coordination for all stakeholders through the Clearing House Mechanism hosted by the EU Military Staff; calls for the financial sustainability and durability of the EPF to be ensured in order to provide Ukraine and other EU partners around the world with the support they request; welcomes in this regard VP/HR Borrell’s proposal, building on Parliament’s previous call, for the creation of a 20 billion euros assistance fund within the EPF, dedicated to supporting the Ukrainian armed forces with up to 5 billion euros per year between 2023-2027, and calls on Member States to rapidly approve it; strongly condemns efforts made by Hungary to block recent attempts to top-up the EPF as well as the VP/HR’s proposal on the special assistance fund for Ukraine; emphasises that all military assistance and weapons deliveries by the EPF must fully comply with the EU Common Position on arms exports, international human rights law and humanitarian law, as well as providing adequate transparency and accountability;
2023/10/02
Committee: AFET
Amendment 179 #

2023/2119(INI)

Motion for a resolution
Paragraph 4
4. Welcomes the setting up of the Military Assistance Mission in support of Ukraine (EUMAM Ukraine) and its role in enhancing the military effectiveness of Ukraine’s armed forces so they can defend their territorial integrity within Ukraine’s internationally recognised borders and allow the country to effectively exercise its sovereignty and protection of civilians; congratulates the EEAS and Member States for the projected successful training of up to 30 000 troops before the end of 2023 and further calls on them to extend the number of trained troops beyond the original goal; stresses the importance of specific training modules aimed at developing the capacities of existing and future officers of the Ukrainian armed forces across all levels and in accordance with their needs; further welcomes the rapid conclusion of deliberations and strong participation by Member States in launching EUMAM Ukraine, which can be described as a template for future military training missions, and calls on them to demonstrate similar ambition and contributions to other current and future CSDP missions and operations;
2023/10/02
Committee: AFET
Amendment 194 #

2023/2119(INI)

Motion for a resolution
Paragraph 6
6. Underlines the EU’s concrete support to Ukraine through the ‘three ammunition tracks’; urges faster delivery of ammunition from Member States’ existing stocks through the EPF; calls for the joint procurement of ammunition for Ukraine to be sped up and stresses the need to ramp up the third track and ensure themanufacturing capacities of the European industry by ensuring rapid and effective implementation of the Act in Support of Ammunition Production; further stresses that concrete steps should be taken towards Ukraine’s integration in EU defence policies and programmes during the EU membership process, building on the existing agreement with the European Defence Agency (EDA) and as a beneficiary ofthe possibility for Member States to procure on behalf of Ukraine as a recipient of additional quantities within the European defence industry reinforcement through common procurement act (EDIRPA); calls on the European External Action Service to come forward with a plan for a sustainable and long-term package of security commitments for Ukraine;
2023/10/02
Committee: AFET
Amendment 217 #

2023/2119(INI)

Motion for a resolution
Paragraph 9
9. Underlines the commitment of the EU’s heads of state and government, made in the Versailles Declaration, to provide all the necessary support needed by Ukraine and to take greater responsibility for European security by bolstering European defence capabilities; calls on the EU and its Member States to deliver on this commitment by accelerating the full implementation of the Strategic Compass in order to make the European Union a stronger and more capable security provider; stresses that the Strategic Compass’ ambitious aims and milestones can only be achieved with corresponding political willingness and action on behalf of Member States and the EU institutions, as well as the necessary financial contributions where necessary;
2023/10/02
Committee: AFET
Amendment 241 #

2023/2119(INI)

Motion for a resolution
Paragraph 10
10. Reminds the Member States of their commitment to strengthening the mMilitary pPlanning and cConduct cCapacity (MPCC) and achieving full operational capability, including through the provision of adequate premises, staff, and reorganisation of the EU Military Staff; demands that its Full Operational Capability should be reached by 2025, as stated in the Strategic Compass, and despite Council conclusions of 19 November 2018, which envisaged a 2020 deadline; further demands that the MPCC’s staffing level should be increased considerably up to 250 personnel; emphasises the urgent need to establish the MPCC as the preferred command and control structure for EU military operations, in particular with regard to the use of the future Rapid Deployment Capability (RDC);
2023/10/02
Committee: AFET
Amendment 244 #

2023/2119(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Emphasises the importance of continuing to operationalise Article 42(7) TEU on mutual assistance and to clarify the coherence between this and Article 5 of the North Atlantic Treaty, considering that not all EU Member States are NATO members;
2023/10/02
Committee: AFET
Amendment 248 #

2023/2119(INI)

Motion for a resolution
Paragraph 11
11. Reiterates its full support for the rapid deployment capacity (EU RDC) with at least 5 000 troops available for crisis situations, such as rescue and evacuation tasks, initial entry and stabilisation operations or temporary reinforcement of missions; calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) to set Member States to take into account the practical modalities for implementing Article 44 TEU during the operationalisation of the EU RDC as well as in other CSDP operational engagements, as relevant, in order to allow a group of willing and able Member States to plan and conduct a mission or operation within the EU framework and, thereby, ensure the swift activation of the RDC; welcomes the first ever live exercise for the RDC, taking place in October 2023 in Spain and looks forward to further live exercises in the future aimed at improving its capabilities, increasing interoperability between Member States and effectively testing the utilisation of the RDC in various scenarios; calls on Member States and EEAS to ensure that such training and certification exercises are covered by the common costs mechanism to ensure adequate participation in the future;
2023/10/02
Committee: AFET
Amendment 280 #

2023/2119(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Strongly condemns the recent pre- planned and unjustified attack of Azerbaijan against Nagorno-Karabakh which further exacerbates the major humanitarian crisis caused by Azerbaijan’s blockade of the Lachin Corridor, in violation of Azerbaijan’s commitments under the trilateral statement of 9 November 2022 and the corresponding ceasefire and of the legally binding orders of the International Court of Justice; deplores the loss of life and forcible evacuation of citizens and calls on Azerbaijan to protect the lives and respect the rights of the Armenian population of Nagorno-Karabakh; criticizes the fact that Azerbaijan’s offensive seriously undermines the ongoing peace negotiations between Armenia and Azerbaijan and urges Azerbaijan to return to a constructive participation at the negotiating table; calls on the Council to reconsider the EU’s relations with Azerbaijan, and consider imposing sanctions against responsible Azerbaijani authorities; welcomes the efforts made by the European Union Mission to Armenia to provide real-time, on the ground information on the situation and effectively contribute to the peace negotiations through confidence building-measures and impartial observations and analysis of incidents along the Armenia-Azerbaijan border; calls on Azerbaijan to agree to have such a civilian mission on their side of the border, including allowing access to EUMA to the Lachin Corridor;
2023/10/02
Committee: AFET
Amendment 287 #

2023/2119(INI)

Motion for a resolution
Paragraph 12 e (new)
12e. Strongly condemns the illegal occupation of the Georgian regions of Abkhazia and Tskhinvali/South Ossetia by the Russian Federation and stresses that the Russian Federation continues its illegal occupation and effective control over the occupied territories of Georgia through its military presence, continued installation of barbed wire fences and other artificial barriers along the occupation line, frequent illegal detentions and kidnappings of Georgian citizens and other human rights violations on the ground; recalls on the Russian Federation to fulfil its international obligations under the EU-mediated Ceasefire Agreement of 12 August 2008, notably its obligation to withdraw all its military and security personnel from Georgia’s occupied territories and to allow the establishment of international security mechanisms therein, and to allow the EU Monitoring Mission (EUMM) unhindered access to the whole territory of Georgia pursuant to its mandate; reiterates its calls for the EU to continue to pursue its engagement for the peaceful resolution of the Russia-Georgia conflict by effectively using all the instruments available, including the Special Representative for the South Caucasus and the crisis in Georgia, the Geneva International Discussions, the Incident Prevention and Response Mechanisms, the EUMM, and its policy of non- recognition and engagement; welcomes EU’s assistance to Georgia under the EPF and calls on the EU to further engage in security cooperation with Georgia across the priority areas identified in the Strategic Compass, notably to in strengthening resilience of Georgia’s security sector in the area of crisis management, countering hybrid threats and upgrading defence capabilities;
2023/10/02
Committee: AFET
Amendment 290 #

2023/2119(INI)

Motion for a resolution
Paragraph 13
13. Emphasises the importance of adequate, flexible and sustainable funding for all security and defence programs and initiatives, including the CFSP budget and the EPF; calls for a substantive increase of funding for the CFSP budget, including a dedicated CFSP budget line establishing a civilian support facility to provide partner countries with equipment and services to enhance their civilian capabilities; calls on the Member States to increase the resources allocated to security and defence in the next multiannua l financial framework review, in view of the depletion of Heading 5 and in light of the growing security needs of the Union which will require further initiatives such as EDIP and further funding for the EDF as proposed in STEP; invites the Member States to bring forward the re-assessment of the scope and definition of common costs to enhance solidarity and stimulate participation in military missions and operations, as well as exercise-related costs in line with the Strategic Compass; further calls on Member States to amend the EPF financing process to ensure adequate and sustainable support for partners, allies and CSDP operations;
2023/10/02
Committee: AFET
Amendment 305 #

2023/2119(INI)

Motion for a resolution
Paragraph 14
14. Welcomes the increased budgets and investment in defence by EU Member States and institutions, and calls for their impact to be maximised in order to deliver the needed capabilities to Europe’s armed forces through increased joint procurement and joint investment in defence research and development; deplores the fact that in order to finance EDIRPA and ASAP, the Commission resorted to cannibalising existing resources dedicated to other security and defence initiatives or other programmes, thereby undermining other existing initiatives and emphasising the need to dedicate further resources to Heading 5 of the Multiannual Financial Framework; calls on the Member States and the Commission to dedicate further financial and human resources to EEAS to ensure it can effectively conduct its role as the EU’s diplomatic service in light of the highly contested geopolitical context and the increased demands on its limited capacities in recent years;
2023/10/02
Committee: AFET
Amendment 315 #

2023/2119(INI)

Motion for a resolution
Paragraph 16
16. Considers that the European Defence Fund, regrettably still underfinanced, shows the added-value of EU-level action in European defence and recommends the extension of Commission proposals in all defence-related fields of EU policy in coordination with Member States and the VP/HR; ; calls for a further 1 billion euro budget increase to the EDF, in addition to the Commission’s suggested 1.5 billion euros, as part of the proposal for Strategic Technologies for Europe Platform (STEP); urges maximum consistency and coordination between various initiatives in the field of security and defence, such as CARD, EDIRPA, ASAP, PESCO and Military Mobility amongst others, to prevent overlaps, guarantee efficient public investments and address the critical capabilities gap;
2023/10/02
Committee: AFET
Amendment 322 #

2023/2119(INI)

Motion for a resolution
Paragraph 17
17. Stresses that EDIRPA and ASAP can only be a first step towards improving the European technological and industrial base’s capacities to supply Member States with the products and quantities needed and should be complemented with further initiatives, including the envisaged long- term European Defence Investment Program (EDIP) for which adequate funding needs to be ensured as well as an effective regulatory framework aimed at encouraging innovation, boosting production and ensuring smarter and more efficient public investments; regrets that EDIP has still not been proposed by the Commission; calls on the Commission to draw on the EUMC's expertise in the definition of defence industries' priorities and the formulation of defence initiatives in order to ensure military coherence at industrial level;
2023/10/02
Committee: AFET
Amendment 329 #

2023/2119(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Underlines the need to better coordinate the defence policies of Member States, activities falling under the CSDP, and the Union’s cooperation with NATO; considers, in this regard, that the establishment of a permanent Council of Defence Ministers within the framework of the Council of the European Union could be envisaged;
2023/10/02
Committee: AFET
Amendment 355 #

2023/2119(INI)

Motion for a resolution
Paragraph 20
20. Highlights that China has established a ‘no-limits friendship’ with Russia, that includes significant transfer of technology and military capabilities, and poses an increasing number of security challenges to the EU, especially in the fields of cyber and FIMI; stresses the need for the EU to strengthen the security and integrity of its critical infrastructures, supply chains and technology base, including through close monitoring of their ownership and control by actors linked to the Chinese governmentde- risking and promoting EU’s technological edge in critical sectors, including measures to restrict or exclude high-risk suppliers, especially actors linked to the Chinese government; expresses serious concerns about the danger artificial intelligence (AI) driven disinformation and information manipulation campaigns, including through the creation of fake websites and generation of fake images, poses to democratic processes, especially in the lead up to elections; calls on the Commission and EEAS to closely cooperate with the private sector, civil society as well as the academic and technical community in countering these malign influence campaigns and addressing the weaponisation of new technologies;
2023/10/02
Committee: AFET
Amendment 360 #

2023/2119(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Recalls that dependencies on high- risk suppliers of critical products with digital elements pose a strategic risk that should be addressed at Union level; stresses the need to further strengthen the FDI-screening procedures with due- diligence standards to identify leverage by governments of states which would contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the TEU over investors in EU critical infrastructure, such as European ports and in undersea cables in the Baltic, Mediterranean as well as in the Arctic seas; underlines that this approach should apply equally to candidate and potential candidate countries; believes additional legislation is needed to effectively protect the European ICT supply chain security from risky vendors and protect against cyber-enabled intellectual property theft; calls for the creation of European framework aiming to closely regulate and set minimum standards and conditions relating to the export of intellectual property and technologies which are critical to the security and defence of the Union, including amongst others dual-use goods;
2023/10/02
Committee: AFET
Amendment 373 #

2023/2119(INI)

Motion for a resolution
Paragraph 21
21. Calls for supplementary progress on further improving the EU Hybrid Toolbox, specifically addressing activities involving cyber-attacks and FIMI, and the revision of the implementing guidelines of the EU’s cyber diplomacy toolbox; welcomes the commitment set out in the Strategic Compass and new Civilian Compact to provide the necessary capabilities to enable civilian CSDP missions and operations to respond to hybrid attacks, including FIMI and cyber, by 2024, as well as develop a coherent and clear communication strategy; reiterates the need for ensuring the existence of the expertise and capacity for secure information and communications technologies for all CSDP missions and operations to communicate securely in theatre and with all EU institutions; calls on the EEAS and the Commission to increase its cooperation and coordination with other missions and operations from like-minded partners and organisations, including the United Nations Peacekeeping Operations, in countering FIMI operations in the field;
2023/10/02
Committee: AFET
Amendment 386 #

2023/2119(INI)

Motion for a resolution
Paragraph 22
22. Welcomes the deployment of the EU CSDP Partnership Mission in the Republic of Moldova, the first ever CSDP civilian mission dedicated to strengthening the resilience of Moldova’s security sector in crisis management and countering hybrid threats; Underlines the importance of this innovative CSDP Mission and calls on the Member States to provide the expertise and capabilities necessary for the mission to support Moldova in the face of Russia’s use of hybrid warfare; calls on the EEAS to explore the creation of similar missions to other candidate and associate countries to the EU, aimed at increasing their resilience against hybrid threats, including cyber threats and FIMI;
2023/10/02
Committee: AFET
Amendment 403 #

2023/2119(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Is concerned by the hybrid warfare activities of private military companies (PMCs) and state-sponsored proxies, such as the Wagner Group and other armed groups, militias and proxies to exert influence in several countries across the world; calls on the EEAS to create an initiative with like-minded partners to counter malign non-state and state- sponsored actor groups, such as Wagner; emphasises that the existing EU toolboxes should include responses, such as sanctions, to non-EU states financing or cooperating with private military companies in vulnerable regions;
2023/10/02
Committee: AFET
Amendment 408 #

2023/2119(INI)

Motion for a resolution
Paragraph 23 d (new)
23d. Further calls on the Member States and the EEAS to systematically include financial and human resources, tools and training aimed at countering FIMI-related threats in all CSDP missions and operations as part of their broader mandate in host countries and their resilience against hybrid threats;
2023/10/02
Committee: AFET
Amendment 409 #

2023/2119(INI)

Motion for a resolution
Paragraph 23 e (new)
23e. Calls on Member States, the EEAS and the European Commission to consider the creation of a well-resourced and independent structure tasked with identifying, analysing and documenting FIMI threats against the EU as a whole to increase situational awareness and threat intelligence sharing, and develop attribution capabilities and countermeasures in relation to FIMI; considers that this structure would serve as a reference point and specialised knowledge hub to facilitate and foster operational exchange between Member States’ authorities, EU institutions and EU agencies, as well as enabling the exchange of best practices with like- minded partners across the globe; stresses that the structure should clarify and enhance the role of the EEAS StratCom division and its taskforces as the strategic body of the EU’s diplomatic service and prevent the overlap of activities;
2023/10/02
Committee: AFET
Amendment 463 #

2023/2119(INI)

Motion for a resolution
Paragraph 26 b (new)
26b. Welcomes the accession of Finland to NATO, strengthening further the European pillar within the organisation and encouraging greater collaboration and interoperability between European Member States and NATO allies; Strongly deplores, in the context of the Russian invasion of Ukraine and changing security architecture on the European continent, the delaying of the ratification of Sweden’s NATO accession, which has only played into Russia’s hands and undermines relations between Türkiye, Hungary and their NATO allies; denounces in this context, further, attempts to undermine democratic freedoms in EU Member States through the instrumentalisation of granting consent to Sweden’s NATO accession; takes note that, following further consultations, the President of Türkiye finally agreed on 10 July 2023 to forward the NATO Accession Protocol of Sweden to the Grand National Assembly of Türkiye as soon as possible and to work closely with the Assembly to ensure ratification; regrets, however, that this process is still pending and that there is no clear timeline, as is the case in Hungary; urges Hungary and Türkiye to ratify Sweden’s NATO membership without any further delay; urges the Turkish authorities to deliver on their promise of a more constructive partnership in NATO, including in the Eastern Mediterranean;
2023/10/02
Committee: AFET
Amendment 58 #

2023/2114(INI)

Motion for a resolution
Citation 10 a (new)
– having regard to the Enlargement Package adopted by the European Commission on 8 November 2023;
2023/11/20
Committee: AFETAFCO
Amendment 60 #

2023/2114(INI)

Motion for a resolution
Citation 10 b (new)
– having regard to the report on the final outcome of the Conference on the Future of Europe of 9 May 2022;
2023/11/20
Committee: AFETAFCO
Amendment 81 #

2023/2114(INI)

Motion for a resolution
Recital B
B. whereas Russia’s war of aggression against Ukraine has given new geostrategic meaning to the enlargement of the European Union; whereas enlargement is a strategic geopolitical investment in the future, which can be mutually beneficial for both existing and future Member States if the proper conditions are met; whereas enlargement has proven to be the most successful EU foreign policy instrument and is a very effective tool for boosting the necessary reforms both within the EU and in applicant countries, helping to encourage democratic transformation; whereas enlargement is a particular opportunity for tackling the climate crisis and improving energy cooperation between current and future member states; whereas enlargement is thus a crucial tool to improve the daily lives of inhabitants of both the EU and applicant countries;
2023/11/20
Committee: AFETAFCO
Amendment 148 #

2023/2114(INI)

Motion for a resolution
Recital G
G. whereas the role of the European Parliament should be strengthened throughout the entire enlargement process; whereas civil society organisations should be structurally involved in the process as well;
2023/11/20
Committee: AFETAFCO
Amendment 170 #

2023/2114(INI)

Motion for a resolution
Recital H
H. whereas under the current institutional framework, the EU already faces considerable challenges in crisis management and strategic decision- making; whereas it is clear that the EU institutions and decision-making mechanisms were not designed for a Union that could be composed of up to 37 Member States; whereas before the next enlargement takes place, significant pre- enlargement reforms are needed to guarantee that the EU is able to absorb new members and to promote their successful integration; whereas this implies significant changes in the EU’s institutional framework, including to decision-making procedures, and the possible introduction of differentiated integration solutions; whereas in order to achieve this, the EU should take full advantage of the flexibility afforded by the Treaty of Lisbon and consider the possibility of treaty change, including via adaptations introduced by the accession treaties or by a possible 'Treaty of reform and accession';
2023/11/20
Committee: AFETAFCO
Amendment 185 #

2023/2114(INI)

Motion for a resolution
Recital I
I. whereas the Union’s credibility and ability to act in a timely and effective manner depends on efficient decision- making, and even more so in an enlarged EU of 30 or more Member States; whereas efficient decision-making leading to timely and coordinated internal and external action is vital for safeguarding the EU’s interests and its global geopolitical leadership and credibility; whereas reform of the EU’s governance structures, with simplified decision-making procedures, must be discussed and adopted in parallel with the ongoing accession negotiations;
2023/11/20
Committee: AFETAFCO
Amendment 210 #

2023/2114(INI)

Motion for a resolution
Recital K
K. whereas enlargement is also a major challenge for EU’s financial sustainability, in particular regarding cohesion and, agriculture and foreign and security policies; whereas the current and the next multiannual financial frameworks should be strengthened considerably to enable EU enlargement; whereas this financial groundwork must be in place before enlargement takes place;
2023/11/20
Committee: AFETAFCO
Amendment 249 #

2023/2114(INI)

Motion for a resolution
Paragraph 2
2. Believes that enlargement is of the utmost strategic importance for the EU, and all the more so in the face of Russia’s war of aggression against UkraineCalls on the European Council, when evaluating the progress made individually by the candidate countries for EU accession and deciding on further steps, to take into account the background of Russia’s ongoing war of aggression against Ukraine that has significant consequences for Ukraine’s immediate neighbouring countries as well as for the stability, security and prosperity of the entire European continent and therefore requires a long-term political vision and bold decisions that reflect the strategic importance of European unity and therefore EU enlargement; stresses that an enhanced enlargement policy has become the strongest geopolitical tool at the EU’s disposal; points out that enlargement is a strategic investment in to share peace, security, and prosperity, as well as a driver for democracy and European values on the continent with its European neighbours as well as to strengthen democracy and the rule of law, human rights, including minority rights, fundamental freedoms and European values;
2023/11/20
Committee: AFETAFCO
Amendment 286 #

2023/2114(INI)

Motion for a resolution
Paragraph 4
4. Underlines that accession to the EU must always be a merit-based procedure and that each applicant must be assessed on their own merit in fulfilling the Copenhagen criteria and therefore in ensuring full respect for human rights, democracy and the rule of law; stresses that while positive outcomes should be sought as quickly as possible, there should be no fast-track or fixed deadlines for membership; underscores that there can be no short-cuts on fundamental values; points out that alignment with the common foreign and security policy is also a way of showing full adherence to the EU’s fundamental principles and an important indicator for sustainable future membership and only significant progress on EU-related reforms can be a reason to resume accession negotiations with countries where the accession process is frozen, otherwise stalled or where backsliding took place; stresses the need to establish clear deadlines for concluding negotiations with the accession countries by the end of the current decade at the latest; points out that alignment with the common foreign and security policy is also a way of showing full adherence to the EU’s fundamental principles and an important indicator for sustainable future membership; urges all candidate and potential candidate countries to prioritize strict alignment with the EU’s common foreign and security policy and reiterates that accession can only proceed once a country aligns with EU sanctions against Russia’s war of aggression against Ukraine;
2023/11/20
Committee: AFETAFCO
Amendment 305 #

2023/2114(INI)

Motion for a resolution
Paragraph 5
5. Calls for a robust monitoring mechanism for the reforms and progress made by the candidate countries; urges, in particular, the setting up of a specific and effective monitoring mechanism for protecting fundamental values and the financial interests of the Union in the context of accession procedures; reiterates in this regard its calls to include candidate countries in the EU rule of law mechanism and its annual reporting exercise, automatically activating pre-accession cooperation and verification mechanisms, offering positive conditionality in the form of access to EU policies or triggering negative conditionality in the form of the suspension of accession negotiations and pre-accession funding, in particular by making the relevant provisions of Regulation (EU) 2021/1529 on IPA III swiftly and fully operational, and enabling the reopening of the negotiation chapters under reversibility clauses, as well as by closely involving civil society in the process;
2023/11/20
Committee: AFETAFCO
Amendment 308 #

2023/2114(INI)

Motion for a resolution
Paragraph 5
5. CEmphasizes the absolute priority to strengthen the rule of law which has substantially gained in importance in the EU accession process and remains one of the most important conditions for EU membership to ensure that EU enlargement strengthens and does not weaken the Union and its Single Market; calls for a robust monitoring mechanism for the reforms and progress made by the candidate countries; urges, in particular, the setting up of a specific and effective monitoring mechanism for protecting fundamental values and the financial interests of the Union in the context of accession procedures; reiterates in this regard its calls to include candidate countries in the EU rule of law mechanism and its annual reporting exercise, automatically activating pre-accession cooperation and verification mechanisms;
2023/11/20
Committee: AFETAFCO
Amendment 310 #

2023/2114(INI)

Motion for a resolution
Paragraph 5
5. Calls for a robust monitoring mechanism for the reforms and progress made by the candidate countries; urges, in particular, the setting up of a specific and effective monitoring mechanism for protecting fundamental values and the financial interests of the Union in the context of accession procedures; reiterates in this regard its calls to include candidate countries in the EU rule of law mechanism and its annual reporting exercise, automatically activating pre-accession cooperation and verification mechanisms; calls for exploring avenues for further strengthening protection of the rule of law and the EU’s democratic values against backsliding for both new and existing Member States in the context of Treaty reform;
2023/11/20
Committee: AFETAFCO
Amendment 331 #

2023/2114(INI)

Motion for a resolution
Paragraph 6
6. Considers that there is a need for stronger parliamentary oversight of the EU’s enlargement policy; insists on strengthening the role of Parliament throughout the entire accession process, including allowing it to scrutinise fully the progress made by the candidate countries across policy fields; invites to consider appointing an EU chief negotiator to carry out negotiations under a broad negotiating mandate, who would also be accountable to the European Parliament; underlines that regular dialogue and cooperation between the European Parliament and the national parliaments of candidate countries should be encouraged;
2023/11/20
Committee: AFETAFCO
Amendment 343 #

2023/2114(INI)

Motion for a resolution
Paragraph 7
7. Believes that the challenge of a bigger Union requires an enhanced enlargement policy putting in place a clear incremental pathway towards EU membership, including gradual integration into common policies, initiatives and the single market, access to EU funds in the respective areas, enabling citizens to reap the benefits of accession throughout the process and not only upon its completion; notes that this pathway should be accompanied by increased technical and conditional financial assistance with a special focus on the implementation and enforcement of laws under negotiating chapters 23, 24, 30 and 31; stresses that a dedicated and separate DG for Enlargement is necessary; invites the Commission to present detailed proposals on the incremental accession methodology; underlines that there will be no alternatives to substitute enlargement and that the phasing-in of candidate countries into selected policy areas is by no means an alternative to fully-fledged membership;
2023/11/20
Committee: AFETAFCO
Amendment 357 #

2023/2114(INI)

Motion for a resolution
Paragraph 8
8. Stresses that European institutional and financial reforms toshould increase the EU's ability to act, promote good governance, functionality and sustainability; notes that reforms are needed to ensurreinforce the EU’s and its institutions' capacity to absorb new members and to promote their successful integration;
2023/11/20
Committee: AFETAFCO
Amendment 366 #

2023/2114(INI)

Motion for a resolution
Paragraph 9
9. Points out that European institutional reforms must include simplified decision-making procedures, moving away from unanimity and replacing it with qualified majority voting provisions in areas such as the protection of democracy, human rights and the rule of law, sanctions and relevant foreign policy decision, the climate crisis and ecological transition, tax measures and foreign and security policy decisions, including through the introduction of qualified majority voting in areas relevant to the accession process, and ensuring the effective functioning of an enlarged union as a whole and abolishing, in particular, the requirement for unanimity when deciding on the start of the negotiation process as well as the opening and closing of individual negotiating clusters and chapters;
2023/11/20
Committee: AFETAFCO
Amendment 380 #

2023/2114(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Points out that a parallel process of widening and deepening the EU will have a profound effect on a wide area of EU policies; notes that a simplified decision-making process for potential other areas will be of benefit to the overall governability of the EU as well;
2023/11/20
Committee: AFETAFCO
Amendment 385 #

2023/2114(INI)

Motion for a resolution
Paragraph 10
10. Calls for the mechanism to protect the rule of law and the EU’s fundamental principles and values, and the monitoring capacity to ensure compliance, to be strengthened ahead of the next enlargement; stresses the need for a broader rule of law conditionality mechanism covering all of the Union’s fundamental values as defined in Art 2 TEU;
2023/11/20
Committee: AFETAFCO
Amendment 420 #

2023/2114(INI)

Motion for a resolution
Paragraph 13
13. Notes that institutional pre- enlargement reforms must also address the implications of enlargement on the composition of Parliament, including considering the possibility of observer Members of European Parliament; recalls that the European Parliament is already one of the largest parliaments in the world and underlines that in any case it must remain at a workable scale; points out, however, that a reasonable increase in the size of Parliament cannot be ruled out in order to ensure sufficient democratic representativeness; insists on a new system for seat allocation based on a permanent mathematical formula;
2023/11/20
Committee: AFETAFCO
Amendment 432 #

2023/2114(INI)

Motion for a resolution
Paragraph 14
14. Points out that the functioning of the Council should also be reviewed in view of enlargement, in particular the system of rotating presidencies of the Council of the European Union; notes that the calculation of qualified majority voting thresholds should also be reconsidered; urges the Council to overcome the current deadlock in the Article 7 TEU procedure and to replace unanimity minus 1 by a majority of four-fifths of the Member States in relation to this procedure in the Council;
2023/11/20
Committee: AFETAFCO
Amendment 450 #

2023/2114(INI)

Motion for a resolution
Paragraph 16
16. Stresses that enlargement is a major financial challenge for the EU, in particular regarding cohesion and agriculture policies; point out that this challenge cannot be met without a larger EU budget and sufficient own resources or potential co-financing instruments; notes that this would be an opportunity to restructure the EU budget, look at its core priorities and let the most financially strong contribute to a newly reformed EU; notes that this adds to growing demands on EU funding in the fields of financial stability, health, energy, decarbonisation, digital, research and defence and security; underlines that such financial reforms must be discussed in parallel with the ongoing accession negotiations and adopted before enlargement takes place; defends its position that the current and future multiannual financial frameworks should be strengthened considerably to enable EU enlargement, and that this financial groundwork must be in place before enlargement takes place;
2023/11/20
Committee: AFETAFCO
Amendment 474 #

2023/2114(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Deplores the use of unresolved bilateral and regional disputes to block or considerably delay candidate countries’ accession processes and adopt an official mechanism for the resolution and arbitration of these disputes to support their resolution separately from the accession to the EU, as they can hinder the implementation of European policies and weaken the EU’s regional and global influence; recalls that candidate countries should be assessed on the basis of their own merit in complying with the objective criteria for accession, including the implementation of EU-related reforms as well as the policy alignment with the CFSP, such as on positions and restrictive measures taken following the Russian war of aggression against Ukraine;
2023/11/20
Committee: AFETAFCO
Amendment 479 #

2023/2114(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Calls to improve the consistency, efficiency and transparency of pre- accession assistance, clearly reflecting the priorities in the fundamental areas in the allocation of IPA III funding; calls in particular to introduce stricter and enforcable accountability with regard to the spending of such funding; calls also to improve the visibility of EU funding and the tangible results of it in the enlargement countries;
2023/11/20
Committee: AFETAFCO
Amendment 481 #

2023/2114(INI)

Motion for a resolution
Paragraph 18 b (new)
18 b. Calls to strategically apply targeted conditionality based on clear progress benchmarks, rewarding reforms and sanctioning regression or a persistent lack of progress;
2023/11/20
Committee: AFETAFCO
Amendment 24 #

2023/2072(INI)

Draft opinion
Paragraph 4 a (new)
4a. Calls the European Commission and the Member States to deliver on open strategic autonomy to regain lost ground in all those fields where China's dominant position creates a risk of overdependance to the EU.
2023/09/11
Committee: INTA
Amendment 26 #

2023/2072(INI)

Draft opinion
Paragraph 4 b (new)
4b. Calls on the European Commission and the Member States to conduct a process to increase the harmonization of the regulations on screening and control of foreign investments, and to fully implement the Foreign Direct Investment screening mechanism . Likewise, the Commission and the Member States must pay attention to investments by third countries, which could carry an indirect control position by China, through ownership or relevant participation in companies from those third countries.
2023/09/11
Committee: INTA
Amendment 30 #

2023/2072(INI)

Draft opinion
Paragraph 5 a (new)
5a. Is concerned about China’s assertive geopolitical and economic rise that has a considerable impact on the global economic and political developments particularly of the Global South, through its Belt and Road Initiative; calls on the Commission and the Member States to screen with a particular attention China’s acquisitions of critical infrastructures in the Western Balkans and in the EU neighbourhood countries; calls on China to increase transparency on Belt and Road Initiatives (BRI) projects, given that many BRI loans that have underperformed and became not financially viable.
2023/09/11
Committee: INTA
Amendment 43 #

2023/2072(INI)

Draft opinion
Paragraph 6 a (new)
6a. Urges the Commission and the Member States to secure the main use of EU infrastructures is preserved and protected, to allow the normal development of EU economic activity and trade, notably transport (ports, airports, train, and roads) energy and telecommunication infrastructures. Calls on the Commission to periodically report to the European Parliament on: a) the detection of possible dual use of strategic infrastructures that provide logistical and intelligence support to China; b) the full respect of EU trade legislation, especially due diligence, anti coercion and forced labour of goods entering the EU markets.
2023/09/11
Committee: INTA
Amendment 47 #

2023/2072(INI)

Draft opinion
Paragraph 6 b (new)
6b. Calls on the European Commission in coordination with the Member States, to design a rapid mechanism of response, in case of detection of dual use, or misuse, of the infrastructures in the EU, which are under property, participation or concession to China, that could lead to the cancellation of the rights of concession, and/or the suspension of the capacity of domain in the cases or property and participation.
2023/09/11
Committee: INTA
Amendment 48 #

2023/2072(INI)

Draft opinion
Paragraph 6 c (new)
6c. Calls on the Commission, in cooperation with the Member States, to activate procedures for the suspension and revocation of China's capacity of domain, or concessions in case that, in the context of the Russian aggression against Ukraine, China involves in the conflict on the side of the aggressor, to avoid any possible dual or direct use, jeopardising EU and/or Ukrainian security.
2023/09/11
Committee: INTA
Amendment 50 #

2023/2072(INI)

Draft opinion
Paragraph 6 e (new)
6e. Calls on the Commission to fully put in force the recently developed legislation and mechanisms to address the unbalanced trade relationship and mitigate EU vulnerabilities, such as the screening of Foreign Direct Investment, the review of Trade Defence Instruments, the International Procurement Instrument, the EU Foreign Subsidies Regulation, the export controls, the anti- coertion instrument the Critical Raw materials proposal, the Net Zero Industries Act, and the European Economic Security Strategy. Calls on China to cooperate to level the playing field limiting the assistance and the intervention in Chinese companies and removing the restrictions of European companies’ access.
2023/09/11
Committee: INTA
Amendment 58 #

2023/2072(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls on the Commission and the Member States to strengthen the EU strategic autonomy notably by building diversified, secure and resilient supply chains and by increasing its actions in key areas such as research and development, cutting-edged technologies, critical raw materials, reindustrialisation and new infrastructures.
2023/09/11
Committee: INTA
Amendment 61 #

2023/2072(INI)

Draft opinion
Paragraph 7 b (new)
7b. Calls on the Commission to design actions to reduce the risks for EU own security and to develop internal resilience, strenghthening the security and integrity of its critical infrastructures, the supply chains and the technology base, notably the 5G and 6G networks, all of them essential for our normal economic activity and trade; calls the Commission and the Member States to review their networks security toolbox.
2023/09/11
Committee: INTA
Amendment 63 #

2023/2072(INI)

Draft opinion
Paragraph 7 c (new)
7c. Calls on the Commission, the EU institutions and the Member States to terminate any research funding to Chinese companies active in the areas of critical and strategic importance for the EU, such as ICT, and to channel risks related to contracting operators using Chinese equipment.
2023/09/11
Committee: INTA
Amendment 64 #

2023/2072(INI)

Draft opinion
Paragraph 7 d (new)
7d. Calls on China to put in place and implement a responsible digital governance, with respect for privacy rights, freedom of expression and the rule of law in its digital governance policies, in the framework of WTO and multilateral standards; calls on the Commission to assess other areas under risk such as the semiconductors, quantum computing, blockchains, space, AI or biotechnologies, and consider legislation or tools for further protection against malicious software and cyber espionage.
2023/09/11
Committee: INTA
Amendment 65 #

2023/2072(INI)

Draft opinion
Paragraph 7 e (new)
7e. Requires the Commission to share with the European Parliament, before the end of this parliamentary term, a detailed analysis of the risks for EU trade, regarding the semiconductors, quantum computing, blockchain, space, AI or biotechnologies and the possible need of EU action in these fields.
2023/09/11
Committee: INTA
Amendment 1 #

2023/2059(INI)

Draft opinion
Recital A
A. whereas European ports are a key artery for EU and global trade, with 74 % of goods entering or leaving the EU by sea; whereas, in addition to its strategic function, ports are taking up an increasingly important role as the anchor of social and economic growth of the regions as well as in the supply, production, provision and storage of energy, and greening of transport and industry;
2023/09/28
Committee: INTA
Amendment 9 #

2023/2059(INI)

Draft opinion
Paragraph 1
1. Stresses that geopolitical tension and supply chain disruption, alongside Russia’s war of aggression against Ukraine, represent significant challenges for the efficient operation ofduring the pandemic, ports have played a crucial role in ensuring the continuance of emergency supply chains; highlights that also in the new geopolitical context, alongside Russia’s war of aggression against Ukraine, the essential role of ports in keeping supply chains operational and setting up new alternative routes, including humanitarian lanes and solidarity lanes for Ukrainian exports, is again coming to the forefront; further underlines that European ports are pivotal in safeguarding energy supplies and in reducing energy dependency from Russia and will remain instrumental in repowering Europe in the short term, by enhancing the setting up of alternative routes for the provision of gas and increasing gas storage; in parallel, stresses that ports are and will be key in reinforcing efforts to prepare for a fossil- free energy landscape in Europe an ports; d will play an important role in the greening of transport, industry and energy generation;
2023/09/28
Committee: INTA
Amendment 29 #

2023/2059(INI)

Draft opinion
Paragraph 3
3. Notes that the implementation of recent or pending EU legislation, including in the field of trade, will require investment and training for port operators and authorities; acknowledges that ports require significant investments to implement the obligations stemming from the Fit for 55 package and to be able to play their role in the green transition; underlines the importance of emerging technologies and digitalisation in European ports and the need to stimulate investment in the uptake of innovative solutions and support the digital transition in the port sector; recalls the importance of promoting sustainable investments in European ports, such as in electrification, hydrogen production, offshore wind energy, it will be key to boost ports' rail connections to TEN-T networks and to avoid botlenecks in these networks;
2023/09/28
Committee: INTA
Amendment 39 #

2023/2059(INI)

Draft opinion
Paragraph 4
4. Emphasises that in certain cases foreign trade andThe lack of an effective and efficient investment can causd trade defense policy can produce security vulnerabilities, in particular with regard to foreign ownership, control or access to EU critical infrastructure, including European ports; believes that foreign investments in essential and critical infrastructure that might enable effective participation or control (direct or indirect) in the management of the port should be thouroughly scrutinized; underlines that foreign investments, from state backed companies or state subsidies in all forms, that enable effective participation or direct or indirect control in the management of the port, should be avoided; considers that, in order to strengthen Europe's resilience, competetion on an equal footing must be ensured and that the level playing field and Europe's competitiveness can not be undermined with distortive foreign subsidies in European Ports;
2023/09/28
Committee: INTA
Amendment 53 #

2023/2059(INI)

Draft opinion
Paragraph 6 a (new)
6a. Considers that a well-functioning Customs Union is fundamental to the EU’s competitiveness, sustainability and resilience; believes that a reformed and strengthened Customs Union with a common customs code will preserve the integrity of the Single Market, helping to maintain EU competitiveness in the twin green and digital transitions and avoid unfair competition between European ports;
2023/09/28
Committee: INTA
Amendment 56 #

2023/2059(INI)

Draft opinion
Paragraph 6 b (new)
6b. Believes that tackling ‘port shopping’, a practice undermining the integrity of the EU internal market whereby traders target certain ports for products to enter the Single Market, is key; notes that currently customs controls are largely based on automated and targeted risk management, and that Member States employ national systems with national data to do this; underlines the urgency to have in place harmonised customs controls in all European ports to avoid different application of sanitary or due diligence standards;
2023/09/28
Committee: INTA
Amendment 60 #

2023/2059(INI)

Draft opinion
Paragraph 7
7. Recalls that the regulation on the screening of foreign direct investments2 addresses risks to security and public order resulting from investments from third countries, including those concerning European ports; believes the forthcoming review of the FDI Regulation should make foreign direct investment screening system mandatory in all Member States; considers that assessments on the basis of this Regulation should be more binding and take place within a reasonable timeframe safeguarding the attractiveness of Europe for new investments; _________________ 2 Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (OJ L 79I, 21.3.2019, p. 1).
2023/09/28
Committee: INTA
Amendment 67 #

2023/2059(INI)

Draft opinion
Paragraph 8
8. Emphasises the considerable role that the Global Gateway could play in strengthening the network of European ports with third countries, facilitating trade and expanding investment opportunities, hence creating mutually beneficial partnerships and promoting sustainable value chains; highlights in this regard the importance for the EU to step up its economic diplomacy.
2023/09/28
Committee: INTA
Amendment 71 #

2023/2059(INI)

Draft opinion
Paragraph 8 a (new)
8a. Underlines the importance of a healthy, competitive and diversified maritime and logistics environment for ports; points however to the increasing market power of a small amount of stakeholders, in particular shipping lines, that risks to affect the fair power balance and level playing field between the different actors in the port ecosystem; as such, emphasizes the importance of effective and timely dialogue between ports and other logistics stakeholders in order to ensure well-functioning supply chains and avoid stranded assets.
2023/09/28
Committee: INTA
Amendment 5 #

2023/2031(INI)

Draft opinion
Recital A a (new)
Aa. whereas the extraction of raw materials is often linked to environmental pollution, destruction of nature and the violation of ILO standards and human rights;
2023/06/29
Committee: INTA
Amendment 6 #

2023/2031(INI)

Ab. whereas developing countries largely function as exporters of unprocessed raw materials and the value creation is concentrated in economically developed countries;
2023/06/29
Committee: INTA
Amendment 7 #

2023/2031(INI)

Draft opinion
Recital A c (new)
Ac. whereas a transport and digital infrastructure is needed to develop regional value chains and to become increasingly included in global value chains;
2023/06/29
Committee: INTA
Amendment 12 #

2023/2031(INI)

Draft opinion
Recital B a (new)
Ba. whereas raw materials exporting developing countries are heavily dependent on tax revenues from the export of raw materials;
2023/06/29
Committee: INTA
Amendment 14 #

2023/2031(INI)

Draft opinion
Recital B b (new)
Bb. whereas commodity price volatility during the Covid 19 pandemic caused severe economic damage to developing countries dependent on the tax revenues from extractive industries;
2023/06/29
Committee: INTA
Amendment 15 #

2023/2031(INI)

Draft opinion
Recital B c (new)
Bc. whereas a diversified economy makes developing countries more resilient to external shocks;
2023/06/29
Committee: INTA
Amendment 16 #

2023/2031(INI)

Draft opinion
Recital B d (new)
Bd. whereas the aspirations of the European Green Deal and the transformation of the global economy holds momentum to mobilize investments in the mineral rich developing countries needed for the green transition;
2023/06/29
Committee: INTA
Amendment 17 #

2023/2031(INI)

Draft opinion
Recital B e (new)
Be. whereas the green transition presents the potential to be a generator of quality and green jobs that can contribute significantly to poverty eradication and social inclusion both in advanced and in developing countries
2023/06/29
Committee: INTA
Amendment 18 #

2023/2031(INI)

Draft opinion
Recital B f (new)
Bf. whereas the pre-COVID-19 USD 2.5 trillion annual SDG financing gap corresponds to about USD 500 billion for low-income countries and USD 2 trillion for other developing countries;
2023/06/29
Committee: INTA
Amendment 19 #

2023/2031(INI)

Draft opinion
Recital B g (new)
Bg. whereas the investment gap in developing countries amount to 4.2 trillion US$ per year in order to reach the SDG goals;
2023/06/29
Committee: INTA
Amendment 20 #

2023/2031(INI)

Draft opinion
Recital B h (new)
Bh. whereas negotiations on Sustainable Investment Facilitation for Development are being held at WTO level;
2023/06/29
Committee: INTA
Amendment 21 #

2023/2031(INI)

Draft opinion
Recital B i (new)
Bi. whereas these negotiations include more than 70 developing countries, among them 20 LDCs;
2023/06/29
Committee: INTA
Amendment 22 #

2023/2031(INI)

Draft opinion
Recital B j (new)
Bj. whereas developing countries are often facing constraints in their governmental capabilities and a lack of provided information to comply with EU standards, and other requirements regarding Green Deal initiatives and upcoming EU legislation such as, but not limited to, Due Diligence, Forced labour, Deforestation and CBAM;
2023/06/29
Committee: INTA
Amendment 29 #

2023/2031(INI)

Draft opinion
Paragraph 1 a (new)
1a. Calls on the Commission and Member States to establish mutually beneficial climate partnerships with developing countries that place people- centred and environment-centred development at the heart of its objectives and all operational policy frameworks;
2023/06/29
Committee: INTA
Amendment 30 #

2023/2031(INI)

Draft opinion
Paragraph 1 b (new)
1b. Calls on the Commission to engage further into bilateral Sustainable Investment Facilitation Agreements with countries who are willing to transition;
2023/06/29
Committee: INTA
Amendment 31 #

2023/2031(INI)

Draft opinion
Paragraph 1 c (new)
1c. Calls on the Commission, Member States and partner countries to ensure that these climate partnerships and Sustainable Investment Facilitation Agreements align with the national determined contributions of the partner countries;
2023/06/29
Committee: INTA
Amendment 32 #

2023/2031(INI)

Draft opinion
Paragraph 1 d (new)
1d. Calls on the Commission to ensure that while facilitating investments, there is no race to the bottom in subsidies in partner countries, leading to a lowering of ILO and environmental standards;
2023/06/29
Committee: INTA
Amendment 35 #

2023/2031(INI)

Draft opinion
Paragraph 2 a (new)
2a. Reiterates that regional value chains and the strengthening of intra- regional trade has a positive effect on surrounding countries and strengthens their resilience especially during external shocks;
2023/06/29
Committee: INTA
Amendment 36 #

2023/2031(INI)

Draft opinion
Paragraph 2 b (new)
2b. Calls on the EU to facilitate public investments in hard and soft infrastructure with the lowest possible adverse environmental impact;
2023/06/29
Committee: INTA
Amendment 37 #

2023/2031(INI)

Draft opinion
Paragraph 2 c (new)
2c. Calls on the Commission and the Member States to convene information exchanges involving the private sector, civil society, trade unions and all other relevant stakeholders to ensure that EU requirements are met;
2023/06/29
Committee: INTA
Amendment 38 #

2023/2031(INI)

2d. Calls on the Commission to better coordinate national export credit agencies in order to align their performances with priorities of the European Green Deal;
2023/06/29
Committee: INTA
Amendment 44 #

2023/2031(INI)

Draft opinion
Paragraph 3 a (new)
3a. Recalls that in order for developing countries to achieve the SDGs, capacity building measures in regards to governance, legal, and fiscal capacity is urgently needed;
2023/06/29
Committee: INTA
Amendment 45 #

2023/2031(INI)

Draft opinion
Paragraph 3 b (new)
3b. Urges the Commission to extend their efforts in the support for capacity building with partner countries;
2023/06/29
Committee: INTA
Amendment 46 #

2023/2031(INI)

Draft opinion
Paragraph 3 c (new)
3c. Calls on the Commission and Member States to provide wide-ranging information to partner countries including technological transfer and extensive information on the requirements that the Green Deal projects and upcoming EU legislation entail;
2023/06/29
Committee: INTA
Amendment 47 #

2023/2031(INI)

Draft opinion
Paragraph 3 d (new)
3d. Reiterates that flexible transitional arrangements are needed for developing countries to comply with these requirements;
2023/06/29
Committee: INTA
Amendment 48 #

2023/2031(INI)

Draft opinion
Paragraph 3 e (new)
3e. Calls on the Commission and Member States to ensure that when selecting and supporting Global Gateway projects, social dialogue needs to be an integral part of the institutional framework for policy-making and implementation at all levels;
2023/06/29
Committee: INTA
Amendment 213 #

2023/0156(COD)

Proposal for a regulation
Article 31 – paragraph 11 – subparagraph 1 (new)
Any natural or legal person may, upon request, access data stored or otherwise available in the EU Customs Data Hub under the conditions specified in Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents.
2023/12/05
Committee: INTA
Amendment 24 #

2023/0129(COD)

Proposal for a Regulation
Recital 3
(3) The possibility of using compulsory licences in situations of national emergency or other circumstances of extreme urgency is explicitly envisaged under the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’)3Doha Declaration on the TRIPS Agreement and Public Health made clear that each WTO Member has not only the right to grant compulsory licences, but also the freedom to determine the grounds upon which such licences are granted, including the possibility of using compulsory licences in situations of national emergency or other circumstances of extreme urgency . __________________ 3 OJ L 336, 23.12.1994, p. 214
2023/10/30
Committee: INTA
Amendment 30 #

2023/0129(COD)

Proposal for a Regulation
Recital 28
(28) It is imperative that products manufactured under a Union compulsory licence reach only the internal market. The Union compulsory licence should therefore impose clear conditions upon the licensee as regards the activities authorised under the licence, including the territorial reach of those activities. The rights-holder should be able to challenge actions and uses of the rights concerned by the Union compulsory licence that do not comply with the conditions of the licence, as infringement of its intellectual property rights in accordance with Directive 2004/48/EC of the European Parliament and of the Council9 . In order to facilitate monitoring of the distribution of products manufactured under a Union compulsory licence, including controls by customs authorities, the licensee should ensure that such products have special characteristics that make them easily identifiable and distinguishable from the products marketed by the rights-holder. __________________ 9 Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L 157 30.4.2004, p. 45).
2023/10/30
Committee: INTA
Amendment 35 #

2023/0129(COD)

Proposal for a Regulation
Recital 29
(29) A Union compulsory licence in the context of a Union crisis or emergency mechanism should onpredominantly be granted to supply the internal market with crisis- relevant products. TWherefore, it should be prohibited to export products manufactured under a Union compulsory licencen a Union compulsory licence has been exported to countries with public health emergencies, the whole production should be exported.
2023/10/30
Committee: INTA
Amendment 45 #

2023/0129(COD)

Proposal for a Regulation
Article 6 – paragraph 2 – point b
(b) the analysis of the crisis-relevant information gathered by Member States or the Commission and aggregated data received by other crisis-relevant bodies at Union and international level;
2023/10/30
Committee: INTA
Amendment 47 #

2023/0129(COD)

Proposal for a Regulation
Article 6 – paragraph 2 – point c
(c) the facilitation of exchanges and sharing of information with other relevant bodies and other crisis-relevant bodies at Union and national level, as well as at international level, where appropriate;
2023/10/30
Committee: INTA
Amendment 55 #

2023/0129(COD)

Proposal for a Regulation
Article 11 – paragraph 1
The export ofproducts manufactured under a Union compulsory licence shall be authorised predominantly for the supply of the internal market, except for products manufactured under a Union compulsory licencse is prohibitedfor export to countries facing public health problems.
2023/10/30
Committee: INTA
Amendment 75 #

2023/0129(COD)

Proposal for a Regulation
Article 23 – paragraph 1 – point -a a (new)
Regulation (EC) 816/2006
Article 6 – paragraph 2
(-a a) Paragraph (2) of Article 6 is amended as follows: "2. If the person applying for a compulsory licence is submitting multiple applications to authorities in more than one country for the same product, he shall indicate that fact in each application, together with details of the quantities and importing countries concerned. "
2023/10/30
Committee: INTA
Amendment 79 #

2023/0129(COD)

Proposal for a Regulation
Article 23 – paragraph 1 – point –a b (new)
(c) the-a b) Point (c) of Article 6(3) is amended as follows: "(c) the expected amount of pharmaceutical product which the applicant seeks to produce under the compulsory licence; "
2023/10/30
Committee: INTA
Amendment 82 #

2023/0129(COD)

Proposal for a Regulation
Article 23 – paragraph 1 – point –a c (new)
Regulation (EC) No 816/2006
Article 6 – paragraph 3 – point e
(-a c) Point (e) of Article 6 (3)e is amended as follows: "(e) where applicable, evidence of efforts for prior negotiation with the rights-holder pursuant to Article 9; "
2023/10/30
Committee: INTA
Amendment 85 #

2023/0129(COD)

Proposal for a Regulation
Article 23 – paragraph 1 – point –a e (new)
Regulation (EC) No 816/2006
Article 7
The competent authority shall notify the rights-holder without delay of the application for a compulsory licence. Before the grant of the compulsory licence, t(-a e) Article 7 is amended as follows: "The competent authority shall givenotify the rights-holder an opportunity to commentwithout delay onf the application and to provide the competent authority with any relevant information regarding the application.for a compulsory licence. "
2023/10/30
Committee: INTA
Amendment 88 #

2023/0129(COD)

Proposal for a Regulation
Article 23 – paragraph 1 – point –a g (new)
Regulation (EC) No 815/2006
Article 10– paragraph 1
(-a g) Paragraph (1) of Article 10 is amended as follows: "(1) The licence granted shall be non- assignable, except with that part of the enterprise or goodwill which enjoysnon-profit that makes use of the licence, and non-exclusive. It shall contain the specific conditions set out in paragraphs 2 to 9the relevant Articles of the TRIPS Agreement to be fulfilled by the licensee "
2023/10/30
Committee: INTA
Amendment 91 #

2023/0129(COD)

Proposal for a Regulation
Article 23 – paragraph 1 –a h (new)
Regulation (EC) No 816/2006
Article 10 – paragraph 2
(-a h) Paragraph 2 of Article 10 is deleted.
2023/10/30
Committee: INTA
Amendment 94 #

2023/0129(COD)

Proposal for a Regulation
Article 23 – paragraph 1 –a i (new)
Regulation (EC) 816/2006
Article 10–paragraph 3
(-a i) Paragraph 3 of Article 10 is deleted. "
2023/10/30
Committee: INTA
Amendment 96 #

2023/0129(COD)

Proposal for a Regulation
Article 23– paragraph – a j (new)
Regulation (EC) No 816/2006
Article 10– paragraph 4
(-a j) Paragraph 4 of Article 10 is deleted "
2023/10/30
Committee: INTA
Amendment 98 #

2023/0129(COD)

Proposal for a Regulation
Article 23 – paragraph 1 – point –a k (new)
Regulation (EC)816/2006
Article 10– paragraph 5
(-a k) Paragraph 5 of Article 10 is deleted. "
2023/10/30
Committee: INTA
Amendment 100 #

2023/0129(COD)

Proposal for a Regulation
Article 23 – paragraph 1- point -a l (new)
Regulation (EC) No 816/2006
Article 10– paragraph 6
(-a l) Paragraph 6 of Article 10 is deleted.
2023/10/30
Committee: INTA
Amendment 102 #

2023/0129(COD)

Proposal for a Regulation
Article 23 – paragraph 1 – point –a n (new)
(-a n) Paragraph 8 of Article 10 is deleted. "
2023/10/30
Committee: INTA
Amendment 108 #

2023/0129(COD)

Proposal for a Regulation
Article 23 – paragraph 1 – point a
Regulation (EC) No 816/2006
Article 18a - paragraph 2
2. Any person may submit an application for a compulsory licence under paragraph 1. The application shall fulfil the requirements laid down in Article 6 (3) and shall specify the Member States to be covered by the compulsory licence. . Or. en (see wording of art 18 a -2 of (EC) NO 816/2006)
2023/10/30
Committee: INTA
Amendment 27 #

2023/0038M(NLE)

Motion for a resolution
Recital G
G. whereas this is the first EU trade agreement aligned with the EU’s new approach to trade and sustainable development, which includes enforceable provisions with sanctions as a last resort;
2023/09/22
Committee: INTA
Amendment 33 #

2023/0038M(NLE)

Motion for a resolution
Recital H
H. whereas open and fair trade is one of the four pillars of the EU’s Green Deal industrial plan;
2023/09/22
Committee: INTA
Amendment 42 #

2023/0038M(NLE)

Motion for a resolution
Paragraph 4
4. Takes noteStrongly welcomes that the agreement integrates, for the first time, the new EU approach to trade and sustainable development and incorporates an unprecedented level of environmental and labour commitments to effectively implement fundamental International Labour Organization (ILO) conventions ratified by the parties and the Paris Agreement; points outstrongly welcomes the possibility of trade sanctions as a last resort, in instances of serious violations of the Paris Agreement and the core ILO standards; believes that the FTA sets a benchmark in this area; is aware that these levels may not be matched by future FTAs with less like-minded partners; calls on both parties to define a set of guiding principles to be considered essential to achieving the objectives of the Paris Agreement; expects concrete progress within a reasonable timeframe on the part of New Zealand towards the ratification and effective implementation of the two remaining ILO core conventions (No. 87 on freedom of association and the right to organise, and No. 138 on minimum wage), in accordance with the commitments laid down in the agreement; welcomes that the EU and New Zealand agreed to reflect the ILO recent decision to add occupational health and safety to core labour standards, as appropriate; welcomes that the agreement has a trade and gender equality article under the trade and sustainable development chapter and calls on both parties to promote women’s empowerment and gender equality; welcomes a dedicated provision on trade and fossil fuel subsidies reform and calls on the parties to intensify engagement on this issue at the WTO; welcomes that the agreement liberalises green goods and services at entry into force, with a list of such goods and services, and calls for a regular reviewing of this list; points out that the EU and New Zealand will cooperate on circular economy, deforestation-free supply chains and carbon pricing; stresses that the agreement includes a non-regression clause prohibiting the parties to weaken, reduce or fail to enforce labour and environmental standards to encourage trade; believes that the FTA sets a new benchmark to other trading partners in the area of sustainable trade;
2023/09/22
Committee: INTA
Amendment 46 #

2023/0038M(NLE)

Motion for a resolution
Paragraph 4
4. Takes note that the agreement integrates, for the first time, the new EU approach to trade and sustainable development and incorporates an unprecedented level of environmental and labour commitments to effectively implement International Labour Organization (ILO) conventions ratified by the parties and the Paris Agreement; points out the possibility of trade sanctions as a last resort, in instances of serious violations of the Paris Agreement and the core ILO standards; believes that the FTA sets a benchmark in this area; is aware thatexpects these levels may noto be matched by future FTAs with less like-minded partners;
2023/09/22
Committee: INTA
Amendment 58 #

2023/0038M(NLE)

Motion for a resolution
Paragraph 6
6. Believes that the agreement will level the playing field with other trading partners that already have FTAs with New Zealand; notes the high level of tariff liberalisation under the agreement, which will entail the removal of 100 % of New Zealand tariffs on EU exports at entry into force and the lifting of 98.5 % of EU tariffs on New Zealand trade after seven years; believes that, although the sensitive character of certain European agricultural sectors has been duly reflected by well-calibrated concessions in the form of tariff-rate quotas and longer transition periods, legitimate concerns remain as to the impact of the agreement on European sheepmeat producers; stresses that these concerns could be addressed through the implementation of seasonality; welcomes the inclusion of dedicated chapters on sustainable food systems and animal welfare respectively and an ambitious chapter on sanitary and phytosanitary matters;
2023/09/22
Committee: INTA
Amendment 66 #

2023/0038M(NLE)

Motion for a resolution
Paragraph 6 a (new)
6a. Calls on the European Commission to make use of autonomous measures in order to encourage the adoption of sustainable production methods worldwide;
2023/09/22
Committee: INTA
Amendment 82 #

2023/0038M(NLE)

Motion for a resolution
Paragraph 8 a (new)
8a. Notes that the agreement reiterates the right of the parties to regulate in order to achieve legitimate policy objectives; stresses that the EU reserves the right to establish public monopolies in public services; calls on the Member States to make full use of these provisions;
2023/09/22
Committee: INTA
Amendment 86 #

2023/0038M(NLE)

Motion for a resolution
Paragraph 9
9. WelcomeRegrets the fact that the EU and New Zealand will reciprocally open up their procurement markets beyond what is already covered under the WTO Agreement on Government Procurement;
2023/09/22
Committee: INTA
Amendment 89 #

2023/0038M(NLE)

11a. Urges both partners to ensure the active involvement of social partners and civil society, notably through the civil society forum and the domestic advisory group, on the implementation of the agreement; calls on both parties to ensure the swift establishment of well- functioning, effective and balanced domestic advisory groups and to ensure that their views on transversal sustainability issues are taken into account in a transparent manner in the government-to-government consultations provided in the agreement; calls on the Commission to ensure that the EU delegation to New Zealand is involved in the process of implementing the agreement from start to finish;
2023/09/22
Committee: INTA
Amendment 140 #

2022/0269(COD)

Proposal for a regulation
Recital 16
(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and, extraction, packaging, transportation or distribution, including working or processing related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.
2023/06/09
Committee: INTAIMCO
Amendment 142 #

2022/0269(COD)

Proposal for a regulation
Recital 17 a (new)
(17a) Based on the definition of forced labour specified in ILO Convention No. 29, the ‘ILO Indicators of Forced Labour’ represent the most common signs that point to the possible existence of a forced labour case and should be taken into account when enforcing the prohibition. However, these indicators may be insufficient for the identification of forced labour imposed by state authorities. These practices of forced labour are based on systemic and global coercive policies that require additional, specifically designed indicators.
2023/06/09
Committee: INTAIMCO
Amendment 156 #

2022/0269(COD)

Proposal for a regulation
Recital 20
(20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, mitigate, prevent and bring to an end the risk of forced labour.deleted
2023/06/09
Committee: INTAIMCO
Amendment 169 #

2022/0269(COD)

Proposal for a regulation
Recital 22
(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour or remediate forced labour cases in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should contribute to helping the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence could means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, or that the reasons that motivated the existence of a substantiated concern have been eliminated, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour and ensures remediation of forced labour and its victims, no investigation should be initiated.
2023/06/09
Committee: INTAIMCO
Amendment 178 #

2022/0269(COD)

Proposal for a regulation
Recital 23 a (new)
(23a) Considering the robust amount of evidence available regarding forced labour cases in particular products, regions or sectors, competent authorities should, after a risk-assessment, focus their investigations on the situations presenting both a higher risk of use of forced labour and increased societal and economic impact, due to the large dimension of economic operators or their presence in a large number of supply chains.
2023/06/09
Committee: INTAIMCO
Amendment 191 #

2022/0269(COD)

(25a) The Commission should call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database should be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, social partners, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour. The database should include a list of all decisions of competent authorities and third countries' authorities, including information on the provision of remediation of forced labour cases that enabled the withdrawal of the ban.
2023/06/09
Committee: INTAIMCO
Amendment 194 #

2022/0269(COD)

Proposal for a regulation
Recital 25 b (new)
(25b) Where there is clear and reliable evidence that specific products produced in specific geographic areas, or by specific entities that systematically use forced labour, present a high risk of having been made with forced labour, experts could identify those products as “high risk products”. For these specific products, economic operators should bear the burden of establishing that forced labour has not been used at any stage of production, manufacture, harvest, extraction, packaging, transportation or distribution of a product, including working or processing related to the product.
2023/06/09
Committee: INTAIMCO
Amendment 196 #

2022/0269(COD)

Proposal for a regulation
Recital 25 c (new)
(25c) In order to strengthen the prohibition, the Commission should be able to adopt a decision identifying specific products produced in specific areas, or by specific entities, that are presumed to be in violation of the prohibition due to the existence of state- imposed forced labour schemes. This decision should be adopted where the Commission, after examination of the evidence contained in the database, considers that the high level of risk, the systemic scale of the violations and the number of products involved make it necessary in order to reduce the burden on competent authorities and effectively prevent the placement on the market of a large number of products of forced labour.
2023/06/09
Committee: INTAIMCO
Amendment 201 #

2022/0269(COD)

Proposal for a regulation
Recital 26
(26) CIn all other cases, competent authorities should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or, extraction, packaging, transportation or distribution of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation.
2023/06/09
Committee: INTAIMCO
Amendment 205 #

2022/0269(COD)

Proposal for a regulation
Recital 27
(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have themdonate the products to charitable or public interest purposes. If such products cannot be donated, economic operators should recycle those products, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
2023/06/09
Committee: INTAIMCO
Amendment 220 #

2022/0269(COD)

Proposal for a regulation
Recital 30
(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are donated to charitable or public interest purposes. If such products cannot be donated, economic operators should recycle those products, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators.
2023/06/09
Committee: INTAIMCO
Amendment 233 #

2022/0269(COD)

Proposal for a regulation
Recital 32
(32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission. Submissions should be addressed to one or more national competent authority. Adequate protection measures should be put in place to ensure the safety of any person associated with the submission or the information contained within it, including from retaliation and reprisals. To ensure ease of use for the submission of information and the standardization of the information provided, the Commission should set up a mechanism for the submission of information, available in all EU official languages and free of charge, and ensure its user-friendliness.
2023/06/09
Committee: INTAIMCO
Amendment 251 #

2022/0269(COD)

Proposal for a regulation
Recital 36
(36) Customs authorities that identify a product that may be covered by a decision communicated by competent authorities establishing a violation of the prohibition, or by the Commission establishing a presumption, should suspend the release of that product and notify the competent authorities or the Commission immediately. Competent authorities or the Commission should reach a conclusion within a reasonable timeframe on the case notified to them by the customs authorities, either by confirming or by denying that the product concerned is covered by a decision. Where necessary the competent authorities or the Commission should be authorised to require maintaining the suspension of its release. In the absence of a conclusion by competent authorities within the specified time limit, customs authorities should release the products if all other applicable requirements and formalities are fulfilled. Generally, the release for free circulation or export should also not be deemed to be proof of compliance with Union law, since such a release does not necessarily include a complete control of such compliance.
2023/06/09
Committee: INTAIMCO
Amendment 255 #

2022/0269(COD)

Proposal for a regulation
Recital 37
(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The productor where the economic operator has not been able to rebut the presumption of forced labour, the competent authorities or the Commission should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be donated to charitable or public interest purposes. If such products cannot be donated, they should be recycled, and if that is not possible, they should be destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods.
2023/06/09
Committee: INTAIMCO
Amendment 281 #

2022/0269(COD)

Proposal for a regulation
Recital 44 a (new)
(44a) The Commission should ensure the effective and uniform application of this Regulation and to that effect support and encourage cooperation between enforcement authorities through the Network. Furthermore, the Commission should set up a harmonised approach for penalties, in particular lay down harmonised rules on penalties applicable to non-compliance with the decision of competent authorities.
2023/06/09
Committee: INTAIMCO
Amendment 322 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f
(f) ‘product’ means any product that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is extracted, harvested, produced or, manufactured, packaged, transported or distributed, including working or processing related to a product at any stage of its supply chain;
2023/06/09
Committee: INTAIMCO
Amendment 329 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g
(g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, production or, manufacture, packaging, transport or distribution, including working or processing related to a product at any stage of its supply chain;
2023/06/09
Committee: INTAIMCO
Amendment 333 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
(ga) 'high-risk product' means a product that is likely to have been made with forced labour, based on reliable evidence of the widespread and systematic use of forced labour in both the geographical area and the sector from which it originates, or the systematic use of forced labour by its manufacturer or producer.
2023/06/09
Committee: INTAIMCO
Amendment 341 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point k
(k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who extracts, harvests, produces or, manufactures, packs, transports or distributes a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances;
2023/06/09
Committee: INTAIMCO
Amendment 413 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 5 a (new)
5a. Notwithstanding paragraph 5, competent authorities may conclude that there is substantiated concern on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 4(4).
2023/06/15
Committee: INTAIMCO
Amendment 416 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 6
6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of time.deleted
2023/06/15
Committee: INTAIMCO
Amendment 427 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 7
7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, or that the reasons that motivated the existence of a substantiated concern have been eliminated, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents and brings to an end the risk of forced labour and remediates forced labour.
2023/06/15
Committee: INTAIMCO
Amendment 434 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. Competent authorities that, pursuant to Article 4(5) or to the information contained in the database referred to in Article 11, determine that there is a substantiated concern of a violation of Article 3, shall decide to initiate an investigation on the products and economic operators concerned. When competent authorities initiate an investigation on the basis of evidence referred to in Article 11(1a), economic operators shall demonstrate that Article 3 has not been violated.
2023/06/15
Committee: INTAIMCO
Amendment 448 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point d a (new)
(da) where the investigation has been initiated on the basis of evidence referred to in Article 11(1a), the requirement for the economic operator to demonstrate that Article 3 has not been violated.
2023/06/15
Committee: INTAIMCO
Amendment 490 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within a reasonable period of time30 working days from the date they initiated the investigation pursuant to Article 5(1).
2023/06/15
Committee: INTAIMCO
Amendment 494 #

2022/0269(COD)

2. Notwithstanding paragraph 1, competent authorities may establish that Article 3 has been violated on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 4(3) and Article 5(3) or (6).
2023/06/15
Committee: INTAIMCO
Amendment 514 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 4 – point c
(c) an order for the economic operators that have been subject to the investigation to dispose of the respective products in accordance with national law consistent with Union law.:
2023/06/15
Committee: INTAIMCO
Amendment 517 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 4 – point c – point i (new)
i) donate the products concerned to charitable organisations or organisations that benefit public interest;
2023/06/15
Committee: INTAIMCO
Amendment 519 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 4 – point c – point ii (new)
(ii) where donation is not possible, recycle the products concerned;
2023/06/15
Committee: INTAIMCO
Amendment 520 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 4 – point c – point iii (new)
(iii) where points (i) and (ii) are not possible, dispose of the respective products in accordance with national law consistent with Union law.
2023/06/15
Committee: INTAIMCO
Amendment 532 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 5 – point c
(c) that any product remaining with the economic operator concerned is disposed of in accordance with national law consistent with Union law at the expense of the economic operator.:
2023/06/15
Committee: INTAIMCO
Amendment 537 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 5 – point c – point i (new)
(i) donated to charitable organisations or organisations that benefit public interest;
2023/06/15
Committee: INTAIMCO
Amendment 538 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 5 – point c – point ii (new)
(ii) where donation is not possible, recycled
2023/06/15
Committee: INTAIMCO
Amendment 539 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 5 – point c – point iii (new)
(iii) where points (i) and (ii) are not possible, disposed of in accordance with national law consistent with Union law at the expense of the economic operator.
2023/06/15
Committee: INTAIMCO
Amendment 546 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 6
6. Where competent authorities establish that economic operators have provided evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain and remediated forced labour cases with respect to the products concerned, the competent authorities shall withdraw their decision for the future and inform the economic operators.
2023/06/15
Committee: INTAIMCO
Amendment 565 #

2022/0269(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point c
(c) all relevant information and in particular the details allowing the identification of the product, to which the decision applies, including details about the manufacturer or producer, producer, production site, and the product suppliers;
2023/06/15
Committee: INTAIMCO
Amendment 586 #

2022/0269(COD)

Proposal for a regulation
Article 8 a (new)
Article8 Establishment of a presumption of forced labour 1. The Commission is empowered to adopt a decision, by means of an implementing act pursuant to Article 29, identifying specific products produced in specific areas, or by specific entities, that are presumed to be in violation of Article 3 due to the existence of forced labour imposed by state authorities. The Commission shall do so where it considers that the high level of risk, the systemic scale of the violations and the number of products involved make it necessary in order to reduce the burden on the competent authorities and to enforce the prohibition laid down in Article 3 effectively. 2. The decision referred to in paragraph 1 shall be adopted after examination of the evidence contained in the database referred to in Article 11.
2023/06/15
Committee: INTAIMCO
Amendment 595 #

2022/0269(COD)

Proposal for a regulation
Article 9 – paragraph 1 a (new)
1a. The Commission shall without delay inform the competent authorities of Member States using the information and communication system referred to in Article 22(1) about the following: (a) any decision to establish a presumption of forced labour referred to in Article 8a; (b) any decision to prohibit the placing and making available of the products on the market and their export referred to in Article 19a(5);
2023/06/09
Committee: INTAIMCO
Amendment 602 #

2022/0269(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Submissions of information by any natural or legal person or any association not having legal personality, to competent authorities on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation. Submissions shall be addressed to one or more national competent authorities.
2023/06/09
Committee: INTAIMCO
Amendment 608 #

2022/0269(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a. The Commission shall set up a mechanism for the submission of information pursuant to paragraph 1. This mechanism shall be available in all official languages of the institutions of the Union, and it shall be user friendly and free of charge.
2023/06/09
Committee: INTAIMCO
Amendment 631 #

2022/0269(COD)

Proposal for a regulation
Article 11 – paragraph 1 a (new)
1a. Based on reliable evidence, external experts may identify specific products produced in specific geographic areas, or by a specific entity, as products at high-risk of violation of Article 3.
2023/06/09
Committee: INTAIMCO
Amendment 634 #

2022/0269(COD)

Proposal for a regulation
Article 11 – paragraph 1 b (new)
1b. The database shall include a list of all decisions of competent authorities pursuant to Article 6(3), Article 6(4) and Article 6(6), and decisions of the Commission pursuant to Articles 8a and 19a(5).
2023/06/09
Committee: INTAIMCO
Amendment 639 #

2022/0269(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 2418 months after the entry into force of this Regulation.
2023/06/09
Committee: INTAIMCO
Amendment 652 #

2022/0269(COD)

Proposal for a regulation
Article 12 – paragraph 1 a (new)
1a. The Commission is also empowered to carry out the obligations set out in this Regulation, and it shall also contribute to an effective and uniform implementation of this Regulation throughout the Union.
2023/06/09
Committee: INTAIMCO
Amendment 666 #

2022/0269(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Decisions taken by the Commission or by a competent authority in one Member State shall be recognised and enforced by competent authorities in the other Member States in so far as they relate to products with the same identification and from the same supply chain for which forced labour has been found.
2023/06/09
Committee: INTAIMCO
Amendment 677 #

2022/0269(COD)

Proposal for a regulation
Article 14 – paragraph 6 a (new)
6a. Before initiating an investigation in accordance with Article 5, a competent authority shall verify in the information and communication system referred to in Article 22(1) whether the product is subject to a presumption pursuant to Article 8a. Where this is the case, the competent authority shall share all the evidence and information they may have with the Commission and shall not start a separate investigation.
2023/06/09
Committee: INTAIMCO
Amendment 679 #

2022/0269(COD)

Proposal for a regulation
Article 15 – paragraph 3 a (new)
3a. The Commission shall without delay communicate to the customs authorities of Member States any decision adopted in accordance with Article 8a.
2023/06/09
Committee: INTAIMCO
Amendment 681 #

2022/0269(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. Customs authorities shall rely on the decisions communicated pursuant to paragraph 3 and 3a to identify products that may not comply with the prohibition laid down in Article 3. For that purpose, they shall carry out controls on products entering or leaving the Union market in accordance with Articles 46 and 47 of Regulation (EU) No 952/2013.
2023/06/09
Committee: INTAIMCO
Amendment 686 #

2022/0269(COD)

Proposal for a regulation
Article 16 – paragraph 5
5. Where a specific product has been identified in a decision referred to in Articles 6(4) and 8a, in order for the customs authorities to be able to act immediately, the procedure provided for in Article 28 shall apply to delegated acts adopted pursuant to this Article.
2023/06/09
Committee: INTAIMCO
Amendment 689 #

2022/0269(COD)

Proposal for a regulation
Article 17 – paragraph 1 a (new)
Where customs authorities identify a product entering or leaving the Union market that may, in accordance with a decision received pursuant to Article 15(3a), be presumed to be in violation of Article 3, they shall suspend the release for free circulation or the export of that product. Customs authorities shall immediately notify the Commission of the suspension and transmit all relevant information to enable it to establish whether the product is covered by a decision communicated pursuant to Article 15(3a).
2023/06/09
Committee: INTAIMCO
Amendment 693 #

2022/0269(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point a
(a) within 4 working days of the suspension, if the competent authorities, or the Commission, have not requested the customs authorities to maintain the suspension. In case of perishable products, animals and plants that time limit shall be 2 working days;
2023/06/09
Committee: INTAIMCO
Amendment 697 #

2022/0269(COD)

Proposal for a regulation
Article 18 – paragraph 1 a (new)
1a. Where the release for free circulation or the export of a product has been suspended in accordance with Article 17(1a), and where the Commission concludes that the product notified is covered by a decision pursuant to Article 8a, it shall request the customs authorities to maintain the suspension for the duration of the procedure described in Article 19a. The Commission shall notify the economic operator of the suspension and the reasons thereof.
2023/06/09
Committee: INTAIMCO
Amendment 699 #

2022/0269(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Where the competent authorities conclude that a product that has been notified to them in accordance with Article 17(1) is a product made with forced labour pursuant to a decision referred to in Article 6(4), they shall require customs authorities not to release it for free circulation nor to allow its export.
2023/06/09
Committee: INTAIMCO
Amendment 701 #

2022/0269(COD)

Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1
Competent authorities shall immediately enter that information in the information and communication system referred to in Article 22(1) and notify the customs authorities accordingly. Upon such notification, customs authorities shall not allow the release for free circulation or export of that product and shall also include the following notice in the customs data-processing system and, where possible, on the commercial invoice accompanying the product and on any other relevant accompanying document:
2023/06/09
Committee: INTAIMCO
Amendment 703 #

2022/0269(COD)

Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 2
‘Product made with forced labour - release for free circulation/export not authorised - Regulation (EU) XX/20XX’ [OP to indicate reference of this Regulation].deleted
2023/06/09
Committee: INTAIMCO
Amendment 704 #

2022/0269(COD)

Proposal for a regulation
Article 19 – paragraph 2 a (new)
2a. Upon notification as referred to in paragraph 2 or Article 19a(5), customs authorities shall not allow the release for free circulation or export of that product and shall also include the following notice in the customs data-processing system and, where possible, on the commercial invoice accompanying the product and on any other relevant accompanying document: ‘Product made with forced labour - release for free circulation/export not authorised - Regulation (EU) XX/20XX’ [OP to indicate reference of this Regulation].
2023/06/09
Committee: INTAIMCO
Amendment 705 #

2022/0269(COD)

Proposal for a regulation
Article 19 a (new)
Article19a Procedure for dealing with products presumed to be in violation of Article 3 1. Economic operators whose products have been suspended for free circulation pursuant to Article 17(2) shall be given the opportunity to prove that the affected products comply with Article 3. 2. Within 15 working days from the date of the notificatication referred to in Article 18(1a), the economic operator may provide evidence that: (a) the affected products are not covered by a decision referred to in Article 8a; or (b) the products are not made with forced labour. 3. The Commission shall assess all evidence gathered persuant to paragraph 2 and, on that basis, establish whether Article 3 has been violated within 20 working days from the date of receipt of the evidence submitted by economic operators pursuant to paragraph 2. 4. Where the Commission determines that the evidence produced is sufficient to establish that Article 3 has not been violated, it shall approve the release for free circulation or export pursuant to this Regulation. 5. Where the Commission establishes that Article 3 has been violated, it shall adopt a decision containing the elements referred to in Articles 6(4) and 7. The Commission shall immediately enter that information in the information and communication system referred to in Article 22(1) and notify the customs authorities accordingly. Article 6(5) and (6) shall apply by analogy.
2023/06/09
Committee: INTAIMCO
Amendment 707 #

2022/0269(COD)

Proposal for a regulation
Article 20 – paragraph 1
Where the release for free circulation or export of a product has been refused in accordance with Article 19 or Article 19a(5), customs authorities shall take the necessary measures to ensure that the product concerned is donated to charitable or public interest purposes. If such products cannot be donated, they should be recycled, and if that is not possible, they should be disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
2023/06/09
Committee: INTAIMCO
Amendment 713 #

2022/0269(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, the Commission, competent authorities and customs authorities shall cooperate closely and exchange risk-related information.
2023/06/09
Committee: INTAIMCO
Amendment 723 #

2022/0269(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The decisions communicated pursuant to Article 15(3) and (3a) shall be entered in the relevant customs risk management environment.
2023/06/09
Committee: INTAIMCO
Amendment 724 #

2022/0269(COD)

Proposal for a regulation
Article 22 – paragraph 3
3. The Commission shall develop an interconnection to enable the automated communication of decisions referred to in Article 15(3) and (3a) from the information and communication system referred to in paragraph 1 to the environment referred to in paragraph 4. That interconnection shall start operating no later than two years from the date of the adoption of the implementing act referred to in paragraph 7, point (b), in respect of that interconnection.
2023/06/09
Committee: INTAIMCO
Amendment 729 #

2022/0269(COD)

Proposal for a regulation
Article 23 – paragraph 1 – introductory part
The Commission shall issue guidelines no later than 182 months after the entry into force of this Regulation, which shall include the following:
2023/06/09
Committee: INTAIMCO
Amendment 763 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 1 a (new)
1a. The Commission and the Member States shall ensure that the Network has the necessary powers and resources to carry out the tasks referred to in paragraph 3, including sufficient budgetary and other resources.
2023/06/09
Committee: INTAIMCO
Amendment 813 #

2022/0269(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. The Member StatesCommission shall lay down theharmonised rules on penalties applicable to non- compliance with a decisions referred to in Articles 6(4) and shall take all measures necessary to ensure that they are implemented in accordance with national law19a(5).
2023/06/09
Committee: INTAIMCO
Amendment 816 #

2022/0269(COD)

Proposal for a regulation
Article 30 – paragraph 1 a (new)
1a. Member States shall take all measures necessary to ensure that the penalties pursuant to paragraph 1 are implemented, and implemented in accordance with national law.
2023/06/09
Committee: INTAIMCO
Amendment 822 #

2022/0269(COD)

Proposal for a regulation
Article 30 – paragraph 3
3. The Member States shall, by [OP enter DATE = 2418 months from entry into force of this Regulation], notify those provisions to the Commission, where they have not previously been notified, and shall notify it, without delay, of any subsequent amendment affecting them.
2023/06/09
Committee: INTAIMCO
Amendment 829 #

2022/0269(COD)

Proposal for a regulation
Article 31 – paragraph 2
This Regulation shall apply from [OP enter DATE = 2418 months from its entry into force].
2023/06/09
Committee: INTAIMCO
Amendment 29 #

2022/0051(COD)

Proposal for a directive
Recital 4
(4) The behaviour of companies across all sectors of the economy is key to success in the Union’s sustainability objectives as many Union companies, especially large ones, rely on global value chains. It is also in the interest of companies to protect human rights and the environment, and uphold good governance, in particular given the rising concern of consumers and investors regarding these topics. Several initiatives fostering enterprises which support value- oriented transformation already exist on Union77 , as well as national78 level. _________________ 77 ‘Enterprise Models and the EU agenda’, CEPS Policy Insights, No PI2021-02/ January 2021. 78 E.g. https://www.economie.gouv.fr/entreprises/ societe-mission
2022/11/18
Committee: INTA
Amendment 30 #

2022/0051(COD)

Proposal for a directive
Recital 5
(5) Existing international standards on responsible business conduct specify that companies have a responsibility to respect and should protect human rights and set out how they should address the protection of the environment across their operations and value chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations, products and services on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. The UN Guiding Principles state that businesses should have in place processes to enable the remediation of any adverse human right impacts they cause or to which they contribute. _________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
2022/11/18
Committee: INTA
Amendment 33 #

2022/0051(COD)

Proposal for a directive
Recital 5 a (new)
(5 a) The United Nations Guiding Principles on Business and Human Rights further recognise, as part of their duty to protect against business-related human rights abuses, that States should take appropriate steps to ensure, through judicial, administrative and legislative means, that those affected have access to an effective remedy.
2022/11/18
Committee: INTA
Amendment 35 #

2022/0051(COD)

Proposal for a directive
Recital 6 a (new)
(6 a) All companies have the responsibility to respect human rights, as enshrined in the international conventions listed in the Annex, Part I, Section 2, regardless of their size, sector, operational context, ownership and structure, and therefore under this Directive they should be required to conduct due diligence and should take appropriate measures to identify and address adverse human rights impacts along their value chain. The extent and nature of due diligence can vary according to the size, sector, operating context, and risk profile of the company.
2022/11/18
Committee: INTA
Amendment 37 #

2022/0051(COD)

Proposal for a directive
Recital 13
(13) The European Parliament, in its resolution of 10 March 2021 calls upon the Commission to propose Union rules for a comprehensive corporate due diligence obligations, applicable to all large companies and SMEs listed in stock exchanges or operating in high-risk sectors, with consequences up to and including civil liability for those companies that cause or contribute to harm by failing to carry out due diligence100 . The Council Conclusions on Human Rights and Decent Work in Global Supply Chains of 1 December 2020 called upon the Commission to table a proposal for a Union legal framework on sustainable corporate governance, including cross- sector corporate due diligence obligations along global supply chains.101. The European Parliament also calls for clarifying directors` duties in its own initiative report adopted on 2 December 2020 on sustainable corporate governance. In their Joint Declaration on EU Legislative Priorities for 2022102 , the European Parliament, the Council of the European Union and the Commission have committed, to deliver on an economy that works for people, and to improve the regulatory framework on sustainable corporate governance. _________________ 100 European Parliament resolution of 10 March 2021 with recommendations to the Commission on corporate due diligence and corporate accountability (2020/2129(INL)), P9_TA(2021)0073, available at https://oeil.secure.europarl.europa.eu/oeil/p opups/ficheprocedure.do?lang=en&referen ce=2020/2129(INL). 101 Council Conclusions on Human Rights and Decent Work in Global Supply Chains, 1 December 2020 (13512/20). 102 Joint declaration of the European Parliament, the Council of the European Union and the European Commission on EU Legislative Priorities for 2022, available at https://ec.europa.eu/info/sites/default/files/j oint_declaration_2022.pdf.
2022/11/18
Committee: INTA
Amendment 38 #

2022/0051(COD)

Proposal for a directive
Recital 14
(14) This Directive aims to ensure that companies active in the internal market respect human rights and contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or of potential and actual adverse human rights, environmental and good governance impacts and through bringing to an end and providing for remediation of actual adverse impacts on human rights and, the environmental impacts and good governance connected with companies’ own operations, subsidiaries and value chains.
2022/11/18
Committee: INTA
Amendment 41 #

2022/0051(COD)

Proposal for a directive
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, products and services, those of their subsidiaries, as well as their established direct and indirect business relationships throughout their value chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. In such a situation, the company should be required to terminate the harmful business relationship and to modify the structure of its value chain in order to ensure that the value chain no longer contributes to or can be a cause of the adverse impact. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s value chain, sector or geographical area in which its value chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
2022/11/18
Committee: INTA
Amendment 44 #

2022/0051(COD)

Proposal for a directive
Recital 16
(16) The due diligence process set out in this Directive should cover the six steps defined by the OECD Due Diligence Guidance for Responsible Business Conduct, which include due diligence measures for companies to identify and address adverse human rights and environmental impacts. This encompasses the following steps: (1) integrating due diligence into policies and management systems, (2) identifying and assessing adverse human rights and environmental impacts, (3) preventing, ceasing or minimising actual and potential adverse human rights, and environmental impacts, (4)and good governance impacts, (4) verifying, monitoring and assessing the effectiveness of measures, (5) communicating, (6) providing remediation.
2022/11/18
Committee: INTA
Amendment 45 #

2022/0051(COD)

Proposal for a directive
Recital 17
(17) Adverse human rights and, environmental and good governance impacts occur in companies’ own operations, subsidiaries, products, services, and in their value chains, in particular at the level of raw material sourcing, manufacturing, or at the level of product or waste disposal. In order for the due diligence to have a meaningful impact, it should cover human rights and ,environmental and good governance adverse impacts generated throughout the life-cycle of production and use and disposal of product or provision of services, at the level of own operations, subsidiaries and in value chains.
2022/11/18
Committee: INTA
Amendment 49 #

2022/0051(COD)

Proposal for a directive
Recital 18
(18) The value chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
2022/11/18
Committee: INTA
Amendment 50 #

2022/0051(COD)

Proposal for a directive
Recital 19
(19) As regards regulated financial undertakings providing loan, credit, or other financial services, “value chain” with respect to the provision of such services should be limited to the activities of the clients receiving such services, and the subsidiaries thereof whose activities are linked to the contract in question. Cclients that are households and natural persons not acting in a professional or business capacity, as well as small and medium sized undertakings, should not be considered to be part of the value chain. The activities of the companies or other legal entities that are included in the value chain of that client should not be covered.
2022/11/18
Committee: INTA
Amendment 52 #

2022/0051(COD)

Proposal for a directive
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to established business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the value chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company.deleted
2022/11/18
Committee: INTA
Amendment 54 #

2022/0051(COD)

Proposal for a directive
Recital 21
(21) Under this Directive, EU companies with more than 2500 employees on average and a worldwide net turnover exceeding EUR 1540 million and/or a balance sheet of more than EUR 20 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 2510 employees on average and more than EUR 40 million worldwide net turnover, had a net worldwide turnover of more than EUR 700 000 and/or a balance sheet of more than EUR 350 000 in the last financial year preceding the last financial year and, and are publicly listed on the stock exchange or which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, companies operating in such high-impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 , should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. _________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
2022/11/18
Committee: INTA
Amendment 56 #

2022/0051(COD)

Proposal for a directive
Recital 21
(21) Under this Directive, EU companies with more than 2500 employees on average and a worldwide net turnover exceeding EUR 1540 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 40 million700 000 worldwide net turnover in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, companies operating in such high- impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 , should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. _________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
2022/11/18
Committee: INTA
Amendment 58 #

2022/0051(COD)

Proposal for a directive
Recital 22
(22) In order to reflect the priority areas of international action aimed at tackling human rights and, environmental and good governance issues, the selection of high- impact sectors for the purposes of this Directive should be based on existing sectoral OECD due diligence guidance. The following sectors should be regarded as high-impact for the purposes of this Directive: the manufacture of textiles, wearing apparel, fur, leather and related products (including footwear), and the wholesale trade and retail of textiles, clothing and footwear; agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, animal products, wood, food, and beverages; energy, the extraction, transport and handling of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non- metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products). As regards the financial sector, due to its specificities, in particular as regards the value cha construction and related activities and the provision of fin and thecial services offered, even if it is covered by sector-specific OECD guidance, it should not form part of the high-impact sectors covered by this Directive. At the same time, in this sector, the broader coverage of actual and potential adverse impacts should be ensured by also including very large compani, such as loans, credits, financing, pensions, market funding, risk management, payment services, securitisation, insurance or reinsurance services, in the scope that are regulated financial undertakings, even if they do not have a legal form with limited liabilityvestment services and activities, and other financial services.
2022/11/18
Committee: INTA
Amendment 59 #

2022/0051(COD)

Proposal for a directive
Recital 22
(22) In order to reflect the priority areas of international action aimed at tackling human rights and, environmental and good governance issues, the selection of high- impact sectors for the purposes of this Directive should be based on existingthe collection of independent data on and documentation of human rights violations, good governance issues and environmental damages and could in particular be informed by existing and future sectoral OECD due diligence guidance. The following sectors should be regarded as high-impact for the purposes of this Directive: the manufacture of textiles, leather and related products (including footwear), and the wholesale trade of textiles, clothing and footwear; agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages; the extraction of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products). As regards the financial sector, due to its specificities, in particular as regards the value chain and the services offered, even if it is covered by sector-specific OECD guidance, it should not form part of the high-impact sectors covered by this Directive. At the same time, in this; financial services; the mechanical and electronic engineering industry; construction, logistics and infrastructures; oil and gas production, the oil refining sector and auditing and certification. In the financial sector, the broader coverage of actual and potential adverse impacts should be ensured by also including very large companies in the scope that are regulated financial undertakings, even if they do not have a legal form with limited liability.
2022/11/18
Committee: INTA
Amendment 60 #

2022/0051(COD)

Proposal for a directive
Recital 23
(23) In order to achieve fully the objectives of this Directive addressing human rights and adverse environmental, environmental and good governance adverse impacts with respect to companies’ operations, products and services, and those of its subsidiaries and value chains, third-country companies with significant operations in the EU should also be covered. More specifically, the Directive should apply to third-country companies which generated a net turnover of at least EUR 1540 million in the Union in the financial year preceding the last financial year or a net turnover of more than EUR 40 million700 000 but less than EUR 1540 million in the financial year preceding the last financial year in one or more of the high- impact sectors, as of 2 years after the end of the transposition period of this Directive.
2022/11/18
Committee: INTA
Amendment 62 #

2022/0051(COD)

Proposal for a directive
Recital 25
(25) In order to achieve a meaningful contribution to the sustainability transition, due diligence under this Directive should be carried out with respect to adverse human rights impact on protected persons resulting from the violation of one of the rights andany action which removes or reduces the ability of an individual or group to enjoy the rights or to be protected by the prohibitions as enshrined in the international conventions and instruments listed in the Annex to this Directive, which include trade union, workers’ and social rights. In order to ensure a comprehensive coverage of human rights, a violation of a prohibition ornegative impact on the enjoyment of a right not specifically listed in that Annex which directly impairs a legal interest protected in those conventions and instruments should also form part of the adverse human rights impact covered by this Directive, provided that the company concerned could have reasonably established the risk of such impairment and any appropriate measures to be taken in order to comply with the due diligence obligations under this Directive, taking into account all relevant circumstances of their operations, such as the sector and operational context. Due diligence should further encompass adverse environmental impacts on air, water, soil, biodiversity, animal welfare, climate mitigation and adaptation, the transition to a circular economy and impacts resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex to this Directive. Due diligence should also be carried out in relation to adverse good governance impacts, such as on the proper functioning of public administration and services, the rule of law, and democratic electoral systems, and impacts resulting from the violation of one of the prohibitions and obligations pursuant to the international good governance conventions listed in the Annex to this Directive
2022/11/18
Committee: INTA
Amendment 63 #

2022/0051(COD)

Proposal for a directive
Recital 27
(27) In order to conduct appropriate human rights, and environmental and good governance due diligence with respect to their operations, their subsidiaries, and their value chains, companies covered by this Directive should integrate due diligence into corporate policies, identify, prevent and, mitigate, remediate as well as bring to an end and minimistigate the extent of potential and actual adverse human rights and, environmental and good governance impacts, establish and maintaor participate in a complaints procedure, monitor and verify the effectiveness of the taken measures taken in accordance with the requirements that are set up in this Directive and, communicate publicly on their due diligence and consult with affected stakeholders throughout this entire process. In order to ensure clarity for companies, in particular the steps of preventing and mitigating potential adverse impacts and of bringing to an end, or when this is not possible, minimising actual adverse impacts should be clearly distinguished in this Directive.
2022/11/18
Committee: INTA
Amendment 65 #

2022/0051(COD)

Proposal for a directive
Recital 28
(28) In order to ensure that due diligence forms part of companies’ corporate policies, and in line with the relevant international framework, companies should integrate due diligence into all their corporate policies and have in place a due diligence policy. The due diligence policy should contain a description of the company’s approach, including in the long term, to due diligence, a code of conduct describing the rules and principles to be followed by the company’s employees and subsidiaries; a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationships. The code of conduct should apply in all relevant corporate functions and operations, including procurement and purchasing decisions. Companies should also update and publish their due diligence policy annually.
2022/11/18
Committee: INTA
Amendment 66 #

2022/0051(COD)

Proposal for a directive
Recital 29
(29) To comply with due diligence obligations, companies need to take appropriate measures with respect to identification, prevention and bringing to an end adverse impacts. An ‘appropriate measure’ should mean a measure that is capable of achieving the objectives of due diligence, commensurate with the degree of severity and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of action. In this context, in line with international frameworks, the company’s influence over a business relationship should include, on the one hand its ability to persuade the business relationship to take action to bring to an end or prevent adverse impacts (for example through ownership or factual control, market power, pre-qualification requirements, linking business incentives to human rights and, environmental and good governance performance, etc.) and, on the other hand, the degree of influence or leverage that the company could reasonably exercise, for example through cooperation with the business partner in question or engagement with another company which is the direct business partner of the business relationship associated with adverse impact.
2022/11/18
Committee: INTA
Amendment 67 #

2022/0051(COD)

Proposal for a directive
Recital 30
(30) Under the due diligence obligations set out by this Directive, a company should identify actual or potential adverse human rights and environmental impacts. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on meaningful stakeholder engagement and quantitative and qualitative information. For instance, as regards adverse environmental impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in value chains. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way and in regular intervals: prior to a new activity or relationship, prior to major decisions or changes in the operation; in response to or anticipation of changes in the operating environment; and periodically, at least every 12 months, throughout the life of an activity or relationship. Regulated financial undertakings providing loan, credit, or other financial services should identify the adverse impacts only at the inception of the contract. When identifying adverse impacts, companies should also identify and assess the impact of a business relationship’s business model and strategies, including trading, procurement and pricing practices. Where the company cannot prevent, bring to an end or minimize all its adverse impacts at the same time, it should be able to prioritize its action, provided it takes the measures reasonably available to the company, taking into account the specific circumstances.
2022/11/18
Committee: INTA
Amendment 69 #

2022/0051(COD)

Proposal for a directive
Recital 31
(31) In order to avoid undue burden on the smaller companies operating in high- impact sectors which are covered by this Directive, those companies should only be obliged to identify those actual or potential severe adverse impacts that are relevant to the respective sector.deleted
2022/11/18
Committee: INTA
Amendment 72 #

2022/0051(COD)

Proposal for a directive
Recital 33
(33) Under the due diligence obligations set out by this Directive, if a company identifies potential adverse human rights or, environmental or good governance impacts, it should take appropriate measures to prevent and adequately mitigate them. To provide companies with legal clarity and certainty, this Directive should set out the actions companies should be expected to take for prevention and mitigation of potential adverse impacts where relevant depending on the circumstances.
2022/11/18
Committee: INTA
Amendment 73 #

2022/0051(COD)

Proposal for a directive
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, c. Companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a directengage and support business partners with whom they have an established business relationship that it willroughout their ensutire compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ value chain. Thvalue chains in order to obtain assurance, contractual or otherwise, of implementation of the prevention action plan of the company concerned. Possible contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also adapt their business models and strategies, including trading, procurement, purchasing and pricing practices, and make investments which aim to prevent adverse impacts, provide targeted and proportionate support for an SME with which they have an established business relationshippartners, suppliers, including SMEs such as financing, for example, through direct financing, low- interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
2022/11/18
Committee: INTA
Amendment 78 #

2022/0051(COD)

Proposal for a directive
Recital 36
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationship, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success. However, the Directive should also, fFor cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer tocompanies should have the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to. In such a situation, companies should take one of the following actions: either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-termtigation efforts; or to terminate the business relationship with respect to the activities concerned if the potential adverse impactmitigation and ceasing of the impact is made impossible, in particular due to its seveystemic or state-imposed nature. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to suspend or terminate the business relationship in contracts governed by their laws. The suspension or termination of harmful business relationships should be without prejudice to the civil liability of the company for previous damage arising from its failure to comply with the due diligence obligations under this Directive. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.
2022/11/18
Committee: INTA
Amendment 81 #

2022/0051(COD)

Proposal for a directive
Recital 38
(38) Under the due diligence obligations set out by this Directive, if a company identifies actual human rights or, environmental or good governance adverse impacts, it should take appropriate measures to bring those to an end. It can be expected that a company is able to bring to an end actual adverse impacts in their own operations and in subsidiaries. However, it should be clarified that, as regards established business relationships, where adverse impacts cannot be brought to an end, companies should minimistigate the extent of such impacts, whilst pursuing efforts to bring the adverse impact to an end, and implementing a corrective action plan, developed in consultation with affected stakeholders. Minimisation of the extent of adverse impacts should require an outcome that is the closest possible to bringing the adverse impact to an end. To provide companies with legal clarity and certainty, this Directive should define which actions companies should be required to take for bringing actual human rights and environmental adverse impacts to an end and minimisation of their extent, where relevant depending on the circumstances.
2022/11/18
Committee: INTA
Amendment 82 #

2022/0051(COD)

Proposal for a directive
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, cCompanies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Companies should also seek to obtain contractual assurances from a direcengage and support business partners with whom they have an established business relationship that they willroughout their ensutire compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain. Thvalue chains in order to obtain assurance, contractual or otherwise, of implementation of the company’s corrective action plan. Possible contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, companies should also make investments aiming at ceasing or minimistigating the extent of adverse impact, provide targeted and proportionate support for anpartners and suppliers, including SMEs with which they have an established business relationship and collaborate with other entities, including, where relevant, to increase the company’s ability to bring the adverse impact to an end.
2022/11/18
Committee: INTA
Amendment 86 #

2022/0051(COD)

Proposal for a directive
Recital 41
(41) In order to ensure that bringing actual adverse impacts to an end or minimising them is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationship, as a last resort action after attempting at bringing actual adverse impacts to an end or minimising them without success. However, this Directive should also, fFor cases where actual adverse impacts could not be brought to an end or adequately mitigated by the described measures, refer tocompanies should have the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to. In such situations, companies should take one of the following actions: either temporarily suspend commercial relationships with the partner in question, while pursuing efforts to bring to an end or minimise the extent oftigate the adverse impact, or terminate the business relationship with respect to the activities concerned, if the adverse impact is considered sevemitigation and ceasing of the impact is made impossible, in particular due to its systemic or state-imposed nature. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to suspend or terminate the business relationship in contracts governed by their laws. The suspension or termination of a harmful business relationship should be without prejudice to the civil liability of the company for previous damage arising from its failure to comply with the due diligence obligations under this Directive.
2022/11/18
Committee: INTA
Amendment 88 #

2022/0051(COD)

Proposal for a directive
Recital 42
(42) Companies should provide the possibility forestablish or participate in effective mechanisms that can be used by persons and organisations to easily submit complaints directly to them in case of legitimate concerns regarding actual or potential human rights and, environmental and good governance adverse impacts. Organisations who could submit such complaints should include trade unions and other workers’ representatives representing individuals working in the value chain concerned and civil society organisations active in the areas related to the value chain concerned where they have knowledge about a potential or actual adverse impact, and legal and natural persons defending human rights and the environment. Companies should establish a procedure for dealing with those complaints and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Companies should provide the possibility of submitting complaints through collaborative agreements with other companies or organisations, by participating in multi- stakeholder grievance mechanisms or joining a global framework agreement. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies, nor should the former be a prerequisite before seeking judicial remedies. In accordance with international standards, complainants should be entitled to requestceive from the company appropriate follow-up on the complaint and to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint. This access should not lead to unreasonable solicitations of companies. Companies should also be responsible for ensuring that any complainants are protected from potential retaliation and retribution, for instance by ensuring anonymity or confidentiality in the complaints process. The complaints procedure should be legitimate, accessible, predictable, safe, equitable, transparent, rights-compatible and adaptable asset out in the effectiveness criteria for non-judicial grievance mechanisms in Principle 31 of the United Nations Guiding Principles on Business and Human Rights and the United Nations Committee on the Rights of the Child General Comment No 16.
2022/11/18
Committee: INTA
Amendment 92 #

2022/0051(COD)

Proposal for a directive
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodongoing and dynamic assessments of their own operations, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitig, mitigation and remediation of human rights and environmental adverse impacts. Such assessments should verify that potential or actual adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
2022/11/18
Committee: INTA
Amendment 94 #

2022/0051(COD)

Proposal for a directive
Recital 46
(46) In order to provide support and practical tools to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, using relevant international guidelines and standards as a reference, and in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, should have the possibility to issue guidelines, including for specific sectors or specific adverse impacthe following aspects: specific adverse impacts, including adverse impacts on good governance; full mapping of companies’ value chains and efficient processes to monitor partners’ behaviours throughout the entire value chain; responsible and sustainable trading, purchasing and pricing policies; facilitation of access to justice for victims, including regarding collective redress, representative actions, non-discriminatory costs of proceedings and appropriate limitation periods; prevention and mitigation of retaliation risks faced by stakeholders, including human rights and environmental rights defenders, as a result of their participation; implementation of heightened due diligence in conflict-affected areas, occupation situations, and non-self- governing territories; responsible disengagement from harmful business relationships; methodology and criteria to be used by supervisory authorities to make decisions related to administrative sanctions and nature and harmonisation of effective, proportionate and dissuasive sanctions; assessing the integrity and fitness of industry schemes and multi- stakeholder initiatives, in particular the inclusion of the perspectives of civil society and stakeholders in audits.
2022/11/18
Committee: INTA
Amendment 96 #

2022/0051(COD)

Proposal for a directive
Recital 47
(47) Although SMEs are not included in the scope of this Directive, they could be impacted by its provisions as contractors or subcontractors to the companies which are in the scope. The aim is nevertheless to mitigate financial or administrative burden on SMEs, many of which are already struggling in the context of the global economic and sanitary crisis. In order to support SMEs, Member States should set up and operate, either individually or jointly, dedicated websites, portals or platforms, and Member States could also financially support SMEs and help them build capacity. Such support should also be made accessible, and where necessary adapted and extended to upstream economic operators in third countries. Companies whose business partner is an SME, are also encouraged to support them to comply with due diligence measures, in case such requirements would jeopardize the viability of the SME and use fair, reasonable, non-discriminatory and proportionate requirements vis-a-vis the SMEs.
2022/11/18
Committee: INTA
Amendment 99 #

2022/0051(COD)

Proposal for a directive
Recital 49
(49) The Commission and Member States should continue to work in partnership with third countries to support upstream economic operators build the capacity to effectively prevent and mitigate adverse human rights and, environmental and good governance impacts of their operations and business relationships, paying specific attention to the challenges faced by smallholders. They should use their neighbourhood, development and international cooperation instruments to support third country governments and upstream economic operators in third countries addressing adverse human rights and, environmental and good governance impacts of their operations and upstream business relationships. This could include working with partner country governments, the local private sector and stakeholders on addressing the root causes of adverse human rights and, environmental and good governance impacts.
2022/11/18
Committee: INTA
Amendment 104 #

2022/0051(COD)

Proposal for a directive
Recital 57
(57) As regards damages occurring at the level of established indirect business relationships, the liability of the company should be subject to specific conditions. The company should not be liable if it carried out specific due diligence measures. However, it should not be exonerated from liability through implementing such measures in case it was unreasonable to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the adverse impact. In addition, in the assessment of the existence and extent of liability, due account is to be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided as well as any collaboration with other entities to address adverse impacts in its value chains.
2022/11/18
Committee: INTA
Amendment 107 #

2022/0051(COD)

Proposal for a directive
Recital 61
(61) In order to ensure that victims of human rights and, environmental and good governance harms can bring an action for damages and claim compensation for damages arising due to a company’s failure to comply with the due diligence obligations stemming from this Directive, even where the law applicable to such claims is not the law of a Member State, as could be for instance be the case in accordance with international private law rules when the damage occurs in a third country, this Directive should require Member States to ensure that the liability provided for in provisions of national law transposing this Article is of overriding mandatory application in cases where the law applicable to claims to that effect is not the law of a Member State.
2022/11/18
Committee: INTA
Amendment 110 #

2022/0051(COD)

(71) The objective of this Directive, namely, to promote the respect for and protection of human rights, the environment and good governance worldwide, in line with the Treaty on European Union and the Treaty on the Functioning of the European Union and making sure that products and services placed in the market have not involved violations of human right, environmental rights and good governance and better exploiting the potential of the single market to contribute to the transition to a sustainable economy and contributing to sustainable development through the prevention and mitigation of potential or actual human rights and, environmental and good governance adverse impacts in companies’ value chains, cannot be sufficiently achieved by the Member States acting individually or in an uncoordinated manner, but can rather, by reason of the scale and effects of the actions, be better achieved at Union level. In particular, addressed problems and their causes are of a transnational dimension, as many companies are operating Union wide or globally and value chains expand to other Member States and to third countries. Moreover, individual Member States’ measures risk being ineffective and lead to fragmentation of the internal market. Therefore, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
2022/11/18
Committee: INTA
Amendment 118 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impactson human rights, the environment and good governance, with respect to their own operations, the operationsproducts and services and those of their subsidiaries, and the value chain operations carried out by entities with whom the company has an established business relationship and
2022/11/18
Committee: INTA
Amendment 119 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) The rules provided for under this Directive are aimed at ensuring that companies fulfill their duty to respect human rights, the environment and good governance and that those affected by a failure to respect this duty have access to justice.
2022/11/18
Committee: INTA
Amendment 123 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
The nature of business relationships as ‘established’ shall be reassessed periodically, and at least every 12 months.deleted
2022/11/18
Committee: INTA
Amendment 131 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 3
3. This Directive shall be without prejudice to obligations in the areas of human rights, good governance, protection of the environment and climate change under other Union legislative acts. If the provisions of this Directive conflict with a provision of another Union legislative act pursuing the same objectives and providing for more extensive or more specific obligations, the provisions of the other Union legislative act shall prevail to the extent of the conflict and shall apply to those specific obligations.
2022/11/18
Committee: INTA
Amendment 139 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point a
(a) the company had more than 2500 employees on average and had a net worldwide turnover of more than EUR 1540 million in the last financial year for which annual financial statements have been prepared;
2022/11/18
Committee: INTA
Amendment 141 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point a a (new)
(a a) the company did not reach the thresholds under point (a) but is publicly listed on the stock exchange and had more (a a) the company did not reach the thresholds under point (a) but is publicly listed on the stock exchange and had more than 10 employees on average and had a net worldwide turnover of more than EUR 700 000 and/or a balance sheet of more than EUR 350 000 in the last financial year for which annual financial statements have been prepared; than 10 employees on average and had a net worldwide turnover of more than EUR 700 000 and/or a balance sheet of more than EUR 350 000 in the last financial year for which annual financial statements have been prepared;
2022/11/18
Committee: INTA
Amendment 145 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholdfulfil one of the conditions under point (a) and point (b), but had more than 2510 employees on average and had a net worldwide turnover of more than EUR 40 million700 000 and/or a balance sheet of more than EUR 350 000 in the last financial year for which annual financial statements have been prepared, provided that at least 50% of thits net turnover was generated in one or more of the following sectors:
2022/11/18
Committee: INTA
Amendment 147 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholds under point (a), but had more than 250 employees on average and had a net worldwide turnover of more than EUR 40 million700 000 in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnover was generated in one or more of the following sectors:
2022/11/18
Committee: INTA
Amendment 152 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – point i
(i) the manufacture of textiles, wearing apparel, fur, leather and related products (including footwear), and the wholesale trade and retail of textiles, clothing and footwear;
2022/11/18
Committee: INTA
Amendment 156 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – point ii
(ii) agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, animal products, wood, food, and beverages;
2022/11/18
Committee: INTA
Amendment 161 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – point iii
(iii) energy, the extraction, transport and handling of mineral resources regardless from where they are extracted (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products).
2022/11/18
Committee: INTA
Amendment 163 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – point iii a (new)
(iii a) the mechanical and electronic engineering industry;
2022/11/18
Committee: INTA
Amendment 164 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – point iii a (new)
(iii a) construction and related activities;
2022/11/18
Committee: INTA
Amendment 166 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – point iii b (new)
(iii b) the provision of financial services, such as loans, credits, financing, pensions, market funding, risk management, payment services, securitisation, insurance or reinsurance, investment services and activities and other financial services;
2022/11/18
Committee: INTA
Amendment 167 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – point iii b (new)
(iii b) construction, logistics and infrastructures;
2022/11/18
Committee: INTA
Amendment 169 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – point iii c (new)
(iii c) oil and gas production and oil refining sector;
2022/11/18
Committee: INTA
Amendment 171 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – point iii d (new)
(iii d) auditing and certification.
2022/11/18
Committee: INTA
Amendment 190 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 2 – point a
(a) generated a net turnover of more than EUR 1540 million in the Union in the financial year preceding the last financial year;
2022/11/18
Committee: INTA
Amendment 194 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 2 – point b
(b) generated a net turnover of more than EUR 40 million700 000 but not more than EUR 1540 million in the Union in the financial year preceding the last financial year, provided that at least 50% of its net worldwide turnover was generated in one or more of the sectors listed in paragraph 1, point (b).
2022/11/18
Committee: INTA
Amendment 201 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
(e) ‘business relationship’ of a company means a relationship with a contractor, subcontractor or any other legal entities (‘partner’)between that company or one of its subsidiaries on the one hand and any other legal entities or individuals (‘partner’) within their value chain on the other hand
2022/11/18
Committee: INTA
Amendment 213 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g
(g) ‘value chain’ means activities related to the production of goods or the provision of services by a company or its subsidiaries, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities; or its subsidiaries.
2022/11/18
Committee: INTA
Amendment 215 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g
(g) ‘value chain’ means activities related toll upstream and downstream activities, operations, including marketing and advertising, related to, and entities involved in, the production and supply of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
2022/11/18
Committee: INTA
Amendment 221 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point j
(j) ‘industry initiative or multi- stakeholder initiative’ means a (j) combination of voluntary value chain due diligence procedures, best practices, tools and mechanisms, including independent third- party verifications, developed and overseen by the European Commission, governments, industry associations or groupings of interested organisations;
2022/11/18
Committee: INTA
Amendment 226 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, workers and their representatives, trade unions, local communities, indigenous people, human rights and environmental rights defenders, civil society organisations, company’s shareholders and other individuals, groups, communities or entities whose rights or interests are or could be affected by the potential or actual adverse impacts on human rights, the environment and good governance caused by the products, services and operations of that company, its subsidiaries and its business relationships; across the entire value chain;
2022/11/18
Committee: INTA
Amendment 233 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point q
(q) ‘appropriate measure’ means a measure that is capable of achieving the objectives of due diligence, commensurate with in a manner proportionate to the degree of severity and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including the nature of the adverse impact, characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of action, the nature of the company’s specific activities, products and services, and the specific business relationship.
2022/11/18
Committee: INTA
Amendment 274 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimistigated by the measures provided for in paragraphs 3, 4 and 5 or any other means and where there is no reasonable prospect of change, the company shall refrain from entering into new or extending existing relations with the partner in connection to or in the value chain of which the impact has arisen and shall, where the law governing their relations so entitles them to, take one of the following actions:
2022/11/18
Committee: INTA
Amendment 279 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point a
(a) temporarily suspend commercial relationships with the partner in question, while pursuing efforts to bring to an end or minimistigate the extent of the adverse impact, or
2022/11/18
Committee: INTA
Amendment 280 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point a a (new)
(a a) engage in a timely manner, efficiently and meaningfully with stakeholders impacted by the decision to suspend or terminate the relationship before reaching such decision;
2022/11/18
Committee: INTA
Amendment 283 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point b
(b) terminate the business relationship with respect to the activities concerned, if the adverse impact is considered sevewhere mitigation and ceasing of the impact is made impossible, in particular by its systemic or state-imposed nature.
2022/11/18
Committee: INTA
Amendment 285 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
(b a) provide for remediation of past adverse impacts pursuant to paragraph 3, point (a)
2022/11/18
Committee: INTA
Amendment 286 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point b b (new)
(b b) identify, prevent and mitigate the potential or actual adverse impacts related to the suspension or termination of the relationship and cooperate to remediate the impact arising from disengagement.
2022/11/18
Committee: INTA
Amendment 290 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Member States shall provide for the availability of an option to suspend or terminate the business relationship in contracts governed by their laws.
2022/11/18
Committee: INTA
Amendment 293 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility forestablish or participate in effective mechanisms that can be used by persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerns regarding actual or potential adverse human rights impacts and adverse environmental, environmental impacts or good governance impacts with respect to their own operations, the operations of their subsidiaries and their value chains. Member States shall ensure that companies are able to provide such a possibility to submit complaints through collaborative arrangements with other companies or organisations, by participating in multi-stakeholder grievance mechanisms or joining a Global Framework Agreement. The complaint procedure shall be safe, legitimate, accessible and equitable, and shall provide for the possibility to raise complaints anonymously and confidentially. Recourse to such procedures shall not preclude claimants from having access to judicial mechanisms.
2022/11/18
Committee: INTA
Amendment 308 #

2022/0051(COD)

Proposal for a directive
Recital 21
(21) Under this Directive, EU companies with more than 2500 employees on average andor a worldwide net turnover exceeding EUR 1540 million and/ or a balance sheet of more than EUR 20 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 2510 employees on average or and more than EUR 40 million worldwide net turnoverhad a net worldwide turnover of more than EUR 700 000 and/ or a balance sheet of more than EUR 350 000 in the last financial year preceding the last financial year and, are publicly listed on the stock exchange or which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, companies operating in such high-impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 , should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. _________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
2022/10/27
Committee: AFET
Amendment 312 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point a
(a) persons who are affected or have reasonable grounds to believe that they might be affected by an adverse impactindividuals, groups, communities or entities whose rights or interests are or could be affected by the products, services and operations of that company, its subsidiaries and its business relationships throughout the entire value chain,
2022/11/18
Committee: INTA
Amendment 317 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point b
(b) the company’s employees, the employees of its subsidiaries, workers; trade unions and other workers’ representatives, including those representing individuals working in the value chain concerned,
2022/11/18
Committee: INTA
Amendment 326 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point c
(c) civil society organisations active in the areas related to the value chain concerned., and
2022/11/18
Committee: INTA
Amendment 327 #

2022/0051(COD)

(c a) legal or natural persons defending human rights, good governance and the environment.
2022/11/18
Committee: INTA
Amendment 331 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 3
3. Member States shall ensure that the companies establish a safe procedure for dealing with complaints referred to in paragraph 1, including a procedure when the company considers the complaint to be unfounded, by ensuring that complaints are anonymous and confidential; and inform the relevant workers and trade unions of those procedures. Member States shall ensure that where the complaint is well-founded, the adverse impact that is the subject matter of the complaint is deemed to be identified within the meaning of Article 6.
2022/11/18
Committee: INTA
Amendment 333 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 – point a
(a) to requestceive timely and appropriate follow-up on the complaint from the company with which they have filed a complaint pursuant to paragraph 1, providing substantiated reasoning as to whether a claim has been considered founded or unfounded, and
2022/11/18
Committee: INTA
Amendment 334 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 – point a a (new)
(a a) Member States shall ensure that supervisory authorities are empowered to issue guidance to companies and other actors responsible for developing and administering complaints mechanisms, including in relation to their compliance with the criteria set out in this Article, in line with relevant international standards.
2022/11/18
Committee: INTA
Amendment 343 #

2022/0051(COD)

Proposal for a directive
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States, representative SME organisations, business organisations and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, the European Labour Authority and where appropriate with international bodies having expertise in due diligence, mayshall issue guidelines, including for specific sectors or specific adverse impacts or contexts, such as situations of conflict or occupation. The Commission may also issue guidelines on responsible and sustainable trading, purchasing and pricing practices, as well as responsible disengagement from harmful business relationships, assessing the integrity and fitness of industry schemes and multi-stakeholder initiatives and implementation of heightened due diligence in conflict-affected areas, occupation situations, and non-self- governing territories.
2022/11/18
Committee: INTA
Amendment 357 #

2022/0051(COD)

Proposal for a directive
Article 14 – paragraph 3
3. The Commission mayshall complement Member States’ support measures building on existing Union action to support due diligence in the Union and in third countries and mayshall devise new measures, including facilitation of joint stakeholder initiatives to help companies fulfil their obligations and enable stakeholders to exercise their rights. The Commission and Member States shall develop and strengthen cooperation and partnership mechanisms with third countries to address the root causes of adverse impacts on human rights, the environment and good governance, and build the capacity of upstream economic actors to comply with the requirements under this Directive.
2022/11/18
Committee: INTA
Amendment 360 #

2022/0051(COD)

Proposal for a directive
Article 14 – paragraph 3 a (new)
3 a. The Commission and European Union delegations in third countries shall complement Member States’ support measures in order to help stakeholders exercise their rights, including the submission of substantiated concerns pursuant to Article 19 and of civil claims pursuant to Article 22. Union Delegations shall be mandated to and provided with adequate resources to fulfil that facilitation and support role.
2022/11/18
Committee: INTA
Amendment 366 #

2022/0051(COD)

Proposal for a directive
Article 14 – paragraph 4
4. Companies may rely onuse credible industry schemes and multi-stakeholder initiatives to support the implementation of their obligations referred to in Articles 5 to 11 of this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. The Commission and the Member States may facilitate the dissemination of information on the precise scope, alignment with this Directive, and credibility of such schemes or initiatives and their outcome. The Commission, in collaboration with Member States, mayshall issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives. The company shall be responsible for assessing the reliability and quality of any industry initiative that they use.
2022/11/18
Committee: INTA
Amendment 373 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point a
(a) the company had more than 2500 employees on average andor had a net worldwide turnover of more than EUR 1540 million and/ or a balance sheet of more than 20 million in the last financial year for which annual financial statements have been prepared;
2022/10/27
Committee: AFET
Amendment 374 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 1 – point a
(a) they or a company under their control failed to comply with the obligations laid down in Articles 7 and 8this Directive and;
2022/11/18
Committee: INTA
Amendment 375 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point a a (new)
(a a) the company did not reach the thresholds under point (a) but is publicly listed on the stock exchange and had more than 10 employees on average or had a net worldwide turnover of more than EUR 700 000 and/ or a balance sheet of more than EUR 350 000 in the last financial year for which annual financial statements have been prepared
2022/10/27
Committee: AFET
Amendment 377 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 1 – point b
(b) as a result of this failure the company or a company under their control caused or contributed to an adverse impact that should have been identified, prevented, mitigated, brought to an end, remedied or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurredthis Directive and led to damage.
2022/11/18
Committee: INTA
Amendment 380 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholdfulfil one of the conditions under point (a) and point (b), but had more than 2510 employees on average andor had a net worldwide turnover of more than EUR 40 million700 000 and/ or a balance sheet of more than EUR 350 000 in the last financial year for which annual financial statements have been prepared, provided that at least 50% of thits net turnover was generated in one or more of the following sectors:
2022/10/27
Committee: AFET
Amendment 382 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – point i
(i) the manufacture of textiles, wearing apparel, leather and related products (including footwear), and the wholesale trade and retail of textiles, clothingwearing apparel and footwear;
2022/10/27
Committee: AFET
Amendment 388 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall notshall be liable for damages caused by an adverse impact arising as a result of the activities of an indirect partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequatethe company can prove that it has complied with its obligations as laid down in the directive and that it took and implemented effective and appropriate measures to prevent, mitigate, bring to an end or minimise the extent of the adverse impact.
2022/11/18
Committee: INTA
Amendment 407 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
(e) ‘business relationship’ of a company means a relationship with a contractor, subcontractor or any other legal entities (‘partner’)between that company or one of its subsidiaries on the one hand and any other legal entities or individuals (‘partner’) within their value chain on the other hand
2022/10/27
Committee: AFET
Amendment 410 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point e – point i
(i) with whom the company has a commercial agreement or to whom the company provides financing, insurance or reinsurance, ordeleted
2022/10/27
Committee: AFET
Amendment 411 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
(ii) that performs business operations related to the products or services of the company for or on behalf of the company;deleted
2022/10/27
Committee: AFET
Amendment 411 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – introductory part
No later than … [OP please insert the date = 75 years after the date of entry into force of this Directive], the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive. The report shall evaluate the effectiveness of this Directive in reaching its objectives and assess the following issues:
2022/11/18
Committee: INTA
Amendment 414 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g
(g) ‘value chain’ means activities related to the production of goods or the provision of services by a company or its subsidiaries, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities; or its subsidiaries.
2022/10/27
Committee: AFET
Amendment 416 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point a
(a) whether the thresholds regarding the number of employeeworkers and net turnover laid down in Article 2(1) need to be lowered;
2022/11/18
Committee: INTA
Amendment 425 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point d
(d) whether Articles 4 to 14 should be extended to adverse climatditional adverse environmental, climate, biodiversity, human rights or animal welfare impacts.
2022/11/18
Committee: INTA
Amendment 427 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point d a (new)
(d a) the achievement of the objectives of this Directive, including the convergences in the implementation of measures between the Member States.
2022/11/18
Committee: INTA
Amendment 460 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – introductory part
2. Companies shall be required to take appropriate measures, including but not limited to the following actions, where relevant:
2022/10/27
Committee: AFET
Amendment 482 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – introductory part
3. Companies shall be required to take appropriate measures, including but not limited to the following actions, where relevant:
2022/10/27
Committee: AFET
Amendment 485 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point a
(a) neutraliscease and mitigate the adverse impact or minimise its extent, including by the payment ofand, where it identifies that it has caused or contributed to these impacts throughout its value chain, provide for or cooperate with full remediation of the damages caused to the affected persons and of financial compensation to the affected communities. The action shall be proportionate to the significance and scale of the adverse impact and to theor communities. The remedy may include financial or non-financial compensation, apologies, restitutions, restorations and rehabilitation. The obligation to provide for remedy shall be fairly shared between the company and the partner causing or contribution ofng to the coimpany’s conduct to the adverse impact;ct, while ensuring full remedy. The parameters of remedial actions shall be determined on the basis of:
2022/10/27
Committee: AFET
Amendment 490 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point a – point i (new)
i) the nature and severity of the adverse impact;
2022/10/27
Committee: AFET
Amendment 580 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall notshall be liable for damages caused by an adverse impact arising as a result of the activities of an indirect partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequatethe company can prove that it has complied with its obligations as laid down in the directive and that it took and implemented effective and appropriate measures to prevent, mitigate, bring to an end or minimise the extent of the adverse impact.
2022/10/27
Committee: AFET
Amendment 592 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – point 7
7. Violation of the right to enjoy just and favourable conditions of work including a fair wage,remuneration that provides for a decent living, safe and healthy working conditions and reasonable limitation of working hours. This includes both the right to a fair wage for employees and the right to living income for self-employed workers and smallholders in accordance with Article 7 of the International Covenant on Economic, Social and Cultural Rights;
2022/10/27
Committee: AFET
Amendment 600 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – point 21
21. Violation of a prohibition or right not covered by points 1 to 201 above but included in the human rights agreements listed in Section 2 of this Part, which directly impairs a legal interest protected in those agreements, provided that the company concerned could have reasonably established the risk of such impairment and any appropriate measures to be taken in order to comply with the obligations referred to in Article 4 of this Directive taking into account all relevant circumstances of their operations, such as the sector and operational context.
2022/10/27
Committee: AFET
Amendment 612 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – indent 23 a (new)
- United Nations Code of Conduct for Law Enforcement Officials;
2022/10/27
Committee: AFET
Amendment 614 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – indent 23 b (new)
- United Nations Protocol against the Smuggling of Migrants by Land, Sea and Air supplementing the United Nations Convention against Transnational Organized Crime;
2022/10/27
Committee: AFET
Amendment 616 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – indent 23 c (new)
- The European Convention on The Legal Status of Migrant Workers;
2022/10/27
Committee: AFET
Amendment 618 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – indent 23 d (new)
- Council of Europe Convention on preventing and combating violence against women and domestic violence;
2022/10/27
Committee: AFET
Amendment 3 #

2021/2204(INI)

Motion for a resolution
Citation 20 a (new)
— having regard to its recommendation of 17February 2022 to the Council and the Vice-President of the Commission/High-Representative of the Union for Foreign Affairs and Security Policy concerning corruption and human rights,
2022/11/21
Committee: AFET
Amendment 4 #

2021/2204(INI)

Motion for a resolution
Citation 20 b (new)
— having regard to its resolution of 28 September 2022 on the outcome of the Commission’s review of the 15-point action plan on trade and sustainable development,
2022/11/21
Committee: AFET
Amendment 13 #

2021/2204(INI)

Motion for a resolution
Recital D
D. whereas the EU has developed a wide range of instruments to support HRDs, from coordination tools to financial aid; whereas the European Instrument for Democracy and Human Rights (EIDHR) was previously the main EU financial instrument used to support HRDs, including through both emergency grants and the EU’s HRD protection mechanism, ProtectDefenders.eu; whereas the EIDHR has been replaced by a thematic programme on human rights and democracy as part of the Global Europe: Neighbourhood, Development and International Cooperation Instrument (NDICI); whereas the EP has called for greater transparency regarding human rights provisions in financing agreements under the NDICI and clarification on the mechanism and criteria for suspending such agreements in the event of a breach of human rights, democracy principle and the rule of law;
2022/11/21
Committee: AFET
Amendment 19 #

2021/2204(INI)

Motion for a resolution
Recital F a (new)
F a. whereas the European Commission’s Trade and Sustainable Development (TSD) review foresees an increased monitoring of the TSD commitments in trade agreements, a strengthened role for civil society, and the strengthening of enforcement of trade agreements by means of trade sanctions;
2022/11/21
Committee: AFET
Amendment 21 #

2021/2204(INI)

Motion for a resolution
Recital G
G. whereas the new EU global human rights sanctions regime allows the EU to target serious human rights violations and abuses worldwide; whereas the European Commission has announced its extension to include targeted sanctions for corruption crimes;
2022/11/21
Committee: AFET
Amendment 25 #

2021/2204(INI)

Motion for a resolution
Recital H a (new)
H a. whereas human rights defenders are increasingly targeted worldwide by abusive lawsuits brought forward by powerful actors such as companies or public officials in their private capacity, in order to censor their work, silence and harass them; whereas these so-called Strategic lawsuits against public participation (SLAPPs) have seen a significant increase worldwide and risk having a severe ‘chilling effect’ on those seeking to exercise their rights freely;
2022/11/21
Committee: AFET
Amendment 26 #

2021/2204(INI)

Motion for a resolution
Recital H b (new)
H b. whereas human rights defenders are increasingly targeted on the territories of Member States, where they have found shelter or asylum, by authoritarian regimes, through the latter's embassies, diplomatic missions and staff, law enforcement officials and other proxies operating to intimidate and threaten human rights defenders; whereas this illegal transnational repressive mechanism violates the territorial integrity of EU Member States and threatens their sovereignty;
2022/11/21
Committee: AFET
Amendment 48 #

2021/2204(INI)

Motion for a resolution
Paragraph 5
5. Calls for the EU to put its ambitious rhetoric and HRD policy framework into practice through concrete and effective action, in particular in its relations with authoritarian regimes and in places where the EU and the Member States have substantial commercial, energy, security, migratory and other interests;
2022/11/21
Committee: AFET
Amendment 49 #

2021/2204(INI)

Motion for a resolution
Paragraph 6
6. Calls for the Guidelines to be linked to the EU global human rights sanctions regime extended to corruption abuses, and for systematic attacks on HRDs to lead to listing, including those involved in anti- corruption activities, to lead to listing of individuals and entities responsible under this regime;
2022/11/21
Committee: AFET
Amendment 60 #

2021/2204(INI)

Motion for a resolution
Paragraph 10
10. Regrets, however, the fact that, due to the voluntarist nature of the Guidelines, the intensity and quality of EU delegations’ engagement with and on HRDs vary considerably from country to country and are in practice largely dependent on the local political context or the individual dedication and political will of the specific EU ambassador or staff in question, or of the officials at the EEAS and Commission headquarters; calls for greater consistency and a strategic overall approach in this regard and for a firm personal commitment by the VP/HR to ensuring the consistent implementation of the Guidelines across all delegations, particularly in the countries where HRDs are most at risk; calls for qualitative and quantitative indicators related to the implementation of the Guidelines and engagement with HRDs to be included in performance review mechanisms of EU delegations and staff;
2022/11/21
Committee: AFET
Amendment 70 #

2021/2204(INI)

Motion for a resolution
Paragraph 12
12. Welcomes the regular training on human rights, including on HRD policy, for staff members working as focal points in both the political and cooperation sections of EU delegations; is, however, concerned by reports that awareness and knowledge of the Guidelines remain inadequate; calls for this training to be expanded and made mandatory in order to ensure harmonisation between EU delegations;
2022/11/21
Committee: AFET
Amendment 96 #

2021/2204(INI)

Motion for a resolution
Paragraph 18 – indent 5
- the systematic challenging of laws that criminalise or restrict the legitimate work of HRDs, and/or are frequently used to harass and intimidate HRDs, including through strategic law suits against public participation (SLAPPs);
2022/11/21
Committee: AFET
Amendment 97 #

2021/2204(INI)

Motion for a resolution
Paragraph 18 – indent 7
- assistance to develop independent mechanisms to investigate complaints of threats or violations against HRDs and prosecute those responsible in a prompt and effective manner;
2022/11/21
Committee: AFET
Amendment 124 #

2021/2204(INI)

Motion for a resolution
Paragraph 24
24. Calls on the EEAS, the Commission and the Member States to address the threats against and attacks on HRDs by non-governmental actors, including businesses or groups mandated by them, criminal groups and local communities, as well as threats in conflict and transition settings; underlines that it is always the state’s responsibility to ensure the safety of HRDs and their ability to work in an enabling environment, including when the threats and reprisals come from non-state actors; urges the EU to integrate violence against HRDs into its crisis management policy and provide an effective protection response to HRDs in need of relocation in crisis situations;
2022/11/21
Committee: AFET
Amendment 130 #

2021/2204(INI)

Motion for a resolution
Paragraph 25
25. Calls on the EEAS, the Commission and the Member States to prioritise the fight against the misuse of surveillance technology to undermine the work of HRDs, particularly through the development of robust national and international legislation and, in the immediate future, the adoption of a global moratorium on the sale and; calls for the EU and its Member States to ensure effective human rights due diligence and proper vetting of any exports or transfers of suchEuropean surveillance technology;
2022/11/21
Committee: AFET
Amendment 134 #

2021/2204(INI)

Motion for a resolution
Paragraph 26
26. Believes that, in the light of the large and growing number of threats and attacks faced by HRDs who raise concerns about the adverse human rights impacts of business operations, the EU should coherently integrate the promotion and protection of the rights of HRDs, particularly trade union representatives and defenders of land, indigenous peoples’ rights and the environment, into its corporate sustainability due diligence directive, and its trade agreements and instruments, such as the Generalised Scheme of Preferences (GSP);
2022/11/21
Committee: AFET
Amendment 137 #

2021/2204(INI)

Motion for a resolution
Paragraph 26 a (new)
26 a. Underlines the role of the Domestic Advisory Groups(DAGs) in the monitoring of TSD commitments in trade agreements; is concerned about reports that Human Rights and Environmental Rights Defenders have been barred from joining DAGs by governments of preferential trade partners; calls for sufficient financial resources and technical assistance to be allocated to DAGs to enable them to properly carry out their tasks;
2022/11/21
Committee: AFET
Amendment 138 #

2021/2204(INI)

Motion for a resolution
Paragraph 26 b (new)
26 b. Stresses that attacks on and harassment of HRDs by public authorities of GSP beneficiaries must be taken into account when assessing compliance with the obligations imposed by the Scheme and therefore when deciding on the continuation of trade preferences;
2022/11/21
Committee: AFET
Amendment 139 #

2021/2204(INI)

Motion for a resolution
Paragraph 27
27. Calls for the EU to align its HRD strategies with the UN Guiding Principles on Business and Human Rights; underlines that EU delegations and Member States should prioritise engaging with the business community, and particularly European companies and their subsidiaries abroad, in order to protect HRDs working on land, extraction and, manufacturing concerns and monitor and otheir operations, especially in situationsectors involving a high risk or numerous reports of human rights violations relating toand to monitor their operations; insists that EU delegations should facilitate and support their activitiecession of HRDs to judicial remedy in the EU for violation of their rights;
2022/11/21
Committee: AFET
Amendment 143 #

2021/2204(INI)

Motion for a resolution
Paragraph 28
28. Calls on the Commission to ensure that criteria concerning violations against HRDs working on business and labour isks of reprisals and retaliation and other risks concerning violations against HRDs are included in the risks identification and assues are included among the indicators for due diligence risk assessmentssment phase of companies in their due diligence process; calls on the Commission to ensure that companies systematically engage with HRDs and guarantee their safe participation;
2022/11/21
Committee: AFET
Amendment 145 #

2021/2204(INI)

Motion for a resolution
Paragraph 29
29. Highlights the increasing phenomenon of transnational threats against HRDs by their national authorities or proxies, including in Member States; calls on the Commission and the Member States to identify and tackle these threats within the EU as a priority and as an integral aspect of the Guidelines; urges the Commission and the Member States to provide foreign HRDs residing in the EU with adequate financial and other means to enable them to continue their human rights work remotely; , including trainings and programs on cybersecurity and cyber harassment, to protect them from transnational threats and enable them to continue their human rights work remotely; calls for increased training and resources to be provided to law enforcement authorities in the EU to facilitate reporting, investigations and attribution of these transnational attacks, as well as sanction of those responsible; underlines that officials and agents of authoritarian third countries harassing HRDs in the EU, as well as local enablers - individuals or entities - should be summoned, exposed and sanctioned;
2022/11/21
Committee: AFET
Amendment 183 #

2021/2204(INI)

Motion for a resolution
Paragraph 45 a (new)
45 a. Calls for the revised Guidelines to address the persisting impunity for human rights violations committed against human rights defenders and to promote the duty to investigate promptly, thoroughly and effectively allegations of violations by State and non-State actors, based on the regulatory framework on the right to access to justice, including due diligence in investigations by the UN Special Rapporteur on the situation of human rights defenders;
2022/11/21
Committee: AFET
Amendment 197 #

2021/2204(INI)

Motion for a resolution
Paragraph 52
52. Calls on the EEAS and the Commission to systematically consult civil society representatives and HRDs prior to any human rights dialogue, for the consultation to be genuine, and for these interlocutors to be debriefed thereafterccessible and inclusive, before EU positions are formulated, and for these interlocutors to be debriefed thereafter; calls for more detailed, transparent information on dialogues agendas, content and benchmarks for civil society to be able to contribute with input and comments on progress, and for parliamentary oversight to be carried out adequately; reiterates the need for a systematic and firm EU response to any act of reprisal against HRDs that occurs after they have attended EU events or that is connected to contact with EU interlocutors;
2022/11/21
Committee: AFET
Amendment 202 #

2021/2183(INI)

Motion for a resolution
Paragraph 12
12. Notes with satisfaction the results of the European Union Monitoring Mission in Georgia (EUMM Georgia); approves its extension for a period of two years; stresses the need for further reflection on CSDP commitments in the area; is concerned about the deteriorating security situation in the regionoccupied territories of Georgia; denounces illegal detentions and kidnappings of Georgian citizens and the increased ‘borderisation’ activities along the Administrative Boundary Line;
2021/10/29
Committee: AFET
Amendment 206 #

2021/2183(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Strongly condemns Russia’s illegal occupation and militarization of the Georgian regions of Abkhazia and Tskhinvali region/South Ossetia, that pose a serious threat to the EaP region and the entire Europe; urges the EU to keep demanding Russia to engage constructively in the Geneva International Discussions and to fulfil its obligations under the EU-mediated 12 August 2008 Ceasefire Agreement, notably to withdraw all its military forces from Georgia’s occupied territories and allow the EU Monitoring Mission unhindered access to the whole territory of Georgia;
2021/10/29
Committee: AFET
Amendment 208 #

2021/2183(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Encourages the EU to strengthen its engagement in peaceful conflict resolution throughout the EaP region; reiterates its call for the EU to ensure that the security dimension of the EaP countries is properly reflected in the EU Strategic Compass and consider launching a series of security compacts – frameworks for increased investment and assistance in security, military, intelligence and cyber cooperation – with Georgia, Moldova and Ukraine as Associated countries, in order to strengthen their resilience and security;
2021/10/29
Committee: AFET
Amendment 463 #

2021/2182(INI)

Motion for a resolution
Paragraph 32
32. Reiterates, as underlined in its resolution of 16 September 2021 on a new EU-China strategy4 , its call for the EU to develop a more assertive, comprehensive, and consistent EU-China strategy that unites all Member States and shapes relations with China in the interest of the EU as a whole; emphasises that this strategy should promote a rules-based multilateral order, have the defence of EU values at its core and should be based on the three principles of cooperating where possible, competing where needed, and confronting where necessary; strongly advocates for Taiwan’s full participation as an observer in meetings, mechanisms and activities of international organisations; deplores the deterioration of among others civil and democratic freedoms and free press in Hong Kong and Macau; reinforces its commitment to the targeted sanctions under the EU Human Rights Global Sanction Regime against the Chinese officials involved in human rights violations in Hong Kong and Xinjiang; reiterates its strong condemnation of the baseless and arbitrary sanctions imposed by the Chinese authorities on several European individuals and entities, including five MEPs; repeats its call on the Chinese government to lift these wholly unjustified restrictive measures; _________________ 4 Texts adopted, P9_TA(2021)0382.
2021/10/28
Committee: AFET
Amendment 3 #

2021/2181(INI)

Motion for a resolution
Citation 7 a (new)
— having regard to the UN Declaration on human rights defenders, adopted by consensus on 10 December 1998,
2021/10/13
Committee: AFET
Amendment 6 #

2021/2181(INI)

Motion for a resolution
Citation 13 a (new)
— having regard to the UN SR Report on the exercise of the rights to freedom of peaceful assembly and of association in the digital age (A/HRC/41/41, 2019),
2021/10/13
Committee: AFET
Amendment 7 #

2021/2181(INI)

Motion for a resolution
Citation 13 b (new)
— having regard to the info note of the UN Special Rapporteur Annalisa Ciampi on strategic litigation against public participations and rights to freedom of assembly and association,
2021/10/13
Committee: AFET
Amendment 8 #

2021/2181(INI)

Motion for a resolution
Citation 13 c (new)
— having regard to the UN report on the adverse effect of the surveillance industry on freedom of expression (A/HRC/41/35,2019),
2021/10/13
Committee: AFET
Amendment 11 #

2021/2181(INI)

Motion for a resolution
Citation 16 a (new)
— having regard to the Council of Europe Commissioner for Human Rights ‘Human Rights Comment: Time to take action against SLAPPs’ issued on 27 October 2020,
2021/10/13
Committee: AFET
Amendment 27 #

2021/2181(INI)

Motion for a resolution
Citation 18 a (new)
— having regard to the Commission communication of 12 September 2012 ‘The roots of democracy and sustainable development: Europe's engagement with Civil Society in external relations’ (COM (2012) 0492),
2021/10/13
Committee: AFET
Amendment 28 #

2021/2181(INI)

Motion for a resolution
Citation 18 b (new)
— having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 8 April 2020 on the Global EU response to COVID-19,
2021/10/13
Committee: AFET
Amendment 30 #

2021/2181(INI)

Motion for a resolution
Citation 23 a (new)
— having regard to its resolution of 3 July 2018 on violation of the rights of indigenous peoples in the world, including land grabbing,
2021/10/13
Committee: AFET
Amendment 31 #

2021/2181(INI)

Motion for a resolution
Citation 23 b (new)
— having regard to its resolution of 11 February 2021 on corporate due diligence and corporate accountability (2020/2129(INL)),
2021/10/13
Committee: AFET
Amendment 32 #

2021/2181(INI)

Motion for a resolution
Citation 23 c (new)
— having regard to its resolution of 19 May 2021 on the effects of climate change on human rights and the role of environmental defenders on this matter (2020/2134(INI)),
2021/10/13
Committee: AFET
Amendment 33 #

2021/2181(INI)

Motion for a resolution
Citation 23 d (new)
— having regard to its resolution of 23 October 2020 on Gender Equality in EU’s foreign and security policy (2019/2167(INI)),
2021/10/13
Committee: AFET
Amendment 37 #

2021/2181(INI)

Motion for a resolution
Citation 27 a (new)
— having regard to the Council conclusions of 16 November 2015 on the EU’s support to transitional justice,
2021/10/13
Committee: AFET
Amendment 38 #

2021/2181(INI)

Motion for a resolution
Citation 27 b (new)
— having regard to the EU’s Policy Framework on support to transitional justice,
2021/10/13
Committee: AFET
Amendment 39 #

2021/2181(INI)

Motion for a resolution
Recital A
A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, as set out in Article 2 of the TEU; whereas no one shall be persecuted or harassed in any way for their involvement in activities to protect human rights or democracy; whereas silencing dissenting voices and curbing public participation and access to information have a direct impact on human rights and democracy;
2021/10/13
Committee: AFET
Amendment 49 #

2021/2181(INI)

Motion for a resolution
Paragraph 1
1. Is extremely concerned by the challenges to human rights and democracy, resulting in the weakening of the protection of democratic institutions and of universal human rights, as well as the shrinking space for civil society, observed around the world; calls for the EU and its Member States to make stronger efforts to address the challenges to human rights, both individually and in cooperation with like- minded international partners; calls on the EU and its Members States to act a truly global leader in the promotion and the protection of human rights, gender equality, and the rule of law, and to strongly stand up against any attack to the principles of universality, inalienability, indivisibility, interdependence and interrelatedness of the human rights.
2021/10/13
Committee: AFET
Amendment 69 #

2021/2181(INI)

Motion for a resolution
Paragraph 3
3. Is deeply concerned by increasing number of illiberal democracies and autocratic regimes, which are in the majority for the first time in 20 years; calls for the EU and the Member States to make full use of the tools at their disposal to support good governance, rule of law, democratic institutions and enabling space for civil society worldwide;
2021/10/13
Committee: AFET
Amendment 76 #

2021/2181(INI)

Motion for a resolution
Paragraph 4
4. Underlines the importance of the EU’s support to mediation and electoral processes through its assistance to domestic observers and through the election observations missions, in which Parliament plays an active role; stresses the importance of providing the highest level of protection for local electoral observers and calls for enquiring about possible EU action in this respect; highlights the need for effective follow-up to the missions’ reports and recommendations, in order to strengthen democratic standards and facilitate future peaceful democratic transitions in the countries concerned; recalls Parliament’s political mediation tools, which could be developed further to help in this overall approach; calls for the EU to closely collaborate with domestic and international organizations such as the OSCE, the Council of Europe and the endorsing organizations of the Declaration of Principles for international election observation;
2021/10/13
Committee: AFET
Amendment 95 #

2021/2181(INI)

Motion for a resolution
Paragraph 7
7. Welcomes the contribution of the EU Special Representative for Human Rights (EUSR) to defending and advancing human rights in the world; underlines the EUSR’s important role in enhancing the effectiveness of the EU’s human rights policies through engagement with third countries, cooperation with like-minded partners to advance the human rights agenda and increasing the internal and external coherence of the EU’s policies in the field;
2021/10/13
Committee: AFET
Amendment 102 #

2021/2181(INI)

Motion for a resolution
Paragraph 8
8. Notes that the visibility and mandate of the EUSR’s role should be enhanced in order to have a meaningful impact on human rights; underlines that the EUSR has a flexible mandate which could be adapted to evolving circumstances; is of the opinion that the EUSR’s position could be made more effective by enhancing communication activities and developing a more public profile through, inter alia, the publication of public statements in support of human rights activists at risk, including Sakharov Prize laureates and finalists, and of human rights defenders imprisoned for long periods, thereby helping to protect their physical integrity and their essential work;
2021/10/13
Committee: AFET
Amendment 114 #

2021/2181(INI)

Motion for a resolution
Paragraph 11
11. Stresses that all civil society actors, in particular independent civil society organisations, trade unions, community- led organisations and human rights defenders, have a vital role to play in the dialogues, in terms of providing input both to the dialogues and to evaluation of their outcomes; underlines that such organisations should therefore be consulted within the framework of official and informal dialogues, as well as exploratory talks; calls on the EEAS and the Commission to improve communication and transparency with regard to civil society organisations; to this end, calls on the EEAS and the Commission to appoint human rights focal points at the geographical divisions of their headquarters;
2021/10/13
Committee: AFET
Amendment 120 #

2021/2181(INI)

Motion for a resolution
Paragraph 13
13. Notes that 2020 marked the 75th anniversary of the United Nations, an essential universal forum for international consensus-building on peace and security, sustainable development and respect for human rights and international law; calls for the EU and its Member States to maintain their vital support to the UN and to continue their efforts to speak with one voice in the UN and other multilateral forums; calls on Member States to make the EU’s foreign and security policy more effective by using the rule of qualified majority voting in the Council, especially in relation to human rights-related matters and for the adoption of sanctions; stresses that the challenges to the universal enjoyment of human rights call for even stronger multilateralism and international cooperation; highlights the vital role of UN bodies as the forum for advancing peace, conflict resolution and the protection of human rights, and welcomes the UN Secretary-General’s Call to Action on Human Rights;
2021/10/13
Committee: AFET
Amendment 124 #

2021/2181(INI)

Motion for a resolution
Paragraph 14
14. Condemns the increase in attempts to undermine the functioning of the UN’s bodies, in particular the Human Rights Council, and to obstruct the rules-based international order; strongly condemns all attacks against Special Procedure mandate holders and against the independence of their mandates; calls on the EU Member States and the EU’s democratic partners to decisively counter these attempts and to strengthen their response to serious violations of international human rights; highlights the need for an adequate funding of all UN human rights bodies including the treaty bodies and calls on the UN Secretary- General to provide appropriate resources from the regular budget and on EU member states to increase their voluntary contributions; stresses that state sovereignty cannot be used as a pretext to avoid human rights monitoring by the international community since, according to the Founding Charter of the United Nations and UN General Assembly resolution 60/251, all states, regardless of their political, economic and cultural systems, have the duty and the responsibility to promote and protect all human rights and fundamental freedoms for all, and the UN Human Rights Council should address situations of violations of human rights;
2021/10/13
Committee: AFET
Amendment 139 #

2021/2181(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Reiterates its call in favour of actions aimed at combating impunity and to promote accountability in countries where the dynamics of impunity reward those who bear the greatest responsibility and disempower victims, through the implementation of the Pilot Project on the European Observatory on Prevention, Accountability, and Combating Impunity, adopted by the EP and the Council, also by following the request in the previous Annual Reports on the human rights and democracy in the world and the European Union’s policy on the matter;
2021/10/13
Committee: AFET
Amendment 145 #

2021/2181(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Recognises the important role played by human rights defenders in responding to COVID-19 by taking on a multitude of new roles in addition to their everyday human rights work, but also the significant and disproportionate risks they faced, particularly more marginalised human rights defenders; notes with concern that around the world, governments used the pandemic as a mean to specifically target human rights defenders by refusing to release imprisoned human rights defenders, prolonging their incommunicado detention, restricting prison visits to jailed human rights defenders, sentencing human rights defenders on trumped-up charges in closed-door hearings;
2021/10/13
Committee: AFET
Amendment 162 #

2021/2181(INI)

Motion for a resolution
Paragraph 19
19. Is seriously concerned at the precarious situation of human rights defenders and deplores the fact that they are the victims of increasing violence, including targeted killings; praises the important work undertaken by all human rights defenders around the world, sometimes at the highest of costs, and takes this opportunity to acknowledge the contribution of all human rights defenders to the human rights movement; underlines the particularly severe situation, further aggravated by COVID-19, of female, environmental, labour, environmental and indigenous human rights defenders; deplores the increased use of techniques such as harassment, criminalisation and defamation campaigns, arbitrary arrests and unlimited detention in inhumane conditions used to silence human rights defenders, often on the basis of ill- defined terrorism charges; reiterates its call to EU Delegations and Member States’ embassies in third countries to regularly visit activists in prison, monitor their trials and advocate their access to justice and protection;
2021/10/13
Committee: AFET
Amendment 173 #

2021/2181(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Deems urgent that a EU-wide scheme for issuing short-term visas for the temporary relocation of human rights defenders be implemented, in particular through the inclusion of instructions in the EU Visa Handbook and amending the legal instruments on visas, particularly the Visa Code; deplores the little progress on this issue over the past year and alerts that the current situation in Afghanistan must be a wake-up call on the need to urgently revisit, in a meaningful way, a more coordinated EU policy regarding the issuing of emergency visas for human rights defenders;
2021/10/13
Committee: AFET
Amendment 178 #

2021/2181(INI)

Motion for a resolution
Subheading 8 a (new)
Freedoms of Expression, Peaceful Assembly and Association
2021/10/13
Committee: AFET
Amendment 179 #

2021/2181(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Stresses that recent findings, such as the NSO Pegasus scandal, confirm that spying of human rights defenders and journalists, among others, is extremely alarming, and seems to confirm the dangers in the misuse of surveillance technology to undermine human rights; calls for promoting a safe and open space and building the capacity of CSOs, NGOs, HRDs, journalists and other concerned individuals to protect themselves from government cyber surveillance and interference, and promote stronger national and international regulation in this area;
2021/10/13
Committee: AFET
Amendment 180 #

2021/2181(INI)

Motion for a resolution
Paragraph 21 b (new)
21b. Expresses its serious concern about the particular restrictions of freedoms of expression, peaceful assembly and association, including the widespread use of counter-terrorism laws and policies to silence civil society and human rights defenders; reiterates the specific challenges to freedom of opinion and expression and their link to freedom of information, including access to independent and reliable information; condemns the raise of legal harassment and restrictive legislations as forms to silence critical voices such as through strategic lawsuits against public participation (SLAPPs) and criminalisation of defamation on and offline;
2021/10/13
Committee: AFET
Amendment 181 #

2021/2181(INI)

Motion for a resolution
Paragraph 21 c (new)
21c. Reiterates the specific challenges to freedom of association due to the use of restrictive legislation, such as anti- terrorism, anti-extremist, and anti- corruption legislation against civil society organisations and the consequent risks of burdensome registration, funding and reporting requirements as forms of state control; calls for the EU to diversify and maximise funding modalities and mechanisms for civil society actors, by taking account of their specificities and ensuring not to restrict their scope for action or the number of potential interlocutors; reiterates the call for the EU to continue to work towards greater autonomy of civic space, in accordance with the principle of policy coherence for development;
2021/10/13
Committee: AFET
Amendment 182 #

2021/2181(INI)

Motion for a resolution
Paragraph 21 d (new)
21d. Condemns the increased misuse of legislative, police power or security measures to restrict the right to protest; calls to ensure the right of peaceful assembly is protected online and offline, especially when those who assemble protests are voices of dissent;
2021/10/13
Committee: AFET
Amendment 201 #

2021/2181(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Stresses that indigenous peoples have often been the first victims of deforestation, which endangers their rights to land, among other rights, and access to vital resources; underlines, in this regard, the right to determine and establish priorities and strategies for their self-development and for the use of their lands, territories and other resources; recalls that impunity for violations of the rights of indigenous peoples is a driving force in deforestation and therefore deems accountability for these violations to be essential;
2021/10/13
Committee: AFET
Amendment 202 #

2021/2181(INI)

Motion for a resolution
Paragraph 22 b (new)
22b. Reiterates its call on the Union and its Member States to strengthen the linkage between human rights and the environment throughout their external action, and to use all instruments at their disposal to effectively support and protect human and environmental rights defenders;
2021/10/13
Committee: AFET
Amendment 230 #

2021/2181(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Reminds that child rights have no boundaries and calls for a systematic and coherent approach to promote and defend children’s rights inside and outside Europe, in line with the UN Convention on the Rights of the Child (UNCRC) and the 2030 Agenda;
2021/10/13
Committee: AFET
Amendment 236 #

2021/2181(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Calls on the EU to mainstream children’s rights and children protection in all EU external policy, including in the context of Human Rights Dialogues, international and trade agreements, the Instrument of Pre-accession (IPA III) and the Neighbourhood, Development and International Cooperation Instrument (NDICI);
2021/10/13
Committee: AFET
Amendment 237 #

2021/2181(INI)

Motion for a resolution
Paragraph 27 b (new)
27b. Calls for the setting up of a mechanism to track all the EU interventions that are relevant for children, including those in non-social sectors such as trade, digital, environment, and security, to ensure that a do-no-harm approach to child rights is fully implemented;
2021/10/13
Committee: AFET
Amendment 243 #

2021/2181(INI)

Motion for a resolution
Paragraph 28
28. Reiterates its strong condemnation of discrimination, xenophobia, intolerance, persecution and killings linked to race, ethnicity, nationality, social class, disability, caste, religion, belief, age, sexual orientation and gender identity that continue to be a major problem in many countries; Stresses that the COVID-19 pandemic has highlighted even more the profoundly disproportionate impact of racial discrimination, xenophobia and related intolerance; welcomes the launch of the EU’s anti-racism action plan 2020– 2025, which recognises not only the individual and social dimensions, but also the structural nature of this phenomenon; stresses that in spite of 20 years of work since the signing of Durban Declaration and Programme of Action in 2001, racism, discrimination, xenophobia and related intolerance continue to be a scourge around the world and calls for a zero-tolerance approach to them; calls on governments, regional organizations, civil society and other stakeholders to redouble their efforts to effectively implement the Declaration and to develop and implement action plans to combat racism, racial discrimination, xenophobia and related intolerance;
2021/10/13
Committee: AFET
Amendment 248 #

2021/2181(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Regrets the fact that indigenous peoples continue to face widespread and systematic discrimination and persecution worldwide, including forced displacements, arbitrary arrests and the killing of human rights and land defenders; Reiterates the call for the EU, its Member States and their partners in the international community to adopt all necessary measures for the recognition, protection and promotion of the rights of indigenous peoples, including to their language, lands, territories and resources; welcomes the work that civil society and NGOs are doing on these issues; recalls its decision to appoint a standing rapporteur on indigenous peoples within Parliament, with the objective of monitoring the human rights-related situation of indigenous peoples; calls on countries to ratify the provisions of ILO Convention 169 of 27 June 1989 on Indigenous and Tribal Peoples;
2021/10/13
Committee: AFET
Amendment 256 #

2021/2181(INI)

Motion for a resolution
Paragraph 29
29. Underlines the difficult situation, discrimination and threats to life faced by lesbian, gay, bisexual, trans, non-binary, intersex and queer (LGBTIQ) people around the world; calls on the EU to play a leading role in defending the rights of LGBTIQ people in international fora, including working towards the decriminalisation of sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC) and the elimination of intersex genital mutilation (IGM), so-called “conversion therapy” and the forced sterilisation of trans people; welcomes the fact that the LGBTIQ Equality Strategy 2020–2025 includes the EU’s commitment to include LGBTIQ issues in all its external policies, including support under the NDICI – Global Europe Instrument and Instrument for Pre-Accession funds;
2021/10/13
Committee: AFET
Amendment 258 #

2021/2181(INI)

Motion for a resolution
Paragraph 29 a (new)
29a. Acknowledges that LGBTIQ+ rights defenders and sex worker rights defenders faced increased physical, economic, legal and psychological risks during COVID-19 as they took on additional emergency roles to protect their communities and as state responses to the pandemic have exacerbated existing systems of classed, gendered, raced and sexualized injustice; deplores the use of COVID-19 as an excuse to crackdown on LGBTIQ+ defenders around the world through conducting raids on human rights defenders homes, mass arrests at the offices of LGBTIQ+ rights organisations, eviction from family homes, closure of human rights defender- run medical clinics, sexual harassment and detention of transgender human rights defenders at security check points established to limit social movement, homophobic and transphobic defamation portraying LGBTIQ+ rights defenders as spreaders of COVID-19;
2021/10/13
Committee: AFET
Amendment 267 #

2021/2181(INI)

Motion for a resolution
Paragraph 30
30. Fully supports the right to freedom of thought, conscience and religion, to hold a belief, or not to believe, and the right to manifest and to change or leave one’s religion or belief without fear of violence, persecution, or discrimination; deplores the persecution suffered by minorities on the grounds of belief or religion in many places in the world; condemns the abuse of blasphemy laws to perpetuate discrimination and deplores the use of religion and religious institutions to the detriment of human rights through the persecution, including by legal means, of belief or religious minorities, women and LGBTIQ persons; reiterates its condemnation of any attempt by authorities or governments to deny or interfere in the choice of religious or belief leaders;
2021/10/13
Committee: AFET
Amendment 269 #

2021/2181(INI)

Motion for a resolution
Paragraph 30 a (new)
30a. Calls on the Council, the Commission, EEAS and EU Member States to work with third countries for the adoption of measures to prevent and fight hate crime, and for the adoption of legislation that is fully compliant with international standards on the freedom of expression and the freedom of thought, conscience, religion or belief;
2021/10/13
Committee: AFET
Amendment 275 #

2021/2181(INI)

Motion for a resolution
Paragraph 30 b (new)
30b. Underlines the importance of civil society initiatives in ensuring the right to freedom of thought, conscience, religion or belief, and in promoting a multi- layered holistic approach that encompass human rights, conflict resolution, development, and interfaith and interreligious initiatives;
2021/10/13
Committee: AFET
Amendment 292 #

2021/2181(INI)

Motion for a resolution
Paragraph 31
31. Considers that corruption also constitutes a major violation of human rights and that the EU and its Member States must address it as such in their external action by applying the highest transparency standards to their funding to third countries, as well as by supporting anti-corruption civil society organisations, journalists and whistle-blowers; reiterates its concern over the use of SLAPPs to silence journalists, activists, whistle- blowers and human rights defenders who investigate and expose corruption;
2021/10/13
Committee: AFET
Amendment 295 #

2021/2181(INI)

Motion for a resolution
Paragraph 31 a (new)
31a. Calls for addressing the impunity for grand corruption as a priority because of its grave negative impact on human rights, including through the creation of a European Observatory on the fight against impunity;
2021/10/13
Committee: AFET
Amendment 296 #

2021/2181(INI)

Motion for a resolution
Paragraph 31 b (new)
31b. Underlines the need to develop principles and work for an internationally recognised legal definition of grand corruption, including its systemic nature, as a crime in national and international law;
2021/10/13
Committee: AFET
Amendment 297 #

2021/2181(INI)

Motion for a resolution
Paragraph 31 c (new)
31c. Calls for addressing the ongoing cases of impunity for grand corruption by stronger enforcement of anti-corruption laws to ensure accountability for the perpetrators of grand corruption schemes; calls for exploring comprehensive approaches that includes reforms to international justice institutions, including extending the jurisdiction of the ICC;
2021/10/13
Committee: AFET
Amendment 298 #

2021/2181(INI)

Motion for a resolution
Paragraph 31 a (new)
31a. calls on the Commission to come forward with a legislative proposal to create a stand-alone global sanction regime to tackle acts of corruption defined on the basis of the UNCAC; ensure oversight of the European Parliament on the implementation of this new sanction regime and adopt strict reporting requirements to monitor the implementation of sanctions;
2021/10/13
Committee: AFET
Amendment 327 #

2021/2181(INI)

Motion for a resolution
Paragraph 34
34. Reaffirms the inalienable human rights of migrants and refugee, refugees and forcibly displaced persons, and calls for the EU and its Member States to fully uphold them in their cooperation with third countries, both in terms of the establishment of high legal standards and, equally importantly, their operationalisation in order to ensure the effective protection of these rights in practice; recalls that the EU and its Member States, in their external and extraterritorial actions, agreements and cooperation in the areas of migration, borders and asylum, shall respect and protect human rights, notably those enshrined in the Charter of Fundamental Rights, including the right to life, liberty, and the right to asylum, notably the individual assessment of asylum applications; reiterates its call on the Commission to carry out a review of the human rights impact of migration policy frameworks and of the EU’s cooperation on migration with third countries; underlines the risks related to informal arrangements on return and readmission, which are not subject to judicial scrutiny and therefore do not allow for effective redress for human rights violations suffered by migrants and asylum seekers; reiterates its call on the Commission to ensure a transparent ex ante risk assessments, performed by independent EU-bodies and experts on the impact of any formal, informal or financial EU cooperation with third countries on the rights of migrants, refugees, and forcibly displaced persons;
2021/10/13
Committee: AFET
Amendment 339 #

2021/2181(INI)

Motion for a resolution
Paragraph 35 a (new)
35a. Calls on partner countries and international organisations for the implementation of legal frameworks and to increase the efforts of reinforced cooperation on what relates to migrant smuggling, ensuring the protection of migrants and the prevention of exploitation of migrants; recalls in this regard that state smuggling of migrants should also be sanctioned;
2021/10/13
Committee: AFET
Amendment 342 #

2021/2181(INI)

Motion for a resolution
Paragraph 35 b (new)
35b. Reiterates its call for the establishment of a coordinated European approach in order to support and ensure a prompt and effective identification processes of those who died on their way to the EU;
2021/10/13
Committee: AFET
Amendment 347 #

2021/2181(INI)

Motion for a resolution
Paragraph 37
37. Reiterates that the EU and its Member States should actively support the UN Secretary-General’s and UN Security Council’s appeal for a global ceasefire, including through effective measures against illicit arms trade and enhancing the transparency and accountability of Member States' arms exports; deplores the fact that the COVID-19 pandemic and its effects have increased political violence, intensified competition between armed groups and exacerbated long-simmering tensions, while leaving victims more unprotected; expresses grave concern about the increase in conflict- related sexual violence in this context, despite 2020 being the 20th anniversary of UN Security Council resolution 1325 on women, peace and security;
2021/10/13
Committee: AFET
Amendment 362 #
2021/10/13
Committee: AFET
Amendment 363 #

2021/2181(INI)

Motion for a resolution
Paragraph 39 a (new)
39a. Calls for the promotion transitional justice processes that empower civil society, victims, marginalised and vulnerable populations, women, children and youth, rural and urban residents; encourages the creation of links between permanent structures such as national justice systems and national institutions or networks for atrocity prevention and transitional justice's initiatives; stresses the need to provide the tools, space and access to information to victims and affected communities.
2021/10/13
Committee: AFET
Amendment 364 #

2021/2181(INI)

Motion for a resolution
Subheading 20
Due diligence and corporate accountability
2021/10/13
Committee: AFET
Amendment 367 #

2021/2181(INI)

Motion for a resolution
Paragraph 40
40. Emphasises that the EU has a unique opportunity to exert leverage on businesses to uphold human rights at global level with the upcoming EU binding legislation on corporate due diligence and corporate accountability, obliging companies to prevent, identify, communicate, account for and effective remedy potential and/or actual adverse impacts on human rights, the environment and good governance inthroughout their value chain and provide for access to justice for victims and corporate liability regimes; calls for the strategylegislation to apply to all large undertakings governed by the law of a Member State, established in the territory of the Union or operating in the internal market, as well as publicly listed small and medium-sized companies; stresses the need to establish and enforce administrative controls and sanctions to make the legislation effective; calls for companies’ due diligence strategiesthe introduction of civil liability for harm caused or that a company has contributed to by failing to perform due diligence; calls for companies’ due diligence strategies to be defined and implemented through meaningful and regular consultation with stakeholders, including workers, workers representatives, trade unions, human rights defenders, local communities including vulnerable ones such as Dalits, indigenous groups, migrant workers, informal workers and home workers and to be made public; welcomes the full entry into force in 2020 of the EU Conflict Minerals Regulation and the EU Taxonomy Regulation as constructive steps in this field;
2021/10/13
Committee: AFET
Amendment 370 #

2021/2181(INI)

Motion for a resolution
Paragraph 40 a (new)
40a. Reiterates that 69% of human rights defenders killed around the world were engaged in the protection of their land and the environment and the defence of the rights of indigenous peoples, often in the context of business, and emphasises the evermore crucial need, expressed by human rights defenders, for the EU to implement mandatory human rights due diligence legislation for companies;
2021/10/13
Committee: AFET
Amendment 373 #

2021/2181(INI)

Motion for a resolution
Paragraph 41
41. Notes that 2021 is the 10th anniversary of the UN Guiding Principles on Business and Human Rights, a genuine framework whose guidelines, in particular those in the third pillar focused on access to remedy and respect for human rights defenders, provides an essential framework to cooperate with third countries on prevention, as well as on access to judicial and non-judicial complaint and redress mechanisms for victims; calls for the EU and its Member States to continue to play an active role in the ongoing negotiations for a UN Binding Treaty on Business and Human Rights, as a means to help secure a level playing field for EU companiestresses the importance for all countries to fully implement the UN Guiding Principles on Business and Human Rights, and calls on those EU Member States that have not yet adopted national action plans on business rights to do so as soon as possible; Stresses the need to establish an international binding instrument to regulate, in international human rights law, the activities of transnational corporations and other companies; encourages the EU and its Member States to participate constructively in the work of the UN Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises with Respect to Human Rights; considers this to be a necessary step forward in the promotion and protection of human rights;
2021/10/13
Committee: AFET
Amendment 380 #

2021/2181(INI)

Motion for a resolution
Paragraph 42
42. Reiterates its call for the systematic inclusion of human rights clauses in all international agreements between the EU and non-EU countries, including free trade agreements and standalone investment protection agreements; calls for a better use of these clauses, including by the setting of dedicated monitoring and problem solving mechanisms; calls for these clauses to be enforced through clear benchmarks and to be monitored, with the involvement of Parliament, civil society and the relevant international organisations; underlines that the establishment of specific benchmarks could lead the EU to explore the introduction of proportionality into sanctions for non-compliance; underlines that breaches of agreements should trigger clear consequences, including, as a last resort, suspension or the withdrawal of the EU from the agreement; recommendscalls for the inclusion of monitoring mechanisms on human rights in all trade and foreign investment agreements, as well as complaints mechanisms, in order to ensure effective recourse to remedy for affected citizens and local stakeholders; calls that no trade or investment agreement be negotiated without enforceable human rights clauses;
2021/10/13
Committee: AFET
Amendment 385 #

2021/2181(INI)

Motion for a resolution
Paragraph 43
43. Underlines the strong link between trade and human rights and the incentivising role played by access to trade on upholding human rights conditionality for third countries; notes the ongoing review of the GSP+ Regulation, which is an opportunity to further strengthen this link, notably by linking tariffs suspension to progress on human rights, environmental rights and good governance; stresses the necessary contribution of the GSP to achievement of the Green Deal’s objectives and suggests that sustainable goods be offered preferential treatment; underlines that access to GSP+ is contingent on progress in the area of human rights and calls for the strict application of conditionality to partner countries including, if warranted, the swift revocation of GSP+ status;
2021/10/13
Committee: AFET
Amendment 388 #

2021/2181(INI)

Motion for a resolution
Paragraph 43
43. Underlines the strong link between trade and human rights and the incentivising role played by access to trade on upholding human rights conditionality for third countries; notes the ongoing review of the GSP+ Regulation, which is an opportunity to further strengthen this link; underlines that access to GSP+ is contingent on respect to international conventions and progress in the area of human rights and calls for the strict application of conditionality to partner countries including, if warranted, the swift revocation of GSP+ status;
2021/10/13
Committee: AFET
Amendment 389 #

2021/2181(INI)

Motion for a resolution
Paragraph 43 a (new)
43a. Stresses the need for continued engagement and dialogue between the EU and all stakeholders - in particular civil society organizations and trade unions- in beneficiary countries, as well as further improvement of transparency and monitoring in order to ensure the GSP scheme fulfils its objective of sustainable development and good governance;
2021/10/13
Committee: AFET
Amendment 390 #

2021/2181(INI)

Motion for a resolution
Paragraph 44
44. Underlines the important role played by digital technologies, particularly during the COVID-19 pandemic; stresses that these technologies will continue to be implemented around the world in the post- pandemic period and that that they should be appropriately regulated to leverage their strength while avoiding their negative effects on human rights; in particular, stresses the importance of effective safeguards to the right to privacy and data protection in the health-related systems of mass surveillance, and of their proportionate use which should also be limited in time; stresses the evident risks of surveillance techniques to be used against human rights defenders, journalists, civil society and others in particular as they represent a serious obstacle to the defence of human rights, a risk to privacy and freedom of expression, and a serious threat to democratic institutions;
2021/10/13
Committee: AFET
Amendment 395 #

2021/2181(INI)

Motion for a resolution
Paragraph 45
45. Notes the benefits brought about by the increased use of artificial intelligence, but stresses that the technologies must be developed, deployed and used in conformity with human rights, adopting a human rights based approach and under meaningful human supervision, in full transparency and ensuring accountability and non-discrimination, in particular to avoid both bias in automated decisions and data protection violations;
2021/10/13
Committee: AFET
Amendment 397 #

2021/2181(INI)

Motion for a resolution
Paragraph 46
46. Stresses the vital role of social platforms in advancing freedom of expression and of organisation, but underlines the need for proper safeguards to prevent, on the one hand, the unjustified censorshiplimitation, curation or manipulation of users’ content, including automated censorship, and, on the other, the spread of hate speech, fake news and disinformation, disinformation and intentional harmful content; calls the EU to propose ways to facilitate the human rights defenders work online and the recognition that debate on human rights should be promoted and protected in any circumstances; welcomes the adoption of the new EU rules on the control of exports, brokering, technical assistance, transit and transfer of dual-use technologies;
2021/10/13
Committee: AFET
Amendment 405 #

2021/2181(INI)

Motion for a resolution
Paragraph 47
47. Reiterates its strong opposition to the death penalty in view of its cruel and irreversible nature and calls for the EU to intensify its efforts to advocate universal abolition; underlines that a positive trend emerged in 2020 towards a moratorium on executions with a view to fully abolishing the death penalty, with 123 states voting in favour of the UN General Assembly’s resolution on this matter; is extremely concerned, however, about the dramatic increase in executions in certain countries; urges the EU and its Member States to defend abolition in all international forums and advocate for the widest possible support for this position;
2021/10/13
Committee: AFET
Amendment 406 #

2021/2181(INI)

Motion for a resolution
Paragraph 48
48. Deplores the fact that torture and inhuman or degrading treatment continue to be widespread in many countries and calls for the EU to strengthen its efforts aimed at eradicating these practices, while supporting victims and promoting mechanisms to hold perpetrators accountable; urges all Member States and other countries which have not done so to ratify the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its optional Protocol (OPCAT); recognises the importance of civil society organisations and HRDs in the fight against torture and other forms of ill-treatment;
2021/10/13
Committee: AFET
Amendment 13 #

2021/2176(INI)

Motion for a resolution
Recital E
E. whereas one of the top priorities of the European Green Deal is to respond to the challenges of climate change and environmental degradation; whereas all EU policies need to contribute to these goals, including investment policy; whereas substantial investments are needed worldwide in order to achieve the aims of the European Green Deal, meet the UN Sustainable Development Goals, and recover from the COVID-19 pandemic, and achieve strategic autonomy;
2022/03/17
Committee: INTA
Amendment 17 #

2021/2176(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas, in order to attract investment, labour standards, respect for the environment and corporate social responsibility should not be lowered in the sustainable development chapters of EU IIA;
2022/03/17
Committee: INTA
Amendment 22 #

2021/2176(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas foreign direct investment (FDI) in developing countries is a primary means of financing the 2030 Agenda for Sustainable Development; whereas such capital can support job creation, and social and environmental improvements as set out in the SDGs;
2022/03/17
Committee: INTA
Amendment 42 #

2021/2176(INI)

Motion for a resolution
Paragraph 3
3. Points out that the definition of investment as codified in EU IIAs covers not only greenfield investments, but also financial instruments that can be held for purely speculative purposes or for the extraction of rent; considers that such financial instruments which can be withdrawn at any time do not require long-term protection, and calls on the Commission to narrow the definition of investment accordingly;
2022/03/17
Committee: INTA
Amendment 44 #

2021/2176(INI)

Motion for a resolution
Paragraph 3
3. Points out that the definition of investment as codified in EU IIAs covers not only greenfield investments, but alsoshould not cover financial instruments that can be held for purely speculative purposes or for the extraction of rent;
2022/03/17
Committee: INTA
Amendment 63 #

2021/2176(INI)

Motion for a resolution
Paragraph 4
4. Stresses that an alarming number of investment claims target environmental measures; regretcondemns the fact that various countries, including the Member States, are being sued in relation to policies on climate, the phasing out of fossil fuels, or the just transition;
2022/03/17
Committee: INTA
Amendment 67 #

2021/2176(INI)

Motion for a resolution
Paragraph 5
5. Urges the Commission to exclude invensure consistments in fossil fuels or any other activities that pose significant harm to the environment and human rightcy between IIAs and EU environment policies, labour rights and human rights, in particular by excluding investments in fossil fuels from treaty protections, in particularcluding investor- state arbitration mechanisms, and by including in the sustainable development chapters provisions that help to comply with the Paris Agreement and international treaties on labour and gender equality;
2022/03/17
Committee: INTA
Amendment 73 #

2021/2176(INI)

Motion for a resolution
Paragraph 6
6. Points out that even in the absence of legal proceedings, the explicit or implicit threat of recourse to investment arbitration can enhance the position of investors in negotiations with states (the ‘chilling effect’); calls on the Commission to follow the same line as in recent trade IIA and to clarify the right of the government to prioritise legitimate public policy objectives, even if it may affect the profit expectations of an investor;
2022/03/17
Committee: INTA
Amendment 77 #

2021/2176(INI)

Motion for a resolution
Paragraph 7
7. Stresses that IIAs do not contain investor obligations; stresses that only foreign investors can launch investment cases against states; regrets the fact that having a case dismisseTakes note of provisions in IIAs for environmental, labour and corporate responsibility obligations for states and investors and the non-lowering of standards, but regrets that the reform of investor obligations has not kept pace with that of investor rights; notes that in the majority of IIAs, only foreign investors can launch investment cases against states; urges the Commission to accelerate multilateral discussions to expand investor obligations and its the best possible outcome for respondent stateenforcement, including through negotiations for a UN Binding Treaty on Business and Human Rights;
2022/03/17
Committee: INTA
Amendment 84 #

2021/2176(INI)

Motion for a resolution
Paragraph 8
8. Is concerned that recent EU IIAs still contain broad protection standards which can be used to challenge legitimate public policies, thus risking to slow down the necessary efforts to fight climate change; asks the Commission to only allow protection against discrimination, direct expropriation and the gross denial of justice, and to ensure that foreign investors are not accorded superior rights to those enjoyed by domestic investors;
2022/03/17
Committee: INTA
Amendment 91 #

2021/2176(INI)

Motion for a resolution
Paragraph 9
9. Underlines the fact that EU IIAs negotiated after 2009 still include sunset clauses which prevent easy termination; points out thatcalls on Member States and the other contracting parties canto agree to neutralise sunset clauses;
2022/03/17
Committee: INTA
Amendment 95 #

2021/2176(INI)

Motion for a resolution
Paragraph 11
11. Underlines that the considerable damages awarded by investment tribunals have imposed a significant financial burden on respondent states; points out that the use of valuation methods generally used by adjudicators is highly controversial owing to their very wide margin of discretion and reliance on highly complex and inherently speculative assumptions; invites the Commission to review the provisions governing compensation in EU IIAestablish transparency rules and safeguards in relation to the provisions governing compensation in EU IIAs; encourages the Commission to include in the negotiations on the Multilateral Investment Court the introduction of rules setting out in a transparent manner the compensation to be paid by states;
2022/03/17
Committee: INTA
Amendment 100 #

2021/2176(INI)

Motion for a resolution
Paragraph 12
12. Stresses that the increasing recourse by investors to third parties to finance their litigation in exchange for a return in the outcome of an award (third-party funding) is adding incentives to increase the number of claims; invitestakes note of progress to make third-party funding for investor-state disputes more transparent, and calls on the Commission to support the restriction of third- party funding for investor-state disputes or even to propose measures to restrict this practice which encourages speculation on awards;
2022/03/17
Committee: INTA
Amendment 113 #

2021/2176(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to ensure that all of the Member States’ bilateral investment treaties are fully compatible with EU law; supports the Commission in strictly applying the conditions for authorising the negotiation, signature and conclusion of new agreements by Member States; including transparently demonstrating the compatibility of BIT provisions with minimum EU standards;
2022/03/17
Committee: INTA
Amendment 115 #

2021/2176(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to ensure that all of the Member States’ bilateral investment treaties are fully compatible with EU law and does not pose any risk to its development, enforcement and application; supports the Commission in strictly applying the conditions for authorising the negotiation, signature and conclusion of new agreements by Member States;
2022/03/17
Committee: INTA
Amendment 122 #

2021/2176(INI)

Motion for a resolution
Paragraph 15
15. Points out that the ECT is the most litigated investment agreement in the world today; welcomes efforts to modernise the ECT and the EU’s position to exclude protection for most fossil fuel investments; noteregrets that investments considered ‘significantly harmful’ under the EU taxonomy would remain protected according to the EU’s position, and that exemptions on certain gas investments, as well as the timeframe for phasing out the protection of existing investments, risk undermining the achievement of EU’s climate objectives; underlines that amending the ECT requires unanimity of all contracting parties voting at the annual conference;
2022/03/17
Committee: INTA
Amendment 135 #

2021/2176(INI)

Motion for a resolution
Paragraph 16
16. Urges the Commission to ensure that a revised ECT will immediately prohibit fossil fuel investors from suing contracting parties for pursuing policies to phase out fossil fuels in line with their commitments under the Paris Agreement; calls on the Commission and the Member States to start preparing a coordinated exit from the ECT and an agreement excluding the application of the sunset clause between Member States with a view to formal submission to the Council in the event of the negotiating objectives not being achieved by June 2022;
2022/03/17
Committee: INTA
Amendment 150 #

2021/2176(INI)

Motion for a resolution
Paragraph 20
20. CStrongly criticises the significant delay in the ratification and implementation of the UN Convention on Transparency in Treaty-based Investor- State Arbitration; calls on the Member States to adopt without delay the proposal for a Council decision on thefor its conclusion, on behalf of the EU, of the UN Convention on Transparency; points to recent rulings of the ECJ on exclusive and shared competences in Trelaty-based Investor- State Arbitraion to international treaty ratification which may offer guidance on unblocking the ratification of this Convention;
2022/03/17
Committee: INTA
Amendment 161 #

2021/2176(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Underlines the importance of maintaining, strengthening and implementing the clauses in the new EU IIAs that prohibit the lowering of standards, as they are critical to avoid a "race to the bottom" in countries attracting foreign investment; calls on the Commission to analyse their effectiveness further, in particular in developing countries, to ensure that tax policy and development finance are aligned to support a "race to the top"; notes that tax revenues are crucial for developing countries to provide basic public services; and urges the Commission to work at multilateral level to promote sustainable investment facilitation which is not pursued through competitive tax breaks among others by continuing its work on the Joint Initiative on Investment Facilitation for Development in the framework of the WTO that aims to increase the participation of developing and least-developed WTO members in global investment flows;
2022/03/17
Committee: INTA
Amendment 2 #

2021/2066(INI)

Motion for a resolution
Citation 6 a (new)
— having regard to the Organisation for Economic Co-operation and Development (OECD) Report of 2010 on Post-public employment: Good practices for preventing Conflict of Interest,
2021/09/28
Committee: AFET
Amendment 3 #

2021/2066(INI)

Motion for a resolution
Citation 6 b (new)
— having regard to the 1997 Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union,
2021/09/28
Committee: AFET
Amendment 5 #

2021/2066(INI)

Motion for a resolution
Citation 11 a (new)
— having regard to the OECD Guidelines for Multinational Enterprises (2011) and the development of standards in the fight against corruption,
2021/09/28
Committee: AFET
Amendment 6 #

2021/2066(INI)

— having regard to the Council Regulation (EU)2020/1998 of 7 December 2020 concerning restrictive measures against serious human rights violations and abuse,
2021/09/28
Committee: AFET
Amendment 8 #

2021/2066(INI)

Motion for a resolution
Citation 13 a (new)
— having regard to the Council Decision (CFSP)2021/1277 concerning restrictive measures in view of the situation in Lebanon,
2021/09/28
Committee: AFET
Amendment 9 #

2021/2066(INI)

Motion for a resolution
Citation 13 b (new)
— having regard to the adoption of new binding provisions by the French Parliament for the restitution of confiscated stolen assets to the people in the countries of origin,
2021/09/28
Committee: AFET
Amendment 10 #

2021/2066(INI)

Motion for a resolution
Citation 14 a (new)
— having regard to its resolution of 17 December 2020 on sustainable corporate governance,
2021/09/28
Committee: AFET
Amendment 12 #

2021/2066(INI)

Motion for a resolution
Citation 20 a (new)
— having regard to art. 83(1) of the Treaty on the Functioning of the European Union on areas of crimes with a cross-border dimension, including corruption, in which the EU may establish common rules, by means of directives,
2021/09/28
Committee: AFET
Amendment 17 #

2021/2066(INI)

Motion for a resolution
Citation 23 a (new)
— having regard to the Council of Europe’s Committee of Ministers Recommendation to Member States on common rules against corruption in the funding of political parties and electoral campaigns,
2021/09/28
Committee: AFET
Amendment 18 #

2021/2066(INI)

Motion for a resolution
Citation 23 b (new)
— having regard to the Regulation 1141/2014 on the statute and funding of European political parties and European political foundations,
2021/09/28
Committee: AFET
Amendment 35 #

2021/2066(INI)

Motion for a resolution
Recital A a (new)
A a. whereas the OECD has declared that bribery and corruption are damaging to democratic institutions and the governance of corporations and a duty to adopt preventive measures against corruption should be part of the due diligence obligations imposed on companies operating in the Union;
2021/09/28
Committee: AFET
Amendment 36 #

2021/2066(INI)

Motion for a resolution
Recital A b (new)
A b. whereas empirical evidence supports that corruption harmfully impacts the preservation of natural environment and environmental sustainability;
2021/09/28
Committee: AFET
Amendment 48 #

2021/2066(INI)

Motion for a resolution
Recital C
C. whereas corruption typically involves the misuse of power, the capture of structures of the State, a lack of accountability, the obstruction of justice, the use of improper influence, the institutionalisation of discrimination, clientelism, nepotism and the distortion of market mechanisms among other things, and is facilitated by inadequate transparency and access to information; whereas rising authoritarianism provides fertile ground for corruption, the combating of which calls for international cooperation with like- minded democracies;
2021/09/28
Committee: AFET
Amendment 55 #

2021/2066(INI)

Motion for a resolution
Recital D a (new)
D a. whereas political campaign financing and party funding are particularly exposed to risks of corruption and used globally by domestic private actors and foreign states and non-state actors as a strategy to nurture political allies and to exert influence over political actors and political decisions for private gain, geopolitical and ideological interests; whereas this covert technique is increasingly used by foreign actors to interfere in elections, referendum campaigns and social debates and undermines the fair functioning of democratic processes;
2021/09/28
Committee: AFET
Amendment 69 #

2021/2066(INI)

Motion for a resolution
Recital G a (new)
G a. whereas the external credibility of the EU also depends on effective anti- corruption action within its Member States and at EU level; whereas many EU Member States have put in place measures to prevent cases of undue influence and risks of corruption involving lawmakers and public officials; whereas these rules are only partially enforced and whereas harmonised rules at EU level are lacking and falling short to prevent risks of undue influence, conflict of interest and corruption;
2021/09/28
Committee: AFET
Amendment 70 #

2021/2066(INI)

Motion for a resolution
Recital G b (new)
G b. whereas external actors such as Russia and China are using strategic corruption as a new foreign policy weapon within the EU, in countries in the EU’s eastern and southern neighbourhood and elsewhere in the world, thus destabilising these countries and hampering their progress towards functioning democracies;
2021/09/28
Committee: AFET
Amendment 71 #

2021/2066(INI)

Motion for a resolution
Recital G c (new)
G c. whereas foreign states and non- state actors are increasingly implementing strategies of elite capture, including at EU level and within EU Member States, and the technique of co-opting top-level civil servants, among them former European politicians and highly qualified staff, recruited to advance specific interests in regulatory and legislative processes; whereas the regulation of professional activities and employment of former public officials in the private sector is a long-standing tool in the international fight against corruption and enshrined in the UNCAC;
2021/09/28
Committee: AFET
Amendment 72 #

2021/2066(INI)

Motion for a resolution
Recital H a (new)
H a. whereas the EU is the destination of several billion euros of misappropriated public funds and assets stolen from third countries; whereas European authorities are not yet able to confiscate and return the large majority of these stolen assets; whereas legal framework on stolen asset recovery is highly fragmented in the EU; whereas France has newly adopted a restitution mechanism for illicitly acquired assets to be returned to the country of origin;
2021/09/28
Committee: AFET
Amendment 73 #

2021/2066(INI)

Motion for a resolution
Recital H b (new)
H b. whereas the protection of whistleblowers from discriminatory and retaliatory actions in public and private sector environments is essential to encourage the reporting of misuse of public funds, fraud, active bribery and other acts of corruption; whereas providing effective legal protection and clear guidance on reporting procedures is integral to efforts to combat corruption, to promote public sector integrity and accountability and to help businesses to prevent, detect and tackle bribery in commercial transactions;
2021/09/28
Committee: AFET
Amendment 74 #

2021/2066(INI)

Motion for a resolution
Recital H c (new)
H c. whereas the private sector and business enterprises can play a significant role in addressing corruption in multinational groups and in global supply chains and have a key role in limiting Human Rights impacts and fighting corruption globally; whereas only three EU Member States are imposing legal obligation on larger companies related to the prevention and detection of corruption;
2021/09/28
Committee: AFET
Amendment 75 #

2021/2066(INI)

Motion for a resolution
Recital H d (new)
H d. whereas States parties of the UNCAC, including all EU Member States, have committed to establishing the bribery of foreign public official as a criminal offence, punishable by criminal penalties and to establishing the liability of legal persons for the bribery of foreign public officials;
2021/09/28
Committee: AFET
Amendment 77 #

2021/2066(INI)

Motion for a resolution
Recital I
I. whereas corporate due diligence rleguislations are indispensable means to prevent and tackl, tackle and effectively remediate human rights and environmental violations globally; whereas the provisions of the UNCAC should form part of the due diligence obligations envisaged in the forthcoming Commission proposal on the matter;
2021/09/28
Committee: AFET
Amendment 80 #

2021/2066(INI)

Motion for a resolution
Recital I a (new)
I a. whereas several States have in place Investor Citizenship and Residence Schemes, also called ‘golden visas’ programmes, which offer facilitated routes to citizenship or residence rights to foreign investors; whereas in order to make their programmes more competitive and to attract foreign direct investments, States, including EU Member States, tend to weaken their due diligence and integrity requirements, which increases the risk of misuse of these programmes for the purposes of money laundering or hiding funds obtained via corrupt activities and avoiding confiscation and persecution in home jurisdictions; whereas clients of these programmes increasingly come from China, followed by Russia;
2021/09/28
Committee: AFET
Amendment 93 #

2021/2066(INI)

Motion for a resolution
Recital J a (new)
J a. whereas the new EU framework for targeted restrictive measures to address the situation in Lebanon provides for the possibility to impose sanctions against persons and entities responsible for undermining democracy and rule of law, including for serious financial misconduct, concerning public funds, insofar as the acts concerned are covered by the UNCAC, and the unauthorised export of capital; whereas the EU should avoid fragmentation of its legal framework with country-based sanction regimes and should rather adopt an horizontal regime against acts of corruption;
2021/09/28
Committee: AFET
Amendment 113 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point c
(c) formulate a comprehensive EU global anti-corruption strategy by taking stock of existing anti-corruption instruments and good practices in the EU’s toolbox, identifying gaps, increasing funding, and expanding support to anti- corruption CSOs, as already requested by the European Parliament in its resolution of 13 September 2017 on corruption and human rights in third countries; take urgent action to prevent corruption by putting in place preventing measures, policies and practices, enhancing efforts and resources for education and training in the public and private sectors, including through public global corruption prevention campaigns;
2021/09/28
Committee: AFET
Amendment 117 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point c a (new)
(c a) establish a dedicated Council Working Party for preparatory works on anti-corruption matters in order to inform the discussions in the Council;
2021/09/28
Committee: AFET
Amendment 120 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point e
(e) insist on the full implementation and enforcement of existing national and international anti-corruption instruments such as the UNCAC, OECD Convention on Combating the Bribery of Foreign Public Officials, the UN Guiding Principles on Business and Human Rights and the Council of Europe’s Criminal Law Convention on Corruption; encourage all States that have not yet done so to ratify those anti-corruption instruments as matter of priority; launch an inclusive and comprehensive process to review the EU’s implementation of the UNCAC;
2021/09/28
Committee: AFET
Amendment 125 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point f
(f) advance efforts in all EU Member States to freeze and confiscate stolen assets in their jurisdictions, in line with the UNCAC, and to return them in a transparent and accountable manner to the country of origin; ensure greater transparency and access to information on foreign assets detained on the EU territory, including on the origin of these assets, while taking into consideration possible threats to the owners’ safety and safeguarding their fundamental rights; encourage the adoption of legislations and take further measures to freeze and confiscate stolen assets in their jurisdictions, in line with the UNCAC, and to return them in a transparent and accountable manner to the country of origin; ensuring that fundamental rights are respected and preventing further corrupt practices in the country of asset origin; meaningfully involve CSOs in the entire process, from identification of assets to monitoring the use of return assets;
2021/09/28
Committee: AFET
Amendment 129 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point f a (new)
(f a) provide technical assistance and resources to States lacking sufficient capacity to address corruption and business-related human rights challenges; insist on the need for strengthened resources and additional capabilities for national law enforcement bodies dealing with corruption, including for enhanced technological capabilities to investigate corruption; promote and support the role of parliaments and other legislative bodies in the management of public resources and ensure their capacity to exercise effective budget oversight;
2021/09/28
Committee: AFET
Amendment 132 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – subheading 2
Internal-external coherence: fighting corruption in EU democracies
2021/09/28
Committee: AFET
Amendment 135 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point g
(g) strengthen the credibility of EU external anti-corruption action by more effectively combating corruption and money laundering within the EU; recognise that systemic corruption in some EU Member States undermines anti-corruption efforts in third countries and take action to terminate it; recognise that a lack of harmonisation and determined action, delays and a gap in implementing the anti- corruption regulations within the EU emboldens corrupt actors both inside and outside of the EU;
2021/09/28
Committee: AFET
Amendment 143 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point g a (new)
(g a) request the Commission to put forward an EU anti-corruption directive on the basis of Art. 83 TFEU, establishing common EU rules for the definition of criminal sanctions for corruption and creating EU provisions regarding the return of confiscated stolen assets to countries of origin, including the reversal of the burden of proof for assets confiscation in corruption cases; align these standards with most advanced legal provisions in existing national legislations and best practices in EU Member States;
2021/09/28
Committee: AFET
Amendment 144 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point g b (new)
(g b) thoroughly analyse foreign interferences, including in the EU and its Member States, by foreign States and non-State actors using corruption as a tool to undermine democratic processes, notably by means of party funding and elite-capture;
2021/09/28
Committee: AFET
Amendment 145 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point g c (new)
(g c) urge Member States to prohibit extra-EU funding to political parties and those entities directly funded by political parties to campaign on their behalf; urge the strengthening of national rules, institutional frameworks and enforcement practices in respect of extra-EU funding of political foundations and electoral campaigns, particularly with transparency and oversight provisions; ensure coordination and harmonisation of national rules and enforcements practices to improve effectiveness both at EU and non-EU level, including by increasing resources for the European Coordination Network on Elections to take up this role; promote dedicated programmes on transparent political party financing and campaign spending in the EU’s external democracy support in third countries;
2021/09/28
Committee: AFET
Amendment 146 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point g d (new)
(g d) adopt and apply strict standards for post-public employment and consistently monitor and enforce compliance with national post- employment rules designed to guard against corruption of former elected office holders and public officials increasingly exposed to corruption and co-opted by foreign stakeholders to exert undue influence towards EU and national institutions; tackle the current legal fragmentation, including at EU level, for post-public employment by creating harmonised rules, including at EU level, a robust oversight system and an appropriate sanction regime;
2021/09/28
Committee: AFET
Amendment 147 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point g e (new)
(g e) address the impunity for grand corruption as a priority because of its grave negative impact on human rights, including through the creation of a European Observatory on the fight against impunity; develop principles and work for an internationally recognised legal definition of grand corruption, including its systemic nature, as a crime in national and international law; address ongoing cases of impunity for grand corruption by stronger enforcement of anti-corruption laws to ensure accountability for the perpetrators of grand corruption schemes; explore comprehensive approaches that includes reforms to international justice institutions, including extending the jurisdiction of the ICC; encourage States, including EU Member States, to make use of their universal jurisdiction to prosecute acts of grand corruption;
2021/09/28
Committee: AFET
Amendment 148 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point g f (new)
(g f) work with third countries for the adoption and implementation of a comprehensive legislation on whistleblower protection in line with international human rights standards, providing for confidential and secure reporting mechanisms and robust legal protection from reprisals to all whistleblowers, including those reporting to CSOs, the media, and to international mechanisms; advance all efforts in EU Member States to swiftly transpose the EU Whistleblower Protection Directive into their national legislation and to effectively implement it; guarantee the same level of protection for staff of EU institutions and harmonise internal rules and standards in this regard; apply a minima the same level of protection for persons reporting breaches of national law;
2021/09/28
Committee: AFET
Amendment 149 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point g g (new)
(g g) adopt common standards and mechanisms for enhanced transparency and reduction of the corruption and money laundering risk posed by ‘Citizenship by Investment’ programmes; require proper control and oversight of applicants and investments before granting ‘golden visas’ and regulate national schemes on the basis of minimum standards and practices harmonised at EU level to terminate competition between single Member States;
2021/09/28
Committee: AFET
Amendment 150 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – subheading 3
Human rights and anti-corruption: enriching and operationalising the EU’s toolbox
2021/09/28
Committee: AFET
Amendment 157 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point h a (new)
(h a) create an EU anti-corruption task force, gathering anti-corruption experts, with the mandate to conduct ex-ante assessments of the level of corruption in third countries and to design comprehensive reform plans to tackle corruption prior to the conclusion of any EU agreement and the programming of EU funds; place this taskforce’s work under European Parliament’s oversight and grant this task force with adequate powers and resources to conduct investigations and evaluation on the ground and to provide technical and operational assistance to partner countries to implement required reforms; condition any EU bilateral assistance and bilateral agreement to full cooperation with this taskforce and genuine anti- corruption reform steps;
2021/09/28
Committee: AFET
Amendment 163 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point j
(j) ensure that the highest ethical and transparency standards are applied in EU funding, that CSOs and independent actors are included and that grievance mechanisms are available and accessible; ensure that all EU bodies and agencies improve access to information and refrain from charging fees for access to information; including the financing of projects and loans by the European Investment Bank (EIB), that CSOs and independent actors are fully involved in the monitoring of these funds and that grievance mechanisms are available, accessible and ensure accountability for the possible misuse of funds; ensure that all EU bodies and agencies guarantee free, swift and easy access to information, including regarding the allocation, the final recipient of funding and the final use of funds;
2021/09/28
Committee: AFET
Amendment 169 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point l
(l) include in all EU-third country trade and investment agreements, include a strong and mandatory human rights conditionality framework with transparency provisions and binding and enforceable anti- corruption clauses; as a last resort,include commitment and high-standards of whistleblower protection in all EU trade and investment agreements with third parties; impose sanctions or suspend agreements in the event of serious acts of corruption;
2021/09/28
Committee: AFET
Amendment 173 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point l a (new)
(l a) apply inclusive and meaningful transparency in trade negotiations, enable public oversight and public awareness of strategies and priorities; require similar degree of transparency from the negotiating partners;
2021/09/28
Committee: AFET
Amendment 185 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point o
(o) recognise the crucial role of CSOs, human rights defenders (HRDs) and investigative journalists in the fight against corruption, through changing societal norms, fighting impunity, gathering data, and achieving better implementation and enforcement of anti-corruption measures; insist on the need for victims of corruption to be able to participate in judicial corruption proceedings and to claim for compensations;
2021/09/28
Committee: AFET
Amendment 187 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point o a (new)
(o a) insist on the importance of creating a safe and enabling environment and protecting journalists, whistleblowers, witnesses and anti-corruption activists from threats arising from their activities in preventing and fighting corruption;
2021/09/28
Committee: AFET
Amendment 190 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point p
(p) design programmes to provide more financial support to CSOs, independent media, whistleblowers and HRDs working on preventing and exposing corruption, advancing transparency and accountability,; inclumprove smaller CSOs’ access to EU funding; support against strategic lawsuits (strategic lawsuits against public participation, SLAPP suits); improve smaller CSOs’ access to EU fuparliaments in their oversight roles with capacity building and advance internal party democracy with capacity building and ingternal reforms;
2021/09/28
Committee: AFET
Amendment 192 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point p a (new)
(p a) strengthen their support to civil society stakeholders targeted by strategic lawsuits against public participations (SLAPPs) and come forward with an EU directive enacting protection and legal safeguards for victims of SLAPPs, including the possibility for the victim to request the dismissal of abusive lawsuits;
2021/09/28
Committee: AFET
Amendment 196 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point q
(q) empower and allocate dedicated resources to EU delegations and Member States' representations to strengthen protection of witnesses, whistleblowers and anti-corruption HRDs, including through temporary visa schemtheir relatives and other persons close to them, as appropriate, including through issuing emergency visas and providing temporary shelter in EU Member States;
2021/09/28
Committee: AFET
Amendment 202 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point r
(r) promote strong access to information laws, including improved transparency of public procurement and lobbying, with independent oversight bodies; promote greater policy coherence, including by integrating human rights due diligence and anti-corruption provisions into public procurement;
2021/09/28
Committee: AFET
Amendment 204 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point s
(s) support and strengthen independent, impartial and effective judiciaries, prosecution and law enforcement bodies; for the successful investigation, prosecution and adjudication of corruption offences, including through sufficient financial and training resources;
2021/09/28
Committee: AFET
Amendment 208 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point t
(t) continue supporting free and fair electoral processes and promote accountability to voters with special attention to electoral fraud and vote buying; promote transparency and impartiality rules to counter illicit political financing; ensure a more systematic follow-up on the recommendations of international observer missions;
2021/09/28
Committee: AFET
Amendment 238 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point ab
(ab) promote the inclusmeaningful and effective participation of non- governmental stakeholders, including academia and CSOs, as observers in subsidiary bodies of the Conference of States Parties of the UNCAC and other multilateral anti-corruption mechanisms;
2021/09/28
Committee: AFET
Amendment 240 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point ab a (new)
(ab a) advance efforts to effectively enforce the prohibition of corruption in the private sector, in line with the UNCAC, to effectively enforce penalties on corporations for acts of corruption and to extend the prohibition of corruption to all corporation under national jurisdictions, regardless of where the act of corruption takes place;
2021/09/28
Committee: AFET
Amendment 241 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point ab b (new)
(ab b) require all large companies and all listed companies, included those established in the EU and non EU companies operating in the EU market, to report on the impact of their activities and on the policy they implement on anti- corruption and anti-bribery matters;
2021/09/28
Committee: AFET
Amendment 245 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point ac
(ac) urgently set up an EU mandatory human rights and environmental due diligence (HRDD) instrumentlegislation that requires companies to engage actively in the identification, assessment, mitigation, prevention and notification of any adverse impacts of their businesses and supply chains on human rights, and which includes strong anti-corruption provisions and obligatory grievance mechanismsundertakings, including banks and financial institutions, to identify, prevent, mitigate, cease and account for human rights violations, including acts of bribery and corruption arising from their business models and operations in their global value chains, with robust enforcement mechanisms and liability regimes enabling victims to hold companies into account and to seek for remedy;
2021/09/28
Committee: AFET
Amendment 247 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point ac a (new)
(ac a) ensure that due diligence obligations apply to the bribery of foreign public officials, occurring directly or through intermediaries and is imposed to all entities and business relationships on a company’s global value chain; ensure liability of the company directing, authorizing or covering acts of corruption;
2021/09/28
Committee: AFET
Amendment 249 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point ad a (new)
(ad a) enact binding provisions and guidance for companies to guarantee safe internal and confidential reporting by directors, officers, employees and business partners on breaches of anti- corruption rules and professional ethics within the company and to protect these stakeholders, in line with the EU whistleblower directive;
2021/09/28
Committee: AFET
Amendment 251 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point ae
(ae) reconfirm the importance of the UN Guiding Principles on Business and Human Rights by ensuring that all Member States that have not yet adopted national action plans do so as soon as possible, and promote the adoption of action plans and corporate due diligence legislations by third countries; engage constructively and actively in the negotiations on the UN Binding Treaty on Business and Human Rights;
2021/09/28
Committee: AFET
Amendment 255 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – subheading 8
Sanctioning corruption through the EU Global Human Rights Sanctions Regime (EU Magnitsky Act )
2021/09/28
Committee: AFET
Amendment 260 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point af
(af) swiftly come forward with a legislative proposal to amend the current EU Global Human Rights Screate a stand-alone global sanctions regime to tackle acts of corruption defined on the basis of the UNCAC; ensure oversight of the European Parliament on the implementation of this new sanctions Rregime by extending its scope to include acts of corrupand adopt strict reporting requirements to monitor the implementation of sanctions; note the risk of corrupt actors moving their assets to the EU as more and more countries adopt stricter frameworks;
2021/09/28
Committee: AFET
Amendment 272 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point af a (new)
(af a) swiftly adopt targeted sanctions, including asset freeze and travel bans, to high-ranked officials and economic actors responsible for acts of corruption; share information and coordinate with likeminded partners;
2021/09/28
Committee: AFET
Amendment 280 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point aj
(aj) recognise the causal linkages between environmental degradastruction as an impediment to the enjoyment of human rights, and the underlying networks of corruption, bribery or organised crime; work towards mainstreaming anti- corruption in EU climate action,nd environmental action advancing transparency and good governance of natural resources and the fight against land grabbing, and focusing on the sectors most at risk, such as the extractive industries;
2021/09/28
Committee: AFET
Amendment 284 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point ak
(ak) protect environmental HRDs and land defenders, particularly women and indigenous HRDs, who face the greatest risk of harassment, intimidation and violence and killings, including through issuing emergency visas and providing temporary shelter in EU Member States;
2021/09/28
Committee: AFET
Amendment 4 #

2021/2055(INI)

Motion for a resolution
Citation 27 a (new)
— having regard to its resolution of 10 October 2013 on caste-based discrimination, in particular article 6 on religion as an intersectional factor of discrimination and abuse,
2021/06/28
Committee: AFET
Amendment 11 #

2021/2055(INI)

Motion for a resolution
Citation 29 a (new)
— having regard to its resolutions of 17 December 2020 on forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region and of 18 April 2019 on China, notably the situation of religious and ethnic minorities,
2021/06/28
Committee: AFET
Amendment 28 #

2021/2055(INI)

Motion for a resolution
Recital A
A. whereas UN human rights treaties, together with international and EU laws provide standards for the protection of the rights of persons belonging to belief or religious minorities as an integral part of human rights;
2021/06/28
Committee: AFET
Amendment 38 #

2021/2055(INI)

Motion for a resolution
Recital B
B. whereas freedom of religion or belief is violated in almost one third of countries worldwide; whereas over 5 billion people live in countries imposing or tolerating severe violations of freedom of thought, conscience, religiousn or belief;
2021/06/28
Committee: AFET
Amendment 42 #

2021/2055(INI)

Motion for a resolution
Recital C
C. whereas discrimination and persecution of religious is carried out by different actors – whether governments or other groups in society – and can take different forms, such as killings, physical attacks, arbitrary arrests, enforced disappearances, extrajudicial executions, coercion, forced conversion, kidnapping and forced marriage, forced birth control, threats, exclusion, discriminatory and unfair treatment, harassment, physical and mental abuse, rape and sexual violence, executions, limitation of access to elective offices, judicial harassment and prosecution, employment, education, health and administration services, destruction of places of worship, cemeteries and cultural heritage, and online hate speech;
2021/06/28
Committee: AFET
Amendment 43 #

2021/2055(INI)

Motion for a resolution
Recital C
C. whereas discrimination and persecution of minorities on the ground of belief or religious is carried out by different actors – whether governments or other groups in society – and can take different forms, such as killings, physical attacks, arbitrary arrests, coercion, forced conversion, kidnapping and forced marriage, forced birth control, threats, exclusion, discriminatory and unfair treatment, harassment, limitation of access to elective offices, employment, education, health and administration services, destruction of places of worship, cemeteries and cultural heritage, and online hate speech;
2021/06/28
Committee: AFET
Amendment 44 #

2021/2055(INI)

Motion for a resolution
Recital C
C. whereas discrimination and persecution of religious is carried out by different actors – whether governments or other groups in societystates and non- state actors, or combination of both – and can take different forms, such as killings, physical attacks, arbitrary arrests, coercion, forced conversion, kidnapping and forced marriage, forced birth control, threats, exclusion, discriminatory and unfair treatment, harassment, limitation of access to elective offices, employment, education, health and administration services, destruction of places of worship, cemeteries and cultural heritage, and online hate speech;
2021/06/28
Committee: AFET
Amendment 48 #

2021/2055(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the COVID-19 pandemic has exacerbated persecution and violence against belief and religious minorities in some countries; whereas furthermore the health crisis can provide a pretext to adopt persecution measures for purposes unrelated to the pandemic; whereas belief and religious minorities have become particularly vulnerable to COVID-19 infection and mortality due to unequal access to adequate medical care;
2021/06/28
Committee: AFET
Amendment 50 #

2021/2055(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas women of belief and religious minorities are particularly at risk of increased discrimination and violence linked to intersectional factors such as gender, religion, caste, ethnic background, power imbalances and patriarchy;
2021/06/28
Committee: AFET
Amendment 56 #

2021/2055(INI)

Motion for a resolution
Recital C c (new)
Cc. whereas minorities on the ground of belief and religious often lack of adequate national representation; whereas legislation often excludes the needs and interests of these minorities, with governments employing a range of extra-legal measures that persecute, delegitimise or stigmatise minorities on the ground of belief or religion;
2021/06/28
Committee: AFET
Amendment 58 #

2021/2055(INI)

Motion for a resolution
Recital C d (new)
Cd. whereas social media platforms are increasingly exploited as spaces for incitement to hatred and violence; whereas belief or religious minorities continue to be subject to hate speech online and offline from individuals across the political spectrum;
2021/06/28
Committee: AFET
Amendment 63 #

2021/2055(INI)

Motion for a resolution
Recital D
D. whereas in 2018 Asia and the Pacific experienced the largest increase in government restrictions on freedom of religion or belief, while the Middle East and North Africa continued to have the highest median level of restrictions;deleted
2021/06/28
Committee: AFET
Amendment 69 #

2021/2055(INI)

Motion for a resolution
Recital E
E. whereas in 2018, Christians were harassed in 145 countries, Muslims in 139, Jews in 88, Buddhists in 24, Hindus in 19 countries and non-believers in 18 countries12 ; __________________ 12According to data collected by the Pew Research Center (10 November 2020).deleted
2021/06/28
Committee: AFET
Amendment 79 #

2021/2055(INI)

Motion for a resolution
Paragraph 1
1. Affirms its unwavering commitment to promoting and protecting the rights of persons belonging to religious minorities everywhere in the world, including their right to change or choose their religion or belief, in respect of the principles of equality and non- discrimination; condemns in the strongest terms all persecution, violence, incitement to violence and terrorism targeting any minority on the grounds of religion and belief; reaffirms its support for victims of violence based on belief or religion, and its commitment to eradicating such violence;
2021/06/28
Committee: AFET
Amendment 80 #

2021/2055(INI)

Motion for a resolution
Paragraph 1
1. Affirms its unwavering commitment to promoting and protecting the rights of persons belonging to belief or religious minorities everywhere in the world, including their right to change or choose their rbeligionef or breliefgion, in respect of the principles of equality and non- discrimination; condemns in the strongest terms all persecution, violence, incitement to violence and terrorism targeting any minority on the grounds of rbeligionef and breliefgion;
2021/06/28
Committee: AFET
Amendment 85 #

2021/2055(INI)

Motion for a resolution
Paragraph 2
2. Takes the view that, regardless of their religion and beliefbelief, religion, thought and conscience, it is essential to promote and ensure the inclusion of all citizens in their societies and in political, socio-economic and cultural life;
2021/06/28
Committee: AFET
Amendment 93 #

2021/2055(INI)

Motion for a resolution
Paragraph 3
3. Stresses that freedom of religion or beliefthought, belief and religion, including freedom to worship, and freedom to believe or not believe, to espouse theistic, non-theistic, agnostic or atheistic views and the right to apostasy is a human right, and that it often serves as a last bastion of liberty and as a source of fierce determination in highly repressive settings;
2021/06/28
Committee: AFET
Amendment 95 #

2021/2055(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Stresses that the religious grounds of persecution are often intertwined with some other grounds of distinct nature, in particular those linked to ethnicity, gender and caste; condemns the ongoing persecution and serious and systematic human rights violations in some countries that can amount to crimes against humanity;
2021/06/28
Committee: AFET
Amendment 99 #

2021/2055(INI)

Motion for a resolution
Paragraph 4
4. Is deeply concerned about the rise over the last decade of violence against people belonging to minorities on the grounds of their belief or religion as a global phenomenon, which is intensifying and affecting more and more countries; notes that it affects many religious communities, namely Christians (including Copts), Jews, Muslims (including Ahmadis and Alevis), Buddhists, Hindus and smaller religious groups, such as Baha’is, Sikhs and Zoroastrians, as well as groups of people who are atheists, humanists, agnostics or do not identify with any belief or religion;
2021/06/28
Committee: AFET
Amendment 108 #

2021/2055(INI)

Motion for a resolution
Paragraph 5
5. Stresses that among believers’ groups, Christians are estimated to constitute the majority of people facing persecution for their faith; underlines that globally around 340 million Christians experience high levels of persecution and discrimination, with over 4 500 Christians killed for their faith, 4 500 churches and other Christian buildings attacked, and over 4 200 believers detained without trial, arrested, sentenced or imprisoned in 2020 alone; is alarmed about the increase in the overall level of discrimination, and especially about the sharp increase in the number of killings compared to 2019;deleted
2021/06/28
Committee: AFET
Amendment 117 #

2021/2055(INI)

Motion for a resolution
Paragraph 6
6. Is concerned about the persecution and serious human rights violations against Muslim minorities;deleted
2021/06/28
Committee: AFET
Amendment 128 #

2021/2055(INI)

Motion for a resolution
Paragraph 7
7. Is worried about growing antisemitism worldwide, given that although Jews make up only 0.2 % of the global population, they faced harassment in 88 countries in 2018;deleted
2021/06/28
Committee: AFET
Amendment 131 #

2021/2055(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Is concerned about the application of sharia, blasphemy and other religious laws over national laws in some countries, where discrimination based on religious ground is taught at school and where practices like female genital mutilation, forced conversions, birth control, abortions and marriages, among others forms of violence, are taking place in total impunity;
2021/06/28
Committee: AFET
Amendment 138 #

2021/2055(INI)

Motion for a resolution
Subheading 1
The Middle East and North Africadeleted
2021/06/28
Committee: AFET
Amendment 142 #

2021/2055(INI)

Motion for a resolution
Paragraph 9
9. Notes with particular concern that persecution of Christians is widespread in the Middle East, at times amounting to genocide, and has prompted an exodus of Christians from the region over the past two decades, resulting in approximately 15 million Christians making up 4 % of the population in the Middle East and North Africa, down from 20 % a century ago;deleted
2021/06/28
Committee: AFET
Amendment 149 #

2021/2055(INI)

Motion for a resolution
Paragraph 10
10. Strongly deplores that millions of Christians have been uprooted from their homes, and that many have been killed, kidnapped, imprisoned, discriminated against and have had restrictions placed on their freedom of worship; notes that forms of persecution also exist in all aspects of social life, including in employment and education;deleted
2021/06/28
Committee: AFET
Amendment 156 #

2021/2055(INI)

Motion for a resolution
Paragraph 11
11. Recalls the crimes against humanity and war crimes were committed in Iraq and Syria by the so-called ‘ISIS/Daesh’ against Christians, Yazidis, Muslims and other religious and ethnic minorities in the territories under its control during the period 2014-2020;deleted
2021/06/28
Committee: AFET
Amendment 163 #

2021/2055(INI)

Motion for a resolution
Paragraph 12
12. Underlines that the persecution of minority Muslim denominations or sects is widespread in the countries in the Middle East and North Africa in which Islam is the predominant or official religion;deleted
2021/06/28
Committee: AFET
Amendment 164 #

2021/2055(INI)

Motion for a resolution
Paragraph 13
13. Notes with particular concern that the Middle East and North Africa present the highest regional levels of anti-Semitic attitudes, and that Holocaust denial is prevalent among certain segments in society and even at state level, such as in Iran;deleted
2021/06/28
Committee: AFET
Amendment 172 #

2021/2055(INI)

Motion for a resolution
Paragraph 14
14. Is concerned about the persecution of Baha’is in the Middle East; strongly condemns the restrictions imposed on the Baha’i community by the Houthis in Yemen, the expulsion of community members from Qatar and the continued systematic arrests, imprisonment, torture and harassment of community members in Iran;deleted
2021/06/28
Committee: AFET
Amendment 177 #

2021/2055(INI)

Motion for a resolution
Paragraph 15
15. Deplores the fact that atheists are still persecuted in almost all of the region and that apostasy carries the death sentence in several countries; expresses its regret that freedom of worship is severely limited in some of the countries in the Middle East, with the notable example of Saudi Arabia, where public practice of any religion other than Islam is strictly prohibited;
2021/06/28
Committee: AFET
Amendment 181 #

2021/2055(INI)

Motion for a resolution
Subheading 2
Asiadeleted
2021/06/28
Committee: AFET
Amendment 188 #

2021/2055(INI)

Motion for a resolution
Paragraph 16
16. Notes that persecution of religious minorities in Asia is commonplace in many countries, especially in those with communist regimes, and that blasphemy laws are of particular concern, particularly in Pakistan;deleted
2021/06/28
Committee: AFET
Amendment 198 #

2021/2055(INI)

Motion for a resolution
Paragraph 17
17. Deplores the crimes against Muslim communities in Asia, including the past and current human rights abuses against the Muslim Rohingya population;deleted
2021/06/28
Committee: AFET
Amendment 211 #

2021/2055(INI)

Motion for a resolution
Paragraph 18
18. Is concerned about the situation of Buddhists; takes special note of the difficult situation faced by Buddhists in Vietnam;deleted
2021/06/28
Committee: AFET
Amendment 217 #

2021/2055(INI)

Motion for a resolution
Paragraph 19
19. Underlines that Hindus continued to be harassed in 19 countries in 2018, most notably in Pakistan, Bangladesh and Sri Lanka;deleted
2021/06/28
Committee: AFET
Amendment 223 #

2021/2055(INI)

Motion for a resolution
Paragraph 20
20. Strongly condemns terror attacks on places of worship, including the Easter attacks in Sri Lanka in 2019, when nine suicide bombers carried out a series of attacks, including on three churches;deleted
2021/06/28
Committee: AFET
Amendment 231 #

2021/2055(INI)

Motion for a resolution
Subheading 3
Sub-Saharan Africadeleted
2021/06/28
Committee: AFET
Amendment 234 #

2021/2055(INI)

Motion for a resolution
Paragraph 21
21. Notes with particular concern the rise of terrorist groups and militias in several parts of Africa, including in the Sahel, Nigeria and Mozambique, and of terrorist violence against religious minorities;deleted
2021/06/28
Committee: AFET
Amendment 242 #

2021/2055(INI)

Motion for a resolution
Paragraph 22
22. Strongly condemns, in this regard, the violence, including murder, kidnapping and burning of places of worship, committed by terrorist and militant groups against Christian and Muslim communities in Nigeria, Mozambique and the Central African Republic;deleted
2021/06/28
Committee: AFET
Amendment 249 #

2021/2055(INI)

Motion for a resolution
Subheading 4
Tackling key challenges posed by the persecution against belief or religious minorities
2021/06/28
Committee: AFET
Amendment 257 #

2021/2055(INI)

Motion for a resolution
Paragraph 23
23. Stresses the paramount importance of holding accountable perpetrators of human rights abuses against persons belonging to belief or religious minorities; calls on the EU and Member States to urgently work towards the establishment of additional UN mechanisms and committees to investigate current human rights violations against belief and religious minorities around the world;
2021/06/28
Committee: AFET
Amendment 261 #

2021/2055(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Calls on the Council, the Commission, the EEAS and EU Member States to work with third countries for the adoption of measures to prevent and fight hate crime, and for the adoption of legislation that is fully compliant with international standards on the freedom of expression and the freedom of belief and religion;
2021/06/28
Committee: AFET
Amendment 266 #

2021/2055(INI)

Motion for a resolution
Paragraph 24
24. Calls on the Council and EU Member States to apply sanctions against individuals and entities responsible for or involved in systematic violations of the rights of persons belonging to belief or religious minorities, as provided for by the EU Global Human Rights Sanctions Regime;
2021/06/28
Committee: AFET
Amendment 270 #

2021/2055(INI)

Motion for a resolution
Paragraph 25
25. Is appalled by the exacerbation of persecution against belief or religious minority groups during the COVID-19 pandemic; denounces the fact that persons belonging to belief or religious minorities have been scapegoated, blamed for spreading the COVID-19 virus, and have been denied or faced discrimination in access to public healthcare, food or humanitarian aid, on the basis of rbeligiousef or breliefgious criteria;
2021/06/28
Committee: AFET
Amendment 276 #

2021/2055(INI)

Motion for a resolution
Paragraph 26
26. Underlines that women belonging to belief or religious minorities have been specifically and increasingly targeted with the purpose of inflicting harm on their community as a whole; stresses that they are particularly exposed to violent attacks, kidnapping, sexual violence, forced conversion, forced and early marriage and domestic incarceration, and that lockdown measures taken during the COVID-19 pandemic have made their human rights situation even more precarious; calls to devote particular attention to abolishing practices and legislation that discriminate against them;
2021/06/28
Committee: AFET
Amendment 284 #

2021/2055(INI)

Motion for a resolution
Paragraph 27
27. Condemns the use by authoritarian regimeState actors of legislation on security, or security imperatives, sedition and the fight against terrorism and extremism as an instrument to persecute or criminalize persons belonging to belief and religious minorities, to outlaw or restrict the practise or expression of their belief or religion and gatherings of believers, and to deter the membership and registration of belief or religious associations; calls on the Commission and European External Action Service (EEAS) to monitor carefully the implementation of such legislation, and to consistently raise this issue in bilateral dialogues with the governments concerned; urges EU Member States to reject any request by foreign authorities for judicial and police cooperation in individual judicial cases if they are based on such legislation;
2021/06/28
Committee: AFET
Amendment 289 #

2021/2055(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Strongly condemns the use of coercive detention of belief and religious minorities in State-run re-education camps; deplores the actions of State authorities to force learning the dominant language, sing praises of the dominant party and renounce their religion in the internment camps; strongly condemns the use of forced labour of belief or religious minorities in State controlled factories; and the massive use of digital surveillance technologies to monitor and control population belonging to belief or religious minorities;
2021/06/28
Committee: AFET
Amendment 291 #

2021/2055(INI)

Motion for a resolution
Paragraph 27 b (new)
27b. Condemns the intensified surveillance, attempts to control the functioning, practices and leadership of religious communities and minorities by some countries and the interference in their systems of belief;
2021/06/28
Committee: AFET
Amendment 296 #

2021/2055(INI)

Motion for a resolution
Paragraph 28
28. Deplores the fact that more than 70in some countries in the world authorities enforce criminal laws or seek to introduce new legislation which provide for punishments for blasphemy, apostasy and conversion, including the death sentence, or use laws against provoking religious offence to arbitrarily detain and ill-treat minorities on the ground of belief or religion, or claim violation of public order laws or law against incitement to violence without sufficient evidence to justify such charges; notes that laws already in place are used disproportionately against people belonging to belief or religious minorities, and are thus seen, with good reason, as an instrument of oppression; calls for the EU to intensify its political dialogue with all countries concerned with a view to repeal those laws;
2021/06/28
Committee: AFET
Amendment 299 #

2021/2055(INI)

Motion for a resolution
Paragraph 28
28. Deplores the fact that more than 70 countries in the world enforce criminal laws or seek to introduce new legislation which provide for punishments for blasphemy, apostasy and conversion, including the death sentence; notes that laws already in place are used disproportionately against people belonging to religious minorities, and are thus seen, with good reason, as an instrument of oppression; calls for the EU to intensify its political dialogue with all countries concerned with a view to repeal those laws; underlines that converts leaving a majority faith often experience the most severe violations including imprisonment, forced divorce, abduction, physical violence and murder;
2021/06/28
Committee: AFET
Amendment 302 #

2021/2055(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Notes the need to protect the lawyers, NGOs and members of the civil society that help, collaborate and defend those who are persecuted on the grounds of belief or religion;
2021/06/28
Committee: AFET
Amendment 303 #

2021/2055(INI)

Motion for a resolution
Paragraph 28 b (new)
28b. Stresses the need to eliminate discrimination in the field of employment, education, access to justice and effective remedies, housing, and healthcare; underlines the need to work with human rights institutions and organisations to monitor the compliance, examine complaint and repeal laws and policies that discriminate or persecute minorities on the ground of belief or religion;
2021/06/28
Committee: AFET
Amendment 309 #

2021/2055(INI)

Motion for a resolution
Paragraph 28 c (new)
28c. Underlines the importance of civil society initiatives in tackling the persecution of minorities on the ground of belief and religion, and in promoting a multi-layered holistic approach that encompass human rights, conflict resolution, development, and interfaith and interreligious initiatives;
2021/06/28
Committee: AFET
Amendment 313 #

2021/2055(INI)

Motion for a resolution
Subheading 5
Strengthening EU human rights foreign policy and external actions to address the persecution of belief or religious minorities
2021/06/28
Committee: AFET
Amendment 315 #

2021/2055(INI)

Motion for a resolution
Paragraph 29
29. WelcomesTakes note of the recent appointment of Mr Christos Stylianides as the EU Special Envoy for the promotion of freedom of religion or beliefbelief or religion; reiterates its calls on the Commission to guarantee transparency in the nomination, mandate, activities and reporting obligations of the Special Envoy and to ensure commitment to the universality, indivisibility and interdependence of all human rights and to European values; stresses that the Special Envoy’s duties should focus on promoting freedom of thought, conscience, religion and belief, and the rights to non-belief, apostasy and the espousal of atheistic views, also paying attention to the situation of non-believers at risk; calls on the Commission to include objectives for the fight against persecution of minorities on the grounds of belief or religion as important part of his mandate; recommends that the Special Envoy works closely with the EU Special Representative for Human Rights and the Council Working Group on Human Rights (COHOM), and reiterates its calls on the Council and the Commission to adequately support the Special Envoy’s institutional mandate, capacity and duties; carry out a transparent and comprehensive assessment of the effectiveness and added value of the position of the Special Envoy;
2021/06/28
Committee: AFET
Amendment 323 #

2021/2055(INI)

Motion for a resolution
Paragraph 30
30. Calls on the Council, the Commission, EEAS and EU Member States to address persecutions based on belief or religion as a priority of EU human rights foreign policy, in line with the EU action plan for human rights and democracy for 2020-2024; stresses that a multi-layered and multi-actor approach is needed to protect and promote freedom of rbeligionef or breliefgion, encompassing human rights, conflict resolution and interfaith initiatives that involve multiple state and non-state actors; reiterates its call for a public review of the EU Guidelines on freedom of religion or belief, allowing for the assessment of their implementation and of proposals for their update; also calls for progress reports on the implementation of the Guidelines to be communicated regularly to Parliament;
2021/06/28
Committee: AFET
Amendment 328 #

2021/2055(INI)

Motion for a resolution
Paragraph 31
31. Urges the EEAS and EU Delegations to include objectives specifically related to the protection of belief or religious minorities for all relevant situations, as part of the human rights and democracy country strategies (HRDCSs) for 2021-2024. and to consistently raise general issues and specific cases relating to the discrimination against and persecution of belief or religious minorities during human rights dialogues with partner countries and ensure that these exchanges produce genuine positive outcomes; reiterates its call for Members of the European Parliament to be given access to the content of HRDCSs;
2021/06/28
Committee: AFET
Amendment 334 #

2021/2055(INI)

Motion for a resolution
Paragraph 32
32. Calls on the Commission and EEAS to scrutinise the human rights situations of belief or religious minorities in third countries and the implementation of related commitments under bilateral agreements of those countries with the EU, including under trade agreements such as the Generalized Scheme of Preferences Plus;
2021/06/28
Committee: AFET
Amendment 8 #

2021/2042(INI)

Motion for a resolution
Citation 3 a (new)
— having regard to the joint communication from the European Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions - Tackling Covid-19 disinformation - Getting the facts right (JOIN/2020/8 final),
2021/06/02
Committee: AFET
Amendment 291 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point d a (new)
(da) the EU should urgently equip itself with the necessary resources and tools to analyse and effectively counter Russian State and non-state actors’ hybrid threats and multiple forms of interferences in our democratic systems, including in the cyberspace; this includes improving and developing instruments and legal frameworks to fight against disinformation campaigns conducted by Russian actors on social media and through other channels such as RT and Sputnik;
2021/06/02
Committee: AFET
Amendment 297 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point d b (new)
(db) the EU should establish a regulatory framework to fight the Russian financial interference in our democratic processes, including the strategy of elite capture and the technique of co-opting top-level civil servants and former European politicians; it should respond to and prevent the funding, by Russian actors, of political parties, notably far-right parties, political movements and political campaigns;
2021/06/02
Committee: AFET
Amendment 300 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point d c (new)
(dc) the EU should fight against Russian state-backed investments in strategic infrastructures and bodies, including universities, which risk creating or reinforcing the dependency of certain economic sectors on Russia and can serve as entry points for Russian espionage and security threats;
2021/06/02
Committee: AFET
Amendment 302 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point d d (new)
(dd) the EU should fight against harassment, intimidations and attacks against Russian refugees and asylum seekers in Europe; EU members states should refrain from allowing or enabling deportations and extraditions of political opponents and asylum seekers to Russia, where their life or physical integrity would be in danger;
2021/06/02
Committee: AFET
Amendment 427 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point k a (new)
(ka) the EU should encourage and support efforts in national and international jurisdictions to launch criminal proceedings to hold Russian military and para-military groups accountable for violations and crimes, including war crimes, committed against civilians during operations in multiple countries, such as for instance Syria and Libya;
2021/06/02
Committee: AFET
Amendment 477 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point n a (new)
(na) the EU should call for the withdrawal of oppressive laws against the civil society and political opposition, which designate selected organisations as ‘undesirable’ or ‘extremist’ and thus prevent them from conducting their activities and subject them to possible criminal cases; it should demand the repeal of the ‘foreign agents’ law systematically applied to retaliate against free media and independent journalists and should strengthen its support to independent media in Russia;
2021/06/02
Committee: AFET
Amendment 484 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point n b (new)
(nb) the EU should strongly demand the end of arbitrary arrests, detention and judicial harassment of political activists and peaceful demonstrators in Russia; it must encourage and support investigations of these abuses and judicial proceedings to hold the responsible of such violations accountable;
2021/06/02
Committee: AFET
Amendment 486 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point n c (new)
(nc) the EU should reinforce its financial support to all pro-democracy organisations and activists and to human rights defenders in Russia and should provide all necessary resources to existing programs aimed at the protection of human rights defenders;
2021/06/02
Committee: AFET
Amendment 489 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point n d (new)
(nd) the EU should reinforce its support to the protection of LGBTI people in Russia and other vulnerable communities against abuses and violations, including ill-treatment and torture by security forces, notably in Chechnya;
2021/06/02
Committee: AFET
Amendment 11 #

2021/2037(INI)

Motion for a resolution
Citation 5 d (new)
— having regard to its previous resolutions and reports on the situation in China, in particular those of 19 December 2019 on the situation of the Uyghurs in China (China Cables), of 18 April 2019 on China, notably the situation of religious and ethnic minorities, of4 October 2018 on mass arbitrary detention of Uyghurs and Kazakhs in the Xinjiang Uyghur Autonomous Region, of 12 September 2018 on the state of EU-China relations, and of 15 December 2016 on the cases of the Larung Gar Tibetan Buddhist Academy and Ilham Tohti, of 10 March 2011 on the situation and cultural heritage in Kashgar (Xinjiang Uyghur Autonomous Region, China), and of 26 November 2009 on China: minority rights and application of the death penalty;
2021/05/27
Committee: AFET
Amendment 13 #

2021/2037(INI)

Motion for a resolution
Citation 5 a (new)
— having regard to the Council regulation (EU 2020/1998 and to the Council Decision (CFSP 2020/1999 of 7 December 2020 concerning restrictive measures against serious human rights violations and abuses;
2021/05/27
Committee: AFET
Amendment 17 #

2021/2037(INI)

Motion for a resolution
Citation 5 b (new)
— having regard to the European Parliament report with recommendations to the Commission on corporate due diligence and corporate accountability (2020/2129 (INL));
2021/05/27
Committee: AFET
Amendment 22 #

2021/2037(INI)

Motion for a resolution
Citation 5 c (new)
— having regard to the European Parliament resolution on 17 December 2020 on forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region (2020/2913 RSP);
2021/05/27
Committee: AFET
Amendment 27 #

2021/2037(INI)

Motion for a resolution
Citation 5 e (new)
— having regard to the Council conclusions of 21 April2021 on an EU Strategy for cooperation in the Indo- Pacific;
2021/05/27
Committee: AFET
Amendment 29 #

2021/2037(INI)

Motion for a resolution
Citation 5 f (new)
— having regard to the joint communication from the European Commission to the European Parliament, the European Council, TheCouncil, The European Economic and Social Committee of the Regions - Tackling Covid-19 disinformation - Getting the facts right (JOIN/2020/8 final);
2021/05/27
Committee: AFET
Amendment 36 #

2021/2037(INI)

Motion for a resolution
Recital A
A. whereas through its strong economic growth and ambitious foreign policy agenda, China is asserting a stronger global role both as an economic power and as foreign policy actor, which poses serious political, economic, security and technological challenges to the EU, has significant consequences for the world order and poses serious threats to liberal democracy;
2021/05/27
Committee: AFET
Amendment 41 #

2021/2037(INI)

Motion for a resolution
Recital A a (new)
A a. whereas the promotion and protection of human rights, democracy and the rule of law should remain at the centre of the relationship between the EU and China, in line with the EU’s commitment to upholding these fundamental principles in all areas of its external action;
2021/05/27
Committee: AFET
Amendment 43 #

2021/2037(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Is concerned about the emerging practice of Chinese courts claiming worldwide jurisdiction over the determination of fair, reasonable and non-discriminatory licencing terms for standard essential patents, and barring companies from challenging their decisions; underlines that this practice amounts to allowing Chinese companies not to pay a fair price for the use of standard essential patents and endangers European research; asks the Commission to engage with the Chinese authorities on this matter;
2021/05/27
Committee: INTA
Amendment 44 #

2021/2037(INI)

Motion for a resolution
Recital A b (new)
A b. whereas since the launch of the Chinese government’s “Strike hard against violent terrorism” campaign in 2014, the situation of Uyghur and other primarily Muslim ethnic minorities in the Xinjiang Uyghur Autonomous region have rapidly deteriorated and whereas more than one million people are imprisoned in detention camps, called ‘political re-education’ or ‘training’ centres, which constitutes the largest mass incarceration system in the world; whereas the Chinese government has developed a massive coercive labour training and transfer scheme, in which Uyghur workers are enrolled and subject to systemic forced and prison labour;
2021/05/27
Committee: AFET
Amendment 44 #

2021/2037(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Urges the Chinese Government to ratify and implement ILO Convention n°29 on Forced Labour, ILO Convention n°105 on the Abolition of Forced Labour, ILO Convention n°87 on Freedom of Association and Protection of the Right to Organize and ILO Convention n°98 on the Right to Organize and to Collective Bargaining; urges China to ratify the International Covenant on Civil and Political Rights;
2021/05/27
Committee: INTA
Amendment 48 #

2021/2037(INI)

Motion for a resolution
Recital A c (new)
A c. whereas the Uyghur population is victim of the Chinese government’s efforts to eradicate their unique identity and existence as a population through torture, enforced disappearance, mass surveillance, cultural and religious erasure, forced sterilization of women, sexual violence and violations of reproductive rights and family separation; whereas credible legal analysis has concluded that these offences knowingly committed as part of a widespread and systemic attack against the civilian population are assessed as crimes against humanity within the international legal framework;
2021/05/27
Committee: AFET
Amendment 53 #

2021/2037(INI)

Motion for a resolution
Recital A d (new)
A d. Whereas China massively invests in the multilateral order and seeks to gain strategic growing influence in multilateral organisations, where Chinese diplomacy seeks to undermine international human rights standards and distort the mandate of key multilateral human rights institutions, such as the UN Human Rights Council, and to hamper critical United Nations Security Council efforts to address dire crises worldwide;
2021/05/27
Committee: AFET
Amendment 56 #

2021/2037(INI)

Motion for a resolution
Recital B
B. whereas China has a track record of human rights violations that eschew the country’s bilateral and multilateral commitments in these areas;deleted
2021/05/27
Committee: AFET
Amendment 63 #

2021/2037(INI)

Motion for a resolution
Recital B a (new)
B a. whereas the EU Global Human Rights sanctions regime enables the EU to impose restrictive measures on targeted individuals, entities and bodies, including states and non-states actors responsible for, involved in or associated with serious human rights violations and abuses, including slavery; whereas on 22nd March 2021 four Chinese individuals and one entity directly responsible for serious human rights violations in the Xinjiang Uyghur Autonomous Region have been included in the list of natural persons and entities subject to these restrictive measures;
2021/05/27
Committee: AFET
Amendment 66 #

2021/2037(INI)

Draft opinion
Paragraph 5
5. WelcomesTakes note of the conclusion at the political level of the EU-China Comprehensive Agreement on Investment (CAI); recalls that the CAI has to be considered in the context of a strengthened EU toolbox of unilateral measures; underlines it will thoroughly scrutinise the agreement, including its sustainable development section, and take stock of the human rights context, before determining its position;; reiterates its most serious concern about the various abuses of human rights in China, and recalls that full respect of universal values, despite the differences between both systems is essential; takes the position that the ratification of the EU-China Comprehensive Agreement on Investment (CAI), by the European Parliament, is suspended until the Chinese retaliatory sanctions are lifted.
2021/05/27
Committee: INTA
Amendment 67 #

2021/2037(INI)

Motion for a resolution
Recital B b (new)
B b. whereas in response to these measures addressing human rights violations and abuses, China imposed counter-sanctions on ten European individuals and four entities, including five Members of the European Parliament and two EU institutional bodies, the Subcommittee on Human Rights of the European Parliament and the Political and Security Committee of the Council of the European Union; whereas Chinese sanctions lack legal justifications and legal basis and directly target not only individuals and entities concerned but the European Union as a whole;
2021/05/27
Committee: AFET
Amendment 69 #

2021/2037(INI)

Motion for a resolution
Recital C
C. whereas the existing EU China Strategy has revealed its limitations in the light of recent developments and the challenges posed by China; whereas China can no longer be considered, equally and at the same time, as a partner, a competitor and a rival;
2021/05/27
Committee: AFET
Amendment 78 #

2021/2037(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Reiterates its call for a legislative proposal aiming at banning the import of products linked to severe human rights violations such as forced labour or child labour;
2021/05/27
Committee: INTA
Amendment 82 #

2021/2037(INI)

Motion for a resolution
Paragraph 1 – point a
(a) elaborate a more assertive EU- China strategy that unites all Member States and shapes relations with Beijing in the interest of the EU as a whole, whilith the defendingce of our values at its core and promoting a rules-based multilateral order;
2021/05/27
Committee: AFET
Amendment 87 #

2021/2037(INI)

Motion for a resolution
Paragraph 1 – point b – point 1
1) Open principled and interests- based dialogue on global challenges;
2021/05/27
Committee: AFET
Amendment 92 #

2021/2037(INI)

Motion for a resolution
Paragraph 1 – point b – point 2
2) Enhanced engagement on human rights issues through economic leverage;
2021/05/27
Committee: AFET
Amendment 100 #

2021/2037(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Considers it necessary to conclude a Bilateral Investment Agreement with Taiwan
2021/05/27
Committee: INTA
Amendment 106 #

2021/2037(INI)

Motion for a resolution
Subheading 1
Open principled and interests-based dialogue on global challenges
2021/05/27
Committee: AFET
Amendment 107 #

2021/2037(INI)

Motion for a resolution
Paragraph 2
2. Calls on the VP/HR to ensure that the new EU-China strategy involves China in an open dialogue on global challenges, such as climate change and the fight against global pandemics; Acknowledges the de facto necessity to engage with China on various global issues such as the fight against climate change, environmental issues, peace and security, sustainable development and space; Calls on the VP/HR to ensure that the new EU-China strategy involves China on global challenges in a dialogue driven by EU fundamental principles and interests and pursuing the core objectives of EU external engagement,
2021/05/27
Committee: AFET
Amendment 117 #

2021/2037(INI)

Motion for a resolution
Paragraph 3
3. Supports greater dialogue and cooperation with China on peace and security, sustainable development, science, technology and innovation, environmental issues, space and aerospace;deleted
2021/05/27
Committee: AFET
Amendment 131 #

2021/2037(INI)

Motion for a resolution
Paragraph 4
4. Underscores the importance of capitalising onencouraging China’s commitment to tackling climate change and other environmental issues by reinforcing a balanced partnership in this field and emphasises the need to ensure that China commits to peak its emissions before 2030, in line with the Paris Agreement by implementing a carbon border adjustment mechanism; Stresses the need to ensure coherence between China’s announced global ambitions in the fight against climate change and the environmental impacts of its investment strategies at home and overseas;
2021/05/27
Committee: AFET
Amendment 140 #

2021/2037(INI)

Motion for a resolution
Paragraph 5
5. Calls for Human Rights Dialogues to be held regularly and calls for a solid benchmarkingthe EU to rethink its approach to Human Rights Dialogues with China in order to ensure that these exchanges produce genuine positive outcomes for human rights and human rights defenders in China; insists ofn the progress made in bilateral dialogues more generallynecessity to complement these EU-China Human Rights Dialogues with systematic human rights discussions at other high- level EU-China summits and bilateral meetings;
2021/05/27
Committee: AFET
Amendment 166 #

2021/2037(INI)

Motion for a resolution
Subheading 2
Enhanced engagement on human rights issues through economic leverage
2021/05/27
Committee: AFET
Amendment 169 #

2021/2037(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Urges the Commission and the EEAS to jointly develop an ambitious, holistic and results-oriented EU strategy for Human Rights in China articulating the use of all areas and instruments of EU external actions and setting concrete goals such as the closure of detention camps in Xinjiang, the end of the persecution of ethnic and religious minorities and human rights defenders and the abolition of death penalty;
2021/05/27
Committee: AFET
Amendment 175 #

2021/2037(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Commission to use the suspension of the ratification process of the EU-China Comprehensive Agreement on Investment (CAI) as a leverage instrument to improve the protection of human rights and support for civil society in China;
2021/05/27
Committee: AFET
Amendment 189 #

2021/2037(INI)

Motion for a resolution
Paragraph 8 – introductory part
8. Underlines the inevitable conditions and pre- ratification commitments that must be met before Parliament can give its consent to the EU- China CAI, notably:
2021/05/27
Committee: AFET
Amendment 192 #

2021/2037(INI)

Motion for a resolution
Paragraph 8 – point a
(a) having a timetable for China’s ratification and full implementation of key International Labour Organisation (ILO) conventions on labour rights and a robust monitoring mechanism, as well as concrete measures or steps towards putting an end to other human rights violations against the Uyghur minority in China; (C029 - Forced Labour Convention, 1930; C087 -Freedom of Association and Protection of the Right to Organise Convention,1948; C098 - Right to Organise and Collective Bargaining Convention, 1949; C105- Abolition of Forced Labour Convention, 1957) and a robust monitoring mechanism with unhindered access to workplaces enabling proper verification of standards implementation;
2021/05/27
Committee: AFET
Amendment 202 #

2021/2037(INI)

Motion for a resolution
Paragraph 8 – point a a (new)
(a a) a “Human rights” clause must be integrated as an essential element of the agreement. This clause should stipulating clearly that respect and protection of human rights, as defined my customary law and international conventions, are binding obligations on the parties and allowing the parties to require appropriate measures from the partner to comply, or to partly or fully suspend the agreement in case of violations;
2021/05/27
Committee: AFET
Amendment 206 #

2021/2037(INI)

Motion for a resolution
Paragraph 8 – point a b (new)
(a b) Ensure that the violation of the revised Investment and Sustainable Development Section of the agreement can lead to sanctions;
2021/05/27
Committee: AFET
Amendment 207 #

2021/2037(INI)

Motion for a resolution
Paragraph 8 – point a c (new)
(a c) the creation of an independent Domestic Advisory Group (DAG), composed of civil society organisations and human rights defenders, provided with the task of monitoring the implementation of all provisions on the agreement and its impact on human, labour and environmental rights. It should be provided with adequate competences and resources to investigate specific issues and cases;
2021/05/27
Committee: AFET
Amendment 208 #

2021/2037(INI)

Motion for a resolution
Paragraph 8 – point a d (new)
(a d) reliable evidence of sustainable termination of human rights violations against the Uyghur population and other minorities in China;
2021/05/27
Committee: AFET
Amendment 210 #

2021/2037(INI)

Motion for a resolution
Paragraph 8 – point b
(b) the repeal by China of the National Security Law imposed on Hong- Kong in June 2020, the release of pro- democracy legislators and activists and a recommitment by China to uphold its international commitments to Hong Kong under the Sino-British Joint Declaration and Hong Kong’s Basic Law;
2021/05/27
Committee: AFET
Amendment 232 #

2021/2037(INI)

Motion for a resolution
Paragraph 9
9. SReiterates its call on China to allow un hindered access to an independent investigation mission in Xinjiang and states its support for UN to carry out legal investigations into alleged genocide and crimes against humanity taking place in the Xinjiang region;
2021/05/27
Committee: AFET
Amendment 240 #

2021/2037(INI)

Motion for a resolution
Paragraph 10
10. Calls for the introduction of a unilateral ban on the import of products from forced labour and child labour or any other form of modern slavery, including cotton from the Xinjiang region in the EU market;
2021/05/27
Committee: AFET
Amendment 249 #

2021/2037(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission to put forward the proposed EU legislation for Mandatory Human Rights Due Diligence Framework as a matter of urgency; recalls that in order to be effective against human rights violations and environmental degradations in China, due diligence obligations must be imposed on both EU companies and non-EU companies operating in the EU market and must cover the entire global value chains of these companies; they must be carefully enforced and monitored;
2021/05/27
Committee: AFET
Amendment 254 #

2021/2037(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Calls on the EU and its Member States to ensure protection of EU and Chinese citizens and EU residents members of the Uyghur Diaspora communities harassed and persecuted in the EU by Chinese authorities, and to investigate the reports of threats and reprisals as a matter of urgency; Calls on the EU Member States to reassess and abolish their extradition agreements with China in the light of the Chinese Government’s severe violations against its population and citizens abroad and in light of the recent sanctions, which could criminalize any Chinese citizen in Europe for interacting with individuals and entities sanctioned;
2021/05/27
Committee: AFET
Amendment 279 #

2021/2037(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to commission an EU-wide audit of the EU dependency on China in certain strategically important and critical sectors, setting out plans to reduce dependency, while maintaining overall trade relations with China, which should be as openbalanced as possible;
2021/05/27
Committee: AFET
Amendment 287 #

2021/2037(INI)

Motion for a resolution
Paragraph 14 – point a
(a) presfosterving the EU’s unity;
2021/05/27
Committee: AFET
Amendment 338 #

2021/2037(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Calls on the Commission and the Member States to counter China’s influence strategy in the EU’s neighbourhood, in particular through investment;
2021/05/27
Committee: AFET
Amendment 340 #

2021/2037(INI)

Motion for a resolution
Paragraph 17 b (new)
17 b. calls on the Commission and Member States to equip themselves with the necessary resources and tools to analyse and counter China State and non- state actors’ hybrid threats and multiple interferences in our democratic systems, including in the cyberspace;
2021/05/27
Committee: AFET
Amendment 341 #

2021/2037(INI)

Motion for a resolution
Paragraph 17 c (new)
17 c. calls on the Commission to encourage and coordinate actions aimed to counter China’s foreign financing of our democratic processes, including the strategy of elite capture and the technique of co-opting top-level civil servants and former European politicians;
2021/05/27
Committee: AFET
Amendment 430 #

2021/2037(INI)

Motion for a resolution
Paragraph 29
29. Calls on the Commission to propose a strategy to deal with trade imbalances more broadly, going beyond the current trade defensive instruments, if necessary, so as to tackle the large structural trade deficit, China’s use of large-scale export credits and loans, the opaque financing of strategic Chinese companies, China’s policy of indigenous innovation connected to efforts to promote Chinese standards while allowing its companies not to pay a fair price for the use of standard essential patents, and its endeavour to become a leading export nation of advanced technological goods;
2021/05/27
Committee: AFET
Amendment 25 #

2021/2025(INI)

Motion for a resolution
Recital A
A. whereas the Union is founded on the values set out in Article 2 of the Treaty on European Union (TEU); whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union; whereas respect of the rule of law binds the Union as a whole, its Member States and their subnational entities;
2021/04/26
Committee: LIBE
Amendment 45 #

2021/2025(INI)

Motion for a resolution
Recital F
F. whereas backsliding on the rule of law and fundamental rights in some countries is seriously affecting mutual trust in the functioning of the area of freedom, security and justice and threatening the Union objectives as enshrined in Article 3 of the TEU, as illustrated by several cases where the European Arrest Warrant was put under a strain due to profound doubts about the independence of the judiciary;
2021/04/26
Committee: LIBE
Amendment 49 #

2021/2025(INI)

Motion for a resolution
Recital F a (new)
F a. whereas emergency measures taken in response to the COVID-19 pandemic have put more pressure on fundamental rights and democratic checks and balances;
2021/04/26
Committee: LIBE
Amendment 64 #

2021/2025(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the fact that justice systems, the anti-corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space, are all part of the Commission’s annual overview of the rule of law situation in the Member States; calls moreover for the inclusion in the annual reports of certain important elements of the Venice Commission’s 2016 Rule of Law Checklist, such as legal safeguards to prevent arbitrariness and abuse of power by public authorities, independence and impartiality of the Bar and equality before the law and non-discrimination; encourages the Commission to also highlight positive trends in Member States that could serve as good examples for others to follow;
2021/04/26
Committee: LIBE
Amendment 68 #

2021/2025(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Notes with satisfaction that the report contains country specific chapters; commends the Commission’s efforts to engage with national Governments and national Parliaments as well as civil society and other national actors; encourages the Commission to devote more efforts to deepen the country analyses with a view to better assess the severity of rule of law challenges; believes that more time should be devoted to the Commission’s country visits, including on site, in order to achieve broader engagement and dialogue with national authorities and civil society; considers that the Commission should raise greater awareness of such country visits to foster the emergence of a rule of law culture at national level;
2021/04/26
Committee: LIBE
Amendment 75 #

2021/2025(INI)

Motion for a resolution
Paragraph 3
3. Stresses the potential preventive benefits of the annual Rule of Law Report; considers that a more thorough evaluation is needed to assess whether the report has had a preventive effect; considers that in any event this is clearly not the case as regards the Member States under the Article 7(1) TEU procedure; believes that the 2020 report should have provided more in-depth assessments, stating whether there is a risk of or actual breach of the Union values in each of the pillars under analysis in the country chapters; considers these assessments necessary to identify follow-up actions and remedial measures and tools; calls for a synthetic approach in the horizontal report in order to clearly identify where the most important risks and problems lie across Member States;
2021/04/26
Committee: LIBE
Amendment 79 #

2021/2025(INI)

Motion for a resolution
Paragraph 4
4. CallsIs concerned by the spill-over effects of the erosion of media freedom into the other areas of analysis; considers smear campaigns against judges, legal professionals and civil society organisations and, in particular, strategic lawsuit against public participation (SLAPP) actions, as a limiting factor to their independence and capacity of action; calls, therefore, for a more integrated analysis on the interlinkages between the four pillars included in the report and of how combined deficiencies may amount to systemic breaches of the rule of law;
2021/04/26
Committee: LIBE
Amendment 87 #

2021/2025(INI)

Motion for a resolution
Paragraph 5
5. Considers that the annual reports should identify cross-cutting trends at Union level; believes that a Union-wide perspective is absent from the 2020 report; asks the Commission to identify instances where certain practices undermining the rule of law, media freedom, check and balances or the fight against corruption in one Member State are becoming blueprints for others or when the gravity and scope of such practices have the potential to affect the Union as a whole; calls for the prioritisation of these Union-wide trends, including the increasing challenges by national Constitutional Courts to the EU legal architecture, in the analysis, to be able to direct remedial action at Union level;
2021/04/26
Committee: LIBE
Amendment 99 #

2021/2025(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the monitoring of the independence, quality and efficiency of the Member States’ justice systems and hence their capacity to provide for effective judicial protection to ensure compliance with Union law; considers that the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level; considers that the reports should go beyond a static annual snapshot and include information on relevant antecedents in the country chapters to enable a dynamic and integral assessment of the independence of judicial systems, including the independence of lawyers and Bars;
2021/04/26
Committee: LIBE
Amendment 117 #

2021/2025(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. 1. Highlights that, in accordance with Article 17(1) TEU, the Commission is to ensure the application of the Treaties and of secondary legislation, including in cases where risks of serious breaches of the values laid down in Article 2 TEU, identified in country reports, have effectively materialised following the publication of the 2020 report;
2021/04/26
Committee: LIBE
Amendment 125 #

2021/2025(INI)

Motion for a resolution
Paragraph 8
8. Decries the fact that the initiation of preliminary ruling proceedings before the Court of Justice of the EU has been declared unlawful in Member States subject to Article 7 of the TEU; is appalled by the growing resistance of some Member States to comply with CJEU rulings on the grounds of sovereignty or unconstitutionality; believes that these developments pose a systemic threat to the Union; considers, therefore, that forthcoming annual reports should consider challenges to the Union’s legal architecture and principles as serious violations in the assessment; calls on the Commission to closely monitor the Constitutional Tribunal's ruling regarding the primacy of national constitutional norms over EU law launched at the request of the Government of one country subject to Article 7; urges the Commission to ensure an immediate and adequate response to a refusal to implement and respect CJEU judgments, such as court actions under Article 260 TFEU;
2021/04/26
Committee: LIBE
Amendment 140 #

2021/2025(INI)

Motion for a resolution
Paragraph 9
9. Welcomes the dedication of a specific chapter to anti-corruption efforts in each country report since systemic corruption undermines both the functioning of the rule of law and the trust of citizens in the decisions taken by authorities, civil servants and the judiciary; points out that while the existence of national anticorruption strategies can be considered progress, their effectiveness on the ground must also be assessed; notes that an assessment of the resilience of the anti-corruption framework to tackle corruption-related risks in the area of public procurement remains largely absent from the 2020 report; invites the Commission to place greater emphasis on the misuse of EU funds, particularly in view of the new conditionality mechanism;
2021/04/26
Committee: LIBE
Amendment 161 #

2021/2025(INI)

Motion for a resolution
Paragraph 11
11. Deplores the lack of assessment as regards the public media sector at national level and its degree of independence from government or any other interference and an assessment of transparency of media ownership; believes that proper implementation of Article 30 of the 2018 Audiovisual Media Services Directive19 should be closely monitored; _________________ 19 OJ L 303, 28.11.2018, p. 69.
2021/04/26
Committee: LIBE
Amendment 163 #

2021/2025(INI)

Motion for a resolution
Paragraph 12
12. Is alarmed by the growing deterioration of media freedom and media pluralism in some Member States since the publication of the 2020 report; observes with concern that challenges to media freedom are interlinked with the undermining of artistic freedom and academic freedom; calls, therefore, for this pillar to be expanded to all aspects of freedom of expression and for the title of the pillar to be adapted accordinglyis deeply concerned at the abuses, crimes and deadly attacks being committed against journalists and media workers in the Union in view of their activities;
2021/04/26
Committee: LIBE
Amendment 172 #

2021/2025(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Observes with concern that challenges to media freedom are interlinked with the undermining of artistic freedom and academic freedom; calls, therefore, for this pillar to be expanded to all aspects of freedom of expression and for the title of the pillar to be adapted accordingly;
2021/04/26
Committee: LIBE
Amendment 177 #

2021/2025(INI)

Motion for a resolution
Paragraph 13
13. Welcomes the report’s pillar on checks and balances, covering, inter alia, the process for preparing and enacting laws, the regime for the constitutional review of laws, the role of independent authorities and of civil society organisations in safeguarding the rule of law, and its examination of exceptional measures taken to fight the COVID-19 pandemic;
2021/04/26
Committee: LIBE
Amendment 186 #

2021/2025(INI)

Motion for a resolution
Paragraph 14
14. Invites the Commission to define clear benchmarks on an enabling civic spaceStresses the importance of a healthy civic space to counterbalance the erosion of the rule of law and foster a rule of law culture; invites the Commission to deepen the assessment of civic space in the forthcoming 2021 report; considers beneficial to explore the definition of clear benchmarks on an enabling civic space to further strengthen this area of analysis in the long run, including, among others, the enabling legal environment for the exercise of civic freedoms, the framework for civic organisations’ financial viability and sustainability, access to and participation in decision-making, the right to access to information, safe space, including as regards incidence and responses to verbal and physical attacks, smear campaigns and legal harassment including through Strategic Litigation Against Public Participation;
2021/04/26
Committee: LIBE
Amendment 191 #

2021/2025(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Recalls the importance of independent national human rights institutions and ombudsman bodies, in full compliance with the Paris Principles, as well as equality bodies, in preserving citizens’ rights and being able to defend the rule of law at national level; is deeply concerned by recent attempts in a Member State subject to Article 7(1) TEU to undermine the independence of the national Ombudsman from the executive;
2021/04/26
Committee: LIBE
Amendment 198 #

2021/2025(INI)

Motion for a resolution
Paragraph 15
15. Regrets that the non- implementation, which in itself constitutes a serious violation of the rule of law, by a Member State subject to Article 7 of the TEU of a CJEU ruling in relation to restrictions imposed on the financing of civil organisations by persons established outside that Member State, perpetuates the process of shrinking space for civil society in that Member State; notes with concern that an increasing number of Member States are adopting legislation that severely impinges on the freedom of association and expression for civil society organisations;
2021/04/26
Committee: LIBE
Amendment 201 #

2021/2025(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Regrets that the report fails to recognise in clear terms the democratic backsliding and the establishment of (semi-)autocratic regimes in some Member States, based on the gradual annihilation of all checks and balances;
2021/04/26
Committee: LIBE
Amendment 207 #

2021/2025(INI)

Motion for a resolution
Paragraph 17
17. EReiterates the intrinsic link that exists between the rule of law and fundamental rights and the need to increase awareness of the values enshrined in Article 2 TEU and the Charter; encourages the Commission to consider including within the scope of future reports the application of all rights guaranteed by the Charter of Fundamental Rights; stresses that any action taken by a Member State when acting within the scope of EU law must respect the rights and principles of the Charter of Fundamental Rights; insists therefore, on the link between upholding the rule of law and the right to an effective remedy before a tribunal, the right to a fair trial and the right to be advised, defended and represented, as well as the obligation to provide independent legal aid;
2021/04/26
Committee: LIBE
Amendment 210 #

2021/2025(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Strongly denounces that European and international legislation are not fully respected in some EU Member States, for example in the field of anti-discrimination or in the field of asylum, such as the non- implementation by a Member State subject to an Article 7 TEU of several CJEU and ECtHR rulings in relation to access to the asylum procedure, including the automatic and unlawful detention and the deprivation of food, thus violating the rights of migrants and asylum seekers to apply for international protection;
2021/04/26
Committee: LIBE
Amendment 212 #

2021/2025(INI)

Motion for a resolution
Paragraph 17 b (new)
17 b. Underlines with concern that people in vulnerable situations, including persons with disabilities, children, religious minorities, especially in times of rising anti-semitism and islamophobia in Europe, Roma and other persons belonging to ethnic minorities, migrants, refugees, LGBTI+ persons and elderly persons, as well as women continue not seeing their rights fully respected across the Union; emphasizes the obvious link between deteriorating rule of law standards and human rights and minority rights violations in those Member States;
2021/04/26
Committee: LIBE
Amendment 224 #

2021/2025(INI)

Motion for a resolution
Paragraph 19
19. Calls on the Member States to present annual reports on democracy, the rule of law and fundamental rights, equality and rights of persons belonging to minorities as part of the Union’s annual reporting mechanism;
2021/04/26
Committee: LIBE
Amendment 227 #

2021/2025(INI)

Motion for a resolution
Paragraph 20
20. Welcomes the Commission’s announcement of its strategy to strengthen the application of the Charter of Fundamental Rights; considers that focusing annually on a single pre-defined topic would not allow to highlight other serious violations of the Charter taking place on a given year; believes that such an annual review should provide input for a comprehensive monitoring mechanism and that its methodology, cycle and scope should therefore be aligned with the annual reports;
2021/04/26
Committee: LIBE
Amendment 236 #

2021/2025(INI)

Motion for a resolution
Paragraph 21
21. Calls on the Commission to strengthen the regular, inclusive and structured dialogue with governments and national parliaments, NGOs, national human rights institutions, Ombudsman and equality bodies, professional associations and other stakeholders; noteregrets that three Member States refused to make public their submissions for the 2020 report; calls for transparency in the process and for all submissions to be made public;
2021/04/26
Committee: LIBE
Amendment 244 #

2021/2025(INI)

Motion for a resolution
Paragraph 22
22. Stresses that civil society are key partners to identify rule of law violations and promote democracy and fundamental rights in countries where Union values have been eroded; considers that shadow reporting would bolster the efficiency and transparency of the processtimeframes for consultation for civil society are too short and should be more predictable; notes that organising consultations before the annual release of public statistics impoverishes contributions; calls on the Commission to allow multilingual submissions; suggests making the framework for stakeholders’ contributions less rigid;
2021/04/26
Committee: LIBE
Amendment 250 #

2021/2025(INI)

Motion for a resolution
Paragraph 23
23. Considers that cooperation in the annual monitoring cycle with the Council of Europe and its Parliamentary Assembly, including through a more structured partnership, is of particular relevance for advancing democracy, the rule of law and fundamental rights in the EU; recalls that accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms is a legal obligation provided for under Article 6(2) TEU; reiterates the need for a swift conclusion of the accession process in order to ensure a consistent framework for human rights protection throughout Europe and to further strengthen the protection of fundamental rights and freedoms within the Union;
2021/04/26
Committee: LIBE
Amendment 257 #

2021/2025(INI)

Motion for a resolution
Paragraph 24
24. Calls on the Commission and the Council to respond positively to Parliament’s call in its resolution of 7 October 2020 for an EU mechanism on democracy, the rule of law and fundamental rights; reiterates that such mechanism is necessary to reinforce the promotion and respect for Union values; recalls that this annual Cycle should be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States; recalls that findings of relevant international bodies, such as the ones under the auspices of the UN, OSCE and the Council of Europe, are of crucial importance for the assessment of the situation in Member States; believes that the European Union Fundamental Rights Information System EFRIS is a source of information in this regard;
2021/04/26
Committee: LIBE
Amendment 261 #

2021/2025(INI)

Motion for a resolution
Paragraph 24 b (new)
24 b. Recommends that the Commission aligns recommendations with potentially applicable tools to remedy the identified shortcomings; calls on the Commission to better follow-up on the implementation of the country-specific chapters by the Member States concerned by activating other rule of law tools to achieve results in case of non-implementation of the recommendations; underlines the importance of identifying clear positive and negative trends in each Members State and the need to give special attention to comparisons with the reports of the respective previous year;
2021/04/26
Committee: LIBE
Amendment 265 #

2021/2025(INI)

Motion for a resolution
Paragraph 24 c (new)
24 c. Calls on the Commission and the Council to enter without delay into negotiations with Parliament on an interinstitutional agreement in accordance with Article 295 TFEU in order to establish an objective and evidence-based monitoring mechanism enshrined in a legal act binding the three institutions to a transparent and regularised process, with clearly defined responsibilities, involving a panel of independent experts that shall advise the three institutions, in strong cooperation with the European Union Agency for Fundamental Rights, so that the protection and promotion of all Union values becomes a permanent and visible part of the Union agenda;
2021/04/26
Committee: LIBE
Amendment 271 #

2021/2025(INI)

Motion for a resolution
Paragraph 25
25. SReiterates that the DRF mechanism must complement and reinforce, and by no means substitute, the ongoing and future proceedings under Article 7 TEU; strongly regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes that the Council’s hesitance to apply Article 7 of the TEU effectively is enabling continued divergence from the values provided for in Article 2 of the TEU; urges the Council to proceed without delay to vote under Article 7(1) TEU; calls on the Council to ensure that hearings under Article 7(1) TEU start again as a matter of urgency and also address new developments; reiterates its recommendation to the Council to address concrete recommendations to the Member States in question, as enshrined in Article 7(1) TEU, as a follow-up to the hearings, and that it indicate deadlines for the implementation of those recommendations; calls for a reflection at the Conference on the Future of Europe on a revision of the Article 7 TEU procedure in order to realign the majority requirements of paragraphs 1 and 2 with a view to having super-majorities of four or five for both procedures;
2021/04/26
Committee: LIBE
Amendment 277 #

2021/2025(INI)

Motion for a resolution
Paragraph 26
26. Reiterates that the annual report should serve as a basis for deciding whether to activate the procedure provided for in Article 7 of the TEU, whether to activate the Rule of Law Framework or whether to launch infringement procedures, including expedited procedures, applications for interim measures before the Court of Justice and actions regarding non-implementation of CJEU judgments concerning the protection of Union values; considers that the Conference on the Future of Europe should further assert the precedence of the EU legal order; invites the Conference on the Future of Europe to consider strengthening the role of the Court of Justice of the European Union in protecting the Union’s founding values;
2021/04/26
Committee: LIBE
Amendment 285 #

2021/2025(INI)

Motion for a resolution
Paragraph 27
27. CStresses that the applicability, purpose and scope of the Rule of Law Conditionality Regulation is clearly defined in the legal text of the said Regulation; considers that the European Council conclusions on the Regulation on a general regime of conditionality contravene Article 17 and Article 15 TEU and Article 288 TFEU, and introduce unnecessary legal uncertainty considering some recent developments by Member States subject to Article 7 TEU; calls for action in this regard; recalls that said Regulation applies from 1 January 2021; calls for the Commission to use the findings of the annual report in its assessment that forms the basis of the mechanism to protect the budget against breaches of the principle of the rule of law, as well as in any other relevant assessment for the purposes of existing and future budgetary tools; reiterates its call on the Commission to dedicate a specific section of the annual report to an analysis of cases where breaches of the principles of the rule of law in a particular Member State could affect or seriously risk affecting the sound financial management of the Union budget in a sufficiently direct way; calls on the Commission to more vigorously apply the Common Provisions Regulation and the Financial Regulation to tackle discriminatory use of European funds, as it did when withholding funds for municipal or local governments proclaiming themselves to be ‘‘free from LGBTI ideology’’;
2021/04/26
Committee: LIBE
Amendment 289 #

2021/2025(INI)

Motion for a resolution
Paragraph 27 a (new)
27 a. Calls on the Commission to develop a culture of European values, including through strengthened efforts to promote European citizens’ education, which should include rule of law education;
2021/04/26
Committee: LIBE
Amendment 293 #

2021/2025(INI)

Motion for a resolution
Paragraph 27 b (new)
27 b. Calls on the Council and the Commission to provide adequate funding for European-wide, national, regional and local civil society organisations and independent journalism to foster grassroots support for democracy, the rule of law and fundamental rights in all Member States, in particular where violations and shortcomings have been identified; believes that adequate funding under the Citizens, Equality, Rights and Values programme is extremely important, including for strategic litigation;
2021/04/26
Committee: LIBE
Amendment 297 #

2021/2025(INI)

Motion for a resolution
Paragraph 28
28. Calls on the Commission to assess in successive reports how the issues identified in the areas analysed in previous reports have evolved, been solved, risk deteriorating or have further deteriorated, to identify trends and transversal issues and to put forward clear recommendations to remedy any risks or backsliding identified;
2021/04/26
Committee: LIBE
Amendment 306 #

2021/2025(INI)

Motion for a resolution
Paragraph 29
29. Calls on the Commission to make clear in its annual Rule of Law Reports that not all rule of law shortcomings and violations are of the same nature and/or intensity and that when the values listed in Article 2 of the TEU are violated gravely, permanently and systematically, Member States cease being democracies; and become authoritarian regimes; calls, therefore, on the Commission to assess countries under ongoing Article 7 TEU proceedings in-depth, in order to illustrate how the rule of law has been structurally undermined to facilitate the consolidation authoritarian-style governance structures;
2021/04/26
Committee: LIBE
Amendment 310 #

2021/2025(INI)

Motion for a resolution
Paragraph 29 a (new)
29 a. Underlines that this report should serve as a basis for the prioritisation of follow-up actions by the EU regarding those Member States where shortcoming or deficiencies are witnessed, firmly placing the contribution of the report within the overarching democracy, rule of law and fundamental rights mechanism;
2021/04/26
Committee: LIBE
Amendment 311 #

2021/2025(INI)

Motion for a resolution
Paragraph 29 b (new)
29 b. Commits to start working on the 2021 report as early as possible after its publication;
2021/04/26
Committee: LIBE
Amendment 11 #

2021/2023(INI)

Motion for a resolution
Recital B a (new)
B a. whereas, in October 2020, the UN High Commissioner for Human Rights, Michelle Bachelet, appealed to the Government of India to safeguard the rights of human rights defenders and NGOs, raising concerns over shrinking space for civil society organizations, detention of human rights defenders and charges against people that simply exercised their rights to freedom of expression and peaceful assembly, as well as over the use of laws to stifle dissent, such as Foreign Contribution Regulation Act (FCRA) and the Unlawful Activities Prevention Act;
2021/03/22
Committee: AFET
Amendment 18 #

2021/2023(INI)

Motion for a resolution
Recital B b (new)
B b. whereas restrictions on communications and clampdowns on civil society activists in Indian-administered Kashmir remain of serious concern, while despite recent restoration of 4G access for mobile phones, the communications blockade has seriously hampered civic participation, livelihoods, educations and access to health-care and medical information as reported during the 46th session of the UN Human Rights Council on 26 February2021;
2021/03/22
Committee: AFET
Amendment 26 #

2021/2023(INI)

Motion for a resolution
Recital B c (new)
B c. whereas various UN experts have called on India to release students, protest leaders and human rights defenders detained for protesting against changes to Indian laws and policies and raised concerns over use of terrorism charges to silence human rights defenders;
2021/03/22
Committee: AFET
Amendment 30 #

2021/2023(INI)

Motion for a resolution
Recital B d (new)
B d. whereas Amnesty International was compelled to close its offices in India after its bank accounts were frozen over alleged violation of the Foreign Contribution Regulation Act (FCRA) while the three UN special rapporteurs have called for amending the law in line with India’s rights and obligations under international law;
2021/03/22
Committee: AFET
Amendment 187 #

2021/2023(INI)

Motion for a resolution
Paragraph 1 – point t
t) address the human rights situation and challenges faced by civil society in particular concerns raised by the UN High Commissioner for Human Rights and the UN Special Rapporteurs, in its dialogue with the Indian authorities, including at summit level; encourage India, as the world’s largest democracy, to demonstrate its commitment to respecting and protecting fundamental freedoms, including the freedom of expression, peaceful assembly and association, to end attacks against - and to release arbitrarily detained - human rights defenders, students and journalists, including in the Indian- administered part of Kashmir, to repeal laws that may be used to silence dissent, and to ensure accountability for human rights violations;
2021/03/22
Committee: AFET
Amendment 193 #

2021/2023(INI)

Motion for a resolution
Paragraph 1 – point t a (new)
t a) to put pressure on the Indian government to: - repeal or amend laws used to silence dissent and restrict the ability of civil society organisations to function effectively, including the Foreign Contribution Regulation Act, the counterterrorism law, the Unlawful Activities Prevention Act, and the sedition and criminal defamation laws and allow civil society organisations and human rights defenders to work freely without fear of reprisals, to unfreeze the accounts of Amnesty International India and to cease all harassment of its staff; - Implement police reform as recommended by the Supreme Court of India, including the establishment of a complaint mechanism to address police abuse, strictly enforcing existing laws and guidelines on arrest and detention; - Ratify and ensure thorough implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Convention for the Protection of All Persons from Enforced Disappearance; - Take immediate steps to eliminate abuses against Dalits, tribal groups, religious minorities, and other marginalized communities, providing concrete plans to implement laws and government policies to secure their protection, and ensuring development programs reach target groups; - Suspend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, revising the draft bill on data protection to ensure it is line with international standards on safeguarding the right to privacy of users and other human rights, and is accompanied by surveillance reform; - End the use of blanket internet shutdowns and enhancing transparency on the way shutdown orders are issued and extended; - Reinstate the death penalty moratorium with a view to permanent abolition of capital punishment; - Institute an effective monitoring mechanism that oversees the implementation of laws dealing with sexual violence against women and children, including failures in police accountability; - Ratify and implement the ILO Convention on Violence and Harassment,2019, No. 190, taking steps toward effective prevention measures, including special attention to sectors with heightened risk of violence and harassment, such as domestic work;
2021/03/22
Committee: AFET
Amendment 206 #

2021/2023(INI)

Motion for a resolution
Paragraph 1 – point u a (new)
u a) to urge India to develop a National Action Plan on business and human rights in order to fully implement the UN Guiding Principles on Business and Human Rights, recalling the responsibilities for all companies to respect human rights in their value chains, and to encourage India to participate actively for a UN binding treaty for corporate responsibility on human rights;
2021/03/22
Committee: AFET
Amendment 38 #

2021/0297(COD)

Proposal for a regulation
Recital 16
(16) The Commission and where appropriate the European External Action Service should monitor the status of ratification of the international conventions on human and labour rights, environmental protection and good governance and their effective implementation, by examining the relevant information, in particular where available the conclusions and recommendations of the relevant monitoring bodies established under those conventions. Every threewo years, the Commission should present to the European Parliament and the Council a report on the status of ratification of the respective conventions, the compliance of the beneficiary countries with any reporting obligations under those conventions, and the status of the implementation of the conventions in practice.
2021/12/15
Committee: AFET
Amendment 47 #

2021/0297(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
(11 a) "human rights due diligence obligations" refers to the responsibility of business enterprises to respect human rights and to protect against human rights abuse by business as set in the UN Guiding Principles on Business and Human Rights (UNGPs) in 2011. The responsibility of business enterprises to respect human rights refers to internationally recognized human rights – understood, at a minimum, as those expressed in the International Bill of Human Rights and the principles concerning fundamental rights set out in the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work
2021/12/15
Committee: AFET
Amendment 67 #

2021/0297(COD)

Proposal for a regulation
Article 9 – paragraph 1 a (new)
The plan of action referred to in paragraph 1 point d) shall: (a) contain a schedule for the implementation of Article 12 (the ‘tariff suspension schedule’), based on benchmarks against which the progress in the implementation of the relevant conventions is assessed; (b) be jointly agreed with the Commission for a period of two years; (c) serve as a basis for the report referred to in Article 14; (d) be publicy available.
2021/12/15
Committee: AFET
Amendment 73 #

2021/0297(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. The Common Customs Tariff ad valorem duties on all products listed in Annex III and Annex VII, which originate in a GSP+ beneficiary country, shall be suspended according to the tariff suspension schedule referred to in Article 9(2).
2021/12/15
Committee: AFET
Amendment 83 #

2021/0297(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. By 1 January 2027, and every threewo years thereafter, the Commission shall present to the European Parliament and to the Council a report on the status of ratification of the relevant conventions, the compliance of the GSP+ beneficiary countries with any reporting obligations under those conventions and the status of the effective implementation thereof.
2021/12/15
Committee: AFET
Amendment 93 #

2021/0297(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. WAt the request of the European Parliament or where, either on the basis of the conclusions of the report referred to in Article 14 or on the basis of the evidence available, including evidence submitted through a complaint, the Commission has a reasonable doubt that a particular GSP+ beneficiary country does not respect its binding undertakings as referred to in Article 9, points (d), (e) and (f), or has formulated a reservation which is prohibited by any of the relevant conventions or which is incompatible with the object and purpose of that convention as established in Article 9, point (c), it shall, in accordance with the advisory procedure referred to in Article 39(2), adopt an implementing act to initiate the procedure for the temporary withdrawal of the tariff preferences provided under the special incentive arrangement for sustainable development and good governance. The Commission shall inform the European Parliament and the Council thereof.
2021/12/15
Committee: AFET
Amendment 109 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 1 – introductory part
1. 1. The preferential arrangements referred to in Article 1(2) may be withdrawn temporarily, fully or partially, in respect of all or of certain products, or of economic sectors, originating in a beneficiary country, for any of the following reasons:
2021/12/15
Committee: AFET
Amendment 111 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point a a (new)
(a a) the beneficiary country fails to show effective implementation of the plan of action ;
2021/12/15
Committee: AFET
Amendment 112 #

2021/0297(COD)

Proposal for a regulation
Recital 5
(5) The general objectives of the GSP are to support eradication of poverty in all its forms, in line with Agenda 2030 and Sustainable Development Goal 17.12 and to promote the sustainable development agenda, while averting harm to EU industry’s interests. The 2018 GSP Mid- term Evaluation and the 2021 supporting Study for the Impact Assessment underpinning this Regulation concluded that the GSP framework under Regulation (EU) No 978/2012 has delivered on these main objectives, which were at the core of the 2012 overhaul of Council Regulation (EC) No 732/200815 , although noting a limited impact on sustainable development and environmental protection, together with a lack of progress on democracy and human rights. _________________ 15 Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences from 1 January 2009 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007 (OJ L 211, 6.8.2008, p. 1).
2022/02/07
Committee: INTA
Amendment 113 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point b b (new)
(b b) when the Commission decides to withdraw a preferential arrangement to a beneficiary country in a particular economic sector, in application of article 19 (a and b) the commission may publish a list of companies, EU importers and local suppliers, that may still benefit from preferences. This list should be established based on the evidences provided by companies that they fully implemented their human rights due diligence obligations and that they have a supply chain free from human rights violations. The companies should agree on having the evidences and informations published for public scrutiny and civil society consultation.
2021/12/15
Committee: AFET
Amendment 121 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 3
3. WAt the request of the European Parliament or where the Commission, acting upon a complaint or on its own initiative, considers that there armay be sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) on the basis of the reasons referred to in paragraph 1 of this Article it shall adopt an implementing act to initiate the procedure for temporary withdrawal in accordance with the advisory procedure referred to in Article 39(2). The Commission shall inform the European Parliament and the Council of the adoption of that implementing act.
2021/12/15
Committee: AFET
Amendment 129 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 10
10. Where the Commission considers that the findings justify temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II, in order to temporarily withdraw the tariff preferences provided under the preferential arrangements referred to in Article 1(2). In adopting the delegated act the Commission may, where appropriate, consider the socio-economic effect of the temporary withdrawal of tariff preferences in the beneficiary country.
2021/12/15
Committee: AFET
Amendment 134 #

2021/0297(COD)

Proposal for a regulation
Article 40 – paragraph 1
By 1 January 2027 and every threewo years thereafter, the Commission shall submit to the European Parliament and to the Council a report on the effects of the scheme covering the most recent three- wo-year period and all of the preferential arrangements referred to in Article 1(2).
2021/12/15
Committee: AFET
Amendment 136 #

2021/0297(COD)

Proposal for a regulation
Annex VI – paragraph 1 – point a (new)
(a) First Optional Protocol to the International Covenant on Civil and Political Rights (1966)
2021/12/15
Committee: AFET
Amendment 142 #

2021/0297(COD)

Proposal for a regulation
Recital 8
(8) The scheme should consist of a basic arrangement (‘standard GSP arrangement’), and two special arrangements, namely the ‘special incentive arrangement for sustainable development and good governance – GSP+’ and the ‘special arrangement for the least-developed countries - EBA’. It, therefore, continues the structure of the previous ten years, which is considered a success, as it focuses on the countries most in need and addresses the varying developmental needs of beneficiaries.
2022/02/07
Committee: INTA
Amendment 147 #

2021/0297(COD)

Proposal for a regulation
Recital 11
(11) The special incentive arrangement for sustainable development and good governance (GSP+) is based on the integral concept of sustainable development, as recognised by international conventions and instruments such as the 1986 UN Declaration on the Right to Development, the 1992 Rio Declaration on Environment and Development, the 1998 International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, the 2000 UN Millennium Declaration, the 2002 Johannesburg Declaration on Sustainable Development, the ILO Centenary Declaration for the Future of Work of 2019, the Outcome Document of the UN Summit on Sustainable Development of 2015 "Transforming Our World: the 2030 Agenda for Sustainable Development", the UN Guiding Principles on Business and Human Rights, and the Paris Agreement on Climate Change under the UN Framework Convention on Climate Change. Consequently, the additional tariff preferences provided for under the special incentive arrangement for sustainable development and good governance should be granted to those developing countries which, due to a lack of diversification, are economically vulnerable, have ratified core international conventions on human and labour rights, climate and environmental protection and good governance, and commit to ensuring the effective implementation thereof. The special incentive arrangement for sustainable development and good governance should help those countries to assume the additional responsibilities resulting from the ratification and effective implementation of these conventions. The list of conventions relevant for GSP should be updated to better reflect the evolution of core international instruments and standards and take a proactive approach to sustainable development in keeping with the Sustainable Development Goals and Agenda 203018 . In this regard, the following conventions are added: the Paris Agreement on Climate Change (2015) – replacing the Kyoto Protocol; the Convention on the Rights of Persons with Disabilities (CRPD); the First Optional Protocol to the International Covenant on Civil and Political Rights; the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (OP-CRC-AC); ILO Convention No 81 on Labour Inspection; ILO Convention No 144 on Tripartite Consultation; and the UN Convention against Transnational Organized Crime. _________________ 18 United Nations (2015). Resolution adopted by the General Assembly on 25 September 2015, Transforming our World: the Agenda 2030 for Sustainable Development (A/RES/70/1), available at: https://sustainabledevelopment.un.org/post 2015/transformingourworld
2022/02/07
Committee: INTA
Amendment 152 #

2021/0297(COD)

Proposal for a regulation
Recital 13
(13) Preferences should be designed to promote further economic growth and, thereby, to respond positively to the need for sustainable economic development. Under the special incentive arrangement for sustainable development and good governance, the ad valorem tariffs should, therefore, be suspended for the beneficiary countries concerned. The specific duties should also be suspended, unless combined with an ad valorem duty.
2022/02/07
Committee: INTA
Amendment 153 #

2021/0297(COD)

Proposal for a regulation
Recital 15 a (new)
(15 a) The application for the special incentive arrangement for sustainable development should comprise, among others, a public plan of action detailing a priority-oriented list of measures to be taken which are considered necessary to effectively implement the relevant international conventions. This plan of action, on which the beneficiary country should have reached a common understanding with the Commission and where appropriate the European External Action Service, should also include deadlines and identify the relevant bodies of the beneficiary country responsible for its implementation.
2022/02/07
Committee: INTA
Amendment 154 #

2021/0297(COD)

Proposal for a regulation
Recital 15 b (new)
(15 b) The special incentive arrangement for sustainable development and good governance should help those countries to assume the additional responsibilities resulting from the ratification and effective implementation of the international conventions on human and labour rights, environmental protection and good governance. The suspension of tariffs should therefore follow their effective implementation. Consequently, the plan of action should comprise a schedule for the suspension of tariffs (the “tariffs suspension schedule”), based on benchmarks against which the progress in the implementation of the relevant conventions is assessed.
2022/02/07
Committee: INTA
Amendment 155 #

2021/0297(COD)

Proposal for a regulation
Recital 16
(16) The Commission and where appropriate the European External Action Service should monitor the status of ratification of the international conventions on human and labour rights, environmental protection and good governance and their effective implementation, by examining the relevant information, in particular where available the conclusions and recommendations of the relevant monitoring bodies established under those conventions. Every threewo years, the Commission should present to the European Parliament and the Council a report on the status of ratification of the respective conventions, the compliance of the beneficiary countries with any reporting obligations under those conventions, and the status of the implementation of the conventions in practice.
2022/02/07
Committee: INTA
Amendment 159 #

2021/0297(COD)

Proposal for a regulation
Recital 17
(17) For the purposes of monitoring of implementation and, where applicable, subsequent granting or withdrawal of tariff preferences, reports from relevant monitoring bodies are essential. However, such reports may be supplemented by other information available to the Commission, including information obtained under bilateral or multilateral technical assistance programmes, and through other sources of information, provided they are accurate and reliable. This could include information from the European Parliament and the Council, governments, international organisations, civil society, social partners, or complaints received through the SEP provided they satisfy the relevant requirements. Shortcomings identified during the monitoring process may inform the Commission’s future programming of development assistance in a more targeted manner.
2022/02/07
Committee: INTA
Amendment 160 #

2021/0297(COD)

Proposal for a regulation
Recital 18
(18) In July 2020, the Commission appointed the Chief Trade Enforcement Officer with the role of enforcing trade rules. In this connection, in November 2020, the Commission launched a new complaints mechanism, the Single Entry Point (‘SEP’), as part of its increased efforts to strengthen the enforcement and implementation of trade commitments. Through the SEP, the Commission receives complaints on various matters related to trade policy, including breaches of the GSP commitments. The SEP is accessible to citizens, entities, trade unions, stakeholders or civil society established in the Union or in the beneficiary countries and complaints may be submitted anonymously. Such new system of complaints should be integrated and formalised within the framework of this Regulation.
2022/02/07
Committee: INTA
Amendment 186 #

2021/0297(COD)

Proposal for a regulation
Recital 25 a (new)
(25 a) The Commission should initiate the procedure for temporary withdrawal when it considers that there are sufficient reasons to believe that a beneficiary country is in breach of its obligations under the current regulation. In determining whether such reasons exist, it should take into consideration all relevant and credible information emanating from, inter alia, the relevant monitoring bodies, civil society organisations, stakeholders and Union institutions. The Commission should initiate the procedure for temporary withdrawal when it is requested to do so by the European Parliament in its annual report on the implementation of the generalised scheme of tariff preferences.
2022/02/07
Committee: INTA
Amendment 187 #

2021/0297(COD)

Proposal for a regulation
Recital 26
(26) Orderly international migration can bring important benefits to the countries of origin and destination of migrants and contribute to their sustainable development needs. Increasing coherence between trade, development and migration policies is key to ensure that the benefits of migration accrue mutually to both the origin and destination countries. In this respect, it is essential for both origin and destination countries to address common challenges, such as, stepping up cooperation on readmission of own nationals and their sustainable reintegration in the country of origin, in particular in order to avoid a constant drain in active population in the countries of origin, with the ensuing long- term consequences on development, and to ensure that migrants are treated with dignity.deleted
2022/02/07
Committee: INTA
Amendment 193 #

2021/0297(COD)

Proposal for a regulation
Recital 27
(27) Return, readmission and reintegration are a common challenge for the Union and its partners. In particular, every State has the obligation to readmit its own nationals under international customary law, and multilateral international conventions such as the Convention on International Civil Aviation signed in Chicago on 7 December 1944. Improving sustainable reintegration and capacity building would significantly strengthen the local development in the partner countries.deleted
2022/02/07
Committee: INTA
Amendment 197 #

2021/0297(COD)

Proposal for a regulation
Recital 36
(36) The Commission should report regularly to the European Parliament and to the Council on the effects of the scheme under this Regulation through the relevant institutional committees. By 1 January 203029, the Commission should report to the European Parliament and to the Council on the mid-term application of this Regulation and assess the need to review the scheme. The report is necessary to analyse the impact of the scheme on the development, trade and financial needs of beneficiaries as well as on bilateral trade and on the Union's tariff income, with particular attention to the sustainable development goals.
2022/02/07
Committee: INTA
Amendment 203 #

2021/0297(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
(10 a) ‘plan of action’ means a forward looking and priority-oriented list of measures, including legislative ones, to be adopted and actions to be taken by a beneficiary country which are considered necessary to effectively implement the core international conventions referred to in Annex VI, including a timeframe for each listed measure and action and identifying as precisely as possible the relevant institution or structure responsible for its implementation and oversight;
2022/02/07
Committee: INTA
Amendment 206 #

2021/0297(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10 b (new)
(10 b) ‘tariff suspension schedule’ means the schedule included in the plan of action and according to which the tariff preferences are granted, following the benchmarks and timeframe agreed in the plan of action;
2022/02/07
Committee: INTA
Amendment 207 #

2021/0297(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10 c (new)
(10 c) ‘list of issues’ means a list of the salient issues in relation to attaining effective implementation of the international conventions relevant to the GSP+ arrangement, as identified by the monitoring bodies or based on any accurate and reliable sources of information, including as provided by relevant stakeholders and civil society organisations, and based on the conclusions outlined in the report referred to in Article 14 and relative to the preceding monitoring cycle;
2022/02/07
Committee: INTA
Amendment 209 #

2021/0297(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
(11 a) ‘serious and systematic violation’ means widespread and systematic violations or abuses, including but not limited to the following: i. genocide; ii. crimes against humanity; iii. torture and other cruel, inhuman or degrading treatment or punishment; iv. slavery or forced labour; v. extrajudicial, summary or arbitrary executions and killings; vi. enforced disappearance of persons; vii. arbitrary arrests or detentions; viii. trafficking in human beings, including people-smuggling; ix. sexual and gender-based violence; x. other violations of the laws and customs of war; xi. violations or abuses of freedom of peaceful assembly and of association; xii. violations or abuses of freedom of opinion and expression; xiii. violations or abuses of freedom of religion or belief; xiv. failure to communicate nationally determined contributions in the framework of the Paris Agreement on Climate Change, with the information necessary for clarity, transparency and understanding;
2022/02/07
Committee: INTA
Amendment 211 #

2021/0297(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 12
(12) ‘complaint’ means a complaint submitted, also anonymously, to the Commission through the Single Entry Point. by citizens, entities, trade unions, stakeholders or civil society from the Union or the beneficiary countries covered by the schemes referred to in Article 1 paragraph 2 and relating to conditions and reasons referred to in Articles 9 and 19;
2022/02/07
Committee: INTA
Amendment 216 #

2021/0297(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
(b a) there is sufficient ground to consider that serious and systematic infringement and violations of the conditions set out in Article 19.1 points (a), (b), (c), (d) and (e) exist.
2022/02/07
Committee: INTA
Amendment 220 #

2021/0297(COD)

Proposal for a regulation
Article 4 – paragraph 1 a (new)
1 a. Countries that benefit from the standard arrangement referred to in paragraph 1 shall ratify the conventions listed in Annex VI, and adopt a National Action Plan for the implementation of the UN Guiding Principles on Business and Human Rights, in conformity with the Guidance on National Action Plans of the UN Working Group on Business and Human Rights, within five years upon the application of the preferences.
2022/02/07
Committee: INTA
Amendment 222 #

2021/0297(COD)

Proposal for a regulation
Article 4 – paragraph 1 b (new)
1 b. Union development finance programming under the Neighbourhood, Development and International Cooperation Instrument - Global Europe established by Regulation (EU) 2021/947 of the European Parliament and of the Council in support of countries benefitting from the special arrangement referred to in paragraph 1 shall prioritise ratification of the conventions listed in Annex VI and the adoption of a National Action Plan as referred to in paragraph 1a.
2022/02/07
Committee: INTA
Amendment 224 #

2021/0297(COD)

Proposal for a regulation
Article 5 – paragraph 2 – introductory part
2. BWith regard to the economic criteria referred to in Article 4 paragraph 1 (a) and (b), by 1 January of each year following the entry into force of this Regulation the Commission shall review Annex I. To provide a standard GSP beneficiary country and economic operators with time for orderly adaptation to the change of the country's status under the scheme:
2022/02/07
Committee: INTA
Amendment 245 #

2021/0297(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
(b a) it has adopted a National Action Plan for the implementation of the UN Guiding Principles on Business and Human Rights, in conformity with the Guidance on National Action Plans of the UN Working Group on Business and Human Rights;
2022/02/07
Committee: INTA
Amendment 250 #

2021/0297(COD)

Proposal for a regulation
Article 9 – paragraph 1 a (new)
1 a The plan of action referred to in paragraph 1 point d) shall: (a) include a timetable of measures that are necessary to effectively implement the relevant conventions; (b) include a tariff suspension schedule, based on the benchmarks against which the progress in the implementation of the relevant conventions is assessed; (c) be jointly agreed between the Commission and the applicant country for a period of two years; (d) serve as a basis for the report referred to in Article 14; (e) be made publicly available.
2022/02/07
Committee: INTA
Amendment 252 #

2021/0297(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. The Common Customs Tariff ad valorem duties on all products listed in Annex III and Annex VII, which originate in a GSP+ beneficiary country, shall be suspended according to the tariff suspension schedule referred to in Article 9(1a) point b).
2022/02/07
Committee: INTA
Amendment 253 #

2021/0297(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Common Customs Tariff specific duties on products referred to in paragraph 1 shall be suspended entirelyaccording to the tariff suspension schedule referred to in Article 9(1a) point b), except for products for which the Common Customs Tariff duties include ad valorem duties. For products with Combined Nomenclature code 1704 10 90, the specific duty shall be limited to 16 % of the customs value.
2022/02/07
Committee: INTA
Amendment 255 #

2021/0297(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. As of the date of the granting of the tariff preferences provided under the special incentive arrangement for sustainable development and good governance, the Commission shall, with regard to each of the GSP+ beneficiary countries, keep under review and monitor the status of ratification of the relevant conventions and their effective implementation, as well as the cooperation of the GSP+ beneficiary country with the relevant monitoring bodies. In doing so, the Commission shall examine all relevant information, in particular the conclusions and recommendations of the relevant monitoring bodiesassess in a transparent manner and based on objective criteria the progress made by the GSP+ beneficiary countries in implementing their plans of action, and examine all relevant information, in particular the conclusions and recommendations of the relevant monitoring bodies, as well as duly substantiated information submitted by individual citizens, private sector actors, civil society organisations, representatives of trade unions, other relevant stakeholders and any complaints received. A cycle of two years for the review, monitoring and assessment (hereinafter monitoring cycle) is hereby established.
2022/02/07
Committee: INTA
Amendment 262 #

2021/0297(COD)

Proposal for a regulation
Article 13 – paragraph 2 a (new)
2 a. At the beginning of each monitoring cycle, the Commission shall send a list of issues to all GSP+ beneficiary countries outlining implementation issues that need to be addressed during the cycle. The lists of issues shall be made publicly available.
2022/02/07
Committee: INTA
Amendment 265 #

2021/0297(COD)

Proposal for a regulation
Article 13 – paragraph 2 b (new)
2 b. At the end of each monitoring cycle, the Commission shall assess which benchmarks have been met by the GSP+ beneficiary country with regard to the implementation of the relevant conventions. Where relevant and based on the tariff suspension schedule, it shall adopt an implementing act establishing, in accordance with the advisory procedure referred to in Article 39(2), on which products tariff duties shall be suspended.
2022/02/07
Committee: INTA
Amendment 269 #

2021/0297(COD)

Proposal for a regulation
Article 13 a (new)
Article 13 a The Commission shall be assisted in reviewing, monitoring and assessing the binding undertakings referred to in Article 9, points (d), (e) and (f) by an advisory body composed of representatives of the Union’s stakeholders. The Commission shall consult the advisory body with regard to the plans of action submitted by the GSP beneficiary countries in view of their application to the GSP+ scheme; for that purpose, the participation to the advisory body shall be extended to stakeholders in the beneficiary countries. The Commission shall also consult with and report to the advisory body when assessing the implementation of the plans of action during each monitoring cycle and more generally throughout the cycle as regularly as necessary, including ahead of and after monitoring missions.
2022/02/07
Committee: INTA
Amendment 270 #

2021/0297(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. By 1 January 20276, and every threewo years thereafter, the Commission shall present to the European Parliament and to the Council a report on the status of ratification of the relevant conventions, the compliance of the GSP+ beneficiary countries with any reporting obligations under those conventions and, the status of the effective implementation thereof, and a list of products on which tariffs are suspended.
2022/02/07
Committee: INTA
Amendment 276 #

2021/0297(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. In drawing their conclusions concerning effective implementation of the relevant conventions, the Commission and where appropriate the European External Action Service shall assess the implementation of the plans of action, also based on the conclusions and recommendations of the relevant monitoring bodies, as well as, without prejudice to other sources, information submitted by the European Parliament or the Council as well as third parties, including governments and international organisations, civil society, and social partners. The Commission and, where applicable, the European External Action Service shall provide recommendations on issues and actions to be prioritised in the following monitoring cycle, including on the provision of technical assistance and development support, as appropriate. In case of major shortcomings in implementing the plans of action, the report shall indicate which measures the country shall undertake in order to comply with the obligations under Article 9(d).
2022/02/07
Committee: INTA
Amendment 281 #

2021/0297(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. The special incentive arrangement for sustainable development and good governance shall be withdrawn temporarily, in respect of all or of certain products, including certain sectors or economic operators, originating in a GSP+ beneficiary country, where that country does not respect its binding undertakings as referred to in Article 9, points (d), (e) and (f), or the GSP+ beneficiary country has formulated a reservation which is prohibited by any of the relevant conventions or which is incompatible with the object and purpose of that convention as established in Article 9, point (c).
2022/02/07
Committee: INTA
Amendment 283 #

2021/0297(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. When requested by the European Parliament or, on its own initiative, where, either on the basis of the conclusions and of the GSP+ beneficiary country’s follow up to recommendations and priority actions as provided by the report referred to in Article 14 or on the basis of the evidence available, including evidence submitted through a complaint, the Commission has a reasonable doubt that a particular GSP+ beneficiary country does not respect its binding undertakings as referred to in Article 9, points (d), (e) and (f), including with regard to the implementation of its plan of action, or has formulated a reservation which is prohibited by any of the relevant conventions or which is incompatible with the object and purpose of that convention as established in Article 9, point (c), it shall, in accordance with the advisory procedure referred to in Article 39(2), adopt an implementing act to initiate the procedure for the temporary withdrawal of the tariff preferences provided under the special incentive arrangement for sustainable development and good governance. The Commission shall inform the European Parliament and the Council thereof. In its assessment of whether the GSP+ beneficiary country does not respect its binding undertakings referred to in Article 9 point (d), the Commission will in particular take into account whether the relevant monitoring bodies, treaty and supervisory mechanisms have signalled a potentially serious failure to effectively implement the relevant conventions, based on indicators such as: - the establishment of commissions of inquiry, fact-finding missions, country special rapporteurs, or other monitoring mechanisms by the UN Human Rights Council or General Assembly; - findings by the UN High Commissioner for Human Rights, UN Special Procedures or other UN independent human rights experts; - relevant procedures in the framework of the ILO Committee of Application of Standards, such as the introduction of a special paragraph; - rulings and opinions by international human rights courts; - reports by prominent local and international human rights groups; - relevant indicators for the effective implementation of Multilateral Environmental and good governance Conventions.
2022/02/07
Committee: INTA
Amendment 287 #

2021/0297(COD)

Proposal for a regulation
Article 15 – paragraph 4 – point a
(a) where relevant, state the grounds for the reasonable doubt referred to in paragraph 3 which may call into question the right of the GSP+ beneficiary country to continue to enjoy the tariff preferences provided under the special incentive arrangement for sustainable development and good governance;
2022/02/07
Committee: INTA
Amendment 300 #

2021/0297(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. An eligible country shall benefit from the tariff preferences provided under the special arrangement for the least- developed countries referred to in Article 1(2), point (c), if that country is identified by the United Nations as a least-developed country and if the country is compliant with the conditions referred to in Article 19 paragraph 1.
2022/02/07
Committee: INTA
Amendment 302 #

2021/0297(COD)

Proposal for a regulation
Article 17 – paragraph 1 a (new)
1 a. The Commission and, where applicable the EEAS, shall make sure that countries that benefit from the special arrangement referred to in paragraph 1 make continued and sustained progress towards ratifying the conventions listed in Annex VI and towards the adoption of National Action Plans for the implementation of the UN Guiding Principles on Business and Human Rights, in conformity with the Guidance on National Action Plans of the UN Working Group on Business and Human Rights; EU development finance programming under the Neighbourhood, Development and International Cooperation Instrument - Global Europe established by Regulation (EU) 2021/947 shall prioritise support to countries benefitting from the special arrangement referred to in paragraph 1 aiming to make progress towards the ratification of the conventions listed in Annex VI and the adoption of the National Action Plans.
2022/02/07
Committee: INTA
Amendment 307 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 1 – introductory part
1. The preferential arrangements referred to in Article 1(2) may be withdrawn temporarily, in respect of all or of certain products, including certain sectors or economic operators, originating in a beneficiary country, for any of the following reasons:
2022/02/07
Committee: INTA
Amendment 311 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point a
(a) serious and systematic violation of principles laid down in the conventions listed in Annex VI, or failure to abide by the obligation to ratify these conventions, as referred to in Article 4(1a);
2022/02/07
Committee: INTA
Amendment 317 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point c
(c) serious shortcomings in customs controls on the export or transit of drugs (illicit substances or precursors), or related to the obligation to readmit the beneficiary country’s own nationals or serious failure to comply with international conventions on antiterrorism or anti-money laundering;
2022/02/07
Committee: INTA
Amendment 323 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1 (new)
For the purpose of applying point (a), the Commission will in particular take into account whether the relevant monitoring bodies, treaty and supervisory mechanisms have signalled potentially serious and systematic violations of the principles of the relevant conventions, based on such indicators as: - the establishment of commissions of inquiry, fact-finding missions, country special rapporteurs, or other monitoring mechanisms by the UN Human Rights Council or General Assembly; - findings by the UN High Commissioner for Human Rights, UN Special Procedures or other UN independent human rights experts; - relevant procedures in the framework of the ILO Committee of Application of Standards, such as the introduction of a special paragraph; - rulings and opinions by international human rights courts; - reports by prominent local and international human rights groups; - relevant indicators for the effective implementation of Multilateral Environmental and good governance Conventions.
2022/02/07
Committee: INTA
Amendment 330 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 2 a (new)
2 a. The Commission may notify the beneficiary country when in particular the seriousness of the violations of principles of the international conventions listed in Annex VI so requires, based on available assessments, comments, decisions, recommendations and the conclusions of the relevant monitoring bodies, or based on substantiated concerns expressed by the Council, international organisations, and civil society including trade unions, or acting upon a complaint. It shall do so when requested by the European Parliament. Starting from the date of the notification and for the duration of one year, the beneficiary country and the Commission shall enter into an enhanced engagement, whereby the beneficiary country commits to adopt time-bound roadmaps providing for concrete actions and sustainable solutions to the serious violations identified. EU development finance programming under the Neighbourhood, Development and International Cooperation Instrument - Global Europe established by Regulation (EU) 2021/947 of the European Parliament and of the Council may support beneficiary countries in implementing the roadmaps. The Commission shall regularly consult with the European Parliament and the Council during the enhanced engagement process. The Commission shall also consult with the advisory body referred to in Article 13a.
2022/02/07
Committee: INTA
Amendment 332 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 3
3. Where the Commissionn requested by the European Parliament or where, acting upon a complaint or on its own initiative, the Commission considers that there armay be sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) because the beneficiary country has failed to deliver on its roadmap referred to Article 19(2a), or more generally on the enhanced engagement, or on the basis of the reasons referred to in paragraph 1 of this Article it shall adopt an implementing act to initiate the procedure for temporary withdrawal in accordance with the advisory procedure referred to in Article 39(2). The Commission shall inform the European Parliament and the Council of the adoption of that implementing act.
2022/02/07
Committee: INTA
Amendment 339 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 3 a (new)
3 a. The Commission shall inform the European Parliament, the Council and the advisory body referred to in Article 13a about the complaints received. The Commission shall inform the complainant, the European Parliament, the Council and the advisory body referred to in Article 13a where it considers that the complaint does not provide sufficient evidence in relation to the indicators referred to in this article.
2022/02/07
Committee: INTA
Amendment 414 #

2021/0297(COD)

Proposal for a regulation
Article 40 – paragraph 1
By 1 January 20276 and every threewo years thereafter, the Commission shall submit to the European Parliament and to the Council a report on the effects of the scheme covering the most recent three-year period and all of the preferential arrangements referred to in Article 1(2).
2022/02/04
Committee: INTA
Amendment 417 #

2021/0297(COD)

Proposal for a regulation
Article 40 – paragraph 2
By 1 January 203029, the Commission shall submit, to the European Parliament and to the Council, a report on the application of this Regulation. Such a report may, where appropriate, be accompanied by a legislative proposal.
2022/02/04
Committee: INTA
Amendment 440 #

2021/0297(COD)

3a. First Optional Protocol to the International Covenant on Civil and Political Rights (1966)
2022/02/04
Committee: INTA
Amendment 74 #

2021/0214(COD)

Proposal for a regulation
Recital 6 a (new)
(6 a) Global warming already reached 1.18°C in December 2020, leading to world wide draughts, floods, storms and heatwaves. If we continue at the current trend, global warming will reach 1.5°C in 2034. The outcome of the COP 26 in Glasgow, lacks the needed ambition and stronger commitments to turn the tide. The new announcements and updates of the NDCs after Glasgow will reduce temperature rises only by 0.1%, still leading to a disastrous estimated temperature rise between 1.8°C and 2.9°C by 2100;
2021/12/16
Committee: INTA
Amendment 80 #

2021/0214(COD)

Proposal for a regulation
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks of carbon leakage resulting from the increased Union climate ambition. The CBAM should serve as one element in the EU’s comprehensive strategy towards global sustainable trade and the ambition to reduce global carbon emissions;
2021/12/16
Committee: INTA
Amendment 84 #

2021/0214(COD)

Proposal for a regulation
Recital 9 a (new)
(9 a) It is necessary to come forward with a holistic and comprehensive impact assessment of the entire fit for 55 package. Stakeholders, both within and outside of the EU borders, will not only feel the consequences of the separate proposals, but will also experience combined effects of the various proposals together, as they are all interlinked. Therefore, aside from the 13 separate impact assessments already carried out, an impact assessment of the entire package as a whole should be performed.
2021/12/16
Committee: INTA
Amendment 87 #

2021/0214(COD)

Proposal for a regulation
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocation under the EU ETS and indirect cost compensation systems weakens the price signal that the system provides for the installations receiving ithem compared to full auctioning and thus affectselectricity pricing without compensation and thus lower the incentives for investment into further abatement of emissions. Therefore, to promote further emission reductions in the industrial and power sectors, free allocation and indirect cost compensation shall be phased out as soon as possible and following at least the same pattern as the gradual phase in of CBAM certificates, in order to respect WTO legal principles of non-discrimination and not to distort existing trade patterns to the Union's advantage;
2021/12/16
Committee: INTA
Amendment 106 #

2021/0214(COD)

Proposal for a regulation
Recital 11 a (new)
(11 a) The gradual phase out of free allowances for the products covered by the CBAM would occur by applying a factor reducing the free allocation for these products (CBAM factor). The CBAM factor shall be equal to 100% for the period during the entry into force of this Regulation and the end of 2024, 90% in 2025, 80% in 2026, 65% in 2027, 50% in 2028, 30% in 2029 and will reach 0% by the end of 2030. The phase in of CBAM certificates will follow the same mirroring pattern;
2021/12/16
Committee: INTA
Amendment 109 #

2021/0214(COD)

Proposal for a regulation
Recital 12
(12) While the objective of the CBAM is to lower global carbon emissions by preventing the risk of carbon leakage, this Regulation would also encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated. Special attention, intensive dialogue, administrative, technical and financial support is needed regarding LDCs, empowering them to reach the green transition in a sustainable and fair way and enabling them to be full- fledged participators in global sustainable trade;
2021/12/16
Committee: INTA
Amendment 115 #

2021/0214(COD)

Proposal for a regulation
Recital 12 a (new)
(12 a) To meet the Union objectives and international commitments, such as those under WTO agreements and the Paris agreement and in line with the principle of CBDR, the Commission should come forward with a proposal and sufficient funding to support LDCs in complying with the various CBAM requirements. This should entail, amongst others, the necessary administrative and technical assistance and financial support to facilitate LDC’s adaptation to the new obligations established by this regulation as well as support the help them cut emissions and accomplish the green transition.
2021/12/16
Committee: INTA
Amendment 117 #

2021/0214(COD)

Proposal for a regulation
Recital 12 b (new)
(12 b) In the transitional phase, producers of LDCs in the sectors covered by the CBAM should be supported in complying with the administrative requirements of the CBAM and assisted in mapping the real emissions of their production processes. At the same time, possible environmental and energy improvements in the production process (such as regarding raw material use, circular economy aspects, energy efficiency and use of renewable energy) should be proposed, technical and knowledge transfers should take place and best practices should be shared.
2021/12/16
Committee: INTA
Amendment 118 #

2021/0214(COD)

Proposal for a regulation
Recital 12 c (new)
(12 c) During the implementation phase, when revenues will be generated from the sale of CBAM certificates and the financial consequences of the CBAM will be sensed in third countries, sufficient support and funding should be attributed to helping LDCs in implementing the environment, climate, energy and resource related improvements to help them lower emissions, cut CBAM costs and accomplish the green transition.
2021/12/16
Committee: INTA
Amendment 120 #

2021/0214(COD)

Proposal for a regulation
Recital 12 d (new)
(12 d) As the sole aim of the CBAM is to reduce global carbon emissions, the revenues generated from the sale of CBAM certificates, or the equivalent in financial value of these revenues, should be channeled towards global climate funding. Sufficient funding should be made available to realize the support for LDCs as stipulated above;
2021/12/16
Committee: INTA
Amendment 141 #

2021/0214(COD)

Proposal for a regulation
Recital 17
(17) The GHG emissions to be regulated by the CBAM should correspond to those GHG emissions covered by Annex I to the EU ETS in Directive 2003/87/EC, namely carbon dioxide (‘CO2’) as well as, where relevant, nitrous oxide (‘N2O’) and perfluorocarbons (‘PFCs’). The CBAM should initiaapply to direct emissions as welly applys to indirect emissions of those GHG from the production of goods up to the time of import into the customs territory of the Union, and after the end of a transition period and upon further assessment, as well to indirect emissions, mirroring the scope of the EU ETS.mirroring the scope of the EU ETS and leading to as equal carbon costs as possible for domestic production and imports;
2021/12/16
Committee: INTA
Amendment 166 #

2021/0214(COD)

Proposal for a regulation
Recital 30
(30) The use of the first criterion allows listing the following industrial sector in terms of cumulated emissions: iron and steel, refineries, cement, organic basic chemicals and polymers, and fertilisers.
2021/12/16
Committee: INTA
Amendment 172 #

2021/0214(COD)

Proposal for a regulation
Recital 32
(32) In particular, organic chemicals are not included in the scope of this Regulation due to technical limitations that do not allow to clearly define the embedded emissions of imported goods. For these goods the applicable benchmark under the EU ETS is a basic parameter, which does not allow for an unambiguous allocation of emissions embedded in individual imported goods. A more targeted allocation to organic chemicals will require more data and analysis.deleted
2021/12/16
Committee: INTA
Amendment 178 #

2021/0214(COD)

Proposal for a regulation
Recital 33
(33) Similar tTechnical constraints apply to refinery products, for which it is not possible to unambiguously assign GHG emissions to individual output products. At the same time, the relevant benchmark in the EU ETS does not directly relate to specific products, such as gasoline, diesel or kerosene, but to all refinery output.
2021/12/16
Committee: INTA
Amendment 179 #

2021/0214(COD)

Proposal for a regulation
Recital 34
(34) However, aluminium products should be included in the CBAM as they are highly exposed to carbon leakage. Moreover, in several industrial applications they are in direct competition with steel products because of characteristics closely resembling those of steel products. Inclusion of aluminium is also relevant as the scope of the CBAM may be extended to cover also indirect emissions in the futureThe scope of the CBAM shall cover also indirect emissions related to electricity consumption, heating and cooling, used to produce CBAM products. To eliminate risks of carbon leakage due to resource shuffling, indirect emissions shall be calculated based on the average marginal or other price-setting power generation unit in the relevant electricity market. Where such data are not available, average CO2 intensity of the relevant power market supplying the producing installation shall be used instead.
2021/12/16
Committee: INTA
Amendment 192 #

2021/0214(COD)

Proposal for a regulation
Recital 50
(50) A transitional period should apply during the period 2023 until the end of 20254. A CBAM without financial adjustment should apply, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disruptive impacts on trade. Declarants should have to report on a quarterly basis the actual embedded emissions in goods imported during the transitional period, detailing direct and indirect emissions as well as any carbon price paid abroad.
2021/12/16
Committee: INTA
Amendment 206 #

2021/0214(COD)

Proposal for a regulation
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, such as all sectors covered by ETS and downstream sectors, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . _________________ 47 Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
2021/12/16
Committee: INTA
Amendment 213 #

2021/0214(COD)

Proposal for a regulation
Recital 53
(53) In light of the above, an extensive dialogue with third countries should continue and t, trade partners, EU’s and third country’s industries, federations, international organisations, NGO’s, think tanks and all other involved stakeholders should continue in order to boost global climate action and maximize engagement and the chances of the CBAM succeeding. There should be space for cooperation and solutions that could inform the specific choices that will be made on the details of the design of the measure during the implementation, in particular during the transitional period.
2021/12/16
Committee: INTA
Amendment 219 #

2021/0214(COD)

Proposal for a regulation
Recital 55
(55) As the CBAM aims to encourage cleaner production processes, and in line with the CBDR principle, the EU stands ready to work with low and middle- income countries towards the de- carbonisation of their manufacturing industries. Moreover, the UnCommission should support less developed countriecome forward with a proposal and sufficient funding to support LDCs with the necessary technical and financial assistance in order to facilitate their adaptation to the new obligations established by this regulation. In the transitional phase, producers of LDCs in the sectors covered by the CBAM should be supported in complying with the administrative requirements of the CBAM, assisted in mapping the real emissions of their production processes and supported to determine production process improvements. During the implementation phase, when the CBAM has financial consequences, LDCs should be supported to cut emissions and thus CBAM costs and accomplish the green transition.
2021/12/16
Committee: INTA
Amendment 233 #

2021/0214(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to reduce global carbon emissions by preventing the risk of carbon leakage.
2021/12/16
Committee: INTA
Amendment 271 #

2021/0214(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 15 a (new)
(15 a) ‘indirect emissions’ mean emissions from the production of electricity, heating and cooling, which is consumed during the production processes of goods.
2021/12/16
Committee: INTA
Amendment 274 #

2021/0214(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 16
(16) ‘embedded emissions’ mean direct emissions released during the production of goods and inputs of CBAM products into those goods, as well as indirect emissions from the production of electricity, heating and cooling consumed during the production of goods, calculated pursuant to the methods set out in Annex III;
2021/12/16
Committee: INTA
Amendment 278 #

2021/0214(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 28
(28) ‘indirect emissions’ mean emissions from the production of electricity, heating and cooling, which is consumed during the production processes of goods.deleted
2021/12/16
Committee: INTA
Amendment 287 #

2021/0214(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Embedded emissions in goods other than electricity shall be determined based on the actual emissions in accordance with the methods set out in Annex III, points 2 and 3. When actual emissions cannot be adequately determined, the embedded emissions shall be determined by reference to default values in accordance with the methods set out in Annex III, point 4.1. In determining indirect emissions from the consumption of electricity, heating and cooling embedded in goods other than electricity, the annual average emissions intensity of the marginal or other price- setting generator in the relevant electricity market shall be used. Where such data are not available, the average emissions intensity of fossil fuel-based generation plants in the relevant power market supplying the producing installation shall be used instead;
2021/12/16
Committee: INTA
Amendment 291 #

2021/0214(COD)

Proposal for a regulation
Article 7 – paragraph 6
6. The Commission is empowered to adopt implementdelegated acts, ing actscordance with Article 28, concerning detailed rules regarding the elements of the calculation methods set out in Annex III, including determining system boundaries of production processes, emission factors, installation-specific indirect emissions related to electricity, heating and cooling consumption, installation-specific values of actual emissions and default values and their respective application to individual goods as well as laying down methods to ensure the reliability of data on the basis of which the default values shall be determined, including the level of detail and the verification of the data. Where necessary, those acts shall provide that the default values can be adapted to particular areas, regions or countries to take into account specific objective factors such as geography, natural resources, market conditions, prevailing energy sources, or industrial processes. The implementing acts shall build upon existing legislation for the verification of emissions and activity data for installations covered by Directive 2003/87/EC, in particular Implementing Regulation (EU) No 2018/2067.
2021/12/16
Committee: INTA
Amendment 292 #

2021/0214(COD)

Proposal for a regulation
Article 7 – paragraph 7
7. The implementing acts referred to in paragraph 6 shall be adopted in accordance with the examination procedure referred to in Article 29(2).deleted
2021/12/16
Committee: INTA
Amendment 397 #

2021/0214(COD)

Proposal for a regulation
Article 24 a (new)
Article 24 a Revenues from the sale of CBAM certificates In line with the Union objectives and international commitments, such as those under WTO agreements, the Paris agreement and the CBDR principle, the Commission should come forward with a proposal and sufficient funding to support LDCs. This should entail, amongst others, the necessary administrative and technical assistance and financial support to facilitate LDC’s adaptation to the new obligations established by this regulation and the accomplishment of a sustainable transition. In the transitional phase, producers of LDCs in the sectors covered by the CBAM should be supported in complying with the administrative requirements of the CBAM and assisted in mapping the real emissions of their production processes. At the same time, possible environmental and energy improvements in the production process (such as regarding raw material use, circular economy aspects, energy efficiency and use of renewable energy) should be proposed, technical and knowledge transfers should take place and best practices should be shared. During the implementation phase, when revenues will be generated from the sale of CBAM certificates and the financial consequences of the CBAM will be sensed in third countries, sufficient support and funding should be attributed to helping LDCs in implementing the environment, climate, energy and resource related improvements to lower emissions, cut CBAM costs and accomplish the green transition.
2021/12/16
Committee: INTA
Amendment 401 #

2021/0214(COD)

Proposal for a regulation
Article 24 b (new)
Article 24 b To ensure that the sole aim of the CBAM is to reduce global carbon emissions, the revenues generated from the sale of CBAM certificates, or the equivalent in financial value of these revenues, shall be channeled towards global climate funding. Sufficient funding shall be made available to accomplish the goals set out in the previous paragraph.
2021/12/16
Committee: INTA
Amendment 458 #

2021/0214(COD)

Proposal for a regulation
Article 28 – paragraph 5 a (new)
5 a. This committee of experts shall be inclusive and consist of people who, together, are knowledgeable of all the various effects of the CBAM, representing the interests of all affected stakeholders and society as a whole.
2021/12/16
Committee: INTA
Amendment 468 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. The Commission shall collect the information necessary with a view to extending the scope of this Regulation to indirect emissions and goodgoods and services other than those listed in Annex I, such as all the sectors covered by the ETS and downstream sectors, and develop methods of calculating embedded emissions based on environmental footprint methods.
2021/12/16
Committee: INTA
Amendment 490 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 3 a (new)
3 a. Before the end of the fourth year following the entry into force of this Regulation, the Commission shall conduct a review of the carbon leakage risks posed to EU ETS installations producing products listed in Annex I of this Regulation for export beyond the customs territory of the Union. This review shall take into account relevant risk factors, including the extent to which third countries have adopted equivalent carbon pricing or regulatory policies to the Union, the ability of EU ETS installations to deduct carbon prices already paid in the EU or pass on emission costs in third country markets, and the prospects for global cooperation on carbon leakage protection.
2021/12/16
Committee: INTA
Amendment 492 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 3 b (new)
3 b. If the remaining risk of carbon leakage to exporters determined by the review referred to in paragraph 4 is deemed to place into question the effectiveness of the Union’s climate policy of pricing emissions for EU ETS installations, the Commission shall propose legislative amendments to eliminate this risk. If necessary, any such legislative proposals shall respect the WTO legal principles of non- discrimination and shall not distort existing trade patterns to the Union’s advantage.
2021/12/16
Committee: INTA
Amendment 497 #

2021/0214(COD)

Proposal for a regulation
Article 31 – paragraph 1
1. The CBAM certificates to be surrendered in accordance with Article 22 shall be adjusted to reflect the extent to which EU ETS allowances are allocated free of charge in accordance with Article 10a of Directive 2003/87/EC to installations producing, within the Union, the goods listed in Annex I. The CBAM certificates to be surrendered in accordance with Article 22 shall be adjusted to reflect the extent to which EU ETS allowances are allocated free of charge in accordance with Article 10a of Directive 2003/87/EC to installations producing, within the Union, the goods listed in Annex I. The gradual phase out of free allowances and mirroring phase in of CBAM certificates will occur by applying the “CBAM factor”, reducing the free allocation to installations producing these products within the Union. The CBAM factor shall be equal to 100% for the period during the entry into force of this Regulation and the end of 2024, 90% in 2025, 80% in 2026, 65% in 2027, 50% in 2028, 30% in 2029 and will reach 0% by the end of 2030.
2021/12/16
Committee: INTA
Amendment 514 #

2021/0214(COD)

Proposal for a regulation
Article 36 – paragraph 3 – point a
(a) Articles 32 to 34 shall apply until 31 December 20254.
2021/12/16
Committee: INTA
Amendment 516 #

2021/0214(COD)

Proposal for a regulation
Article 36 – paragraph 3 – point b
(b) Article 35 shall apply until 28 February 20265.
2021/12/16
Committee: INTA
Amendment 520 #

2021/0214(COD)

Proposal for a regulation
Article 36 – paragraph 3 – point c
(c) Articles 5 and 17 shall apply from 1 September 20254.
2021/12/16
Committee: INTA
Amendment 524 #

2021/0214(COD)

Proposal for a regulation
Article 36 – paragraph 3 – point d
(d) Articles 4, 6, 7, 8, 9, 14, 15, 16, 19, 20, 21, 22, 23, 24, 24 a (new) 25, 26, 27 and 31 shall apply from 1 January 20265.
2021/12/16
Committee: INTA
Amendment 531 #

2021/0214(COD)

Proposal for a regulation
Annex I – point 2 – point i (new)
i) Organic chemicals and polymers
2021/12/16
Committee: INTA
Amendment 536 #

2021/0214(COD)

Proposal for a regulation
Annex III – point 2 – introductory part
2. Determination of actual direct embedded emissions for simple goods
2021/12/16
Committee: INTA
Amendment 537 #

2021/0214(COD)

Proposal for a regulation
Annex III – point 2 – paragraph 1 – introductory part
For determining the specific actual embedded emissions of simple goods produced in a given installation, only direct emissions shall be accounted for. For this purpose, the following equation is to be applied:
2021/12/16
Committee: INTA
Amendment 538 #

2021/0214(COD)

Proposal for a regulation
Annex III – point 2 – paragraph 3 – introductory part
‘Attributed emissions’ mean the part of the installation’s direct emissions during the reporting period that are caused by the production process resulting in goods g when applying the system boundaries of the process defined by the implementing acts adopted pursuant to Article 7(6). The attributed emissions shall be calculated using the following equation:
2021/12/16
Committee: INTA
Amendment 539 #

2021/0214(COD)

Proposal for a regulation
Annex III – point 2 – paragraph 3 – subparagraph 1
nulldeleted
2021/12/16
Committee: INTA
Amendment 540 #

2021/0214(COD)

Proposal for a regulation
Annex III – point 2 – paragraph 3 – subparagraph 1 a (new)
Attrg = DirEm + EmH,imp –EmH,exp + Gcorr,imp – Gcorr,exp + Emel –Emel,exp
2021/12/16
Committee: INTA
Amendment 541 #

2021/0214(COD)

Proposal for a regulation
Annex III – point 2 – paragraph 4
Where DirEm are the direct emissions, resulting from the production process, expressed in tonnes of CO2e, within the system boundaries referred to in the implementing act pursuant to Article 7(6). ; EmH,imp are the indirect emissions accounted for heat imported to the installation and consumed within the system boundaries of the process; EmH,exp are emission equivalents of heat exported from the process system boundaries; Gcorr,imp is a correction factor taking into account imports of waste gases or greenhouse gases used as process input; Gcorr,exp is a similar correction factor for exports of such gases from the system boundaries of the process; Emel are the indirect emissions accounted for electricity consumed within the system boundaries of the process, including any electricity consumed from the relevant power grid from which the installation is supplied; Emel,exp are emission equivalents of electricity exported from the process system boundaries; EmH is to be calculated using the emission factor for heat given in the implementing act pursuant to Article 7, Emel is to be calculated using the emission factor for electricity given in that act. Where offsite power is consumed, the annual average emissions intensity of the marginal or other price-setting generator in the relevant electricity market shall be used.Where such data are not available, the average emissions intensity of fossil- fuel based generation plants in the relevant power market supplying the producing installation shall be used instead. For Gcorr the implementing act shall specify the types of gases and of their use eligible for corrections, and relevant calculation factors.
2021/12/16
Committee: INTA
Amendment 7 #

2020/2137(INI)

Draft opinion
Paragraph 1
1. Reiterates that global value chains are the key feature of the global economy and that trade policy must contribute to a transparent production process throughout the value chain, including subcontracting chains, and demonstrate compliance with environmental, human rights, social and safety standards;
2020/09/24
Committee: INTA
Amendment 13 #

2020/2137(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Acknowledges the recent European Commission study on directors’ duties and sustainable corporate governance that current corporate decision-makers focus on short-term shareholder value maximisation rather than on the long-term interests of the company, and its stakeholders, who aim for long-term environmental and social sustainability of European businesses1a; _________________ 1ahttps://op.europa.eu/fr/publication- detail/-/publication/e47928a2-d20b-11ea- adf7-01aa75ed71a1
2020/09/24
Committee: INTA
Amendment 14 #

2020/2137(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Underlines that the impact of corporate short termism on EU business trading practices in third countries is unsustainable; notes the importance of promoting social sustainability in third countries; stresses that promoting sustainable corporate governance in trade policy has a positive impact on the supply chain, and towards achieving the Sustainable Development Goals, and the Paris agreement targets;
2020/09/24
Committee: INTA
Amendment 23 #

2020/2137(INI)

Draft opinion
Paragraph 2
2. Emphasises that sustainable corporate governance can help the EU to build a more resilient and sustainable economy, improve the level playing field and protect EU businesses and citizenworkers, and is therefore hugely beneficial to EU trade policy;
2020/09/24
Committee: INTA
Amendment 26 #

2020/2137(INI)

Draft opinion
Paragraph 2 c (new)
2 c. Stresses the importance of coherence between corporate governance structures of EU businesses and EU efforts in dialogue with third countries on responsible business conduct through Trade and Sustainable Development chapters in Free Trade Agreements; notes that a sustainable long-term holistic approach is needed
2020/09/24
Committee: INTA
Amendment 27 #

2020/2137(INI)

Draft opinion
Paragraph 2 d (new)
2 d. Notes that a balanced composition of the Domestic Advisory Groups (DAGs) as well as lessons learnt from their experience as an inclusive structured dialogue could be used as a model for EU corporate structures that takes civil society on board;
2020/09/24
Committee: INTA
Amendment 29 #

2020/2137(INI)

3. Notes that the COVID-19 crisispandemic has exposed the vulnerabilities of unregulated global supply chains, andwhich showed that the voluntarily rules are insufficient; especially in the garment sector where production was disrupted during the crisis with negative effects throughout the supply chain; notes that businesses with better environmental, social and governance practices and risk mitigation processes weather the crisises better;
2020/09/24
Committee: INTA
Amendment 39 #

2020/2137(INI)

Draft opinion
Paragraph 4
4. Notes with concern that less than 1 % of companies publicly list their suppliers, even in high-risk sectors; emphasizes the importance of more transparency in the supply chain to oversee binding environmental, social, and human rights standards; stresses the need for the review of the non-financial reporting directive (NFRD) to greatly increase corporate transparency in the supply chain;
2020/09/24
Committee: INTA
Amendment 50 #

2020/2137(INI)

Draft opinion
Paragraph 5
5. Stresses that directors’ duties should encompass an obligation to develop, disclose and implement a corporate sustainability strategy for all aspects of the company’s operations, including its supply chains; based on international social, environmental and human rights standards; underlines that consultation with local communities is important;
2020/09/24
Committee: INTA
Amendment 59 #

2020/2137(INI)

Draft opinion
Paragraph 6
6. Stresses that the requirement to disclose information on how sustainability issues affect the company and how the company affects society and the environment should include the sharing of all relevant information on all actors throughout the entire supply chain; notes that sharing this information is based on the reporting system Non-Financial Reporting Directive (‘NFRD’)
2020/09/24
Committee: INTA
Amendment 64 #

2020/2137(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Notes that as part of the revision of the reporting system Non-Financial Reporting Directive (‘NFRD’) the behaviour of a company in the supply chain has an impact; by extending the scope of the NFRD to the supply chain the impact of sustainable corporate governance will be bigger;
2020/09/24
Committee: INTA
Amendment 65 #

2020/2137(INI)

Draft opinion
Paragraph 6 b (new)
6 b. Underlines the importance of the new taxonomy regulation also in regard to the supply chain; stresses that tackling tax avoidance is a fundamental part of sustainable corporate governance;
2020/09/24
Committee: INTA
Amendment 68 #

2020/2137(INI)

Draft opinion
Paragraph 7
7. Notes that sustainable corporate governance cannot reach its full potential without due diligence legislation that requires companies to identify, prevent, mitigate and account for human rights abuses and environmental damage in their global value chains; underlines that sustainable corporate governance should not be limited by the present or lack of proper due diligence legislation; asks the Commission to add the sustainable corporate governance and corporate due diligence into the ongoing Trade Policy review.
2020/09/24
Committee: INTA
Amendment 4 #

2020/2131(INI)

Draft opinion
Paragraph 1
1. Recalls that small and medium- sized enterprises (SMEs) are the backbone of the EU economy; underlines that the proper functioning of the internal market and the creation of a capital market union remains an absolute priority for SMEs; highlights that due regard should be given to the innovation cycle and market deployment of newly available technologies; stresses that the wellbeing of EU single market depends on the ability of EU SMEs to adapt to the impending revolution in information technologies; recognizes the role of micro enterprises and startups in the process of deployment of new and disruptive technologies of tomorrow. Therefore, sufficient support must be given to them; recognizes the importance of maintaining strong and predictable intellectual property rights framework;
2020/09/07
Committee: INTA
Amendment 52 #

2020/2131(INI)

6. Calls on the Commission to strengthen the EU’s safeguard and trade defence instruments in order to better protect European industry, in particular when it affects sectors with a majority of SMEs.; recognizes that the world is facing unprecedented and unforeseeable challenges, which is why a smart re- shoring and an EU wide strategy for protection of EU strategic sectors should be part of the EU SME strategy in order to improve the self-sufficiency of the European Union. Including, ensuring level playing field via the imposition of carbon border adjustment mechanism. Underlines that improving the resilience of various strategic supply chains and reducing reliance of EU industry on third countries should be a key element in the new SME strategy;
2020/09/07
Committee: INTA
Amendment 58 #

2020/2131(INI)

Draft opinion
Paragraph 6 – subparagraph 1 (new)
Stresses that the EU is experiencing an economic and social shock resulting in rapidly rising unemployment rates as well as sinking of the EU GDP in the second quarter of2020 by 12.1%; reminds that different regions in the EU are more adversely impacted than others; stresses the need for strong social safeguards and social inclusion in the SME strategy in order to balance this stark reality; recalls that this crisis is also an unprecedented opportunity to shift our priorities towards a more social and sustainable modus operandi; underlines that eliminating tax competition within the EU would significantly contribute towards social stability in the EU and could also contribute towards upskilling and reskilling of workers;
2020/09/07
Committee: INTA
Amendment 236 #

2020/2129(INL)

Draft opinion
Paragraph 48
48. Recommends that Union due diligence legislation require Member States to determine effective, proportionate and dissuasive administrative penalties and sanctions for non- compliance by companies with due diligence obligations, including in relation to the making of false or misleading statements;
2020/10/12
Committee: AFET
Amendment 238 #

2020/2129(INL)

Draft opinion
Paragraph 48 a (new)
48a. Recommends that the EU legislation should require Member States to introduce civil liability regimes to ensure that companies can be held responsible for harm arising out of human and environmental rights violations, caused or contributed to by entities in their global value chain, unless they can prove that they took all reasonable measures to prevent such harm;
2020/10/12
Committee: AFET
Amendment 50 #

2020/2117(INI)

Motion for a resolution
Paragraph 3
3. Underlines that the post-COVID-19 recovery is a unique opportunity to set the agenda for sustainable growth; calls on the Commission, therefore, to presentspeed up its review of the 15-point action plan on TSD chapters without delayso it can be implemented in all ongoing negotiations without exception; expects the review to address the enforceability of TSD commitments as a matter of urgency, as it is not currently included; recalls, in this regard, the non- paper from the Netherlands and France on trade, social economic effects and sustainable development11 ; suggests that, as a minimum, recent advances in enforceability should be applied to EU trade policy, namely the ability to tackle any non-compliance by partners through unilateral sanctions, including the introduction of tariffs or quotas on certain products or the cross- suspension of other parts of an agreement; __________________ 11 Non-paper from the Netherlands and France on trade, social economic effects and sustainable development, accessed at ‘the Netherlands at International Organisations (permanentrepresentations.nl)’.
2021/04/20
Committee: INTA
Amendment 66 #

2020/2117(INI)

Motion for a resolution
Paragraph 5
5. Points out that high up-front costs, which will only repay themselves over time, and a lack of know-how and equipment are currently preventing developing countries from ‘going green’; demands that the Commission use all trade instruments and development cooperation policies at its disposal to increase financial support, technical assistance, technology transfers and digital penetration in order to empower developing countries and enable them to achieve sustainable resilience and to better implement due diligence across the supply chain;
2021/04/20
Committee: INTA
Amendment 91 #

2020/2117(INI)

Motion for a resolution
Paragraph 7
7. Emphasises that transparency and dialogue are key to creating support for trade policy; insists that the role and responsibilities of civil society and domestic advisory groups must be clearly defined in the EU’s international agreements and that financial assistance must be accompanied by capacity-building measures to enable it to function effectively; while asking the Commission to cooperate more intensively with the European civil society represented in the EESC;
2021/04/20
Committee: INTA
Amendment 139 #

2020/2117(INI)

Motion for a resolution
Paragraph 12
12. Is convinced that the EU is too dependent on a limited number of suppliers for critical goods and services, especially for medical and pharmaceutical goods; insists that the EU should overcome these undesirable dependencies via a mix of policies to incentivise companies to stockpile, diversify sourcing strategies and promote nearshoring, - which could create new trading opportunities for partners in the Eastern and Southern Neighbourhoods - and reshoring where necessary;
2021/04/20
Committee: INTA
Amendment 159 #

2020/2117(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Underlines that the loss in biodiversity increases the danger of spreading zoonoses and pandemics; stresses that although trade policy cannot replace environmental policy, it should not reinforce or incentivize production methods that are harmful to biodiversity in the EU and internationally; therefore, in the context of FTAs, calls for the linkage of the phasing in of tariff liberalisations with proven measures for the protection of biodiversity amongst which must be the implementation of the CBD and the CITES; underlines that in order to fulfil this expectation, capacity building measures and financial support for developing countries are vital elements;
2021/04/20
Committee: INTA
Amendment 171 #

2020/2117(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Welcomes the proposal by several government leaders for an international treaty on the pandemic response and calls for this to include a strong trade pillar; underlines that the international trade framework must foster cooperation and put into place both structural and rapid response mechanisms to help governments overcome the challenges associated with health emergencies; maintains that progress needs to be made in the areas of transparency on available stocks, global supply networks, production capacities and product pricing of essential health products, the implementation and development of exemptions for public health security in the intellectual property rights framework, increasing the global mobility of essential services, protecting and fostering the resilience of SMEs, and developing an intersectional approach to tackle the negative impact of health crises on gender equality, income equality, and the position of minorities;
2021/04/20
Committee: INTA
Amendment 172 #

2020/2117(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Calls to establish a new Committee on Trade and Health on the 12th WTO Ministerial Conference in order to prepare guidelines on how governments can implement existing exemptions and flexibilities in international trade law to increase public health security, which mechanisms must be put in place to improve the global response to health emergencies and to lay the groundwork for a trade pillar for the negotiations on a future international treaty on the pandemic response;
2021/04/20
Committee: INTA
Amendment 174 #

2020/2117(INI)

Motion for a resolution
Paragraph 17
17. Emphasises, in this connection, the detrimental effects of unilateral measures such as export restrictions and prohibitions and the lack of transparency on global stocks and the subsequent price speculation on scarce essential goods, not least for low and middle-income countries; calls, therefore, for the adoption of the WTO trade and health initiative by the end of 2021 and for greatera new regulation to be drawn up that is much more demanding on transparency on the supply and, production and cost of essential medical products and services;
2021/04/20
Committee: INTA
Amendment 176 #

2020/2117(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Calls for a review of the European Directive on Intellectual Property Rights to ensure that patents do not hinder access to vaccines for COVID-19, to demand the necessary transparency from the industry and a cost-benefit analysis per product that allows for a fair and reasonable patent term and the necessary flexibility in exceptional situations for public health reasons;
2021/04/20
Committee: INTA
Amendment 177 #

2020/2117(INI)

Motion for a resolution
Paragraph 17 b (new)
17b. Calls on the European Commission to make efficient use of its power of centralized public purchasing of vaccines to demand the necessary transparency and contract compliance from suppliers;
2021/04/20
Committee: INTA
Amendment 198 #

2020/2117(INI)

Motion for a resolution
Paragraph 20
20. Emphasises that international trade policy must play a proactive role in this endeavour by facilitating trade in raw materials, alleviating shortages of qualified and experienced personnel, solving supply chain problems and revisiting the global framework for intellectual property rights for future pandemics; insists, in this regard, on a constructive dialogue about a temporary waiver of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in order to ensure that countries do not face retaliation over COVID-19 related patent infringements during the pandemic; calls on the Commission to re-evaluate the TRIPS+ commitments in EU trade agreements in light of lessons learned, and to improve the work on increasing the effectiveness of IPR flexibilities such as, but not limited to, compulsory licensing in the context of bilateral negotiations and dialogue;
2021/04/20
Committee: INTA
Amendment 271 #

2020/2117(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Points out that the COVID crisis has underlined the significance of a new partnership with the African continent; in this context underlines that the question on debt reductions and debt cancellations needs to be answered; underlines the necessity of extending debt-related initiatives to private creditors; highlights the need to create the policy space in African countries for the successful implementation of health related policy measures;
2021/04/20
Committee: INTA
Amendment 274 #

2020/2117(INI)

Motion for a resolution
Paragraph 27 b (new)
27b. Stresses that the EU needs to actively support the diversification of inner-African value chains;
2021/04/20
Committee: INTA
Amendment 1 #

2020/2116(INI)

Motion for a resolution
Citation 1
— having regard to the Universal Declaration of Human Rights of 1948, and in particular Article 13 and Article 14 thereof,
2020/12/14
Committee: AFET
Amendment 2 #

2020/2116(INI)

Motion for a resolution
Citation 5
— having regard to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 and in particular Article 3, and the additional protocol thereto,
2020/12/14
Committee: AFET
Amendment 3 #

2020/2116(INI)

Motion for a resolution
Citation 9 a (new)
- having regard to the International Convention for the Protection of All Persons from Enforced Disappearance,
2020/12/14
Committee: AFET
Amendment 4 #

2020/2116(INI)

Motion for a resolution
Citation 13
— having regard to the work of various international human rights mechanisms, including the reports of the UN Special Rapporteur on the human rights of migrants, notably his follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants of 8 May 2015, as well as his report on the freedom of association of migrants of May 2020, and of other Special Rapporteurs, the Universal Periodic Review and the work of other treaty bodies,
2020/12/14
Committee: AFET
Amendment 6 #

2020/2116(INI)

Motion for a resolution
Citation 16 a (new)
- having regard to the Report of the UN Secretary-General: Smuggling of migrants and trafficking in persons in the Mediterranean Sea off the coast of Libya form September 2020 (S/2020/876) in particular violations faced by migrants and asylum seekers in Libya,
2020/12/14
Committee: AFET
Amendment 7 #

2020/2116(INI)

Motion for a resolution
Citation 16 b (new)
- having regard to the Report of the United Nations High Commissioner for Human Rights on the situation of human rights in Libya, and the effectiveness of technical assistance and capacity-building measures received by the Government of Libya in particular the paralysis of the state’s security institutions by armed groups and militias,
2020/12/14
Committee: AFET
Amendment 9 #

2020/2116(INI)

Motion for a resolution
Citation 20 a (new)
- having regard to EU Regulation 656/2014: establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union,
2020/12/14
Committee: AFET
Amendment 10 #

2020/2116(INI)

Motion for a resolution
Citation 22 a (new)
- having regard to the Council Conclusions on the EU Action Plan on Human Rights and Democracy 2020- 2024, and the annexed EU Action Plan on Human Rights and Democracy 2020- 2024, as agreed by the Council on 17 November 2020,
2020/12/14
Committee: AFET
Amendment 11 #

2020/2116(INI)

Motion for a resolution
Citation 22 b (new)
- having regard to the Joint Communication to the European Parliament and the Council for the EU Gender Action Plan (GAP) III {SWD(2020) 284 final},
2020/12/14
Committee: AFET
Amendment 16 #

2020/2116(INI)

Motion for a resolution
Citation 29 a (new)
- having regard to the Malta Declaration by the members of the European Council on the external aspects of migration: addressing the Central Mediterranean route of 3 February 2017,
2020/12/14
Committee: AFET
Amendment 21 #

2020/2116(INI)

Motion for a resolution
Recital A
A. whereas migration is a global phenomenon amplified by globalisation, rising conflicts, inequalities, and climate disruption; whereas gradual, normative development within the modern international human rights framework of the rights of migrants, independently of their legal status, represents a source of progress and collective pride for humanity; whereas migrants remain and - in particular - forcibly displaced persons, however, among the most vulnerable and disadvantaged groups worldwide and continue to face violations of their rights; whereas migration continues to be for many individuals a human journey marred by suffering, discrimination and violence; whereas the European Union, as a historic region of both emigration and immigration and, as a community united by founding values of human dignity, freedom and human rights and as one of the worlds’ largest donors promoting sustainable development, supporting displaced persons and working through multilateral forums towards finding durable solutions, has a particular duty to respect, protect and promote the rights of migrants, notably in its external dealings;
2020/12/14
Committee: AFET
Amendment 31 #

2020/2116(INI)

Motion for a resolution
Recital B
B. whereas the Commission communication of 7 June 2016 on establishing a new Partnership Framework with third countries under the European Agenda on Migration, which builds on the GAMM principles, stresses that migration issues are at the top of the EU’s external relations priorities; whereas this framework calls for intensified cooperation with third countries, through ‘partnerships’ aiming at ensuring cooperation on migration management, in effectively preventing irregular migration and readmitting irregular migrants, including with positive and negative incentives stemming from different policy elements within EU competence, including neighbourhood, development aid, trade, mobility, energy, security and digital policies, all leveraged towards the same objective;deleted
2020/12/14
Committee: AFET
Amendment 41 #

2020/2116(INI)

Motion for a resolution
Recital D
D. whereas since 2016 the EU hasand some Member States, such as France, Greece, Italy and Spain, have multiplied the number of informal agreements and arrangements on return and readmission with third countries, including Joint Migration Declarations, Memoranda of Understanding, Joint Ways Forward, Standard Operating Procedures and Good Practices as well as police cooperation agreements ; whereas, similarly to formal readmission agreements, such informal arrangements affirm states’ commitments to readmitting their nationals (or others) and establish procedures to carry out returns in practice; whereas since 2016, the EU has concluded at least 11 informal agreements but only one new readmission agreement;
2020/12/14
Committee: AFET
Amendment 42 #

2020/2116(INI)

Motion for a resolution
Recital D a (new)
D a. Whereas the European consensus on development adopted in June 2017 highlights that a well-managed migration and mobility can make positive contributions to inclusive growth and sustainable development in line with the 2030 Agenda, while acknowledges at the same time that irregular migration represents major challenges and impact negatively the countries of origin, transit and destination.
2020/12/14
Committee: AFET
Amendment 44 #

2020/2116(INI)

Motion for a resolution
Recital E
E. whereas in its communication on the new Pact on Migration and Asylum of 23 September 2020, the Commission reiterated that in the framework of comprehensive partnerships with third countries migration should be built in as a core issue and linked to other policies, such as those relating to development cooperation, security, visas, trade, agriculture, investment and employment, energy, environment and climate change and educationstresses the importance to develop and deepen tailor-made comprehensive and balanced migration dialogues and partnerships with countries of origin and transit complemented by engagement at the regional and global level ;
2020/12/14
Committee: AFET
Amendment 51 #

2020/2116(INI)

Motion for a resolution
Recital F a (new)
F a. whereas the EU Gender Action Plan III commits the EU to ensuring that "the human rights of migrant women and girls are fully realised through gender- responsive migration policies, programmes and laws, and gender- responsive migration governance at global, regional and national levels reinforced";
2020/12/14
Committee: AFET
Amendment 56 #

2020/2116(INI)

Motion for a resolution
Recital H
H. whereas UN human rights experts, NGOs and civil society organisations warned that the COVID-19 pandemic is having serious and disproportionate effects on migrants and their families globally; whereas they have called on states to protect the rights of migrants and their families, regardless of their migration status, both during and after the pandemic;
2020/12/14
Committee: AFET
Amendment 61 #

2020/2116(INI)

Motion for a resolution
Paragraph 2
2. Stresses that these obligations require not only the abstract recognition of the applicability of the relevant standards, but also an appropriate operationalisation through detailed and specific instruments that allow for effective protection and safeguards in practice as well as through a human rights- based approach to the entire migration policy cycle, from formulation to adoption, implementation, monitoring and evaluation;
2020/12/14
Committee: AFET
Amendment 64 #

2020/2116(INI)

Motion for a resolution
Paragraph 3
3. Recalls that, in compliance with Article 3(5) and 21 TEU, the EU and, when applying EU law, the Member States, in their external and extraterritorial actions in the areas of migration, borders and asylum, should pay specific attention toall respect the rights enshrined in the Charter of Fundamental Rights, including the right to life, the right to liberty, the right to asylum, human dignity and security, the protection from enforced disappearance, the prohibition of ill- treatment, torture, slavery and forced labour, the right to the protection of personal data, protection in the event of removal, expulsion or extradition and the obligation to take the interests of the child as a primary consideration, as well as adopting a gender-sensitive approach, and to ensure non-discrimination and procedural guarantees such as the right to an effective remedy and data protection;
2020/12/14
Committee: AFET
Amendment 80 #

2020/2116(INI)

Motion for a resolution
Paragraph 4
4. Observes that the Commission has yet to evaluate the impact of the implementation of its successive migration policy frameworks, notably the GAMM and the new Partnership Framework, on the human rights of TCNs as well as the human rights impact of the EU’s cooperation on migration with third countries, including the impact of EU’s support for partner countries’ border and security forces; insists on the need to carry out such an evaluation in a comprehensive, inclusive and public format with a view to ensuring the full human rights compliance of the EU’s external migration policy including with regards to the Facility for Refugees in Turkey in the framework of the EU-Turkey statement and the EUTF;
2020/12/14
Committee: AFET
Amendment 85 #

2020/2116(INI)

Motion for a resolution
Paragraph 5
5. Notes with great concern the absence of operational, reporting, monitoring, evaluation and accountability mechanisms at the level of individual cases to track and respond to potential violations, as well as the lack of effective judicial remedies for persons whose rights are allegedly violated as a consequence of EU and EU agencies cooperation with third countries, especially in the case of informal agreements and financial cooperation;
2020/12/14
Committee: AFET
Amendment 92 #

2020/2116(INI)

Motion for a resolution
Paragraph 6
6. Calls for the EU to ensure that readmission agreements and agreements for cooperation on border management are only concluded with third countries that explicitly commit to respecting human rights and the rights enshrined in the UN Refugee Convention, and to ensure that such cooperation does not lead to violations of those rights and offers operational means to nullify these agreements, seek effective remedy and ensure accountability should such violations occur;
2020/12/14
Committee: AFET
Amendment 95 #

2020/2116(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Recalls that, in accordance with the Convention Relating to the Status of Refugees of 1951 (Art. 3) and to the Universal Declaration of Human Rights (Art. 14) the country of origin shall by no means constitute an obstacle to the application of the right to seek asylum; calls for the EU to ensure that for the purpose of readmission agreements no third country is considered as safe and that all asylum seekers shall enjoy the right to have their applications individually assessed;
2020/12/14
Committee: AFET
Amendment 100 #

2020/2116(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Commission to ensure ex ante risk assessments, performed by independent agencies, on the impact of any formal, informal or financial EU cooperation with third countries on the rights of migrants and refugees, on human rights defenders and civil society in- country working to defend these rights and, to the extent possible, on impact that such cooperation would have on the wider population in the country affected by it, including access to rights, contribution to human security and peace, and sustainable development; calls on the Commission to set implementation guidelines for EU agencies and Member States before entering into cooperation with third countries; calls in this respect for particular vigilance in relation to countries which are are suspected of breaching the rule of law, experiencing ongoing or frozen conflicts and face increased risks of human rights violations, such as Turkey, Libya and Egypt and countries where migrants and refugees are subjected to mistreatment and illegal push backs, such as Tunesia, Algeria, Morocco; calls for a commitment to a conflict-sensitive approach that considers and recognizes the effects of assistance into conflict settings and seeks to minimize harm; urges in that regard the Commission to insist that all migration-related interventions must structure any short- term objectives or projects within longer- term aims that support governance;
2020/12/14
Committee: AFET
Amendment 102 #

2020/2116(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Commission to ensure ex ante risk assessments, performed by independent agencies, on the impact of any formal, informal or financial EU cooperation with third countries on the rights of migrants and refugees and on the resilience and livelihood of communities in the regions of intervention – in particular in border regions, as well as human security, peace and stability, with a specific focus on women; calls on the Commission to set implementation guidelines for EU agencies and Member States before entering into cooperation with third countries; calls in this respect for particular vigilance in relation to countries which are experiencing ongoing or frozen conflicts and face increased risks of human rights violations;
2020/12/14
Committee: AFET
Amendment 110 #

2020/2116(INI)

8. Calls on the Commission to establish an independent, transparent and effective monitoring mechanism, which entails periodic reports on the implementation of formal, informal and financial agreements with third countries that can potentially impact the rights of migrants and refugees in third countrieand human rights defenders and civil society in-country working to defend these rights, such as migration partnerships, readmission agreements, and international cooperation on migration management and governance, including direct targeting of challenges connected to migration and forced displacement; stresses that such a monitoring mechanism has to be transparent, participatory for civil society and field workers, and publicly available; insists on the need to ensure means for civil society and other interested stakeholders to be able to contribute to the work of the mechanism; insits that such a system should contribute to ensuring accountability for potential human rights vioalations, including unlawful push backs violating the principle of non- refoulement; insists that such a monitoring mechanism will assess the implementation of agreements strictly on the basis of international law, the EU Charter and the Sustainable Development Goals;
2020/12/14
Committee: AFET
Amendment 112 #

2020/2116(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Commission to establish an independent, transparent and effective monitoring mechanism on the basis of international law, the European Charter and the Sustainable Development Goals, which entails periodic reports on the implementation of formal, informal and financial agreements that can potentially impact the rights of migrants and refugees in third countries, such as migration partnerships, readmission agreements, and international cooperation on migration management and governance, including direct targeting of challenges connected to migration and forced displacement; stresses that such a monitoring mechanism has to be transparent, participatory for civil society and field workers, and publicly available; insists on the need to ensure means for civil society and other interested stakeholders to be able to contribute to the work of the mechanism;
2020/12/14
Committee: AFET
Amendment 117 #

2020/2116(INI)

Motion for a resolution
Paragraph 10
10. Notes that the implementation and funding of the EU’s external migration policy is assigned to different Commission Directorates-General and mainstreamed across the EU’s migration, and asylum, policy, as well as development and foreign policies without a designated lead institutional actorhen it comes to address the root causes of migration; notes with concern that this blending of executive responsibilities has created a lack of sufficient and coherent oversight of the Commission’s activities that would enable Parliament to exert democratic control over the EU’s external migration policy and exercise budgetary authority over development funds; urges the Commission to designate a single lead institutional interlocu, insists on the importance to ensure coherence, synergies and complementarities in order tor at Commissioner level on the external dimension of migrationvoid overlap between the different tools. ;
2020/12/14
Committee: AFET
Amendment 118 #

2020/2116(INI)

Motion for a resolution
Paragraph 10
10. Notes that the implementation and funding of the EU’s external migration policy is assigned to different Commission Directorates-General and mainstreamed across the EU’s migration, asylum, development and foreign policies without a designated lead institutional actor; notes with concern that this blending of executive responsibilities has created a lack of sufficient and coherent oversight of the Commission’s activities that would enable Parliament to exert democratic control over the EU’s external migration policy and exercise budgetary authority over development funds; urges the Commission to designate a single lead institutional interlocutor at Commissioner level on the external dimension of migration;
2020/12/14
Committee: AFET
Amendment 125 #

2020/2116(INI)

Motion for a resolution
Paragraph 11
11. Highlights with great concern the practical human rights implications stemming from the increasing number, and hence the extrajudicial nature, of informal arrangements on return and readmission, which are concluded in the absence of due democratic scrutiny and parliamentary oversight and are not subject to judicial scrutiny; calls on the Commission to prioritise the conclusion of formal readmission agreements, thus ensuring full respect for Article 218(6) TEU, and to ensure that formal EU Readmission Agreements (EURAs) exclude the application of informal agreements; believes that Parliament must assess the legality of informal agreements which include commitments on issues that fall within its competencies, such as readmission, and must be ready to undertake further action including suspension if these informal agreements appear to be incompatible with the Treaties;
2020/12/14
Committee: AFET
Amendment 129 #

2020/2116(INI)

Motion for a resolution
Paragraph 12
12. Highlights with great concern the increased role of the European Border and Coast Guard Agency in practical and operational cooperation with third countries, including on return and readmission, provision of training, operational and technical assistance to authorities of third countries for the purpose of border management and border control, carrying out operations or joint operations at the EU’s external borders or in the territories of third countries, and deploying liaison officers and operational staff in third countries; calls on the Commission to establish an independent, transparent and effective monitoring mechanism on all activities carried out by the European Border and Coast Guard Agency, in addition to the internal complaint mechanism in place;
2020/12/14
Committee: AFET
Amendment 136 #

2020/2116(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Recalls that also other EU actors implementing the external migration policy in the context of e.g. EU naval missions, are bound to applicable international law and that forwarding information to authorities of third countries that ultimately result in the unlawful return of migrants and refugees to unsafe countries, can be considered under international law as assisting in human rights violations;
2020/12/14
Committee: AFET
Amendment 139 #

2020/2116(INI)

Motion for a resolution
Paragraph 13
13. Recalls that ad hoc Status Agreements, to be approved by the European Parliament, are required for the deployment of the European Border and Coast Guard Agency’s border management teams to a third country where the members of the teams will exercise executive powers; regrets that the two status agreements concluded to date do not include specific measures for the operationalisation of human rights as part of border management, and also fail to clearly regulate accountability for potential human rights violations or ensure that material support and training to third countries is not given to perpetrators of human rights violations, and calls for any future status agreements to include such measures;
2020/12/14
Committee: AFET
Amendment 150 #

2020/2116(INI)

Motion for a resolution
Paragraph 15
15. Calls for the extension of the mandate of the Fundamental Rights Agency to allow it to exercise an advisory role in the external dimension of EU asylum and migration policies and its effective and independent involvement in monitoring exercises; calls for the development of relevant tools and guidelines by the Fundamental Rights Agency;
2020/12/14
Committee: AFET
Amendment 164 #

2020/2116(INI)

Motion for a resolution
Paragraph 16
16. Notes with concern the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management, including return and readmission; stresses, howeverunderlines that the use of development aid to promote the EU’s own objectives and goals in partner countries may contradict the rules and definition of Official Development Aid as defined by the OECD DAC as well as the Development Aid Effectiveness Principles; stresses, in that regard, that according to Article 208 TFEU the primary objective of Union development cooperation policy shall be the reduction and, in the long term, the eradication of poverty; calls, therefore, on the Commission to ensure that policies on development cooperation do not contravene the principles enshrined in Article 208 TFEU; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action on the needs of people in developing countries, the rights of refugees and migrants, and their potential impact on regional migration patterns and contribution to local economies, and thus also undermines a wide range of rights stemming from the Sustainable Development Goals;
2020/12/14
Committee: AFET
Amendment 165 #

2020/2116(INI)

Motion for a resolution
Paragraph 16
16. Notes with concern the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management, including return and readmission; stresses, however, that according to Article 208 TFEU the primary objective of Union development cooperation policy shall be the reduction and, in the long term, the eradication of poverty; calls, therefore, on the Commission to ensure that policies on development cooperation do not contravene the principles enshrined in Article 208 TFEU; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action on the needs of people in developing countries, the rights of refugees and migrants, and their potential impact on regional migration patterns and contribution to local economies, and thus also undermines a wide range of rights stemming from the Sustainable Development Goals; stresses that visa issuing and development programmes should not be subject to cooperation on readmissions; stresses that cooperation and development budget should not be used for the purpose of border management and/or migration control;
2020/12/14
Committee: AFET
Amendment 179 #

2020/2116(INI)

Motion for a resolution
Paragraph 17
17. Notes that a complete, public overview of EU funding to third countries to facilitate cooperation on migration issues remains unavailable; calls on the Commission to provide improved transparency, including by establishing a clear overview of the funds used to finance cooperation with third countries in the field of migration management across all its financial instruments and their implementation, including information on the amount, purpose and source of funding as well as detailed information on any other potential support measures provided by EU agencies such as the European Border and Coast Guard Agency, in order to ensure that Parliament can efficiently perform its institutional role of scrutiny of the implementation of the EU budget; stresses to suspend any kind of budgetary support and training to the border authorities of third countries which, in this way, proceed with push backs by proxy in violation of the principle of non- refoulement (for example Libya, Tunisia, Morocco) and of Art.13 of the Universal Declaration of Human Rights;
2020/12/14
Committee: AFET
Amendment 189 #

2020/2116(INI)

Motion for a resolution
Paragraph 18
18. Stresses the importance of allocating a substantial share of future EU funding in the field of migration to civil society and community based groups in third countries for providing assistance and for the protection and monitoring of the rights of migrants, supporting forcibly displaced persons and their host communities, reaping the benefits of well- managed and orderly migration, and of ensuring that a significant part of EU funding is earmarked for the improvement of human rights, international protection, and the future perspective of refugeesolutions for refugees and migrants;
2020/12/14
Committee: AFET
Amendment 199 #

2020/2116(INI)

Motion for a resolution
Paragraph 19
19. Notes that the possibilities of 19. mainstreaming migration policy in EU external policy are significantly broadened by the inclusion of migration in the thematic, geographicalto address migration through the geographic, thematic, and rapid response component ofactions pillar in the proposed Neighbourhood, Development, International Cooperation Instrument (NDICI); notes with concern, however, that through the ‘rapid response’ component, cooperation with third countries on migration management can be funded without the need for the Commission to publish any programming documents or consult civil society actors, and without the involvement of Parliament, including in the framework of the ‘Mstresses that the human rights based approach is applicable to all pillars of the NDICI, including crisis response in the rapid response pillar; notes that migration Preparedness and Crisis Blueprint’, which lacks mechanisms to assess the possible adverse impact of such interventions; insists in this regard on the need to ensure that the 2021-2027 Multiannual Financial Framework is accompanied by a robust human rights framework for lated actions in crisis situations through the ‘rapid response actions pillar’ should address, in particular, needs related to forced displacement including supporting host communities, in accordance withe identification, implementation and monternational humanitoaring of future migration cooperation programman law and principles;
2020/12/14
Committee: AFET
Amendment 200 #

2020/2116(INI)

Motion for a resolution
Paragraph 19
19. Notes that the possibilities of mainstreaming migration policy in EU external policy are significantly broadened by the inclusion of migration in the thematic, geographical and rapid response component of the proposed Neighbourhood, Development, International Cooperation Instrument (NDICI); notes with concern, however, that through the ‘rapid response’ component, cooperation with third countries on migration management can be funded without the need for the Commission to publish any programming documents or consult civil society actors, and without the involvement of Parliament, including in the framework of the ‘Migration Preparedness and Crisis Blueprint’, which lacks mechanisms to assess the possible adverse impact of such interventions; insists in this regard on the need to ensure that the 2021- 2027 Multiannual Financial Framework is accompanied by a robust human rights framework for the identification, implementation and monitoring of future migration cooperation programmes, as to link the EU financial disbursement to human rights obligations;
2020/12/14
Committee: AFET
Amendment 204 #

2020/2116(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Commission to regularly and publicly report to Parliament on the funding of migration-related cooperation programmes in third countries, the ways in which such funding has been used by partner countries and their human rights impact, including within the framework of the working group on external financial instruments of the Committee on Foreign Affairs;
2020/12/14
Committee: AFET
Amendment 205 #

2020/2116(INI)

Motion for a resolution
Paragraph 21
21. Believes that Parliament must make full use of its powers of implementation, scrutiny and budgetary control and auditing procedures before the European Court of Auditors and ensure that EU funding decisions and related allocations comply with the Union’s principles of legality and sound financial management;
2020/12/14
Committee: AFET
Amendment 213 #

2020/2116(INI)

Motion for a resolution
Paragraph 22
22. Recalls the commitment of the EU and its Member States under the Global Compact on Refugees to share responsibility for the effective and comprehensive protection of refugees and ease the pressure on host countries; stresses in this regard that the EU and its Member States should increase resettlement pledges and step up to legal pathways and contribute to a more structural and substantial funding of the regioncommunities and countries hosting most refugees, and should not use financial means to shift responsibility for the protection of refugees to third countries; calls on the EU and its Member States for increasing resettlement allocations and for working to prevent forced refugee returns from hosting countries; reiterates the importance of fully implementing the 23 objectives of the Global Compact for Safe, Orderly and Regular Migration; believes that Parliament must ensure the proper scrutiny of the implementation of both Compacts by the EU;
2020/12/14
Committee: AFET
Amendment 217 #

2020/2116(INI)

Motion for a resolution
Paragraph 23
23. Calls for the EU and its Member 23. States to pursue a migration policy that fully reflects the human rights of migrants as enshrined in both international, EU, national and regional law; calls on the EEAS, the Commission and the Member States to engage with third countries on the rights of migrants as an integral dimension of the EU’s human rights policy; insists that the human rights and migration nexus be adequately covered within the framework of bilateral EU human rights dialogues with the relevant countries; calls on the EU Delegations in those countries to monitor closely the rights of immigrants, particularly in countries of transit and other potentially vulnerable groups such as internally displaced persons, as well as social conditions, access to basic services and human security concerns in emigration countries; insists on the proactive engagement of the EU in countries where human rights defenders and civil society and community-based organisations, including those who are protecting the lives of migrants and asylum seekers who are at risk, be it in- or outside the EU, are under threat or are being criminalised for their legitimate work;
2020/12/14
Committee: AFET
Amendment 223 #

2020/2116(INI)

Motion for a resolution
Paragraph 24
24. Calls for the EU to carry out a global campaign to support universal ratification of the Geneva Convention relating to the Status of Refugees and its 1967 protocol; urges Member States to lead by example by adhering to the UN Convention on the Rights of Migrant Workers, as one of the core UN human rights conventions;
2020/12/14
Committee: AFET
Amendment 224 #

2020/2116(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Calls for the EU to work together with concerned countries to identify and implement mitigation and adaptation solutions for communities at risk of being uprooted by the global climate crisis, and to promote multilateral cooperation on durable solutions for those who are eventually displaced;
2020/12/14
Committee: AFET
Amendment 12 #

2020/2111(INI)

Motion for a resolution
Citation 5 a (new)
— having regard the Commission guidelines to protect critical European assets and technology in current crisis of 25 March 2020;
2020/10/01
Committee: AFET
Amendment 20 #

2020/2111(INI)

Motion for a resolution
Citation 9 a (new)
— having regard to its resolution of 11 December 2018 with recommendations to the Commission on Humanitarian Visas (2018/2271 (INL));
2020/10/01
Committee: AFET
Amendment 21 #

2020/2111(INI)

Motion for a resolution
Citation 10 a (new)
— having regard to the European Council, ‘Conclusions of the President of the European Council following the video conference of the members of the European Council’, 23 April 2020,
2020/10/01
Committee: AFET
Amendment 22 #

2020/2111(INI)

Motion for a resolution
Citation 10 b (new)
— having regard to the Council of Europe Convention of 2011 on preventing and combating violence against women and domestic violence (Istanbul Convention);
2020/10/01
Committee: AFET
Amendment 23 #

2020/2111(INI)

Motion for a resolution
Citation 11 a (new)
— having regard to the EU guidelines of 8 December 2008 on violence against women and girls and combating all forms of discrimination against them,
2020/10/01
Committee: AFET
Amendment 24 #

2020/2111(INI)

Motion for a resolution
Citation 11 b (new)
— having regard to the Venice Commission Code of Good Practice in Electoral Matters;
2020/10/01
Committee: AFET
Amendment 57 #

2020/2111(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the global economic decline has had a particularly severe impact on the most vulnerable economies, which rely heavily on commodity exports, external support, tourism and in a longer consequence on foreign policies;
2020/10/01
Committee: AFET
Amendment 64 #

2020/2111(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas the crisis has shown the importance of boosting investment in public services and particularly in health care and social protection, especially the need fora higher degree of self-sufficiency in crucial healthcare and protective equipment; whereas the COVID-19 outbreak has exacerbated the persistent problem of medicine shortages globally, with acute consequences in developing countries;
2020/10/01
Committee: AFET
Amendment 68 #

2020/2111(INI)

Motion for a resolution
Recital B c (new)
Bc. whereas women around the world in violent relationships were forced to be at home, exposed to their abuser for longer periods of time; while domestic violence helplines and shelters across the world are reporting rising calls for help, in a number of countries, domestic violence reports and emergency calls have surged upwards of 25% since social distancing measures were enacted;;
2020/10/01
Committee: AFET
Amendment 71 #

2020/2111(INI)

Motion for a resolution
Recital B d (new)
Bd. whereas narratives stressing geography rather than medical terminology to refer to COVID-19 are stigmatizing, and encourage racist or xenophobic attitudes, including against persons and groups who are forcibly displaced and state less who may be at greater risk during the pandemic;
2020/10/01
Committee: AFET
Amendment 76 #

2020/2111(INI)

Motion for a resolution
Paragraph 1
1. Affirms that the global outbreak of the COVID-19 pandemic is a game changer in the international environment and a catalyst of change in the global order; stresses the fundamental importance of strengthening the EU internal resilience for an effective global projection of its multilateralist vision, in line with its values and long-term objectives as enshrined in its Global Strategy;
2020/10/01
Committee: AFET
Amendment 82 #

2020/2111(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Calls on the third countries and the EU Member States to mitigate the social effects of the pandemic by revising their national social spending, and to adopt expansionary measures to protect and strengthen their healthcare systems;
2020/10/01
Committee: AFET
Amendment 103 #

2020/2111(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Is concerned about rallies protesting against coronavirus restrictions which are taking place in various cities around the world with demonstrators calling the virus a hoax (for example: Melbourne, London, Vancouver, Buenos Aires etc.), as well as, in some cities within the EU; Calls on the local authorities from third countries to launch a proper information and prevention campaign educating its citizens on COVID-19;
2020/10/01
Committee: AFET
Amendment 109 #

2020/2111(INI)

Motion for a resolution
Paragraph 2 b (new)
2b. Is concerned about the growing number of domestic violence against women cases during the pandemic; calls on the remaining CoE countries to ratify the Istanbul Convention and incorporate its provisions in the domestic law systems as soon as possible, in order to prevent further increase of cases;
2020/10/01
Committee: AFET
Amendment 110 #

2020/2111(INI)

Motion for a resolution
Paragraph 2 c (new)
2c. Condemns the abuse by many authoritarian regimes of the measures introduced to fight the COVID-19 in order to consolidate power, further undermine human rights, crack down on opposition and civil society, incite hatred campaigns against minority groups, introduce further measures to curtain their citizens´ rights and freedoms and seek geopolitical advantage abroad;
2020/10/01
Committee: AFET
Amendment 118 #

2020/2111(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Highlights the core aims of the EU, among others, human rights promotion and environmental protection; Calls on the Commission to ensure that the consequences of the COVID-19 do not undermine the implementation of commitments on human rights, environment and climate change already established in the EU Action Plan on Human Rights and Democracy 2020- 2024;
2020/10/01
Committee: AFET
Amendment 123 #

2020/2111(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Regrets the fact that consequences of the outbreak of the COVID-19 pandemic disproportionately affect the poorest and persons in the most disadvantaged, marginalised and unprotected social categories, including persons with physical and intellectual disabilities and persons with chronic medical conditions, who already have limited or no access to basic hygiene and treatment for their healthcare needs, and have become even more vulnerable due to the pandemic; whereas the lockdown has had a particularly severe impact on persons with physical and intellectual disabilities; Calls on the third country authorities to ensure sufficient social help to the most venerable;
2020/10/01
Committee: AFET
Amendment 127 #

2020/2111(INI)

Motion for a resolution
Paragraph 3 c (new)
3c. Acknowledges the situation of minorities due to the outbreak of the COVID-19 pandemic long-standing systemic health and social inequities have put many people from racial and ethnic minority groups at increased risk of getting sick and dying from COVID-19;
2020/10/01
Committee: AFET
Amendment 129 #

2020/2111(INI)

Motion for a resolution
Paragraph 3 d (new)
3d. Condemns all forms of exclusion and discrimination against those infected with COVID-19;
2020/10/01
Committee: AFET
Amendment 130 #

2020/2111(INI)

Motion for a resolution
Paragraph 3 e (new)
3e. Notes that refugees and displaced persons are more vulnerable to the consequences of the crisis, as they are often faced with more precarious living conditions and tend to face greater obstacles in accessing basic health services than local populations; calls, therefore, on authorities of third countries and EU countries to enhance health care access and provide targeted support to refugees and displaced populations, in particular women and children;
2020/10/01
Committee: AFET
Amendment 147 #

2020/2111(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Acknowledges that the pandemic negatively affected global trade mostly by delays in production, as well as the collapse of air traffic - calls on the Member States to uphold the most vital supply channels for the Union as well as to seek for a new perception of supply chains and critical goods;
2020/10/01
Committee: AFET
Amendment 176 #

2020/2111(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Condemns the introduction, with the excuse of COVID-19, of travel restrictions from the EU Schengen area to the United States without previous consultations with the EU; considers this to be another unfriendly gesture of the Trump administration undermining the trans-Atlantic cooperation.
2020/10/01
Committee: AFET
Amendment 179 #

2020/2111(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Encourages the authorities to incorporate good practices from the Venice Commission Code of Good Practice in Electoral Matters, which also contains the guidelines for organising the elections during the pandemic period;
2020/10/01
Committee: AFET
Amendment 196 #

2020/2111(INI)

Motion for a resolution
Paragraph 6
6. Is worried aboutCondemns the decision of the US to withdraw funding from the World Health Organization (WHO) and the general tendency of its President to withdraw the US from the multilateral organisations that were created to establish a rules-based world order;
2020/10/01
Committee: AFET
Amendment 198 #

2020/2111(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Notes the catastrophic mismanagement of the pandemic by the Trump administration that led to over 250,000 deaths in the United States; notes that this compounds other problems, such as growing unemployment rate, contraction of GDP by 9.5 % and racial- based protests around the country; calls on the authorities to handle the situation in a non-discriminatory way and refrain from using military forces against protestors;
2020/10/01
Committee: AFET
Amendment 225 #

2020/2111(INI)

Motion for a resolution
Paragraph 8
8. Notes the strengthening of the People’s Republic of China’s worldwide diplomatic efforts following the COVID- 19 outbreak, seeking to position itself as the dominant global player; is therefore concerned about the possible shift of power in the global politics related to change of China’s leadership;
2020/10/01
Committee: AFET
Amendment 236 #

2020/2111(INI)

Motion for a resolution
Paragraph 9
9. Recognises the emergency contributions provided by China to fight the virus; also recognises,condemns however, a clearly hostile geopolitical and geo-economic dimension, bolstered by ‘virus and wolf warrior diplomacy’ and the politicisation of humanitarian assistance; condemns the attempts by China to use this "virus diplomacy" against the EU and to plan a "divide and rule" strategy amongst member states to harm the Union;
2020/10/01
Committee: AFET
Amendment 251 #

2020/2111(INI)

Motion for a resolution
Paragraph 10
10. Is concerned about the lack of transparency related to the Chinese reaction to the global outbreak, involving the withholding of information, its poor communication with the World Health Organisation censorship, the suppression of whistle-blowers and human rights activists, and the projection of power in the region;
2020/10/01
Committee: AFET
Amendment 252 #

2020/2111(INI)

Motion for a resolution
Paragraph 10
10. Is concerned about the lack of transparency related to the Chinese reaction to the global outbreak, involving the withholding of information, censorship, the suppressionthreatening, persecution and forced disappearance of whistle-blowers and human rights activists, and the projection of power in the region;
2020/10/01
Committee: AFET
Amendment 258 #

2020/2111(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Is concerned about the disinformation campaigns launched by Chinese officials in March 2020 campaigns diverting attention from China in relation with COVID-19; therefore welcomes the Commission guidelines on the screening of foreign direct investment;
2020/10/01
Committee: AFET
Amendment 281 #

2020/2111(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Strongly condemns the systemic violations of human rights against ethnic and religious minorities in China, notably in the Xinjiang Uyghur Autonomous Region where Uyghurs are victims of mass arbitrary detention, mass sterilization, religious and cultural persecution and forced labour; urges member states to systematically denounce this situation in their relation with Chinese authorities and the Council to urgently adopt targeted sanctions against the responsables of these crimes;
2020/10/01
Committee: AFET
Amendment 289 #

2020/2111(INI)

Motion for a resolution
Paragraph 13
13. Calls on the VP/HR to recognise these concerns and simultaneously create an atmosphere of dialogue, engagement and genuine cooperation, based on a new,condemn these crimes and to develop a more assertive strategy towards China in which the EU pushes back when necessary to defend European values; is of the view that, as part of this new strategy, the EU should seek closer collaboration with countries in the region and other democracies;
2020/10/01
Committee: AFET
Amendment 291 #

2020/2111(INI)

Motion for a resolution
Paragraph 13
13. Calls on the VP/HR to recognise these concerns and simultaneously create an atmosphere of dialogue, engagement and genuine cooperation, (especially regarding the medical supply chains) based on a new, more assertive strategy in which the EU pushes back when necessary to defend European values; is of the view that, as part of this new strategy, the EU should seek closer collaboration with countries in the region and other democracies;
2020/10/01
Committee: AFET
Amendment 315 #

2020/2111(INI)

Motion for a resolution
Paragraph 14
14. Expresses concern over the structural attempts of the Russian Federation to undermine EU unity by the intensification of disinformation campaigns; and European democracies by means of disinformation campaigns and interference in national and EU electoral processes;
2020/10/01
Committee: AFET
Amendment 326 #

2020/2111(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Is concerned about the Constitutional Referendum which took place in Russia allowing Putin to stay in power until 2036 and possible manipulations during the voting due to COVID-19 measures;
2020/10/01
Committee: AFET
Amendment 332 #
2020/10/01
Committee: AFET
Amendment 333 #

2020/2111(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Is concerned about the latest political situation in Belarus which has an indirect connection with COVID-19 pandemic; Condemns Alexander Lukashenko narrative that has only worsen the pandemic situation in the country by dismiss missing the threat of COVID-19; Calls on the authorities to recognise the virus as a global threat to public health and therefore launch a proper plan to prevent the spread of the virus among the country and to strengthen the healthcare system and provide Belarusian citizens with all relevant and life-saving information about the pandemic in a transparent and inclusive manner;
2020/10/01
Committee: AFET
Amendment 334 #

2020/2111(INI)

Motion for a resolution
Paragraph 14 c (new)
14c. Encourages Member States to facilitate and accelerate the establishment of a humanitarian corridor and procedure for obtaining visas for those who flee Belarus for political reasons or require medical treatment due to incurred violence and COVID-19 pandemic;
2020/10/01
Committee: AFET
Amendment 335 #

2020/2111(INI)

Motion for a resolution
Paragraph 14 d (new)
14d. Welcomes the EU fast reaction and response to the urgent needs of countries in the Eastern Partnership during the COVID-19pandemic mobilising an ambitious support package totalling over 980 million EUR to help tackle the immediate health needs; Reiterates, that a tailor-made COVID-19 response package for Belarus worth over 60mln EUR is being mobilised; nonetheless, calls on the Commission to mobilise even greater resources to support civil society and victims of repression in Belarus.
2020/10/01
Committee: AFET
Amendment 336 #
2020/10/01
Committee: AFET
Amendment 337 #

2020/2111(INI)

Motion for a resolution
Paragraph 14 e (new)
14e. Calls on the President Jair Bolsonaro, to stop the fake narrative about the virus and admit its treat to the public health;
2020/10/01
Committee: AFET
Amendment 338 #
2020/10/01
Committee: AFET
Amendment 339 #

2020/2111(INI)

Motion for a resolution
Paragraph 14 f (new)
14f. Stresses how the pandemic is severely impacting the fragile economies of countries in the Middle East, possibly triggering more instability in an already volatile region; calls for continued EU’s support and funding to improve access to healthcare and alleviate the effects of the pandemic, particularly on vulnerable populations and refugees;
2020/10/01
Committee: AFET
Amendment 340 #
2020/10/01
Committee: AFET
Amendment 341 #

2020/2111(INI)

Motion for a resolution
Paragraph 14 g (new)
14g. Condemns the Egyptian authorities for abusing the restrictions introduced to fight COVID-19 only to widen their crackdown on opposition, civil society and human rights defenders and further increase control over the population.
2020/10/01
Committee: AFET
Amendment 344 #

2020/2111(INI)

Motion for a resolution
Paragraph 15
15. Recognises the global security, socio-economic and political risks that could be caused by the consequences of the COVID-19 pandemic, and is worried about the fact that the EU’s main international counterparts were prepared to use the crisis to unravel the rules-based world order underpinned by multilateral organisations; Underlines that the disinformation conducted by some foreign countries are aimed at undermining the trust to the processes within the EU; Highlights the importance of the flagship project of the European External Action Service’s East StratCom Task Force - EU vs. Disinfo in the fight with disinformation, propaganda and foreign influence on our geopolitical scene; Calls on the appropriate funding for this body during and after the pandemic.
2020/10/01
Committee: AFET
Amendment 362 #

2020/2111(INI)

Motion for a resolution
Paragraph 16
16. Stresses that the multilateral rules- based world order is vital for global peace, the rule of law and democracy; believes that a geopolitical EU must play a firmer role in defending it and seek ways to de- escalate tensions between powers; Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) to draft the “EU road map on multilateralism” which will be a comprehensive plan for the Union to maintain multilateral relations;
2020/10/01
Committee: AFET
Amendment 415 #

2020/2111(INI)

Motion for a resolution
Paragraph 19
19. Underlines the important role of the armed forces during the COVID-19 pandemic and bwelcomes military assistance to civil support operations, notably for the deployment of field hospitals, patient transport, equipment delivery and distribution; Believes that a more in-depth joint operation and coordination of member states’ armed forces within existing frameworks - such as the European Medical Command - or within new frameworks - such as military hospital trains - could lead to greater efficiency and contribute to the EU’s preparedness to fight pandemics; recencourages the setting up of European mechanisms aimed at facilitating the cross-border use of military lognises the need to review the EU’s security and defence strategies to developtical capabilities to face such emergencies, in order to allow for greater coordination, synergy, solidarity and support; supports the EU’s security and defence new initiatives, aiming inter alia at developing the Union’s strategic autonomy, to become better prepared and more resilient to the new and hybrid threats and technologies that have made the nature of warfare less conventional and challenge the traditional role of the military, as well as for a future in which Russia and China and other players, are becoming more assertive; stresses that the future Strategic Compass on security and defence which will present a joint threat assessment should reflect these developments and take account of the broader potential geopolitical implications of COVID-19; believes that, given the new political balance and a potential worsening of the int the budget allocated to EU defence initiatives, notably military mobility, which focus on increasing interoperability would be of great added value in case of future crisis, and the European Defence Fund must meet the EU ambition in the defence area; stresses the need to increase the EU CBRN preparedness ; commands the continuity of the CSDP missions and opernational security environment following COVID-19, the EU defence budgets must not be cus despite the very challenging environment ; suggests to assess the budget, planning and equipment of EU CSDP missions and operations in the light of the COVID-19 lessons learnt;
2020/10/01
Committee: AFET
Amendment 440 #

2020/2111(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Underlines that closer cooperation in preventing and countering cyberattacks is also essential in these particularly vulnerable times; calls for strong coordination with and support from the European Union Agency for Cybersecurity (ENISA) in this respect;
2020/10/01
Committee: AFET
Amendment 452 #

2020/2111(INI)

Motion for a resolution
Paragraph 20
20. Calls for the expansion and modernisation of EU strategic communication strategies, based on the promotion of facts about the EU responses and scientific evidence, so that EU action is sufficiently visible both within and beyond the EU; urges the European External Action Service (EEAS) to further strengthen its capacities to proactively counter disinformation, including the creation of a dedicated far- East Strat Com Task Force focused on the disinformation emanating from China, and imposing costs on countries that deliberately spread disinformation to divide and harm the EU and its Member States;
2020/10/01
Committee: AFET
Amendment 459 #

2020/2111(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Calls on the EU to support civil society actors and human rights defenders in 3rd countries; Calls on the Commission to come up with a new legislative proposal on Humanitarian Visas; According to its resolution of 11 December 2018 with recommendations to the Commission on Humanitarian Visas it was supposed to be delivered by the end of March 2019;
2020/10/01
Committee: AFET
Amendment 464 #

2020/2111(INI)

Motion for a resolution
Paragraph 21
21. Stresses that its biggest global consumer market of almost 500 million people gives the EU leverage on the world stage, and believes that a geopolitical Commission should use this leverage, including through its trade policy, when other countries are not prepared to complying with the rule of law or international treatieshuman rights and environmental treaties; Insists therefore on the necessity to adopt an EU mandatory due diligence legislation in order for the Union to promote fundamental rights through the activity of its companies abroad and to achieve its ambition of global standards setter;
2020/10/01
Committee: AFET
Amendment 581 #

2020/2111(INI)

Motion for a resolution
Paragraph 27
27. Is of the opinion that the COVID- 19 crisis has highlighted certain weaknesses of our Union and has shown the urgent need for an effective and efficient Union; believes that the Conference on the Future of Europe will provide a good platform to move forward in constructing more efficient decision making in EU external policies; is therefore determined to start the Conference as soon as possible; Welcomes therefore the President Charles Michel conclusion that ‘it is of utmost importance to increase the strategic autonomy of the Union’;
2020/10/01
Committee: AFET
Amendment 7 #

2020/2088(INI)

Motion for a resolution
Citation 14 a (new)
- having regard to its resolution of 13 February 2019 on the state of the debate on the future of Europe,
2020/07/20
Committee: AFCO
Amendment 8 #

2020/2088(INI)

Motion for a resolution
Citation 16 a (new)
- having regard to its decision of 18 June 2020 on setting up a special committee on foreign interference in all democratic processes in the European Union, including disinformation, and defining its responsibilities, numerical strength and term of office;
2020/07/20
Committee: AFCO
Amendment 16 #

2020/2088(INI)

Motion for a resolution
Recital A
A. whereas the 2019 European elections registered the highest turnout of the any elections to the European Parliament in the last 20 years, with 50.2 %, ( an increase of eight percentage points compared to 2014), sending a positive signal that European citizens believe that many of their concerns can be addressed at EU level; whereas the 2019 turnout still remains low and more needs to be done to increase participation in EU elections;
2020/07/20
Committee: AFCO
Amendment 18 #

2020/2088(INI)

Motion for a resolution
Recital A a (new)
A a. whereas results of the Eurobarometer survey commissioned by the European Parliament after the European elections shows that the state of the economy and the environment were the two main priorities for voters which clearly indicates that citizens who take part in European elections wish to have more action at the European level in these two policy fields of shared competence between the EU and the national level;
2020/07/20
Committee: AFCO
Amendment 21 #

2020/2088(INI)

Motion for a resolution
Recital B a (new)
B a. whereas the relentless engagement of civil society played a crucial role for a pro-European discourse ahead of the European elections;
2020/07/20
Committee: AFCO
Amendment 38 #

2020/2088(INI)

Motion for a resolution
Recital E
E. whereas gender equality among Members of the European Parliament has improved (41 % women in 2019, up from 37 % in 2014); whereas Ursula von der Leyen is the first female President of the European Commission and her Commission has historically the largest share of female Commissioners, with 12 women Commissioners;
2020/07/20
Committee: AFCO
Amendment 47 #

2020/2088(INI)

Motion for a resolution
Recital F
F. whereas 15 Member States still restrict voting rights for people with disabilities, thus preventing the meaningful participation and representation of these citizens in democratic processes; whereas, due to national rules, an estimated 800 000 EU citizens were not able to exercise their right to vote in the last European elections because of their disabilities or mental health problems;1a _________________ 1aEuropean Economic and Social Committee's information report of 20 March 2019 on 'The real right of persons with disabilities to vote in European Parliament elections'
2020/07/20
Committee: AFCO
Amendment 85 #

2020/2088(INI)

L a. whereas the fact that only 8% of EU voters said to have voted in the last elections in order to influence the choice of the next President of the European Commission1a underlines that the process of the selection of the President of the European Commission needs to urgently be clarified and be made more transparent to the voters; _________________ 1a Eurobarometer 91.5, September 2019
2020/07/20
Committee: AFCO
Amendment 103 #

2020/2088(INI)

Motion for a resolution
Recital O
O. whereas democratic processes at both Member State and EU levels have been targeted by foreign powers sometimes in connection with internal actors in order to influence the outcome of elections and weaken the Union; whereas the mechanisms put in place by the European institutions, such as the Code of Practice against Disinformation and the Rapid Alert System for elections contributed to the mitigation of foreign interference during the election campaign;
2020/07/20
Committee: AFCO
Amendment 127 #

2020/2088(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the substantial increase of youth participation in the elections; reiterates its call on the Council and the Commission to take into account their concerns, which are critical for the lives of the next generations; however, expresses concern that only 42% of people aged 16/18 to 24 cast a ballot in the2019 European elections;1a recommends that Member States should consider ways to harmonise the minimum age of voters at 16, in order to further enhance the participation of young voters; reiterates its call on the Council and the Commission to take into account their concerns, which are critical for the lives of the next generations; expresses concern, however, that across the EU almost half of all eligible voters did not cast a vote; stresses that more actions need to be undertaken at a local, regional, national, and European level to incentivise voters to participate in European elections; _________________ 1a Eurobarometer 91.5, September 2019
2020/07/20
Committee: AFCO
Amendment 132 #

2020/2088(INI)

Motion for a resolution
Paragraph 3
3. Deplores the fact that the outcome of the elections did not lead to genuine gender balance in Parliament; recognizes that there are substantial differences between Member States, with some electing more than 50% of women and others which did not elect a single female Member of the European Parliament; calls on Member States and the institutions of the Union to take all necessary measures to promote the principle of equality between men and women throughout the whole electoral process; emphasises in this connection the importance of gender-balanced electoral lists; calls on the Commission, in cooperation with Parliament and other bodies such as the Venice Commission, to formulate recommendations to Member States with a view to increasing the representation of women in the European Parliament by, for example, encouraging national parties to present list of candidates with an equal number of male and female candidates;
2020/07/20
Committee: AFCO
Amendment 138 #

2020/2088(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Notes that, despite representing approximately 10% of the EU’s population, only 5% of Members of the European Parliament belong to ethnic minorities;1a stresses that more needs to be done at a national and European level in order to further increase the inclusion in electoral lists and election of ethnic minorities; _________________ 1a Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee of 19 June 2020 'Report on the 2019 elections to the European Parliament', COM(2020)252 final
2020/07/20
Committee: AFCO
Amendment 144 #

2020/2088(INI)

Motion for a resolution
Paragraph 4
4. Notes that similar recommendations could be made concerning the exercise of passive and active voting rights of citizens with disabilities; recalls with great concern that in several Member States an estimated 800 000 citizens with disabilities were not able to vote in 2019 because of unsuitable electoral material or infrastructure at polling stations; calls on Member States to guarantee that all those who have the right to vote, including EU citizens living outside their country of origin and prisoners who are granted such a right in accordance with national laws, are able to exercise this right;
2020/07/20
Committee: AFCO
Amendment 166 #

2020/2088(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the up-coming joint declaration of the three European institutions on the Conference on the Future of Europe, recalls the commitment by the Commission President to address the issue of transnational lists and the Spitzenkandidaten process as the priority institutional issues during the Conferenceduring the Conference, in accordance with the decisions taken by the Conference itself on the list of priorities to be addressed, and in order to be applicable at the next European election in 2024;
2020/07/20
Committee: AFCO
Amendment 175 #

2020/2088(INI)

Motion for a resolution
Paragraph 7
7. Stresses that the election of the Commission President depends on a majority of Parliament’s members, which de facto requires the formation of a coalition; recommends that the election procedure be reverprocess of selection and election of the President of the European Commission should be consolidated, in line with the Lisbon Treaty’s provisions and based son thate Parliament proposes and elects the’s requests to appoint as President of the Commission, after obtaining the consent of the European Council candidate that can be backed by a majority of Parliament’s members, which de facto requires the formation of a programmatic agreement;
2020/07/20
Committee: AFCO
Amendment 181 #

2020/2088(INI)

Motion for a resolution
Paragraph 8
8. ConsiderBelieves that the outcome of the European elections has reinforced the political dimension of the election of the European Commission, and therefore the need for more accurate and objective scrutinyEuropean Parliament's examination of the declaration of interests and hearings of the Commissioners-designate was a necessary exercise that increased the democratic accountability of the Commission in front of the Parliament; believes, however, that this process has highlighted the need for a technical and super partes evaluation of the declarations of interests of the Commissioners- designate; calls, to this end, for the creation of an independent body, endowed with the appropriate means, to have thise scrutiny included in its responsibilitiesof the declarations of interests of the Commissioners-designate included in its responsibilities; underlines, however, that the approval or rejection of each Commissioner-designate and of the College of Commissioners should ultimately be a political exercise firmly in the hands of the European Parliament;
2020/07/20
Committee: AFCO
Amendment 194 #

2020/2088(INI)

Motion for a resolution
Paragraph 9
9. Regrets that the attribution of portfolios in the Commission follows solely a logic where national interests take priority over the European common interest; recalls that Article 17(5) TEU provides for the limitation of the practice of having one Commissioner per Member State; calls on the Council to enact the Treaty provision under article 17(5) TEU;
2020/07/20
Committee: AFCO
Amendment 208 #

2020/2088(INI)

Motion for a resolution
Paragraph 11
11. Believes that granting European voters a second vote for transnational lists in a joint European constituency, drawn up by European political parties and movements, would contribute to elevate the European elections above purely national campaigns based on national interests, particularly if such lists were headed by the respective Spitzenkandidaten; calls on the Commission and Council, together with the Parliament and in line with the works of the Conference on the Future of Europe, to analyse the possibility of introducing a pan-European constituency for the elections of the European Parliament; stresses that the transnational lists should, if introduced, include rules that ensure gender equality and geographical balance;
2020/07/20
Committee: AFCO
Amendment 222 #

2020/2088(INI)

Motion for a resolution
Paragraph 13
13. Acknowledges that despite the fact that the agreed reform of the Electoral Law has not yet been ratified by some Member States, further improvements are required, such as provisions for remote voting operationsalternative voting methods, including in defined or exceptional circumstances, in order to incentivise voter turnout, as well as on the elections in the joint European constituency;
2020/07/20
Committee: AFCO
Amendment 233 #

2020/2088(INI)

Motion for a resolution
Paragraph 14
14. TExpresses deep concern about the fact that evidence of interferences and disinformation campaigns is continuously coming to light, often with indications of foreign influence, in the run-up to the 2019 European elections; takes note of the efforts by the Commission and other institutions to tackle foreign interference during the electoral campaign; points out, nevertheless, that the financial and human resources needed to counter these attacks on European democracy, including at national level, are many times superior to the combined designated European resources; urges the Commission and the Member States to raise significantly the financing they make available for the fight against foreign interference;
2020/07/20
Committee: AFCO
Amendment 242 #

2020/2088(INI)

Motion for a resolution
Paragraph 15
15. Urges the Commission and the Council to consider, in accordance with the work of Parliament’s Special Committee on Foreign interference and Disinformation, the urgent creation of a European organisation dedicated to the fight against foreign interference; encourages the Commission and the Council to work much more closely with Parliament on these matters, as the protection of our democratic institutions is a core competence of the European Parliamenttake all necessary measures to combat foreign interference effectively, and to implement the recommendations made by the European Parliament's special committee on foreign interference in all democratic processes in the European Union, including disinformation, as soon as its conclusions are delivered and before the next European elections;
2020/07/20
Committee: AFCO
Amendment 259 #

2020/2088(INI)

Motion for a resolution
Paragraph 18
18. Considers that the outcome of the European elections is a clear signal for an in-depth institutional reflection that will allow citizens, civil society and their representatives to shape the future of the Union; underlines that the outbreak of Covid-19 increased the urgency of an institutional reform process on the European level; calls, therefore, on all institutional partners to assume their responsibility and deliver an ambitious framework for the Conference on the Future of Europe, and to follow up on its conclusions in order to achieve significant and tangible changes in the policies and institutional architecture of the EU; considers that following the Covid-19 crisis the Conference on the Future of Europe will represent an opportunity for a deep reflection on the European recovery, notably on the need to readdress the European socio-economic model towards solidarity and cohesion;
2020/07/20
Committee: AFCO
Amendment 10 #

2020/2072(INL)

— having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the case law of the European Court of Human Rights, the conventions, recommendations, resolutions and reports of the Parliamentary Assembly, the Committee of Ministers, the Human Rights Commissioner, the European Commission Against Racism and Intolerance, the recently-formed Steering Committee on Anti-Discrimination, Diversity and Inclusion and the Venice Commission of the Council of Europe,
2020/07/27
Committee: LIBE
Amendment 50 #

2020/2072(INL)

Motion for a resolution
Citation 34 a (new)
- having regard to the European Economic and Social Committee Opinion of 19 June 2019 on "Further strengthening the Rule of Law within the Union. State of play and possible next steps" which proposed to create an annual Stakeholders' Forum on fundamental rights and the rule of law;
2020/07/27
Committee: LIBE
Amendment 51 #

2020/2072(INL)

Motion for a resolution
Citation 34 b (new)
- having regard to the conclusions of the Council of the European Union and the Member States meeting within the Council on ensuring respect for the rule of law of 16 December 2014;
2020/07/27
Committee: LIBE
Amendment 52 #

2020/2072(INL)

Motion for a resolution
Citation 34 c (new)
- having regard to the United Nations Declaration on Human Rights Defenders of 8 March 1999;
2020/07/27
Committee: LIBE
Amendment 54 #

2020/2072(INL)

Motion for a resolution
Recital A
A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 of the Treaty on European Union (TEU); whereas those values are values which are common to the Member States and to which all Member States have freely subscribed; whereas democracy, the rule of law and fundamental rights are mutually reinforcing principles;
2020/07/27
Committee: LIBE
Amendment 73 #

2020/2072(INL)

Motion for a resolution
Recital B b (new)
Bb. whereas vulnerable groups such as women, Roma and LGBTI persons continue not seeing their rights fully respected in some Member States, and are not fully protected from hate and discrimination, in disregard of Union values provided for in Article 2 TEU and the right to non-discrimination, provided for in Article 21 of the Charter of Fundamental Rights of the European Union;
2020/07/27
Committee: LIBE
Amendment 75 #

2020/2072(INL)

Motion for a resolution
Recital B c (new)
Bc. whereas, contrary to the jurisprudence of the Hungarian Constitutional Court and the European Court of Human Rights, the right of transgender and intersex persons to access legal gender recognition procedures in Hungary was terminated through legislative amendments to the national registry; whereas such amendments changed the previously mutable category of “sex” to the immutable category of “sex at birth”, in intentional contravention of national and European rule of law;
2020/07/27
Committee: LIBE
Amendment 76 #

2020/2072(INL)

Motion for a resolution
Recital B d (new)
Bd. whereas it is documented and confirmed by the Polish Commissioner for Human Rights that over 100 Polish municipalities and local authorities have declared themselves LGBTI-free zones or adopted so-called ‘Regional Charters of Family Rights’, which are discriminatory against LGBTI people; whereas the Polish Commissioner for Human Rights condemned such actions and filed nine complaints to administrative courts, arguing that LGBTI-free zones violate Union law; whereas the Commission sent a letter in May 2020 to five mayors of Polish cities who are recipients of Union cohesion funding underlining the responsibilities of regional managing authorities, that spending under cohesion funds must not discriminate on the basis of sexual orientation and that municipalities acting as employers must respect Council Directive 2000/78/EC1a, which prohibits discrimination and harassment on the ground of sexual orientation in employment; whereas lawsuits have been brought by local governments against three Polish LGBTI activists who created the so-called “Atlas of Hate”; _________________ 1aCouncil Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).
2020/07/27
Committee: LIBE
Amendment 77 #

2020/2072(INL)

Motion for a resolution
Recital C
C. whereas breaches of the values referred to in Article 2 TEU do not concern solely the individual Member State where the breaches materialise, but also have an impact on other Member States, weaken the cohesion of the European project, the fundamental rights of all Union citizens and mutual trust among the Member States;
2020/07/27
Committee: LIBE
Amendment 88 #

2020/2072(INL)

Motion for a resolution
Recital E
E. whereas a regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States, once adopted, would become an indispensable tool in safeguarding the rule of law within the Union, if the voting procedure is designed in such a way that this instrument can be used effectively and cannot be blocked by a minority in the Council;
2020/07/27
Committee: LIBE
Amendment 97 #

2020/2072(INL)

Motion for a resolution
Recital F
F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and local authorities as well as national associations which are responsible for the support of the judiciaries in the independent delivery of justice;
2020/07/27
Committee: LIBE
Amendment 105 #

2020/2072(INL)

Motion for a resolution
Recital F a (new)
Fa. whereas institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society at all levels;
2020/07/27
Committee: LIBE
Amendment 126 #

2020/2072(INL)

Motion for a resolution
Paragraph 2
2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s legal order, the protection of fundamental rights of all its citizens, the functioning of its single market, the effectiveness of its common policies and its international credibility;
2020/07/27
Committee: LIBE
Amendment 127 #

2020/2072(INL)

Motion for a resolution
Paragraph 2
2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s legal order, the functioning of its single market, the effectiveness of its common policies, the protection of its citizen’s fundamental rights and its international credibility;
2020/07/27
Committee: LIBE
Amendment 138 #

2020/2072(INL)

3. recognises that the Union remains structurally ill-equipped to tackle democratic and, rule of law and fundamental rights violations and backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that field;
2020/07/27
Committee: LIBE
Amendment 139 #

2020/2072(INL)

Motion for a resolution
Paragraph 3
3. recognises that the Union remains structurally ill-equipped to tackle democratic, fundamental rights and rule of law backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that field;
2020/07/27
Committee: LIBE
Amendment 148 #

2020/2072(INL)

Motion for a resolution
Paragraph 4
4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; underlines with concern that vulnerable groups, including women, Roma and LGBTI persons, continue not seeing their rights fully respected in some Member States and are not fully protected from hate and discrimination, in disregard of Union values as provided for in Article 2 TEU; reiterates the need for a comprehensive monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of Union values becomes a permanent and visible part of the Union agenda;
2020/07/27
Committee: LIBE
Amendment 153 #

2020/2072(INL)

4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; reiterates the need for a comprehensive monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of all Union values becomes a permanent and visible part of the Union agenda;
2020/07/27
Committee: LIBE
Amendment 171 #

2020/2072(INL)

Motion for a resolution
Paragraph 6
6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures, including financial measures;
2020/07/27
Committee: LIBE
Amendment 182 #

2020/2072(INL)

Motion for a resolution
Paragraph 7
7. points out that the Mechanism should consolidate and supersede existing instruments, in particular the Annual Rule of Law Report, the Commission’s Rule of Law Framework, the Council’s Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM), while increasing complementarity and coherence with other available tools, including infringement procedures under Article 258 TFEU, the procedure under Article 7 TEU, budgetary conditionality once in force, and the European Semester; is of the opinion that the Annual Monitoring Cycle can fulfil the objectives of the CVM for Bulgaria and Romania, thus contributing to equal treatment of all Member States; considers that the three institutions should use the findings from the Annual Monitoring Cycle in their assessment for the purposes of triggering Article 7 TEU and Regulation (EU) 2020/xxxx of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States11 ; _________________ 11[instead of xxxx insert final number of 2018/136(COD) in the text and correct OJ reference in footnote] OJ C ..., ....., p. ....
2020/07/27
Committee: LIBE
Amendment 188 #

2020/2072(INL)

Motion for a resolution
Paragraph 8
8. recalls the indispensable role played by civil society, national human rights institutions, human rights defenders, associations which are responsible for the support of the judiciary in the independent delivery of justice and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating and contributing to monitor implementation; points out that the accreditation status of national human rights institutions and theexistence, and, where they do exist, the formal and functional independence of national human rights institutions, as also reflected in their accreditation status, and the enabling space for civil society may themselves serve as indicators for assessment purposes; considers that national parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle;
2020/07/27
Committee: LIBE
Amendment 193 #

2020/2072(INL)

Motion for a resolution
Paragraph 8
8. recalls the indispensable role played by civil society, equality bodies and national human rights institutions and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating implementation; points out that the accreditation status of equality bodies, national human rights institutions and the space for civil society, as well as the protection provided to human rights defenders, may themselves serve as indicators for assessment purposes; considers that national parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle;
2020/07/27
Committee: LIBE
Amendment 201 #

2020/2072(INL)

Motion for a resolution
Paragraph 9
9. reaffirms the role of Parliament, in accordance with Article 7 TEU, in monitoring compliance with Union values; reiterates the call for Parliament to be present in Article 7 hearings when it is Parliament that initiated the procedurein accordance with the principle of mutual sincere cooperation as enshrined in Article 13(2) TEU; believes that the Mechanism, underpinned by an interinstitutional agreement, will provide the necessary framework for better coordination;
2020/07/27
Committee: LIBE
Amendment 214 #

2020/2072(INL)

Motion for a resolution
Paragraph 11
11. strongly believes that addressing the crisibreaches of Union values, including through the proposed Mechanism, is a precondition for re-establishing mutual trust among Member States, thus enabling the Union as a whole to sustain and further all common policies;
2020/07/27
Committee: LIBE
Amendment 217 #

2020/2072(INL)

Motion for a resolution
Paragraph 11 a (new)
11a. believes that it should be possible for candidate countries to be monitored by the Mechanism on a voluntary basis;
2020/07/27
Committee: LIBE
Amendment 230 #

2020/2072(INL)

Motion for a resolution
Annex I – paragraph 4 – point 5
(5) The three institutions agree that an Annual Monitoring Cycle on Union Values is necessary to reinforce the promotion and respect for Union values. The Annual Monitoring Cycle should be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States. The primary objective of the Annual Monitoring Cycle should be to prevent violations of and non- compliance with Union values and to identify positive actions by Member States and national actors including civil society and national human rights institutions to be promoted and supported by the Union, while providing a shared basis for other actions by the three institutions. The three institutions also agree to use this Interinstitutional Agreement to integrate existing instruments and initiatives relating to the promotion of and respect for Union values, in particular the Annual Rule of Law Report, the Council’s Annual Rule of Law Dialogue and the Commission’s Rule of Law Framework, in order to avoid duplication and strengthen overall effectiveness.
2020/07/27
Committee: LIBE
Amendment 234 #

2020/2072(INL)

Motion for a resolution
Annex I – paragraph 4 – point 6
(6) The Annual Monitoring Cycle should consist of a preparatory stage, the publication of an annual monitoring report on compliance with all Union values including country-specific recommendations, and a follow-up stage with an implementation and enforcement plan of the recommendations. The Annual Monitoring Cycle should be conducted in a spirit of transparency and openness.
2020/07/27
Committee: LIBE
Amendment 247 #

2020/2072(INL)

Motion for a resolution
Annex I – part 1 – point 1
1. The three institutions hereby agree to coordinate and cooperate with the aim of promoting and strengthening respect forpromote, strengthen and enforce respect for the founding Union values, in accordance with Article 2 TEU, by coordination and cooperation.
2020/07/27
Committee: LIBE
Amendment 250 #

2020/2072(INL)

Motion for a resolution
Annex I – part 2 – point 2
2. The three institutions agree to organise in sincere and mutual cooperation an Annual Monitoring Cycle on Union Values, covering issues and best practices in all areas of Union values. The Monitoring Cycle shall consist of a preparatory stage, the publication of an annual monitoring report on Union values (‘Annual Report’) including country specific reports and recommendations, and a follow- up stage.
2020/07/27
Committee: LIBE
Amendment 255 #

2020/2072(INL)

Motion for a resolution
Annex I – part 2 – point 3 – introductory part
3. The three institutions agree to establish a permanent Interinstitutional Working Group on Union Values (‘Working Group’). The Working Group shall facilitate coordination and cooperation among the three institutions in all stages of the Annual Monitoring Cycle. The Working Group shall invite the European Union Agency for Fundamental Rights to participate in its meetings. The Working Group shall also directly consult independent experts on a regular basis, civil society organisations and human rights defenders on a regular basis. The Working Group shall regularly make the reports on its work publicly available.
2020/07/27
Committee: LIBE
Amendment 257 #

2020/2072(INL)

Motion for a resolution
Annex I – part 2 – point 3 a (new)
3a. The Working Group shall upon nomination of the European Parliament and the Council appoint a Panel of Independent Experts as an additional independent instrument in the context of the identification of breaches and best practices for implementation of the Union values enshrined in Art. 2 TUE. The Panel of Independent Experts shall submit its findings in a timely manner to both the Working Group and the Commission.
2020/07/27
Committee: LIBE
Amendment 259 #

2020/2072(INL)

Motion for a resolution
Annex I – part 2 – point 4
4. On an annual basis, the Commission shall organise a targeted stakeholder consultation to collect information for the Annual Report. The stakeholder consultation shall take place in the first quarter of each year. The consultation shall be transparent and based on a clear and rigorous methodology agreed by the Working Group, following a comprehensive and transparent consultation with stakeholders and independent experts. The methodology shall, in any event, encompass in an appropriate form the benchmarks listed in the Annexes to Commission Decisions 2006/928/EC and 2006/929/EC.
2020/07/27
Committee: LIBE
Amendment 264 #

2020/2072(INL)

Motion for a resolution
Annex I – part 2 – point 5
5. The stakeholder consultation shall give an opportunity to civil society organisations, professional associations and networks, Council of Europe bodies, Union institutions, bodies, offices and agencies and the Member States, including national parliaments and local authorities, civil society organisations, professional associations and networks, Council of Europe bodies and United Nations bodies to contribute to the Annual Report. The Commission shall incorporate the information provided by stakeholders in the Annual Report. The Commission shall publish relevant contributions to the consultation on its website prior to the publication of the Annual Report, subject to the contributors' consent.
2020/07/27
Committee: LIBE
Amendment 269 #

2020/2072(INL)

Motion for a resolution
Annex I – part 2 – point 6
6. The Commission shall draw on all information at its disposal when preparing the Annual Report. Of particular relevance in that regard are reports and data from the European Union Agency for Fundamental Rights, the Council of Europe, including the Venice Commission, the European Commission Against Racism and Intolerance, the recently-formed Steering Committee on Anti-Discrimination, Diversity and Inclusion and the Group of States against Corruption, and other international organisations that produce relevant studies.
2020/07/27
Committee: LIBE
Amendment 274 #

2020/2072(INL)

Motion for a resolution
Annex I – part 2 – point 7
7. Designated representatives of any of the three institutions shall have the possibility to conduct a limited number of fact-finding visits to the Member States for the purpose of obtaining additional information and clarification about the state of Union values in the Member States concerned. The Commission shall incorporate the findings in the Annual Report.
2020/07/27
Committee: LIBE
Amendment 277 #

2020/2072(INL)

Motion for a resolution
Annex I – part 2 – point 8 – introductory part
8. The Commission shall regularly inform the Working Group of the progress made throughout the preparatory stage.
2020/07/27
Committee: LIBE
Amendment 280 #

2020/2072(INL)

Motion for a resolution
Annex I – part 2 – point 9
9. The Commission shall draft the Annual Report based on information gathered during the preparatory stage. The Commission shall issue a reasoned opinion if it decides not to fully incorporate the findings by the Panel of Experts into the Annual Report. The Annual Report should cover both positive and negative developments relating to Union values inenshrined in Article 2 TEU in each of the Member States. The Annual Report shall be impartial, based on objectively compiled evidence and respect equality of treatment between all Member States. The depth of reporting should reflect the gravity of the situation in question.
2020/07/27
Committee: LIBE
Amendment 290 #

2020/2072(INL)

Motion for a resolution
Annex I – part 2 – point 10
10. The Annual Report shall contain recommendations specific to each of the Member States with the aim of strengthening the promotion and protection of Union values. The recommendations shall specify concrete targets and timeframes for implementation. The recommendations shall take account of the diversity of Member States’ political and legal systems. Implementation of the recommendations shall be assessed in subsequent Annual Reports or urgent reports, as appropriate.
2020/07/27
Committee: LIBE
Amendment 293 #

2020/2072(INL)

Motion for a resolution
Annex I – part 2 – point 12
12. No later than two months from its publication date, the European Parliament and the Council shall discuss the content of the Annual Report. The discussions shall be made public. The Parliament and the Council shall adopt positions on the Annual Report by means of resolutions and conclusions. As part of the follow-up, the European Parliament and the Council shall assess and reflect on the extent to which previous recommendations have been implemented by the Member States. The three institutions shall make use of their respective powers under the Treaties with a view to contributing to an effective follow-up. The three institutions shall endeavour to promote debate on the Annual Report in the Member States, in particular in national parliaments.
2020/07/27
Committee: LIBE
Amendment 300 #

2020/2072(INL)

Motion for a resolution
Annex I – part 2 – point 13
13. On the basis of the findings of the Annual Report, the Commission may, either on its own initiative or upon request by the European Parliament or the Council, enter into a dialogue with one or several Member States, including national parliaments and local authorities, with the aim of facilitating implementation of the recommendations. The Commission shall regularly report on the progress of the dialogue to the European Parliament and the Council. The Commission may, at any time, provide technical assistance to the Member States through different activities. The European Parliament shall organise, in cooperation with national parliaments, an interparliamentary debate on the findings of the Annual Report.
2020/07/27
Committee: LIBE
Amendment 302 #

2020/2072(INL)

Motion for a resolution
Annex I – part 2 – point 13 a (new)
13a. The three institutions should consider the findings of the Annual Report when establishing funding priorities. In particular, the Commission shall include targeted support for national actors contributing to the promotion and protection of Union values, such as civil society organisations, when establishing relevant annual work programmes for the disbursement of Union funds under both shared or direct management.
2020/07/27
Committee: LIBE
Amendment 305 #

2020/2072(INL)

Motion for a resolution
Annex I – part 2 – point 14 – introductory part
14. Without prejudice to the powers of the Commission under Article 258 TFEU and the right of the European Parliament and the Commission and one third of the Member States to submit to the Council a reasoned proposal in accordance with Article 7(1) TEU, the three institutions agree that the Annual Reports should guide their actions concerning Union values.
2020/07/27
Committee: LIBE
Amendment 311 #

2020/2072(INL)

Motion for a resolution
Annex I – part 2 – point 15
15. Where the situation in one or several Member States portends imminent and serious damage to Union values, the European Parliament or the Council may exceptionallyCommission shall either upon its own initiative or at the request of the Commission toEuropean Parliament or the Council draft an urgent report on the situation. The Commission shall prepare the report in consultation with the Working Group. The Commission shall make the urgent report public no later than two months following a request by the European Parliament or the Council. The findings of the urgent report should be incorporated in the next Annual Report. The urgent report may specify recommendations aimed at addressing the imminent threat to Union values.
2020/07/27
Committee: LIBE
Amendment 318 #

2020/2072(INL)

Motion for a resolution
Annex I – part 3 – point 17
17. Where the Annual Report identifies systemic deficiencies with respect to one or several Union values, the three institutions commit to take appropriate action, without delay, within their respective powers as conferred on them by the Treaties. The three institutions mayshall consider, inter alia, whether Union policies requiring a high level of mutual trust can be sustained in light of systemic deficiencies identified in the Annual Report.
2020/07/27
Committee: LIBE
Amendment 320 #

2020/2072(INL)

Motion for a resolution
Annex I – part 3 – point 19
19. The three institutions agree to use the findings of the Annual Report in their assessment of whether there is a clear risk of a serious breach or existence of a serious and persistent breach by a Member State of Union values under Article 7 TEU. If the Annual Report identifies a risk of a serious breach or a serious breach of Union values in a Member State, the Commission shall activate the instruments at its disposal, including financial measures, to enforce respect for the values enshrined in Article 2 TEU. The European Parliament and Council shall hold a debate about the situation in the Member State and justify in a reasoned opinion, whether or not to activate the instruments at their disposal to enforce respect for the values enshrined in Article 2 TEU.
2020/07/27
Committee: LIBE
Amendment 326 #

2020/2072(INL)

Motion for a resolution
Annex I – part 3 – point 20 – introductory part
20. In order to strengthen the transparency and efficiency of the procedure laid down in Article 7 TEU, the three institutions agree to ensure that theall institution initiating a proposal under Article 7(1) TEU iss are able to participate in the hearings under Article 7(1) TEU where that proposal is presented and isare consulted at all stages during the procedure. The three institutions agree to consult each other regularly in the Working Group regarding existing and potential procedures launched under Article 7 TEU.
2020/07/27
Committee: LIBE
Amendment 333 #

2020/2072(INL)

Motion for a resolution
Annex I – part 3 – point 21
21. The three institutions agree to use the findings of the Annual Report in their assessment of whether there are generalised deficiencies as regards the rule of law in the Member States, in accordance with Article 5 of Regulation (EU) 2020/xxxx. If the Annual Report identifies a risk of a or a serious breach of Union values in a Member State, the Commission shall send a written notification to that Member State, in accordance with Article 5 of Regulation (EU) 2020/xxxx.
2020/07/27
Committee: LIBE
Amendment 337 #

2020/2072(INL)

Motion for a resolution
Annex I – part 3 – point 21 a (new)
21a. The Parliament and the Council may request the Commission to develop and publish specific guidelines and indicators to address relevant horizontal issues that emerge from the Annual Monitoring Cycle.
2020/07/27
Committee: LIBE
Amendment 3 #

2020/2071(INI)

Draft opinion
Paragraph 1
1. Notes that the COVID-19 pandemic has revealed in the starkest possible terms the vital role played by functioning global supply chains for medical products, and in particular for medicines; emphasises that an open, rules-based trading system is fundamental to ensuring the global availability of medicines;
2020/05/18
Committee: INTA
Amendment 19 #

2020/2071(INI)

Draft opinion
Paragraph 2
2. RecognisDeplores that the EU depends on a narrow set of countries for a large proportion of its imports of active pharmaceutical ingredients and chemical raw materials; stresses that this over- reliance can poses a risk in times of crises, when limitations in production capacity, excess demand or protectionist measures threaten the proper functioning of global supply chains and potentially undermine the availability of medicines in the EU; calls on the Commission to present a long- term strategy focused on ensuring the EU’s open strategic autonomy in health, strengthening the European production of essential medicines;
2020/05/18
Committee: INTA
Amendment 27 #

2020/2071(INI)

3. Emphasises that the EU is a leading global exporter of pharmaceutical products; notes that the protection and enforcement of IP rights in free trade agreements (FTAs) and at the WTO is crucial to the development of new medicines and treatments; underlines that the flexibilities provided in the TRIPS agreement can be used to address potential supply shortages in exceptional circumstanchowever that the TRIPS agreement should be reviewed to ensure that it meets developing countries’ access to essential medicines;
2020/05/18
Committee: INTA
Amendment 34 #

2020/2071(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Acknowledges that the EU’s recent trade agreements includes clear rules on commercial aspects of intellectual property rights, which generally acknowledge the issuing of compulsory licences in line with the TRIPS agreement; however, provisions such as data exclusivity enhanced patent protection and the protection of trade secrets, could possibly make it more difficult for many countries to invoke such clauses to their fullest effect; calls upon the Commission to give the Parliament an assessment of what role the EU free trade agreements and TRIPS can provide in this situation, including whether the Commission is considering guidelines in which voluntary licensing could be encouraged over immediate compulsory licensing;
2020/05/18
Committee: INTA
Amendment 39 #

2020/2071(INI)

Draft opinion
Paragraph 4
4. Emphasises that a broad network of FTAs together withWelcomes the Commissioner for Internal Market’s statements on the reshoring of strategic supply chains; notes that a functioning multilateral trading system constitute the best way of guaranteeing that multiple sources of manufacturing for essential medicines are available and regulatory standards converge globallycould serve as a complement to the European production;
2020/05/18
Committee: INTA
Amendment 51 #

2020/2071(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Notes that the whole world is fighting the COVID-19 pandemic, as no available medication that can fight the disease has been found yet; calls upon the Commission to coordinate with the WTO and the WHO that all countries, and in particular the developing countries, have equal access in case of any breakthrough drugs; encourages all member states to make efforts to establish a pool of patent rights for COVID-19 technologies at the WHO;
2020/05/18
Committee: INTA
Amendment 59 #

2020/2071(INI)

Draft opinion
Paragraph 6
6. Underlines that a complete repatriation of all medical supply chains is not possible in a global economy; urges the Commission and the Member States to work with the EU’s partners, the WHO and WTO, on establishing an international framework that can prevent the breakdown of supply chains and limit resort to protectionist measures during health crises.
2020/05/18
Committee: INTA
Amendment 64 #

2020/2071(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Calls upon the Commission and the Member States to make sure that there is a constant and reliable supply of medical products; stresses that the development of medical products has to be in line with the international standards of human rights, in compliance with the Paris agreement, and that labour rights are in compliance with the ILO conventions; calls on the Commission that to maintain a level playing field in the internal market a common European approach for binding supply chain law is urgently needed;
2020/05/18
Committee: INTA
Amendment 67 #

2020/2071(INI)

Draft opinion
Paragraph 6 b (new)
6 b. Emphasises the importance of European safety standards for medical products; urges the Commission to check medical products entering our internal market that they uphold to the European safety standards; calls upon the Commission to ensure that consumer protection is prioritised in the WTO negotiations on e-commerce in negotiation;
2020/05/18
Committee: INTA
Amendment 26 #

2020/2045(INI)

Motion for a resolution
Recital C
C. whereas Parliament issued overall positive opinions in 2020 on the requests to extend the EUTFs until the end of 2021, while expressing concerns about the lack of transparency over the implementation of projects, with specific regard to the ones related to border and migration management, and under the condition, in the case of the Africa Trust Fund, of providing mandatory guarantees on the respect of fundamental human rights in all funded projects;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 29 #

2020/2045(INI)

Motion for a resolution
Recital C a (new)
C a. whereas there are serious concerns that the EUTFs could have contributed to inhumane and degrading treatment and financed actors that have committed human rights violations, such as in Libya, Ethiopia, Eritrea and Niger;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 31 #

2020/2045(INI)

Motion for a resolution
Recital D
D. whereas the establishment of both the EUTFs and the Facility for refugees in Turkey (FRT) have been justified by the need for a flexible, ad hoc and swift reaction not possible under the classical institutional framework; and the limited resources and flexibility available in the EU budget; whereas the Lisbon Treaty reinforced the role of the European Parliament to bring more coherence and democratic accountability and whereas the extra-budgetary instruments such as the EUTFs, as well as extraordinary tools such as the FRT, pose challenges with respect to democratic accountability, including the role of the European Parliament and also the integrity and unity of the EU budget;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 36 #

2020/2045(INI)

Motion for a resolution
Recital D a (new)
D a. whereas the 2016 migration crisis stemming from the Syrian conflict brought nearly 4 million refugees to Turkey, of which about 3.6 million are Syrian refugees and about 360 000 are registered refugees and asylum seekers from other countries, according to UNHCR data;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 39 #

2020/2045(INI)

Motion for a resolution
Recital D b (new)
D b. whereas the new EU’s external financial framework (NDICI-Global Europe) should overcome the constraints that lead to the need to launch Trust Funds to response in a more flexible and rapid manner to specific crises;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 40 #

2020/2045(INI)

Motion for a resolution
Recital D c (new)
D c. whereas the primary objective of the Union development cooperation policy is the reduction and, in the long term, the eradication of poverty as enshrined in Article 208 TFEU;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 41 #

2020/2045(INI)

Motion for a resolution
Recital D d (new)
D d. whereas, according to the Financial Regulation, the EUTFs should be subject to an annual external and independent audit and the European Commission has the power to suspend the financing agreement if the third country breaches an obligation relating to respect for human rights, democratic principles and the rule of law and in serious cases of corruption;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 42 #

2020/2045(INI)

Motion for a resolution
Recital D e (new)
D e. whereas since July 2017, almost €90m has been allocated through the EUTF for Africa to train, equip and support the capacity of the Libyan coastguard for the interception of migrants at sea and land borders and €49m has been allocated to address the conditions in which returnees are detained;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 43 #

2020/2045(INI)

Motion for a resolution
Recital D f (new)
D f. whereas the European Consensus on Development remains the doctrinal framework for EU development policy, and the European Consensus on Humanitarian Aid reaffirms the fundamental principles of humanitarian aid;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 44 #

2020/2045(INI)

Motion for a resolution
Recital D g (new)
D g. whereas the EU and its partners in the humanitarian field must be able to ensure assistance and protection based on needs and on respect for the principles of neutrality, impartiality, humanity and independence of humanitarian action, as enshrined in international law and in particular in international humanitarian law;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 45 #

2020/2045(INI)

Motion for a resolution
Recital E
E. whereas Parliament, while acknowledging their value-added, has repeatedly voiced the need for enhanced parliamentary scrutiny of the EUTFs and the FRT and for stronger involvement in the preparation and negotiation of future EUTFs and of the extension of existing EUTFs and other financial instruments in the domain of EU external action; whereas, following the adoption of the 2021-27 MFF and the inclusion of the European Development Fund in the EU budget, Parliament’s demands have gained further relevance and legitimacy, taking into account that the biggest share of contributions to the EUTFs are now coming from the EU budget itself, while contributions from Member States represent a very limited share of the total EUTFs’ budget;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 52 #

2020/2045(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Points out that pooling resources from the EDF, the Union budget and other donors in trust funds should not alter the ability of existing EU policies and programmes to pursue their original objectives, such as the eradication of poverty and the promotion of fundamental rights;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 58 #

2020/2045(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Welcomes the new EU external financing instrument, NDICI-Global Europe, as it foresees increasing possibilities within the EU budget to respond to new emergencies;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 61 #

2020/2045(INI)

Motion for a resolution
Paragraph 3
3. Notes that Committee Chairs and relevant Members have been granted observer status in meetings of the Strategic Boards of the Trust Funds and in the FRT Steering Committee; notes further that this status has not been formally reflected in the Constitutive Agreements of the Trust Funds; regrets that its call to allow Parliament to monitor the activities of the Operational Committee has not been answered and recalls its request to ensure that the Parliament is represented at these meetings;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 70 #

2020/2045(INI)

Motion for a resolution
Paragraph 4
4. Continues to expresses concerns overDeeply regrets the limited role of Parliament in the supervision and scrutiny of the Union contributions to the EUTFs; recalls Parliament’s requestconsiders that the Parliament should be able to monitor the activities of the Operational Committee, and calls on the Commission to provide in good time detailed information on the decisions taken in that Committee and to ensure that Parliament is represented at its meetings;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 81 #

2020/2045(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Recalls that the Parliament considered that, in order to proceed with the extension of the EUTF for Africa and also looking at its future functioning, mandatory guarantees on the respect of fundamental human rights should be provided in all funded projects, with particular attention to migration management, where these have not always been fully respected;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 110 #

2020/2045(INI)

Motion for a resolution
Paragraph 12 b (new)
12 b. Recalls the vulnerability of the Palestine refugee communities in Syria and the region, and calls for continuous support and to their inclusion in EU’s humanitarian plans and responses around the Syria crisis;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 114 #

2020/2045(INI)

Motion for a resolution
Paragraph 13
13. Considers that the Trust Fund for Africa represents an importantshould have represented, under the current circumstances, a tool to provide a swift, flexible and targeted response to emerging challenges and underlines that common, global challenges, such as migration and forced displacement, the impact of climate change and economic crises in the context of the ongoing COVID-19 pandemic, make this flexibility and rapidity more necessary than ever; stresses, however, that flexibility needs to be always combined with full transparency and accountability of the decision-making process and underlines that focusing priorities on stopping migration flows has led to dangerous perverse effects and a substantial shift away from the original objectives of reducing poverty and tackling the root causes of migration;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 124 #

2020/2045(INI)

Motion for a resolution
Paragraph 14
14. Welcomes the fact that the EUTF for Africa has contributed toidentified the goal of the triple humanitarian-development-peace nexus approach, which was not possible with the EU financial instruments under the previous MFF; notes however that this nexus has often been contradicted and overcome by partnership agreements with actors allegedly responsible for violations of human rights, including training of armed forces and border guards and provision of equipment;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 129 #

2020/2045(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the generally strong degree of local ownership, the involvement of local authorities and civil society organisations (CSOs) in projects supported by the EUTF for Africa;deleted
2021/05/05
Committee: AFETDEVEBUDG
Amendment 132 #

2020/2045(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Strongly condemns the lack of a proper involvement of local authorities and civil society organisations (CSOs) in project supported by EUTF for Africa. Regrets that information on the involvement of local civil society organisations are not openly available due to the low transparency of subcontracting levels;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 139 #

2020/2045(INI)

Motion for a resolution
Paragraph 15 b (new)
15 b. Is deeply concerned that the need to address the root causes of migration, which includes prioritising development and anti-poverty policies, has often been overtaken by a short term perspective of migration management driven by domestic policy priorities. Considers that this could lead to dangerous perverse effects, including violation of human rights in the context of project implementation. Criticizes the nature of certain projects related to migration and border management, for which adequate information has not been provided to the Parliament and retains it essential to have more precise explanation about suspected human rights violations linked to the EUTF in Libya, Ethiopia and Niger;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 140 #

2020/2045(INI)

Motion for a resolution
Paragraph 15 c (new)
15 c. Strongly underlines that funds from the European Development Fund (EDF) and Official Development Assistance (ODA) sources must be devoted to the economic, human and social development of the host country, with particular focus on the development challenges identified in the Trust Fund decision; recalls that funding of the EUTF must be implemented and evaluated on the basis of ODA criteria and that all expenses falling outside this requirement have to be funded from different sources that are pooled in the Trust Fund; stresses, in this regard, the importance of pooling resources from diverse and multiple sources and donors, and recalls that leveraging is one of the foremost reasons for the creation of this instrument devoted to such different and heterogeneous ends; condemns any use of EDF and ODA funds for migration management and control or any other actions without development objectives;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 141 #

2020/2045(INI)

Motion for a resolution
Paragraph 15 d (new)
15 d. Deplores that in several projects, founded under the EUTF Africa, the reduction of migration flows, rather than poverty reduction, has been mentioned as an indicator of success. Stresses that there has been a dangerous shift in priorities away from development policies and considers that this shift risks producing imbalances between countries according to their role in managing migration and readmissions;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 142 #

2020/2045(INI)

Motion for a resolution
Paragraph 15 e (new)
15 e. Notes that in some countries the approval of development projects has taken place in parallel with, and conditional upon, progress in negotiations on return and readmission agreements and strict management of migration flows; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action to address the needs of people in developing countries, the rights of refugees and migrants, and thus also undermines a wide range of rights under the Sustainable Development Goals and moves away from the objectives of tackling inequality and exclusion, promoting democratic governance and human rights, and enhancing sustainable and inclusive development; rejects any kind of conditionality based on EU’s migration and border policies;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 148 #

2020/2045(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Denounces the continuing and impressive human rights violations taking place in Libya in the context of the integrated border management actions; underlines that the Libyan Coast Guard regularly continues to be responsible for serious violations of the human rights of migrants, including failure to respect the principle of non-refoulement; stresses that many of the people rescued or intercepted by the coastguard are returned to arbitrary detention in horrendous and shameful conditions in Libya; underlines that in the context of the Emergency Transit Mechanism there are serious concerns to facilitate the return of refugees to countries in which they are not safe, in violation of the 1951 Convention Relating to the Status of Refugees. Deplores that the EUTF for Africa funded such activities and calls the Commission to suspend this program until there is a real and objective assessment on respect for human rights;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 151 #

2020/2045(INI)

Motion for a resolution
Paragraph 16 b (new)
16 b. Welcomes the proposal by the Commission to de-commit funds originating from the EUTF for Africa initially allocated to Eritrea, in particular for the procurement for road renovation that used forced labour;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 176 #

2020/2045(INI)

Motion for a resolution
Paragraph 21 a (new)
21 a. Regrets the lack of a proper EU responsibility in managing the migration flows and the externalisation of migration management to Turkey; retains that FRT has been established despite the existence of serious concerns about the human rights situation of refugees in Turkey from the perspective of international asylum law; is aware about the role played by FRT in providing support to some 1.8 million of refugees through basic needs support, 668,900 refugee children with educational support, and millions of refugees with healthcare and protection services; expresses its support to Turkish civil society and recalls the laudable efforts played by international organisations in implementing these projects. Considers it important to continue to ensure adequate support for refugees, avoiding that the Turkish government is directly involved in the management and allocation of funds;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 182 #

2020/2045(INI)

Motion for a resolution
Paragraph 21 b (new)
21 b. Expresses concerns regarding the degradation of human rights, democratic principles and the rule of law in Turkey and calls on the Commission to ensure that the objectives and the implementation of the FRT are consistent with the EU’s general principles, policies and objectives, including democracy, rule of law and human rights;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 183 #

2020/2045(INI)

Motion for a resolution
Paragraph 21 c (new)
21 c. Deeply regrets that in several occasions the Turkish government used the flows of refugees and the situation of migrants at EU borders as a tool of political pressure against the EU; notes with concern that this tool of pressure used by Turkey posed at risks lives and health of migrants and most vulnerable persons;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 184 #

2020/2045(INI)

Motion for a resolution
Paragraph 21 d (new)
21 d. Recalls the importance of a human, solidary and responsible approach towards the refugees and the migration flows; expresses serious concerns for several cases of expulsion and return of migrants and refugees; reminds that no EU funds should facilitate directly or indirectly any forced returns;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 186 #

2020/2045(INI)

Motion for a resolution
Paragraph 22
22. Reiterates its request that Turkey respect the principle of non-refoulement, in particular on the Syrian border, and that it not use the flows of refugees against the EUExpresses its concern about the legal status of Syrian refugees in Turkey, stresses the urgency to ensure that the human rights of migrants and refugees as guaranteed by the 1951 Refugee Convention are fully respected and reiterates its request that Turkey respect the principle of non-refoulement, in particular on the Syrian border. Calls the Turkish authorities to lift Turkey’s geographical limitation to the 1951 Refugee Convention so that Syrians can be recognised as refugees;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 202 #

2020/2045(INI)

Motion for a resolution
Paragraph 22 a (new)
22 a. Underlines the need to safeguard the humanitarian principles given the involvement of humanitarian aid in the FRT; considers that a strong role of Turkey therein challenges the purely needs-based character and the principles of neutrality, independence and impartiality;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 206 #

2020/2045(INI)

Motion for a resolution
Paragraph 22 b (new)
22 b. Considers that a protracted presence of refugees in Turkey needs to build up a nexus between humanitarian assistance and a more developmental focus and help create livelihood opportunities for refugees to improve their self-reliance and social inclusion into their host communities;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 207 #

2020/2045(INI)

Motion for a resolution
Paragraph 22 c (new)
22 c. Regrets that the EU-Turkey statement on refugees is a “de facto” readmission agreement concluded by the EU that has been presented as a statement in order to bypass the legal procedures on the conclusion of readmission agreements set in article79(3) TFEU and the obligation of obtaining prior consent of the EP as required by Article 218 (6)(a)(v) TFEU;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 208 #

2020/2045(INI)

Motion for a resolution
Paragraph 22 d (new)
22 d. Notes that FRT supports only registered refugees, expresses its concerns that many refugees have been left without assistance since registration was made difficult in some provinces and cities;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 229 #

2020/2045(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Underlines that any partnership agreement should ensure full protection of human lives, dignity and human rights; deplores that these minimum guarantees were not effectively respected and that migrants and refugees often face inhumane conditions of transfer and detention; calls on the Commission to ensure a transparent risk assessment, carried out by independent EU-bodies and experts on the impact of EU-funded projects on the human rights of migrants and refugees, as well as on the wider population in the country concerned; calls for the establishment of an effective and independent monitoring mechanisms to fully monitor and evaluate the final destination of these funds and protocols for action in the event of violations of fundamental rights;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 3 #

2020/2043(INI)

Draft opinion
Paragraph 1
1. IWelcomes the European goal of achieving a socially just transition to climate neutrality by 2050 as well as the 60%-goal for 2030; notes with concern the lack of ambition in climate efforts in EU trade policy as well as in many other policy spheres; calls for the Paris Agreement and its 1.5 percent goal to become the guiding principle of trade policy to which all trade initiatives must be adjusted; is convinced that such a purpose-built trade policy can be an important driver in steering economies towards decarbonisation in order to achieve the climate objectives set in the Paris Agreement and the European Green Deal;
2020/11/03
Committee: INTA
Amendment 23 #

2020/2043(INI)

Draft opinion
Paragraph 2
2. Supports, in the absence of a global carbon price and a multilateral solution, a market-based EU carbon border adjustment mechanism (CBAM) on condition that it is compatible with EU free trade agreements (FTAs) andcalls for EU free trade agreements (FTAs) to be made compatible with such a mechanism by way of using the respective review clauses in FTAs, in case the FTAs are not yet compatible with such a mechanism ; calls for the CBAM to be compatible with WTO rules (by being non- discriminatory and not constituting a disguised restriction on international trade), and that it is proportionate, based on the polluter pays principle and fit for purpose in delivering the climate objectives;
2020/11/03
Committee: INTA
Amendment 55 #

2020/2043(INI)

Draft opinion
Paragraph 3 a (new)
3a. Calls for a calculation method for carbon contents that does not disadvantage European producers; calls for a calculation method that takes into account to the highest possible extent the real carbon content of the goods concerned; suggests that an independent agency should be responsible for the definition of the most realistic carbon content of goods as well as the determination of the respective good’s market entry price; calls for the inclusion of existing third country carbon pricing systems in the calculation;
2020/11/03
Committee: INTA
Amendment 58 #

2020/2043(INI)

Draft opinion
Paragraph 3 b (new)
3b. Asks the Commission to consider evaluating all products according to a worst-in-class approach, i.e. assume the most emission-rich production method and thus provide an incentive for producers to share information on their products carbon content in order to pay a lower CBA;
2020/11/03
Committee: INTA
Amendment 62 #

2020/2043(INI)

Draft opinion
Paragraph 4
4. Calls for thorough impact assessments and for the utmost transparency of the process leading to the CBAM, as well as engagement with the EU’s trading partners to build coalitions and avoid any possible retaliations;mongst it the publication of all studies conducted during the build up of the mechanism; calls for the comprehensive integration of the European Parliament at all stages of the development process as well as engagement with the EU’s trading partners to build plurilateral CO2-pricing systems coalitions and avoid retaliations as far as possible; asks the Commission to take into consideration existing and future third country CO2-pricing systems
2020/11/03
Committee: INTA
Amendment 100 #

2020/2043(INI)

Draft opinion
Paragraph 5 b (new)
5b. Calls for the establishment of a meticulous monitoring mechanism for the CBAM as well as a monitoring and review-process in which the European Parliament is involved to the fullest extent;
2020/11/03
Committee: INTA
Amendment 30 #

2020/2042(INI)

Draft opinion
Recital B a (new)
Ba. whereas climate change is affecting enjoyment of basic human rights;
2020/09/08
Committee: LIBE
Amendment 112 #

2020/2042(INI)

Draft opinion
Paragraph 6
6. Underlines the ruling of the UN Human Rights Committee of 20 January 2020, which statesing that countries may not deport individuals facingwho face climate change- induced conditions that violate the right to life, thus evoking non-refoulement obligations and declaring that inaction in the face of global warming can lead to violations of human rights; calls on the Member States to consider the risk of violations of the right to life due to climate change as part of their return decisions, notably triggering non- refoulement obligations;
2020/09/08
Committee: LIBE
Amendment 126 #

2020/2042(INI)

Draft opinion
Paragraph 7 a (new)
7a. Highlights that women and minors are most vulnerable populations in the face of disasters and climate change;
2020/09/08
Committee: LIBE
Amendment 128 #

2020/2042(INI)

Draft opinion
Paragraph 7 b (new)
7b. Urges the Commission to mainstream gender equality and climate justice in the elaboration and implementation of all policies that have impact on the situation of women and girls;
2020/09/08
Committee: LIBE
Amendment 129 #

2020/2042(INI)

Draft opinion
Paragraph 7 c (new)
7c. Reminds the Commission to ensure coherent implementation of international existing and future instruments, in particular the Paris Agreement and Agenda 2030 for Sustainable Development to take into account the internal and external impact of the EU;
2020/09/08
Committee: LIBE
Amendment 130 #

2020/2042(INI)

Draft opinion
Paragraph 7 d (new)
7d. Underlines that the European Union´s global engagement - both in terms of climate policy and migration displacement policy - has significantly expanded and is set to become yet more important in the context of geopolitical shifts;
2020/09/08
Committee: LIBE
Amendment 131 #

2020/2042(INI)

Draft opinion
Paragraph 7 e (new)
7e. Highlights that environmental change and migration is addressed in its civil protection, humanitarian aid and development policies; stresses, however, that in the context of policies on international protection, no concrete initiatives to date have addressed the protection needs of people affected by environmental change, and specifically environmental - and other - disasters, as according to the prevailing interpretation of the 1951 Refugee Convention, displacement based on environmental reasons alone does not meet the requirement for refugee protection; notes that, within the EU, complementary forms of protection deriving from the Qualification Directive and the Temporary Protection Directive, as well as protection from non-refoulement under the Return Directive, could provide protection alternatives; deplores, however, that all of those instruments reveal deficiencies in the protection of environmentally displaced persons.
2020/09/08
Committee: LIBE
Amendment 1 #

2020/2041(INI)

Draft opinion
Paragraph 1
1. Highlights that, while there are a number of dynamic middle income countries on the African continent, its economic development is still relatively weak in comparison to other partsStrongly supports the renewed engagement between the EU and Africa; welcomes the publication of the Communication ofn the world; stresses that many of its countries will therefore face almost insurmountable challenges caused by the COVID-19 crisis and the effects of climate changeupcoming strategy; highlights the importance of a dynamic partnership to pursue common Goals between the two continents;
2020/06/16
Committee: INTA
Amendment 1 #

2020/2041(INI)

Draft opinion
Paragraph 1
1. Underlines that Europe and Africa are in close geographical proximity, have strong, historical and, cultural ties andand socio- economic ties, which are being brought ever closer by the increase in strade and shared challengestegic interests, such as climate change, sustainable development, and good governance, and that the prosperity of the two continents are intimately linked, which call for an holistic continental- African approach and result-oriented use of EU resourcfor increased coherence between EU policies and the use of the related resources, while at the same time respecting the independence and sovereignty of African countries;
2020/07/02
Committee: AFET
Amendment 9 #

2020/2041(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Highlights the importance of ecologically and socially sustainable trade relations with the African continent; calls on the Commission to proceed with its legislative proposal on mandatory human rights and environmental due diligence obligations for EU companies;
2020/06/16
Committee: INTA
Amendment 11 #

2020/2041(INI)

Draft opinion
Paragraph 1 b (new)
1 b. Highlights that, while there are a number of dynamic middle income countries on the African continent, its economic development is still relatively weak in comparison to other parts of the world; stresses that many of its countries will therefore face almost insurmountable challenges caused by the COVID-19 crisis and the effects of climate change, amongst them huge demographic shifts with poverty- and conflict-driven migration as well as other problems; highlights in this context that in the short run, the EU must provide immediate aid measures such as procuring tests and laboratory equipment, followed by pandemic prevention measures through the development of an infrastructure of laboratories, financing of medical training measures, information campaigns and national pandemic response plans; underlines that the economic impact of the lockdown will be profound on the African continent, given the size of the informal sector; stresses that the long term goal of the partnership between the EU and Africa must be the resilience of African economies as well as economic independence from aid and indebtedness, to which the increasing resilience of the health sector should be a side effect;
2020/06/16
Committee: INTA
Amendment 11 #

2020/2041(INI)

Draft opinion
Paragraph 1 a (new)
1a. Reiterates the importance to respect human rights and fundamental freedoms and the principles of Article 21 of the Treaty on the Functioning of the European Union (TFEU); calls for the African Union, the European Union and their member states, for a more robust cooperation in the fields of the promotion and protection of human rights, and human rights defenders, and to deliver full political and financial support to their respective human rights mechanisms;
2020/07/02
Committee: AFET
Amendment 15 #

2020/2041(INI)

Draft opinion
Paragraph 1 b (new)
1b. Underlines that it is important to step up synergies and coherence between all the legal and political frameworks on which EU-Africa relations are based on in order to make the partnership more effective and sustainable; welcomes the proposal for a pan-African programme in the context of the new Neighbourhood, Development and International Cooperation Instrument (NDICI) aimed at addressing the challenges of the African continent as a whole;
2020/07/02
Committee: AFET
Amendment 17 #

2020/2041(INI)

Draft opinion
Paragraph 2
2. Welcomes the announcement from the G20 on a temporary moratorium on debt repayments for the weakest developing countries; reiterates that debt reductions and debt cancellations are not mentioned in the current version of the Africa strategy while they are important palliatives in the COVID-19 crisis and a necessary measure beyond the pandemic since they will contribute to the policy space of African countries that is currently taken up by repaying debt;
2020/06/16
Committee: INTA
Amendment 20 #

2020/2041(INI)

Draft opinion
Paragraph 2
2. Underlines that the process of sustainable development on the African continent is of key importance for the prosperity, stability and human security of both the EU and Africa; in this context recalls that the achievement of Sustainable Development Goals (SDGs) and the respect of human rights have to remain the main objectives of EU-African relations;
2020/07/02
Committee: AFET
Amendment 26 #

2020/2041(INI)

Draft opinion
Paragraph 3
3. Highlights that the European Union still has important economic ties with African states, and that China has intensified its economic engagement in Africa, while the EU Member States have shown only very selective interests for trade with- and investments in the African states, which is why the trade volume between the EU and most African states remains relatively small; underlines that the EU needs an entirely new foundation for its economic partnership with Africa, meaning that it needs to take the final step away from a dependency-based relationship and arrive in the new reality in which the EU and Africa need to develop a mutually beneficial sustainable partnership; underlines that the prerequisite of this partnership is the substantial further sustainable development in all African states;
2020/06/16
Committee: INTA
Amendment 31 #

2020/2041(INI)

Draft opinion
Paragraph 3
3. Highlights that the European Union still has important economic ties with African states, and that China has intensified its economic engagement in Africa; stresses the need to respond to these challenges while respecting policy coherence for development;
2020/06/16
Committee: INTA
Amendment 37 #

2020/2041(INI)

Draft opinion
Paragraph 4
4. Underlines that the role of many African states in the international division of labour does not promote their sustainable development as long as it means that they export raw materials and some unprocessed agricultural commodities, while the EU exports manufactured goods, services and agricultural overcapacities; underlines that the EU must support the diversification of inner-African value chains by means of public investment in improved infrastructures and the development of a sustainable energy- supply; calls on the Commission to facilitate through the channels at its disposal the development of regional value chains as inner-regional trade on the African continent remains marginal and is a prerequisite for sustainable development and long term economic independence;
2020/06/16
Committee: INTA
Amendment 38 #

2020/2041(INI)

Draft opinion
Paragraph 4
4. Underlines that the role of many African states in the international division of labour does not promote their sustainable development; recalls the need to better integrate African economies into global value chains, providing greater emphasis on African added value, e.g. through special and differential treatment; believes that the revised General Scheme of Preferences (GSP), with a reviewed set of binding principles and conventions and an extended monitoring mechanism, would greatly contribute to uphold human, social and environmental rights; stresses that binding due diligence in line with OECD standards is not only a tool to promote decent work, but also increase the general security situation on many Sub Saharan countries;
2020/06/16
Committee: INTA
Amendment 41 #

2020/2041(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Notes that African countries, albeit accounting for more than 50% of the General Scheme of Preferences (GSP) beneficiaries, only represent less than 5% of EU’s GSP imports; invites the Commission to assist beneficiaries’ actors, inter alia on adherence with rules of origin and technical barriers; regrets that the GSP has not so far contributed to the economic diversification of African beneficiary countries; reiterates its call on the Commission to consider expanding the list of products to be covered by the GSP Regulation;
2020/06/16
Committee: INTA
Amendment 46 #

2020/2041(INI)

Draft opinion
Paragraph 5
5. Calls on the Commission to reform its current version of its strategy entitledadapt its priorities set out in the Communication ‘Towards a comprehensive Strategy with Africa’ ahead of the planned EU-AU Summit with a view to addressing the needs of the African regions in the wake of this health and economic crisis; but also with regard to the danger of upcoming threats to food security; notes that the common plan for economic recovery needs to remain in accordance with the Sustainable Development Goals and the Paris Agreement;
2020/06/16
Committee: INTA
Amendment 57 #

2020/2041(INI)

Draft opinion
Paragraph 4
4. Notes that Africa is still undergomaking steps forward ing the process of integration at regional, continental and international level and that as yet 54 African; therefore stresses the need for a countries remain divided and diversified in areas of key strategic importance to the EU, such as meeting internationally recognised standardinent-to-continent partnership between the European Union and the African Union; stresses that the partnership should be based on common interests and praobjecticves in trade, human rights, sustainable development and positioning in international organisations; ; recalls that developing this EU-AU partnership would enable further regionalisation and should be considered as an option for ACP relations post-Cotonou;
2020/07/02
Committee: AFET
Amendment 67 #

2020/2041(INI)

Draft opinion
Paragraph 7
7. Underlines that the fragmented implementation of EPAs has resulted in a lack of substantial progress in supporting regional integration, capacity-building on border cooperation, and improvements in investment climates and good governance; believes that the serious concerns raised by EPAs in place or under negotiation need to be overcome (including regional integration concerns, Rules of Origin complications, non tariff barriers, and little in-built protection for infant industries) and addressed in the strategy;
2020/06/16
Committee: INTA
Amendment 77 #

2020/2041(INI)

Draft opinion
Paragraph 5
5. Welcomes the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 9 March 2020 entitled ‘Towards a comprehensive strategy with Africa’ (JOIN(2020)0004); which underlines the universality, indivisibility, interdependence and interrelated nature of all human rights and affirms EU and African commitments to promote and protect them; calls for strong and constant EU engagement in thehuman security, stability and sustainable development of Africa; stresses the importance of including the principles of transparency and good governance in the EU-Africa Strategy and its planning, implementation and evaluation;
2020/07/02
Committee: AFET
Amendment 82 #

2020/2041(INI)

Draft opinion
Paragraph 9
9. Emphasises the need for substantial sustainable investments that enable leapfrogging in the African states; possibly in the form of investment partnerships with regard to infrastructure, a sustainable agricultural sector as well as comprehensive energy supply from renewable sources; underlines the necessity of sustainable innovation projects that enable leapfrogging with the specific goal of ecological and social sustainability in the African states underlines that the EU needs to pursue public investments in the development of general infrastructures and specifically cross-border infrastructures in order to facilitate regional trade and thereby the diversification of value chains; highlights that the promotion of foreign direct investment amongst other programs by the External Investment Plan should be linked to local entrepreneurship, SMEs, smallholder agriculture, the local services sector, the local manufacturing industry as well as sustainable innovation projects in order to facilitate the diversification of value chains on the continent as well as for the sake of the creation of decent employment opportunities;
2020/06/16
Committee: INTA
Amendment 87 #

2020/2041(INI)

Draft opinion
Paragraph 5 a (new)
5a. Stresses the importance of a true inclusion of international and local civil society organisations, non-governmental organisations (NGOs), parliamentary assemblies, the diaspora, trade unions, youth organisations, the private sector and local authorities in consolidating the political dialogue between the EU and Africa; calls on the AU and the EU to ensure unfettered civil society access to African and European institutions and their human rights mechanisms; further insists on the importance of creating an enabling environment for civil society and addressing an increasing crackdown on human rights defenders;
2020/07/02
Committee: AFET
Amendment 90 #

2020/2041(INI)

Draft opinion
Paragraph 10
10. Underlines that empowering civil society, and thereby including a social counterpart into investment structures, is a vital aspect of EU policies towards and with the African states., therefore asks the Commission to involve civil society at all levels of the political dialogue, especially when trade agreements are prepared, monitored and evaluated; calls for a bigger role for civil society in the Aid for Trade system;
2020/06/16
Committee: INTA
Amendment 94 #

2020/2041(INI)

Draft opinion
Paragraph 5 b (new)
5b. Recalls the AU and the EU’s joint commitment to collaborate on the global human rights agenda; calls on AU and EU institutions to prioritise cooperation at multilateral human rights fora and to act robustly in defence of crucial human rights gains at multilateral level; to this end, calls them to develop concrete strategies to counter the recent pushback on existing human rights norms at multilateral fora, including the universality and indivisibility of human rights; reminds EU and AU member states that they must deliver full political and financial support to their respective human rights mechanisms and ensure these, together with a strong and independent civil society, can guarantee delivery and further progress on human rights for all in Africa and Europe;
2020/07/02
Committee: AFET
Amendment 96 #

2020/2041(INI)

Draft opinion
Paragraph 10 a (new)
10 a. Recognizes the critical role of women and girls in sustainable growth and development; emphasizes that the empowerment of women and girls must be mainstreamed throughout the implementation of the Africa strategy; underlines that the economic independence of women must be fostered by the promotion of female entrepreneurs;
2020/06/16
Committee: INTA
Amendment 100 #

2020/2041(INI)

Draft opinion
Paragraph 10 b (new)
10 b. Underlines that the African continent has the youngest population in the world and thus asks the Commission to firmly integrate the interests of children and young people in the implementation plan for the Africa strategy and to make sure that substantial investments are made in building the expertise of young people given their critical role in further developing strategies for an ecologically, socially and economically sustainable future of their continent;
2020/06/16
Committee: INTA
Amendment 144 #

2020/2041(INI)

Draft opinion
Paragraph 7
7. Shares the opinion that the matter of the security of Africa should be transferred into the handsAfrican states and regional institutions must have the leading role in matters relating to the security of Africans and that the EU should assissupport its African partners in the successful accomplishment of this ultimate goal., by tackling the root causes of human insecurity, as well as including by implementing a conflict prevention, do no harm and policy coherence approach in all aspects of its relationship with Africa, and by supporting the role of civil society actors in peacekeeping and peace- building efforts;
2020/07/02
Committee: AFET
Amendment 161 #

2020/2041(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls, in the context of counter- terrorism policies, on the establishment of more transparent decision-making processes, increased general awareness about a human rights-based approach and more engagement with communities affected by these measures;
2020/07/02
Committee: AFET
Amendment 164 #

2020/2041(INI)

Draft opinion
Paragraph 7 b (new)
7b. Recognises the complex challenges and opportunities migration movements play both in Europe and Africa for the prosperity and the development of both continents; calls on the AU, the EU and their member states to adopt an approach to migration policies that puts human rights of refugees and migrants at their heart; calls them to ensure AU-EU migration related cooperation promotes human rights and the respect of international commitments, including by expanding and promoting legal pathways to Europe and within Africa; secure and promote the asylum space and rights- based migration in both EU and AU countries through legislative and policy reforms, including establishing greater transparency and accountability in migration related programmes and funding;
2020/07/02
Committee: AFET
Amendment 170 #

2020/2041(INI)

Draft opinion
Paragraph 7 c (new)
7c. Rejects any kind of conditionality on External Financial Instruments(EFIs) based on EU’s migration and border policies; is opposed to EFIs being used to control and manage migration flows in Africa and calls for effective mechanisms to be put in place to be able to thoroughly control the final destination of those funds and to assess the projects which received funding;
2020/07/02
Committee: AFET
Amendment 1 #

2020/2022(INI)

Motion for a resolution
Citation 3
— having regard to the Charter of Fundamental Rights of the European Union, in particular Article 6, Article 7, Article 8, Article 11, Article 13, Article 221, Article 22, Article 23, Article 24, Article 25 and Article 246 thereof,
2020/06/24
Committee: LIBE
Amendment 4 #

2020/2022(INI)

Motion for a resolution
Citation 6 a (new)
— having regard to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)3a, _________________ 3a OJ L 95, 15.4.2010, p. 1–24
2020/06/24
Committee: LIBE
Amendment 12 #

2020/2022(INI)

Motion for a resolution
Citation 7 a (new)
— having regard to the judgement of the Court of Justice of 24 November 2011 in case C-70/105a, _________________ 5aJudgement of the Court of Justice of 24 November 2011, Scarlet Extended SA v Société belge des auteurs, compositeurs et éditeurs SCRL (SABAM)
2020/06/24
Committee: LIBE
Amendment 16 #

2020/2022(INI)

Motion for a resolution
Recital -A (new)
-A. whereas fundamental rights, such as protection of privacy and personal data, the principle of non-discrimination, as well as freedom of expression and information, need to be ingrained at the core of a successful and durable European policy on digital services; whereas these rights need to be seen both in the letter of the law, as well as the spirit of their implementation;
2020/06/24
Committee: LIBE
Amendment 17 #

2020/2022(INI)

Motion for a resolution
Recital A b (new)
Ab. recital -Aa whereas the trust of users can only be gained by digital services that respect their fundamental rights, thus ensuring both uptake of services, as well as a competitive advantage and stable business models for companies;
2020/06/24
Committee: LIBE
Amendment 20 #

2020/2022(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the privacy rules in the electronic communication sector, as set out in the Directive concerning the processing of personal data and the protection of privacy in the electronic communications sector, are currently under revision;
2020/06/24
Committee: LIBE
Amendment 25 #

2020/2022(INI)

Motion for a resolution
Recital C
C. whereas the amount of all types of user- generated content, including harmful and illegal content, shared via cloud services or online platforms has increased exponentially;
2020/06/24
Committee: LIBE
Amendment 27 #

2020/2022(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the use of personal data for the purposes of individual profiling, and its subsequent repurposing, even when seemingly innocuous data is collected from the digital traces of individuals, can be mined in a way that can generate insights that can enable very intimate personal information to be inferred at a very high level of accuracy, especially when these data are merged with other data sets;
2020/06/24
Committee: LIBE
Amendment 28 #

2020/2022(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas social media and other content distribution platforms utilise profiling techniques to target and distribute their content, as well as advertisements; whereas the automated algorithms decide how to handle, prioritise, distribute and delete third-party content on online platforms, including during political and electoral campaigns;
2020/06/24
Committee: LIBE
Amendment 29 #

2020/2022(INI)

Motion for a resolution
Recital C c (new)
Cc. whereas the proliferation of disinformation, even propaganda online, has been aided by platforms whose very business model is based on profiting from collection and analysis of user data; whereas consequently promoting spreadable, sensationalist content forms part of their business logic, and pushes them to generate more traffic and ‘clicks’, and, in turn, generate more profiling data and thus more profit;
2020/06/24
Committee: LIBE
Amendment 30 #

2020/2022(INI)

Motion for a resolution
Recital C d (new)
Cd. whereas the Cambridge Analytica and Facebook scandals revealed how user data had been used to micro-target certain voters with political advertising, and at times, even with targeted disinformation, therefore showing the danger of opaque data processing operations of online platforms;
2020/06/24
Committee: LIBE
Amendment 31 #

2020/2022(INI)

Ce. whereas the widespread use of algorithms for content filtering and content removal processes also raises rule of law concerns, questions of legality, legitimacy and proportionality;
2020/06/24
Committee: LIBE
Amendment 39 #

2020/2022(INI)

Motion for a resolution
Recital E
E. whereas the political approach to tackle harmful and illegal content online in the EU has mainly focused on voluntary cooperation thus faris based on court order mandated takedowns, but a growing number of Member States are adopting further national legislation to address illegal content;
2020/06/24
Committee: LIBE
Amendment 45 #

2020/2022(INI)

Motion for a resolution
Recital F
F. whereas some forms of harmful content may be legal, yet detrimental to society or democracy, yet be legal, with examples such as opaque political advertising and disinformation on COVID-19 causes and remedies;
2020/06/24
Committee: LIBE
Amendment 47 #

2020/2022(INI)

Motion for a resolution
Recital G
G. whereas a pure self-regulatory approach of platforms does not provide legitimacy or adequate transparency and proper information to public authorities, civil society and users on how platforms address illegal and harmful contentcontent and content that is deleted against violations of terms and conditions; whereas such an approach does not guarantee compliance with fundamental rights; and creates a risk of excessive interference with the right of freedom of expression and creates a problematic situation where law enforcement responsibilities are handed over to private parties;
2020/06/24
Committee: LIBE
Amendment 52 #

2020/2022(INI)

Motion for a resolution
Recital H
H. whereas regulatory oversight and supervision of platforms lacks horizontalis sector-specific in the EU; whereas further and more comprehensive coordination between the different oversight bodies across the EU would be beneficial;
2020/06/24
Committee: LIBE
Amendment 54 #

2020/2022(INI)

Motion for a resolution
Recital I
I. whereas the absence of uniform and transparent rules for procedural safeguards across the EU is a key obstacle for persons affected by illegal content online and content providers seeking to exercise their rights;deleted
2020/06/24
Committee: LIBE
Amendment 58 #

2020/2022(INI)

Motion for a resolution
Recital J
J. whereas the lack of comparable, robust public data on the prevalence and both court mandated and self-regulatory removal of illegal and harmful content online creates a deficit of transparency and accountability;
2020/06/24
Committee: LIBE
Amendment 66 #

2020/2022(INI)

Motion for a resolution
Recital K
K. whereas child sexual exploitation online is one of the forms of illegal content shaped by technological developments; whereas the vast amount of child sexual abuse material circulating online poses serious challenges for detection, investigation and, most of all, victim identification efforts;
2020/06/24
Committee: LIBE
Amendment 68 #

2020/2022(INI)

Motion for a resolution
Recital L
L. whereas according to the Court of Justice of the European Union (CJEU), jurisprudence host providers may have recourse to automated search tools and technologies to assess if content is equivalent to content previously declared unlawful, and should thuss long as it does not result in monitoring generally the information which it stores, or in actively seeking facts or circumstances indicating illegal activity, as provided for in Article 15(1) of Directive 2000/31; whereas such content should be removed following an court order from a Member State;
2020/06/24
Committee: LIBE
Amendment 71 #

2020/2022(INI)

Motion for a resolution
Recital L a (new)
La. whereas a trusted electronic identification is elementary to ensure secure access to digital services and to carry out electronic transactions in a safer way; whereas currently only 15 Member States have notified an electronic identity scheme for cross-border recognition in the framework of the Regulation (EU) 910/2014;
2020/06/24
Committee: LIBE
Amendment 81 #

2020/2022(INI)

Motion for a resolution
Paragraph 1
1. Stresses that illegal content online should be tackled with the same rigour as illegal content offlineis the same as illegal content offline; takes therefore the position that any legally mandated content moderation measure in the Digital Services Act should concern only illegal content, as it is defined in European or national law, and the legislative text should not include any legally vague and undefined terms, such as “harmful content”, as targeting such content would put fundamental rights and freedom of speech at serious risk and put the service providers in a legally unclear position;
2020/06/24
Committee: LIBE
Amendment 85 #

2020/2022(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Paragraph -1. Underlines that the modernisation of current e-Commerce rules can inevitably affect fundamental rights, including the protection of privacy and personal data, the freedom of expression and information, equality and non-discrimination, freedom of thought, conscience and religion, freedom of assembly and association, freedom of the arts and sciences, and the right to an effective remedy; therefore urges the Commission to be extremely vigilant in its approach and also integrate international human rights standards into its revision;
2020/06/24
Committee: LIBE
Amendment 87 #

2020/2022(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Paragraph -1a. Notes how the current digital ecosystem encourages also problematic behaviour, such as hate speech and disinformation; is concerned how promoting controversial content has become the key to the targeted advertisement-based business models, where sensational and polarising content maximises the screen time of users, generating more profiling data, more advertising hours, and therefore more profits; underlines how this type of a business model can have very intrusive and negative effects, not only on individuals and their fundamental rights, but societies as a whole;
2020/06/24
Committee: LIBE
Amendment 95 #

2020/2022(INI)

Motion for a resolution
Paragraph 2
2. Believes in the clear economic benefits of a functioning digital single market for the EU and its Member States; stresses the important obligation to ensure a fair digital ecosystem in which fundamental rights and, especially data protection are respected; calls for a minimum level of intervention based on the principles of necessity and proportionality, privacy and non- discrimination are at its core;
2020/06/24
Committee: LIBE
Amendment 104 #

2020/2022(INI)

Motion for a resolution
Paragraph 3
3. Deems it necessary that illegal content is removed swiftly and consistently in order to address crimes and fundamental rights violation, through a clear and harmonised notice-and-action procedure with the necessary safeguards in place, such as transparency of the process, the right to appeal and access to effective judicial redress; considers that voluntary codes of conduct only partially address the issue;
2020/06/24
Committee: LIBE
Amendment 109 #

2020/2022(INI)

Motion for a resolution
Paragraph 3
3. Deems it necessary that illegal content is removed swiftly and consistently within a strictly defined period of time in order to address crimes and fundamental rights violations; considers that voluntary codes of conduct only partially address the issue;
2020/06/24
Committee: LIBE
Amendment 114 #

2020/2022(INI)

Motion for a resolution
Paragraph 4
4. Recalls that illegal content online should not only bebe just removed by online platforms, but should be followed up by law enforcement and, where needed, the judiciary; finds, in this regard, that a key issue in some Member States is not that they just have unresolved cases but rather unopened ones; calls for barriers to filing complaints with competent authorities to be removed; is convinced that, given the borderless nature of the internet and the fast dissemination of illegal content online, cooperation between service providers and national competent authorities should be improvedalso unopened ones;
2020/06/24
Committee: LIBE
Amendment 117 #

2020/2022(INI)

Motion for a resolution
Paragraph 4 – subparagraph 1 (new)
Is convinced that, given the borderless nature of the internet and the fast dissemination of illegal content online, cooperation between service providers and national competent authorities should be improved;
2020/06/24
Committee: LIBE
Amendment 122 #

2020/2022(INI)

Motion for a resolution
Paragraph 5
5. Acknowledges the fact that, while the illegal nature of certain types of content can be easily established, the decision is more difficult for other types of content as it requires contextualisation; warns that some automated tools are not sophisticated enough to take contextualisation into account, which could lead to unnecessary restrictions being placed on the freedom of expressionreminds in this regard of the incapacity of current automated tools in grasping the importance of context for specific pieces of content, underlines that algorithms are not currently capable of critical analysis, and takes therefore the view that the Digital Services Act should not contain any obligation for compulsory use of automated tools in content moderation; believes that any voluntary automated measures put in place by the content hosting platforms should be subject to extensive human oversight and to full transparency of design and performance;
2020/06/24
Committee: LIBE
Amendment 134 #

2020/2022(INI)

Motion for a resolution
Paragraph 7
7. Strongly believes that the current EU legal framework governing digital services should be updated with a view to addressing the challenges posed by new technologies such as the prevalence of all- encompassing profiling and algorithmic decision-making that permeates all areas of life, and ensuring legal clarity and respect for fundamental rights; considers that the reform should build on the solid foundation of and full compliance with existing EU law, especially the General Data Protection Regulation and the Directive on privacy and electronic communications;
2020/06/24
Committee: LIBE
Amendment 139 #

2020/2022(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Highlights that the practical capacity of individuals to understand and navigate the complexity of the data ecosystems in which they are embedded is extremely limited, as is their ability to identify whether the information they receive and services they use are made available to them on the same terms as to other users; Calls on the Commission therefore to place transparency and non- discrimination at the heart of the Digital Services Act;
2020/06/24
Committee: LIBE
Amendment 143 #

2020/2022(INI)

Motion for a resolution
Paragraph 8
8. Deems it indispensable to have the widest-possiblefull harmonisation of rules on liability exemptions and content moderation at EU level to guarantee the respect of fundamental rights and the freedoms of users across the EU; expresses its concern that recent national laws to tackle hate speech and disinformation lead to a fragmentation of rules;
2020/06/24
Committee: LIBE
Amendment 148 #

2020/2022(INI)

Motion for a resolution
Paragraph 9
9. Calls, to this end, for legislative proposals that keepthat the digital single market is kept open and competitive by requiring digital service providers to apply effective, coherent, transparent and fair procedures andwith robust procedural safeguards to remove illegal content in line with European values; firmly believes that this should be harmonised within the digital single marketvia a harmonised notice-and-action procedure in line with European legislation;
2020/06/24
Committee: LIBE
Amendment 155 #

2020/2022(INI)

Motion for a resolution
Paragraph 10
10. Believes, in this regard, that online platforms that are actively hosting or moderating content should bear more, yet proportionate, responsibility for the infrastructure they provide and the content on it; emphasises that this should be achieved without resorting toit is crucial for online platforms to have clarity provided for by setting clear rules, requirements and safeguards for a harmonised notice-and-action procedure; emphasises that any measure put in place for the removal of illegal content cannot constitute or imply a general monitoring requirements;
2020/06/24
Committee: LIBE
Amendment 162 #

2020/2022(INI)

Motion for a resolution
Paragraph 11
11. Highlights that this should include rules on the notice-and-action mechanisms and requirements for platforms to take proactive measures that are proportionate to their scale of reach and operational capacities in order to address the appearance of illegal content on their services; supports a balanced duty-of-care approach, based on an assessment of the risks incurred by the platforms and likely to encourage them to take proactive measures, and a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights, including the freedom of expression;
2020/06/24
Committee: LIBE
Amendment 167 #

2020/2022(INI)

Motion for a resolution
Paragraph 12
12. Stresses the need for appropriate safeguards and due process obligations, including human oversight and verification, in addition to counter notice procedures, to ensure that removal or blocking decisions are accuratelegal, well- founded and respect fundamental rights; recalls that the possibility of judicial rwhile counter-notice proceduress should be mad, complaint mechanisms and out-of-court dispute settlements can be availuable to satisfy the right to effectiveols in protecting fundamental rights of the users of digital services, they cannot preclude access to effective judicial redress and remedy;
2020/06/24
Committee: LIBE
Amendment 178 #

2020/2022(INI)

Motion for a resolution
Paragraph 13
13. Supports limited liability for contentexemption for all types of intermediaries and the country of origin principle, butand considers improved coordination for removal requests between national competent authorities to be essential; emphasises that such orders should be subject to legal safeguards in order to prevent abuse and ensure full respect of fundamental rights; stresses that sanctions should apply only to those service providers that fail to comply with legitimate orders;
2020/06/24
Committee: LIBE
Amendment 192 #

2020/2022(INI)

Motion for a resolution
Paragraph 14
14. Believes that the terms of services of digital service providers should be clear, transparent and fair; deplores the fact that some terms of servrecalls that any take- down-notices from content platforms do not allow law enforcement to use non-personal accounts, which poses a threat both to possible investigations and to personal safetyan authority has to always be based on law, not on the terms of service of the service providers;
2020/06/24
Committee: LIBE
Amendment 195 #

2020/2022(INI)

Motion for a resolution
Paragraph 15
15. Underlines that certain types of legal, yet harmful, content should also be addressed to ensure a fair digital ecosystem; expects guidelines to include increased transparency rules on content moderation or political advertising policy to ensure that removals and the blocking of harmful content are limited to the absolute necessarye need to regulate content curation and tracking-based targeted advertisement through giving more choice and control to users; emphasises that users should be able to choose to opt out completely of any content curation, decide whether to opt in to tracking, and have more options on the way content is ranked to them, including a ranking outside their ordinary content consumption habits; strongly believes that the design and performance of such recommendation systems should be subject to full transparency, presented in a user-friendly manner;
2020/06/24
Committee: LIBE
Amendment 205 #

2020/2022(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Highlights how the personalisation of informational environments that data- driven profiling makes possible brings with it new capacities to manipulate individuals in subtle, yet highly effective ways; underlines that when the profiling is deployed at scale for political micro targeting to manipulate voting behaviour, it can seriously undermine the foundations of democracy; therefore expects the Commission to provide guidelines on the use of such persuasive digital technologies in electoral campaigns and political advertising policy;
2020/06/24
Committee: LIBE
Amendment 208 #

2020/2022(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Is concerned of platforms and services that deliberately lock in their users onto that specific platform, thus amplifying their dominant market power and their ability to profile their users even more thoroughly, creating extremely invasive and revealing profiles of their users; calls therefore on the Commission to guarantee the interoperability of digital services; considers in this regard the application programming interfaces (APIs), enabling a user to interconnect between platforms and to import content moderation rules on the content they view on a platform, to be useful tools in bringing true interoperability to users and thus increasing their options to choose between different kinds of recommendation systems and services;
2020/06/24
Committee: LIBE
Amendment 210 #

2020/2022(INI)

Motion for a resolution
Paragraph 15 c (new)
15c. Notes that policies for monetisation of content affect what kind of content is seen by users and therefore finally also what kind of content will be uploaded by users; calls therefore for online content hosting platforms to be required to have transparent, non- discriminatory content demonetisation policies in order to guarantee fully the right to freedom of expression online;
2020/06/24
Committee: LIBE
Amendment 211 #

2020/2022(INI)

Motion for a resolution
Paragraph 16
16. Deems that accountability- andUnderlines the wedge between the speed and capacity of machines relative to the capacity of humans to monitor these machines; therefore deems that accountability always lies with the human overseers - and calls for evidence-based policy making, requiresing robust data on the prevalence and removal of illegal content online, in order to ensure a transparent system that can be trusted by all;
2020/06/24
Committee: LIBE
Amendment 220 #

2020/2022(INI)

Motion for a resolution
Paragraph 17
17. Calls, in this regard, for a regular public reporting for large commercial obnligation for platforms, proportionate to their scale of reach and operational capacitiesne platforms to make their procedures and decisions to remove content publicly available;
2020/06/24
Committee: LIBE
Amendment 224 #

2020/2022(INI)

Motion for a resolution
Paragraph 18
18. Calls, moreover, for a regular public reporting obligation for national authorities on their requests for deletion of illegal content from digital platforms;
2020/06/24
Committee: LIBE
Amendment 226 #

2020/2022(INI)

Motion for a resolution
Paragraph 19
19. Expresses its concern regarding the fragmentation of public oversight and supervision of platforms and the frequentdocumented lack of financial and human resources for the supervision and oversight bodies needed to properly fulfil their tasks; calls for increased cooperation with regard to regulatory oversight of digital services;
2020/06/24
Committee: LIBE
Amendment 228 #

2020/2022(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Considers that in order to guarantee proper enforcement of the Digital Services Act, the oversight of compliance with this Act should be entrusted in an independent authority, while any decisions relating to content should always remain with the judiciary; emphasises in this regard that sanctioning for non-compliance with the Digital Services Act should be based on an assessment of a clearly defined set of factors, such as proportionality, technical and organisational measures and negligence, and the resulting sanctions should be based on a percentage of the annual global turnover of a company;
2020/06/24
Committee: LIBE
Amendment 230 #

2020/2022(INI)

Motion for a resolution
Paragraph 20
20. Supports the creation of an independent EU body to exercise effective oversight of compliance with the applicable rules; believes that it should enforce procedural safeguards and transparency and provide quick and reliable guidance on contexts in which legal content is to be considered harmful;deleted
2020/06/24
Committee: LIBE
Amendment 236 #

2020/2022(INI)

Motion for a resolution
Paragraph 21
21. Considers that the transparency reports drawn up by platforms and national competent authorities should be made available to this EU body, which should be tasked with drawing up yearly reports that provide a structured analysis of illegal content removal and blocking at EU level;deleted
2020/06/24
Committee: LIBE
Amendment 243 #

2020/2022(INI)

Motion for a resolution
Paragraph 22
22. Stresses that this EU body should not take on the role of content moderator, but that it should analyse, upon complaint or on its own initiative, whether and how digital service providers amplify illegal content; calls for this regulator to have the power to impose proportionate fines or other corrective actions when platforms do not provide sufficient information on their procedures or algorithms in a timely manner;deleted
2020/06/24
Committee: LIBE
Amendment 257 #

2020/2022(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Emphasises the indispensability of agreed standards of essential security in cyberspace in order for digital services to provide their full benefits to citizens; notes therefore the urgent need for Member States to take coordinated action to ensure basic cyber hygiene and to prevent avoidable dangers in cyberspace, including through legislative measures;
2020/06/24
Committee: LIBE
Amendment 2 #

2020/2012(INL)

Draft opinion
Paragraph 1
1. Highlights that the security and defence policies of the European Union and its Member States are guided by the principles enshrined in the European Charter of Fundamental Rights and those of the United Nations Charter, and by a common understanding of the universal values of the inviolable and inalienable rights of the human person, of freedom, of democracy, of equality and of the rule of law; highlights that all defence- related efforts within the Union framework must respect these universal values whilst promoting peace, security and progress in Europe and in the world;
2020/05/11
Committee: AFET
Amendment 7 #

2020/2012(INL)

Draft opinion
Paragraph 2
2. Stresses that a Union framework regulating the use of artificial intelligence (AI)-enabled systems in defence must respect all applicable legal regimes, in particular the international humanitarian law and the international human rights law, and be in compliance with Union law, principles and values; stresses that the EU should play a global role in leading the way towards a credible and binding AI regulatory agenda rooted in democratic values; calls on the Union to assess the inherent AI-related risks with regard to the application of Union law, and foresee necessary adjustment and enforcement where needed; underlines that emerging technologies not covered by international law should be judged by the principle of humanity and the dictates of public conscience; underlines that the ethics of AI-enabled systems in defence must be assessed from the point of view of Human rights, and notably human safety, health and security, freedom, privacy, integrity and dignity;
2020/05/11
Committee: AFET
Amendment 14 #

2020/2012(INL)

Draft opinion
Paragraph 2 a (new)
2a. Emphasises that the geographical scope of such a framework should cover all the components of artificial intelligence, robotics and related technologies developed, deployed or used in the Union, including in cases where part of the technologies might be located outside the Union or not have a specific location;
2020/05/11
Committee: AFET
Amendment 36 #

2020/2012(INL)

Draft opinion
Paragraph 4
4. Highlights that, based on a human- centric approach, the Unionwhereby technology fully respects Human Rights and humans retain authority over automated decision- making systems, the Union needs a robust AI regulatory framework focused on security and defence, followsing a path of responsibility, of protecting our citizens, and of defending our values, that its policies aim at preserving peace, preventing conflicts and strengthening international security, whilst seizing the opportunities that those technologies offer;
2020/05/11
Committee: AFET
Amendment 47 #

2020/2012(INL)

Draft opinion
Paragraph 5
5. Underlines that the Union must be at the forefront of mastering those technologies by establishing well defined processes for their use, for understanding the related ethical aspects and for fostering an effective international regulatory framework that contains the inherent risks of these technologies and prevents use for malicious purposes; the Union working together with the Member States must determine the appropriate liability regimes applicable to innovations in AI and other immersive technologies in the field of security and defence thus establishing a legal basis for accountability and traceability mechanisms, those include in particular unintended harm to persons, be it material or immaterial, such as breach of fundamental rights;
2020/05/11
Committee: AFET
Amendment 57 #

2020/2012(INL)

Draft opinion
Paragraph 6
6. Stresses that for any defence application of AI enabled systems, the Union should set technical and organisational standards to ensure their resilience against cyber-attacks and digital influence, as well as their compliance with the highest possible trustworthiness standards as regards the collection and exploitation of operational datareliability standards, active monitoring and supervision as regards the collection and exploitation of operational data; AI systems and applications intended to extract and synthesise data, and extrapolate results therefrom to inform decisions for matters relating to defence and national security, must be specific in scope and comply with the provisions set out in the current regulatory framework in terms of gathering and processing data; stresses that AI applications designed to process data for intelligence purposes in defence related activities should comply with data processing standards to avoid risks of unintended surveillance or infringement of individual rights; believes that for high-risk applications of AI-enabled technologies like facial recognition which lack a definitive regulatory framework at the EU level, the Union must ensure that their development and deployment is rightful, proportional and respects the rights of individuals; stresses the importance of monitoring competent national law enforcement authorities which develop and deploy AI-enabled systems and technologies to maintain public order so as to mitigate the disproportional risks of predictive policing;
2020/05/11
Committee: AFET
Amendment 68 #

2020/2012(INL)

Draft opinion
Paragraph 7
7. Highlights the need to adopt clear safety and security provisions and requirements, with proper certifications, for AI-systems in defence, and carry ourt constant monitoring, regular tests and verifications across the entire life cycle; underlines the necessity of ensuring compliance with applicable standards and obtained certifications where AI modifies e.g. through machine learning the functionality and behaviour of systems in which it is integrated, in order to ensure full traceability of decisions made with involvement of AI;
2020/05/11
Committee: AFET
Amendment 81 #

2020/2012(INL)

Draft opinion
Paragraph 8
8. Stresseds that all AI-systems in defence must have a concrete and well- defined domain of use and must be endowed withwhereby humans retain the abilitgency to detect and, disengage or diseactivate deployed systems should they move from their domain of use or engage in any escalatory or unintended action;
2020/05/11
Committee: AFET
Amendment 85 #

2020/2012(INL)

Draft opinion
Paragraph 9
9. Underlines that the entire responsibility for the decision to design, develop, deploy and use AI-systems must rest on human operators and, as there must be meaningful human control over any weapons system and human intent in the decision to use force; underlines that the human-in- the-loop principle must also be applied to the command and control of AI- enabled systems; stresses that AI-enabled systems must allow the military leadership to assume its full responsibility and exercise the necessary level of judgmentaccountability for the use of lethal force and exercise the necessary level of judgment, which cannot be endowed to machines as it must be based on distinction, proportionality and precaution, for taking lethal or large-scale destructive action bey means of such systems; recalls in this respect its position on a ban on the development, production and use of fully autonomous weapons systems enabling strikes to be carried out without meaningful human intervention;
2020/05/11
Committee: AFET
Amendment 94 #

2020/2012(INL)

Draft opinion
Paragraph 9 a (new)
9a. Stresses that the EU must take the lead in promoting the establishment of international norms regarding the ethical and legal parameters of the development and use of fully autonomous, semi- autonomous and remotely operated lethal weapons systems; Member States should develop national strategies for the definition, status and use of lethal autonomous weapons (LAWs) towards a comprehensive strategy on the EU level;
2020/05/11
Committee: AFET
Amendment 103 #

2020/2012(INL)

Draft opinion
Paragraph 10
10. Underlines that the Union must promote understanding of the military implications of AI, of robotics and of autonomy; considers that the Union needs to promote the acquisition of the necessary skills and knowledge on technology development processes and operational methods throughout the supply chain and over the full lifecycle of AI-enabled military capabilities;
2020/05/11
Committee: AFET
Amendment 116 #

2020/2012(INL)

Draft opinion
Paragraph 11
11. Stresses the need to overcome the current fragmentation within the Union as regards national AI-related law, research, innovation and expertise in the area of AI, which puts in jeopardyendangers the functioning of the internal market and the objective to ensure trustworthyreliable and secure development of AI in Europe; in this respect welcomes the inclusion of AI- related projects under the European Industrial Development Programme (EDIDP); believes that the future European Defence Fund (EDF) and the Permanent structured cooperation (PESCO) also offer well adapted frameworks for future AI- related projects that would help to better streamline Union efforts in this field; stresses that AI-related projects should be synchronized with the wider EU civilian programmes devoted to AI; notes that in line with the European Commission’s White Paper on AI (COM2020/65final) excellence and testing centres concentrating on research and development of AI in the field of security and defence should be established with vigorous specifications underpinning the participation of and investment from private stakeholders;
2020/05/11
Committee: AFET
Amendment 121 #

2020/2012(INL)

Draft opinion
Paragraph 11 a (new)
11a. Emphasises that the development of AI that respects fundamental rights and supports the public interest requires the strategic pooling and sharing of data in the EU between private and public entities, as well as the strengthening of an EU AI ecosystem, which involves public, private, and civil society stakeholders; calls on the European Commission to foster dialogue among Member States, researchers, academics, civil society actors and the private sector so as to have inclusive policymaking processes when it comes to defence-related AI regulations;
2020/05/11
Committee: AFET
Amendment 133 #

2020/2012(INL)

Draft opinion
Paragraph 12
12. Calls on the European Commission and on the VP/HR to present, also as part of an overall approach, a sectoral AI strategy for defence-related activities within the Union framework, that ensures both respect for citizens’ rights and EU’s strategic interests that should propose a consistent regulatory approach spanning from the inception of AI-enabled systems to their military uses; calls on these regulatory efforts to be supported by meaningful monitoring schemes, so that normative frameworks are not outplaced by technological development and new methods of warfare; calls on the Council, the European Commission and on the VP/HR to enter in a structured dialogue with the European Parliament to that end.
2020/05/11
Committee: AFET
Amendment 39 #

2020/2003(INI)

Motion for a resolution
Paragraph -1 (new)
-1. Underlines that maintaining a defence industry serves as part of the self- defence of the Union and is a component of its strategic autonomy; notes that it is only possible if Member States give priority to European products in their equipment programs; stresses that a viable European market would reduce dependency on arms exports to third countries;
2020/05/06
Committee: AFET
Amendment 185 #

2020/2003(INI)

Motion for a resolution
Paragraph 17
17. Notes that under the EPF, Member States and the European External Action Service (EEAS) will work on creating an EU-level system for arms transfers to third countries; asks for a detailed list of equipment transferred to third countries under the Facility to be published;
2020/05/06
Committee: AFET
Amendment 253 #

2020/2003(INI)

Motion for a resolution
Paragraph 21 – point c
c) to undertake a joint assessment of country situations or potential export recipients in the light of the principles and criteria of the Common Position within the framework of the CFSP and in consultation with external stakeholders, including Parliament; to regularly update list of third countries complying with the criteria as led down in the Common Position;
2020/05/06
Committee: AFET
Amendment 284 #

2020/2003(INI)

Motion for a resolution
Paragraph 25
25. Believes that the increasing Europeanisation of arms production, the recent Council conclusions on convergence in arms exports and the establishment of the EPF should be complemented by a mechanism for EU-level monitoring and control based on strict compliance with the eight criteria; calls on steps to be taken for the setting-up of an EU mechanism of sanctions for Member States infringing the Common Position;
2020/05/06
Committee: AFET
Amendment 298 #

2020/2003(INI)

Motion for a resolution
Paragraph 26
26. Considers that regular consultations with the European Parliament, national parliaments, arms export control authorities, industry associations and civil society are central to meaningful transparency; calls on national parliaments to exchange best reporting and oversight practices in order to enhance the scrutinising role of all national parliaments in the decisions on arms control exports; calls on COARM to enhance dialogue with civil society and consultations with Parliament and arms export control authorities; encourages civil society and academia to exercise independent scrutiny of the arms trade and calls on the Member States and the EEAS to support such activities, including by financial means;
2020/05/06
Committee: AFET
Amendment 13 #

2020/2002(INI)

Motion for a resolution
Citation 6 a (new)
- having regard to the United Nations Sustainable Development Goals, and with special attention to SDG 16, aiming at the promotion of peaceful and inclusive societies for sustainable development,
2020/05/07
Committee: AFET
Amendment 16 #

2020/2002(INI)

Motion for a resolution
Citation 6 b (new)
- having regard to the United Nations Secretary General’s appeal for a global ceasefire in the context of the Covid-19 pandemic,
2020/05/07
Committee: AFET
Amendment 35 #

2020/2002(INI)

Motion for a resolution
Recital A
A. whereas security is a precondition for development; whereas human security is a precondition for lasting peace and stability; whereas a strong nexus between security, development, and humanitarian intervention is essential for the sustainable development of the Sahel, West Africa and Horn of Africa regions; whereas without development and poverty eradication, there will be no sustainable peace; whereas in order to ensure its security and sustainable development, each country must have or acquire adequate capacities in all essentialkey sectors, including security and defence and whereas this will not only stabilise that country, but will also enable it to contribute constructively to peace, stability and crisis prevention in its region;
2020/05/07
Committee: AFET
Amendment 52 #

2020/2002(INI)

Motion for a resolution
Recital B
B. whereas from the Atlantic Ocean in the west to the Red Sea and the Indian Ocean in the east, Africa is struggling to contend with challenges, such as historical underdevelopment compounded by the destrucabilisation of the traditional agro- pastoral economy as a result of climate change, population growth and pressure on the natural and environmental resources such as deforestation; whereas another major challenge is the emergence of new forms of mafia economy, including human and drug trafficking and the uncontrolled export of gold deposits, which, combined with the abandonment, inefficiency and corruption of theweak governance, rising inequalities and lack of trust in governments and public administration, is producing a hybridisation between terrorist groups, traffickers and traditional community and regional conflicts, with the phenomenon of jihadist religious extremism appearing as a false response for the societies concerned;
2020/05/07
Committee: AFET
Amendment 70 #

2020/2002(INI)

Motion for a resolution
Recital C
C. whereas poverty and insecurity feed off each other and push young people to migrate to Europe in search of a better life, impoverishing states by depriving them of their best human resourcescombined with other factors such as bad governance, corruption and lack of employment opportunities, particularly affect young people and the possibilities given to them, thus pushing many to migrate;
2020/05/07
Committee: AFET
Amendment 100 #

2020/2002(INI)

Motion for a resolution
Recital F
F. whereas the EU is also supporting the establishment and operationalisation of the G5 Sahel Joint Force;
2020/05/07
Committee: AFET
Amendment 109 #

2020/2002(INI)

Motion for a resolution
Recital G
G. whereas after years of training, the above-mentioned EU missions have been hampered in their sustainability and effectiveness due to restrictions on their mandate, training programmes, and a lack of basic equipment, including weapons, ammunition and vehiclessustainability plans and local ownership;
2020/05/07
Committee: AFET
Amendment 118 #

2020/2002(INI)

Motion for a resolution
Recital H
H. whereas these restrictions have allowed third countries, notably Russia, China and Turkey, to fill the void left by the European Union by supplying such equipment have increased their supply of weapons and ammunitions to countries of the region;
2020/05/07
Committee: AFET
Amendment 128 #

2020/2002(INI)

Motion for a resolution
Recital I
I. whereas neither the Somali army, nor the Malian army norand the Central African Armed Forces (FACA) have been able to contribute effectively to the fight against jihadistare struggling to fight effectively against terrorists and armed groups or hold and secure the ground cleared with the aid of friendly international forces, the result being that the local populations feel abandoned and fear being accused of collaborating with the government by the jihadists or the armed groups in the CAR once they return and reoccupy the space from which they were expelled;
2020/05/07
Committee: AFET
Amendment 138 #

2020/2002(INI)

Motion for a resolution
Recital J
J. whereas after years of involvement in the above-mentioned civil and military missions, the general situation has become worse and worsenot improved significantly and a new and comprehensive strategy therefore needs to be implemented;
2020/05/07
Committee: AFET
Amendment 171 #

2020/2002(INI)

Motion for a resolution
Paragraph 1
1. Considers that the European Union must coordinate the development and, security and humanitarian initiatives in which it is involved as part of an integrated strategy; considers that the African Union and African States from the region are key partners with which the EU is meaningfully engaged in order to jointly achieve sustainable development and human security; considers that the EU- Africa security cooperation must be based on human rights and humanitarian law and must respect the do-no-harm principle; considers that a security strategy for the Sahel, West Africa and Horn of Africa regions must first and foremost lie on addressing the root causes of the conflicts in the region, and notably the deep inequalities;
2020/05/07
Committee: AFET
Amendment 201 #

2020/2002(INI)

Motion for a resolution
Paragraph 3
3. Calls for the revision of Article 3a(4)(b) and (c) of Regulation (EU) No 230/2014 in the light of the grave and profound degradation in the security conditions in the region and in order to fill any gaps in EU missions and projects with a view to supporting the capacity- building of partners in the security sector, including through funding for military spending and the provision of weapons, ammunition or lethal equipment, transport and training essential for improving the combat capability of African armed forces fighting against jihadism; supports the Joint Communication of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 28 April 2015 entitled ‘Capacity building in support of security and development – Enabling partners to prevent and manage crises’4 ; _________________ 4 JOIN(2015)0017.Welcomes the proposal for a new Neighbourhood, Development and International Cooperation Instrument;
2020/05/07
Committee: AFET
Amendment 218 #

2020/2002(INI)

Motion for a resolution
Paragraph 4
4. Calls on the VP/HR to propose a Council decision on the establishment of a specific service to oversee the supply and use of such equipment and training; calls for funding from the EU budget to be provided for the administrative expenditure arising from that Council decision, including for personnel; calls on the Council to charge the Member States for the expenditure arising from the supply and use of such equipment and training; calls on the Member States that do not participate in funding the supply and use of such material to abstain from the vote in the Council;
2020/05/07
Committee: AFET
Amendment 227 #

2020/2002(INI)

Motion for a resolution
Paragraph 5 – introductory part
5. Considers that the sustainability and effectiveness of EU civilian and military missions in Africa have been hampered by the lack of of local ownership, sustainability plans and basic equipment in the countries affected and that it is therefore necessary:
2020/05/07
Committee: AFET
Amendment 236 #

2020/2002(INI)

Motion for a resolution
Paragraph 5 – point a
a) for the EU budget be large enough to effectively address the current challenges relating to training and military equipment (including weapons, munitions and transport)equipment;
2020/05/07
Committee: AFET
Amendment 243 #

2020/2002(INI)

Motion for a resolution
Paragraph 5 – point b
b) to adapt the APF in order to overcome the current limitations on the acquisition of arms and munitionsput in place the proposed European Peace Facility, with full respect for the Common Position, for Human rights and humanitarian law, and with effective transparency provisions such as the publication of a detailed list of military equipment provided to partner countries under the Facility;
2020/05/07
Committee: AFET
Amendment 270 #

2020/2002(INI)

Motion for a resolution
Paragraph 9
9. Recommends that any financing of capacity-building operations for African countries is conditional on an action plan, which includes training on security sector reform, human rights, international humanitarian law, and the rule of law, with reasonable deadlines with the possibility of further adjustments depending on the evolution of the situation;
2020/05/07
Committee: AFET
Amendment 300 #

2020/2002(INI)

Motion for a resolution
Paragraph 10 – point d a (new)
d a) putting in place a Human Rights monitoring mechanism to prevent Human Rights violations;
2020/05/07
Committee: AFET
Amendment 307 #

2020/2002(INI)

Motion for a resolution
Paragraph 11
11. Believes that the EU must conduct a comprehensive evaluation, and put in place proper monitoring systems and oversight, of the EUCAP Sahel Mali, EUCAP Sahel Niger, EUCAP Somalia and EUAM CAR civilian missions, adapting them to real needs in order to make them fully operational and effective;
2020/05/07
Committee: AFET
Amendment 313 #

2020/2002(INI)

Motion for a resolution
Paragraph 12
12. Considers that the Government of Somalia is unable to perform its duties and that the Somali army is also unable to counter al-Shabab’s terrorist activities and is not yet ready to take over from AMISOM; recalls that the Somali army waRecalls that the Somali army is supposed to take over from AMISOM in December 2021; underlines that the achievement of that objective requires a new and comprehensive assistance programme to the government and the army of Somalia;
2020/05/07
Committee: AFET
Amendment 324 #

2020/2002(INI)

Motion for a resolution
Paragraph 15
15. Calls for the EU to help the joint forces of the G5 Sahel to become operational through the direct provision of financial assistance for the acquisition of adequate weapons and military equipment; calls on the partners who made pledges at the Brussels Donors’ Conference on 22 February 2018 to implement them expeditiously;
2020/05/07
Committee: AFET
Amendment 336 #

2020/2002(INI)

Motion for a resolution
Paragraph 17
17. Supports the African Union request to the United Nations Security Council for the G5 Sahel joint force and AMISON to be placed under Chapter VII of the UN Charter in order to benefit from sustainable funding;
2020/05/07
Committee: AFET
Amendment 386 #

2020/2002(INI)

Motion for a resolution
Paragraph 22
22. States that there can be no security strategy without joint developmentsustainable development and humanitarian action;
2020/05/07
Committee: AFET
Amendment 390 #

2020/2002(INI)

Motion for a resolution
Paragraph 23
23. Believes that the European Union should ensure that sustainable development plans are multi-sectoral and provide a global solution to the challenges of the region concerned; stresses that an integrated approach to peace, security and sustainable development requires the meaningful involvement of local civil society actors, and especially of women and young people; is of the opinion that these plans must be adopted by the administration in agreement with the local beneficiary communities and implemented with the participation of humanitarian organisations and local civil society organisations to ensure effective coordination and ownership;
2020/05/07
Committee: AFET
Amendment 402 #

2020/2002(INI)

Motion for a resolution
Paragraph 25 – introductory part
25. Considers that the development of Africa should bea meaningful security cooperation between the EU and Africa must be built upon sustainable development, and especially focused on:
2020/05/07
Committee: AFET
Amendment 407 #

2020/2002(INI)

Motion for a resolution
Paragraph 25 – point a
a) consolidating democracy by ensuring a real parliamentary system, its institutions and the rule of law, guaranteeing all civil society liberties;
2020/05/07
Committee: AFET
Amendment 410 #

2020/2002(INI)

Motion for a resolution
Paragraph 25 – point a a (new)
a a) ending conflicts and preventing their recurrence while addressing their root causes in order to achieve long lasting peace and security;
2020/05/07
Committee: AFET
Amendment 415 #

2020/2002(INI)

Motion for a resolution
Paragraph 25 – point b
b) empowering women by recognising them as agents of change and their role as the centre of gravity ofin African families andhouseholds and communities, promoting their participation in local and national institutions; and decision-making, and fostering their role in peace-building, conflict prevention and mediation;
2020/05/07
Committee: AFET
Amendment 428 #

2020/2002(INI)

Motion for a resolution
Paragraph 25 – point c
c) providing basic services such as food security, health, and education to increase people’s confidence in the stateccess to basic hygiene, social protection and education;
2020/05/07
Committee: AFET
Amendment 434 #

2020/2002(INI)

Motion for a resolution
Paragraph 25 – point d
d) ensuring administrative and legal stability and fighting poverty and corruption;
2020/05/07
Committee: AFET
Amendment 449 #

2020/2002(INI)

Motion for a resolution
Paragraph 26
26. Expresses its deep concern that the current security crisis in Africa could lead to a massive displacement of the population, undermining North African states and affecting Europe;
2020/05/07
Committee: AFET
Amendment 470 #

2020/2002(INI)

Motion for a resolution
Paragraph 27
27. Considers it essential to provide extraordinary assistance to the regions concerned in view of the extraordinary challenge presented by the COVID-19 pandemic and to adapt current programmes and projects to this new challenge by demonstrating flexibility and adaptability to the situation;
2020/05/07
Committee: AFET
Amendment 475 #

2020/2002(INI)

Motion for a resolution
Paragraph 28
28. Recommends that the EU, together with the International Monetary Fund and the World Bank, intervenes on a financial level to help control debt and the payment of interest; calls for all possibilities to be explored, in view of the COVID-19 pandemic and its consequences, for debt relief, debt suspension and debt sustainability for African countries;
2020/05/07
Committee: AFET
Amendment 54 #

2020/1998(BUD)

Draft opinion
Paragraph 6 b (new)
6b. Regrets the low level of funding for heading 5, and in particular for the European Defence Fund and for military mobility; calls for a significant increase of funding so as to meet the ambition of the EU in the defence area;
2020/09/23
Committee: AFET
Amendment 13 #

2020/0365(COD)

Proposal for a directive
Recital 2
(2) Despite existing measures at 19 19 Union and national level aimed at supporting the protection of critical infrastructures in the Union, the entities operating those infrastructures are not adequately equipped to address current, potential and anticipated future risks to their operations that may result in disruptions of the provision of services that are essential for the performance of vital societal functions or economic activities. This is due to an increasingly challenging security environment, with multi-faceted threats the Union is facing in a highly multipolar world with unreliable global actors, a dynamic threat landscape with an evolving terrorist threat and growing global interdependencies between infrastructures and sectors, as well as an increased physical risk due to natural disasters and climate change, which increases the frequency and scale of extreme weather events and brings long- term changes in average climate that can reduce the capacity and efficiency of certain infrastructure types if resilience or climate adaptation measures are not in place. Moreover, relevant sectors and types of entities are not recognised consistently as critical in all Member States. _________________ 19European Programme for Critical Infrastructure Protection (EPCIP).
2021/06/23
Committee: AFET
Amendment 18 #

2020/0365(COD)

Proposal for a directive
Recital 3
(3) Those growing interdependencies are the result of an increasingly cross- border and interdependent network of service provision using key infrastructures across the Union in the sectors of energy, transport, banking, financial market infrastructure, digital infrastructure, drinking and waste water, health, certain aspects of public administration, as well as space in as far as the provision of certain services depending on ground-based infrastructures that are owned, managed and operated either by Member States or by private parties is concerned, therefore not covering infrastructures owned, managed or operated by or on behalf of the Union as part of its space programmes. These interdependencies mean that any disruption, even one initially confined to one entity or one sector, can have cascading effects more broadly, potentially resulting in far-reaching and long-lasting negative impacts in the delivery of services across the internal market. The COVID-19 pandemic has shown the vulnerability of our increasingly interdependent societies in the face of low-probability risk- high impact risks and the crucial importance to secure our supply chain of inter alia raw materials, chemicals, pharmaceutical products, that are essential to many critical infrastructure sectors.
2021/06/23
Committee: AFET
Amendment 23 #

2020/0365(COD)

Proposal for a directive
Recital 8
(8) Given the importance of cybersecurity for the resilience of critical entities and in the interest of consistency, a coherent approach between this Directive and Directive (EU) XX/YY of the European Parliament and of the Council20 [Proposed Directive on measures for a high common level of cybersecurity across the Union; (hereafter “NIS 2 Directive”)] is necessary wherever possible. In view of the higher frequency and particular characteristics of cyber risks and the growing number of cyber attacks and cyber enabled incidents led by hostile state and non state actors, the NIS 2 Directive imposes comprehensive requirements on a large set of entities to ensure their cybersecurity. Given that cybersecurity is addressed sufficiently in the NIS 2 Directive, the matters covered by it should be excluded from the scope of this Directive, without prejudice to the particular regime for entities in the digital infrastructure sectorapply coherently and consistently with this Directive, whenever possible and necessary. _________________ 20[Reference to NIS 2 Directive, once adopted.]
2021/06/23
Committee: AFET
Amendment 24 #

2020/0365(COD)

Proposal for a directive
Recital 8 a (new)
(8 a) As climate change is leading to an increase in the frequency, intensity and complexity of natural disasters which can result in a disruption of essential services or the destruction of essential infrastructure with a significant cross- sectoral or transboundary effects, a coherent approach between this Directive and Decision No 1313/2013/EU of the European Parliament and the Council1a, as amended, is necessary especially on issues covering preparedness and response actions. _________________ 1aDecision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).
2021/06/23
Committee: AFET
Amendment 26 #

2020/0365(COD)

Proposal for a directive
Recital 11
(11) The actions of Member States to identify and help ensure the resilience of critical entities should follow a risk-based approach that targets efforts to the entities most relevant for the performance of vital societal functions or economic activities. In order to ensure such a targeted approach, each Member State should carry out, within a harmonised framework, an assessment of all relevant natural and man- made risks that may affect the provision of essential services, including accidents, natural disasters, public health emergencies such as pandemics, and antagonistic threats, including terrorist offences, foreign interferences and malicious disinformation campaigns, as well as CBRN threats. When carrying out those risk assessments, Member States should take into account other general or sector- specific risk assessment carried out pursuant to other acts of Union law, especially under Decision No 1313/2013/EU of the European Parliament and the Council1a and should consider the dependencies between sectors, including from other Member States and third countries. The outcomes of the risk assessment should be used in the process of identification of critical entities and to assist those entities in meeting the resilience requirements of this Directive. _________________ 1aDecision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).
2021/06/23
Committee: AFET
Amendment 30 #

2020/0365(COD)

Proposal for a directive
Recital 24
(24) The risk of employees of critical entities misusing for instancemisuse of their access rights within the critical entity’s organisation to harm and cause damage is of increasing concern. That risk is exacerbated by the growing phenomenon of, especially in the context of growing foreign interference, malicious disinformation and radicalisation which could leading to violent extremism and terrorism. It is therefore necessary to enable critical entities to request background checks on persons falling within specific categories of its personnel, while fully respecting their fundamental rights, labour law and data protection and privacy, ruling out any discrimination of biased recruitment procedures, and to ensure that those requests are assessed expeditiously by the relevant authorities, in accordance with the applicable rules of Union and national law, including on the protection of personal data.
2021/06/23
Committee: AFET
Amendment 34 #

2020/0365(COD)

Proposal for a directive
Recital 29
(29) In order to achieve the objectives of this Directive, and without prejudice to the legal responsibility of Member States and critical entities to ensure compliance with their respective obligations set out therein, the Commission should, where it considers it appropriate, undertake certain supporting activities aimed at facilitating compliance with those obligations. When providing support and training to Member States and critical entities in the implementation of obligations under this Directive, the Commission should build on existing structures and tools, such as those under the Union Civil Protection mechanism and the European Reference Network for Critical Infrastructure Protection, or the European Security and Defence College, which can contribute to the development of a common European security culture.
2021/06/23
Committee: AFET
Amendment 38 #

2020/0365(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3
(3) “incident” means any event having the potential to disrupt, or that disrupts,natural or man-made event which has the potential to jeopardize the security, to disrupt the delivery of essential services or the destruction of essential infrastructure in one or more Member States as the results of failure to maintain the operations of theat critical entity;
2021/06/23
Committee: AFET
Amendment 40 #

2020/0365(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 5
(5) “essential service” means a service which is essential for the maintenance of vital societal and democratic functions or, economic activities, public safety and the rule of law;
2021/06/23
Committee: AFET
Amendment 55 #

2020/0365(COD)

Proposal for a directive
Article 11 – paragraph 1 – point b
(b) ensure adequate physical protection of sensitive areas, facilities and other infrastructure, including fencing, barriers, perimeter monitoring tools and routines, as well as detection equipment and access controls, while fully respecting data protection and privacy regulations and complying with sectoral and labour law;
2021/06/23
Committee: AFET
Amendment 58 #

2020/0365(COD)

Proposal for a directive
Article 12 – paragraph 1
1. Member States shall ensure that critical entities may submit requests for proportionate background checks on persons who fall within certain specific categories of their personnel, including persons being considered for recruitment to positions falling within those categories, and that those requests are assessed expeditiously by the public authorities competent to carry out such background checks. Those checks shall be proportionate and strictly limited to what is necessary and relevant for the fulfilment of the duties of the concerned personnel, while fully respecting sectoral and labour law.
2021/06/23
Committee: AFET
Amendment 12 #

2019/2213(BUD)

2 a. Recalls that gender mainstreaming is the (re)organisation, improvement, development and evaluation of policy processes, so that a gender equality perspective is incorporated in all policies at all levels and at all stages, by the actors involved in policy-making.
2020/02/25
Committee: AFET
Amendment 38 #

2019/2213(BUD)

Draft opinion
Paragraph 6 a (new)
6 a. Welcomes the proposal made by the European Commission President - Ursula von der Leyen to create a “Geopolitical Commission”; reiterates, however, the need to ensure the fulfilment of other European Union priorities and values, such as the protection of human rights, gender equality, the protection of the environment and minority rights; highlights therefore the need to protect the above-mentioned while building a new “geopolitical” EU;
2020/02/25
Committee: AFET
Amendment 40 #

2019/2213(BUD)

Draft opinion
Paragraph 6 b (new)
6 b. Highlights the importance of the flagship project of the European External Action Service’s East Strat Com Task Force - EU vs. Disinfo in the fight against disinformation, propaganda and foreign influence on our geopolitical scene; calls for appropriate funding for this body.
2020/02/25
Committee: AFET
Amendment 19 #

2019/2209(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Stresses the European Commission to provide further technical support to Eastern Partners in order to improve the external investment framework, particularly in the areas of predictability, certainty and investor protection.
2020/02/27
Committee: INTA
Amendment 22 #

2019/2209(INI)

Draft opinion
Paragraph 6 b (new)
6 b. Stresses the European Commission to extend the cooperation with our Eastern Partners to strengthen the role of civil society for the scrutiny of trade agreements and relations.
2020/02/27
Committee: INTA
Amendment 33 #

2019/2209(INI)

Motion for a resolution
Recital B
B. whereas cooperation between the EU and allthe EaP countries is not a linear process by all means, and cooperation can be achieved and maintained only in so far as those core values and principles are respected, moreover, in serious cases it can be reversed;
2020/03/25
Committee: AFET
Amendment 40 #

2019/2209(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas joint commitment to full respect and implementation of the principles of rule of law and democracy is the essential ground, in absence of which more advanced forms of cooperation and deeper integration between the EU and EaP countries cannot be envisaged;
2020/03/25
Committee: AFET
Amendment 126 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point a a (new)
(aa) consider that the EaP process must be based on the principle of differentiation and that the scope and depth of cooperation between the EU and the EaP countries must be determined by the ambitions of the parties, as well as by the implementation of reforms, notably regarding respect for democracy, human rights, fundamental freedoms, the rule of law and good governance;
2020/03/25
Committee: AFET
Amendment 178 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point e
(e) embark on a process to create a common economic space that facilitates deeper political and economic integration with the EU and closer economic and trade relations among the EaP countries;
2020/03/25
Committee: AFET
Amendment 232 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point i a (new)
(ia) use these venues for enhanced political dialogue with advanced EaP countries’ authorities, in order to recall that political prosecutions and breach of the rule of law can only have negative consequences on their relationship with the EU;
2020/03/25
Committee: AFET
Amendment 233 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point i b (new)
(ib) make use of all available AAs’ financial instruments and support programmes, including the possible reversibility of such tools, to foster an enhanced commitment to a sustainable democratic transformation and to reverse current worsening trends and authoritarian drifts observed in some EaP countries;
2020/03/25
Committee: AFET
Amendment 234 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point i c (new)
(ic) encourage and welcome the efforts of governments and opposition parties in partner countries to reverse these trends, as in Georgia where parties have managed to reach an agreement on the reform of the electoral system and have taken the engagement to avoid any actions that could lead to politicization of judicial and electoral processes; Call on all parties to take necessary measures for the implementation of this agreement;
2020/03/25
Committee: AFET
Amendment 240 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point j
(j) engage further in State building and in strengthening institutions, by making instruments similar to the Support Group for Ukraine available to all EaP countries, with the associated partners first and foremosttaking priority; strong, independent and efficient institutions at a central and local level are key to democratic accountability, rule of law, deoligarchisation, and the fight against corruption and State capture;
2020/03/25
Committee: AFET
Amendment 297 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point m
(m) acknowledge that the implementation of the DCFTAs has been sufficiently successful that it may gradually lead to theencourage continuous and effective implementation of the DCFTAs in order to gradually create the conditions for opening up of the EU single market in line with the implemented EU standards and requirements;
2020/03/25
Committee: AFET
Amendment 468 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point x
(x) acknowledge the contribution of EaP civil society actors and organisations to democratisation and reform processes in their countries and the whole EaP region; continue supporting their activities and safeguarding their working environment; moreover continue a wide-ranging dialogue with them;
2020/03/25
Committee: AFET
Amendment 506 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point z
(z) increase the visibility of the support provided by the EU in the recipient EaP countries and boost EU citizens’ awareness about the EaP; moreover to effectively counteract anti-EU propaganda;
2020/03/25
Committee: AFET
Amendment 518 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point z a (new)
(za) reiterate that the Eastern Partnership is based on shared fundamental values such as democracy, human rights, rule of law and good governance, common principles as well as joint commitments taken at previous Eastern Partnership summits which should be carried forward;
2020/03/25
Committee: AFET
Amendment 35 #

2019/2208(INI)

Motion for a resolution
Recital D a (new)
Da. Whereas the lack of harmonization has a deep impact on return practices among Member States;
2020/07/10
Committee: LIBE
Amendment 83 #

2019/2208(INI)

Motion for a resolution
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 returns, especially as it is less expensive and more sustainable;
2020/07/10
Committee: LIBE
Amendment 103 #

2019/2208(INI)

Motion for a resolution
Paragraph 6
6. Highlights that under Article 7 of the directive, a return decision shall provide for an appropriate period for voluntary departure, of at least 30 days, 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;
2020/07/10
Committee: LIBE
Amendment 114 #

2019/2208(INI)

Motion for a resolution
Paragraph 7
7. Stresses that a broad definition of the risk of absconding may lead to Member States frequently refraining from granting a period for voluntary departure; recalls the need for a closed and exhaustive list of criteria’s to define strictly the risk of absconding; recalls that lifting the voluntary departure period also leads to the imposition of an entry ban, which may further undermine voluntary departure;
2020/07/10
Committee: LIBE
Amendment 126 #

2019/2208(INI)

Motion for a resolution
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 remedies, in a language the person understands;
2020/07/10
Committee: LIBE
Amendment 136 #

2019/2208(INI)

Motion for a resolution
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; an automatic suspensive remedy is necessary to harmonize the practices and ensure that people are not returning before the final decision;
2020/07/10
Committee: LIBE
Amendment 146 #

2019/2208(INI)

Motion for a resolution
Paragraph 10
10. Notes with regret the limited use of Article 6(4) of the directive; is concerned about the failure of Member States to issue a temporary residence permit where return has proven not to be possible; underlines the fact that granting residence permits to individuals who cannot return to their country of origin could help to prevent protracted irregular stays and facilitate individuals’ social inclusion and contribution to society; notes that this would also help to get people out of administrative limbos where they are left;
2020/07/10
Committee: LIBE
Amendment 206 #

2019/2208(INI)

Motion for a resolution
Paragraph 16
16. Notes 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, which are proven to be better for migrants and Member States, since they cost less and have a less negative impact on migrants, especially children and vulnerable people;
2020/07/10
Committee: LIBE
Amendment 240 #

2019/2208(INI)

20a. Calls on the Commission and Member States to ensure the sustainability of returns by monitoring them and by funding reintegration programs in cooperation with third countries of origin.
2020/07/10
Committee: LIBE
Amendment 1 #
2020/07/08
Committee: LIBE
Amendment 7 #

2019/2206(INI)

Motion for a resolution
Citation 4
— having regard to Articles 2, 3, 5, 8 and 813 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR),
2020/07/08
Committee: LIBE
Amendment 10 #

2019/2206(INI)

Motion for a resolution
Citation 12
— having regard to the judgements of the European Court of Human Rights related to Regulation (EU) No 604/2013, and in particular Sharifi v. Austria of 5 December 2013 (Chamber judgment), Mohammadi v. Austria of 3 July 2014 (Chamber judgment), Sharifi and Others v. Italy and Greece of 21 October 2014 (Chamber judgment), and Tarakhel v. Switzerland of 4 November 2014 (Grand Chamber judgment), and ECtHR - M.S.S. v Belgium and Greece [GC]; Application No. 30696/09, Judgement of 21 November 2011, related to Regulation (EC) No 343/2003 of 18 February 2003 (Dublin II)
2020/07/08
Committee: LIBE
Amendment 13 #

2019/2206(INI)

Motion for a resolution
Citation 27 a (new)
— having regard to the European Parliament Resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to Migration (2015/2095(INI));
2020/07/08
Committee: LIBE
Amendment 14 #

2019/2206(INI)

Motion for a resolution
Citation 27 b (new)
— having regard to the ECJ judgement of the 2 April 2020 on the joined cases C-715/17, C-718/17 and C- 719/17 Commission v Poland, Hungary and the Czech Republic;
2020/07/08
Committee: LIBE
Amendment 20 #

2019/2206(INI)

Motion for a resolution
Recital A
A. whereas 2.5 million people applied for asylum in the European Union in the period 2015-2016, a fourfold increase compared to 2012-2013714,200 asylum applications were lodged in the EU in 2019;
2020/07/08
Committee: LIBE
Amendment 32 #

2019/2206(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the criteria for establishing the responsibility of a Member State for an asylum application include, in hierarchical order, the family unit; the issuance of residence permits or visas; irregular entry or stay, and visa- waived entry; where none of those grounds applies, the Member state in which an asylum application was first made becomes the Member state responsible under Article 3(2);
2020/07/08
Committee: LIBE
Amendment 41 #

2019/2206(INI)

Motion for a resolution
Recital C
C. whereas in the case of most asylum applications, the set of hierarchical criteria and the deadlines laid down as part of Dublin procedures are not met and transfers are not carried out;
2020/07/08
Committee: LIBE
Amendment 43 #

2019/2206(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas studies on the implementation of the Dublin III Regulation highlight systematic disregard towards family provisions and incorrect application of the principle of the best interest of the child, which have resulted in unnecessary and unreasonable transfer procedures;
2020/07/08
Committee: LIBE
Amendment 46 #

2019/2206(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas the provisions on dependent persons (article 16) and the discretionary clauses (article 17) could be widely used to support family unity;
2020/07/08
Committee: LIBE
Amendment 48 #

2019/2206(INI)

Motion for a resolution
Recital C c (new)
Cc. whereas Member States make a disproportionate use of the criterion of the first country of irregular entry leaving most of the responsibility to frontline Member States;
2020/07/08
Committee: LIBE
Amendment 51 #
2020/07/08
Committee: LIBE
Amendment 53 #

2019/2206(INI)

Motion for a resolution
Recital C e (new)
Ce. whereas there has been scarce use of humanitarian and discretionary clauses, which provide reasonable solutions to relocations, including following disembarkation;
2020/07/08
Committee: LIBE
Amendment 55 #

2019/2206(INI)

Motion for a resolution
Recital C f (new)
Cf. whereas implementation of the Dublin III Regulation does not effectively address secondary movements which are largely due to asylum seekers' social- connections with specific countries, protection-based concerns, health reasons and systemic deficiencies in the asylum systems where application are made;
2020/07/08
Committee: LIBE
Amendment 56 #

2019/2206(INI)

Motion for a resolution
Recital C g (new)
Cg. whereas Article 28 of the Dublin Regulation allows detention as an exceptional measure "to secure transfer procedures", where there is "significant risk of absconding" of the applicant; whereas this definition remains unclear and the interpretation varies from a Member State to another;
2020/07/08
Committee: LIBE
Amendment 59 #

2019/2206(INI)

Motion for a resolution
Recital C h (new)
Ch. whereas the use of detention and coercive transfers raises concerns with respect to asylum seekers' right to liberty, dignity and physical integrity;
2020/07/08
Committee: LIBE
Amendment 62 #
2020/07/08
Committee: LIBE
Amendment 78 #
2020/07/08
Committee: LIBE
Amendment 79 #

2019/2206(INI)

Motion for a resolution
Paragraph 1
1. Considers that the Dublin system places a significant burden on a minority of Member States, in particular when influxes of migrants occur; takes the view that the EU therefore needs a solidarity mechanism which makes for fair sharing of burdens and responsibility among Member States, including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asylum;deleted
2020/07/08
Committee: LIBE
Amendment 98 #

2019/2206(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Considers that the Dublin System, and in particular the first country of irregular entry criterion places a significant burden on a minority of Member states;
2020/07/08
Committee: LIBE
Amendment 99 #

2019/2206(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Urges the EU to establish an automatic, permanent and mandatory relocation mechanism ensuring the full respect of the principle of solidarity and fair sharing of responsibility enshrined in art.80 of TFEU; including for those rescued at sea;
2020/07/08
Committee: LIBE
Amendment 109 #

2019/2206(INI)

Motion for a resolution
Paragraph 2
2. Stresses that ad hoc agreements are no substitute for a harmonised and sustainable policy at EU levelCommon European and Asylum System; deplores the fact that efforts to overhaul the Dublin III Regulation have been blocked in the Council;
2020/07/08
Committee: LIBE
Amendment 117 #

2019/2206(INI)

Motion for a resolution
Paragraph 3
3. Notes that the crisis management tool provided for in Article 33 did not provide effective support to the Member States, nor did it offer a response to the consequences of the COVID-19 crisis; considers that a solidarity-based crisis management mechanism, endowed with a financial instrument managed by the Commission,mechanism for early warning, preparedness and crisis management as set out in Article 33 has not been applied to date, considers that a solidarity-based mechanism in the EU should be established to ensure continuity of the right of asylum in the EU uander the best possible conditions not to hinder arrivals and deflect responsibility; emphasizes that the protection of fundamental rights of asylum applicants should always remain at the centre of this mechanism; also notes that the provisions set out in the Temporary Protection Directive has yet to be invoked;
2020/07/08
Committee: LIBE
Amendment 124 #

2019/2206(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Considers that such a mechanism should allow for the participation of civil society organization providing professional assistance to people in need of international protection during the assessment of their asylum application, particularly of legal nature;
2020/07/08
Committee: LIBE
Amendment 130 #

2019/2206(INI)

Motion for a resolution
Paragraph 4
4. Calls on the Member States to makexpand the use of the discretionary clause in Article 17 when exceptional, to address challenging situations and humanitarian circumstances so warrant,, as for example to relocate and provide decent reception conditions to asylum seekers currently living in the Greek hotspots in an atmosphere of extreme tension and to provide decent receptioninhumane, degrading, unsanitary and unsafe conditions;
2020/07/08
Committee: LIBE
Amendment 134 #

2019/2206(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Takes the view that provisions on family unity, which are the first in the hierarchy of criteria, should be efficiently implemented, and that provisions on dependent persons (article 16) and the discretionary clauses (article 17) should be used more widely to support family unity;
2020/07/08
Committee: LIBE
Amendment 136 #

2019/2206(INI)

Motion for a resolution
Paragraph 4 b (new)
4b. In the absence of a permanent solidarity mechanism, supports the expanded use of discretionary clauses of Article 17 as a solidarity tool for responsibility sharing in particular in situations of large number of spontaneous arrivals and in the specific context of sea arrivals and disembarkation procedures;
2020/07/08
Committee: LIBE
Amendment 140 #

2019/2206(INI)

Motion for a resolution
Paragraph 5
5. Urges the introduction, in accordance with international law, of fast-track Dublin procedures at the main points of irregular arrival in the EU, in European reception centres, in order to process asylum applications swiftly, assess their merits, determine the Member State responsible and, where appropriate, return asylum seekers without an unnecessarily prolonged detention period;deleted
2020/07/08
Committee: LIBE
Amendment 155 #

2019/2206(INI)

Motion for a resolution
Paragraph 6
6. Highlights the significant operational backing for Dublin proceduresand technical support provided by the European Asylum Support Office (EASO) in the hotspotto Member States; calls on the Commission and the Member States to facilitate the work of EASO staff by allowing interviews in a language other than that of the country in which they are conductedand the Commission to increase assistance to Member States, especially those at the border of the EU; calls for the establishment of a European Asylum Agency, with sufficient financial and human resources, supporting Member States with Dublin procedures;
2020/07/08
Committee: LIBE
Amendment 159 #

2019/2206(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Calls on the Commission to monitor that interviews are conducted in the language of the asylum seeker or in a language that the applicant is reasonably supposed to understand;
2020/07/08
Committee: LIBE
Amendment 161 #

2019/2206(INI)

Motion for a resolution
Paragraph 7
7. PDeplores that the rights of asylum seekers, including that to legal assistance, are often neglected when implementing the Dublin III Regulation, points out that the protection of fundamental rights must be at the heart of the measures taken to implementEU asylum policies and of the implementation process of the Dublin III Regulation, including the protection of childrenminors, victims of trafficking, victims of torture, and the most vulnerable;
2020/07/08
Committee: LIBE
Amendment 169 #

2019/2206(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Recalls that asylum seekers have the right to be fully informed on the procedures; regrets that the level of information provided to asylum seekers differs consistently from one Member state to another; urges the Member states to guarantee that minors have tailored, child-friendly information and specific support; stresses that providing legal assistance and interpretation are key to ensure applicants' right to information;
2020/07/08
Committee: LIBE
Amendment 174 #

2019/2206(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Points out that transfers of asylum seekers, and in particular vulnerable people, minors and families can result in violations of their human rights; urges Member states to properly assess the risks to which applicants would be exposed in the Member States of destination; stresses in particular that transfers must be carried out in a way that under no circumstances exposes individuals to a risk of refoulement, irrespective of whether the asylum system of return is affected by systemic deficiencies;
2020/07/08
Committee: LIBE
Amendment 175 #

2019/2206(INI)

Motion for a resolution
Paragraph 7 c (new)
7c. Deplores that Member states resort too often to the detention of applicants waiting to be transferred; urges Member states to make concrete efforts to find valid alternatives to detention;
2020/07/08
Committee: LIBE
Amendment 180 #

2019/2206(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and toenable a better use of the family provisions, including by harmoniseing the standards of proof required; callacross Member states oin the Member States and the Commission to protect the best interests of children and to clarify the criteria for keeping children in detentiondirection of less stringent and more achievable standards; calls the Commission and the Member states to speed up family reunification procedures including through an immediate transfer to a country in which the applicant has family;
2020/07/08
Committee: LIBE
Amendment 188 #

2019/2206(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Regrets that Member states do not proactively contribute to the identification and verification of the family links; deplores that the burden of proof is almost entirely left to the applicants;
2020/07/08
Committee: LIBE
Amendment 192 #

2019/2206(INI)

Motion for a resolution
Paragraph 8 c (new)
8c. Calls on the Member States and the Commission to ensure an adequate verification of the best interest of the child, avoiding that the complexity of the procedures results in the failure to implement this principle, in particular for the unaccompanied minors of age between 16 and 18;
2020/07/08
Committee: LIBE
Amendment 193 #

2019/2206(INI)

Motion for a resolution
Paragraph 8 d (new)
8d. Regrets that Member states apply different interpretation of the best interest of the child; calls therefore the Commission to clarify the definition in line with EU legislation and to identify which family reunification possibilities, security and safety considerations, background information should be taken into consideration;
2020/07/08
Committee: LIBE
Amendment 194 #

2019/2206(INI)

Motion for a resolution
Paragraph 8 e (new)
8e. Urges the Member States and the Commission to clarify that detention is never in the best interest of the child and that a minor should never be detained because of the migratory status of their family; calls to expand the sources used for the monitoring and identification of unlawful practices to include information provided by international and non- governmental organizations where it is reliable, up-to-date and specific;
2020/07/08
Committee: LIBE
Amendment 195 #

2019/2206(INI)

Motion for a resolution
Paragraph 8 f (new)
8f. Deplores that insufficient identification mechanisms and erroneous methods of age assessment often further exacerbate the situation of minors, causing delays or affecting negatively the outcome of the Dublin procedure; calls for an harmonized age assessment that do not endanger minors' rights, health and psychological well-being;
2020/07/08
Committee: LIBE
Amendment 206 #

2019/2206(INI)

Motion for a resolution
Paragraph 9
9. Stresses that the number of transfer procedures has increased significantly, generating considerable human, material and financial costs; deplores, however, the fact that in only 11% of cases are transfers actually carried out, a further factor in the permanent overloading of asylum systems; stresses the lack of cooperation and information-sharing between Member States; regards efforts to combat secencourages Member states to apply the discretiondary movements as essential in order to reduce the number of transfer requests; proposes thatclause more swiftly in cases where it becomes evident that transfers cannot be carried out, or where the coinditions which trigger transfer procedures be clarified and harmonisedvidual situation of the applicant requires so;
2020/07/08
Committee: LIBE
Amendment 219 #

2019/2206(INI)

Motion for a resolution
Paragraph 10
10. Considers that in some cases the rules on transfer of responsibility under Dublin III undermine the efficiency of asylum procedures and the carrying-out of transfers and, according to the evidence, that in many cases asylum seekers remain outside of the system due to disproportionate use of the criterion of the first countribute to the increase in the number of secondary movements by encouraging asylum-seekers to remain outside the systemy of irregular entry and the insufficient consideration of the meaningful links and the particular needs of the applicants; calls on the Commission to revise the rules, in order to give Member States sufficient time to carry out transfers and do away with transfer of responsibility in cases where anincrease trust between Member States and between them and the asylum seeker absconds;
2020/07/08
Committee: LIBE
Amendment 228 #

2019/2206(INI)

Motion for a resolution
Paragraph 11
11. Considers that providing asylum seekers with legal assistance in connection with Dublin procedures, in particular in the hotspots, would simplify the process of obtaining asylum would enhance rights-compliant procedures, simplify Dublin procedures and improve decision- making; calls on the Member States to improve the information made available to asylum seekers on the complex Dublin procedures, to ensure that it is clear and accessible to everyone;
2020/07/08
Committee: LIBE
Amendment 232 #

2019/2206(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Calls on the Member States to increase the resources necessary to make Dublin III operational, particularly the number of asylum officers; calls on the European Commission to increase the funds available for the provision of legal assistance, especially funding for civil society professionals offering legal assistance to people in need of international protection during the Dublin procedure;
2020/07/08
Committee: LIBE
Amendment 239 #

2019/2206(INI)

Motion for a resolution
Paragraph 12
12. Stresses that the principle of a single asylum application in the EU is consistently flouted, a state of affairs at odds with the very purpose of the Dublin III Regulation; considernotes that the competent national authorities should share their relevant information on a European database such as Eurodac, in order to speed up procedures and prevent multiple asylum applications, while protecting personal datare are multiple reasons for submission of additional asylum applications;
2020/07/08
Committee: LIBE
Amendment 249 #

2019/2206(INI)

Motion for a resolution
Paragraph 13
13. Notes that the rate of protection for asylum seekers varies greatly between Member States for certain nationalities; considers that a common list of safe countries and a shared country-risk analysis, or at least greater convergence, would reduce these disparities, and thus also the number of secondary movements; stresses that the return of persons not eligible for asylum is a prerequisite for the effectiveness of the Dublin III Regulation and this can contribute to onward movement; considers that accounting for individual needs of the applicant in the Dublin procedures would reduce secondary movements; calls for the inclusion of a relocation criteria considering the "genuine links" with a particular Member state as an efficient approach to reduce secondary movements;
2020/07/08
Committee: LIBE
Amendment 261 #

2019/2206(INI)

Motion for a resolution
Paragraph 15
15. Notes that some two-thirds of asylum applications are submitted by nationals of safe countries who have arrived in the EU on a visa or visa waiver; considers that these manifestly unfounded applications contribute to the overloading of asylum systems; calls on the Commission and the Member States to make asylum and visa policies more consistent;deleted
2020/07/08
Committee: LIBE
Amendment 276 #

2019/2206(INI)

Motion for a resolution
Paragraph 16
16. Proposes that EASO be given an expanded role in analysing the flows of and pathways taken by asylum seekers, in order to better anticipate and understand pressures on asylum systemssupporting Member states in the implementation of the Dublin III Regulation;
2020/07/08
Committee: LIBE
Amendment 282 #

2019/2206(INI)

Motion for a resolution
Paragraph 17
17. Urges the Commission and the Council to work towards convergence in the bilateral agreements concluded between Member States and with thirdimplementation of the Dublin III Regulation by taking stock of the elements countries, in order to optimise implementation of the Dublin III Regubuting to greater efficiency, and compliance with human rights legislation;
2020/07/08
Committee: LIBE
Amendment 286 #

2019/2206(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Urges the Council to find a sustainable solution and take the necessary steps to adopt a position on the Dublin Recast Regulation by qualified majority;
2020/07/08
Committee: LIBE
Amendment 287 #

2019/2206(INI)

Motion for a resolution
Paragraph 17 b (new)
17b. Proposes that a fairer system of allocation be a priority for any reform of the Dublin system while keeping the protection of fundamental rights of applicants at the centre of the functioning of the solidarity mechanism;
2020/07/08
Committee: LIBE
Amendment 10 #

2019/2200(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas Georgia has remained committed to the implementation of the Association Agreement and the Deep and Comprehensive Free Trade Area and continues alignment to the EU acquis as well as to the EU standards, which is bringing increasing benefits;
2020/05/26
Committee: AFET
Amendment 11 #

2019/2200(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas attempts at destabilising Georgia continue, inter alia via the implementation of so-called "treaties" between the Russian Federation and the Georgian regions of Abkhazia and Tskhinvali/ South Ossetia, the closure of crossing points near the Administrative Boundary Line in Tskhinvali region/ South Ossetia since August 2019, increased "borderisation" along the Administrative Boundary Line and the holding of so-called ‘presidential elections’ in Abkhazia in March 2020;
2020/05/26
Committee: AFET
Amendment 26 #

2019/2200(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Commends the response of the Georgian people and public authorities to the COVID-19 outbreak and emphasises the effective preventive measures taken by medical workers, the Lugar Laboratory and governmental authorities, resulting in lessening the burden on Georgia’s healthcare system and mitigating the negative effect on the economy; congratulates the Georgian citizens for having abided to these measures in the face of economic and social hardship; welcomes that the EU has lined up over EUR 250 million in grants for Georgia to respond to COVID-19 and EUR 150 million in loans for enhancing macroeconomic stability and allowing resources to be channelled towards protecting the citizens and mitigating the pandemic’s severely negative socio- economic consequences;
2020/05/26
Committee: AFET
Amendment 43 #

2019/2200(INI)

Motion for a resolution
Paragraph 4
4. Commends the Georgian authorities for completing the constitutional reform process and the major political parties for signing the Memorandum of Understanding of 8 March 2020, which established the key features of the electoral system to be used for the upcoming parliamentary elections; welcomes the recent release of two opposition leaders as an initial step towards full implementation of the MoU but deplores that all political prisoners were not released; calls on all parties to ensure that the two parts of the agreement isare translated into law and fully implemented as soon as possible, namely both the part focused on the reform of the electoral system and the part aimed at addressing the issue of political interference in the judicial system, in order to guarantee the independence and impartiality of the judiciary;
2020/05/26
Committee: AFET
Amendment 51 #

2019/2200(INI)

Motion for a resolution
Paragraph 4
4. Commends the Georgian authorities for completing the constitutional reform process and theall major political parties for signing the Memorandum of Understanding and Joint Statement of 8 March 2020, which established the key features of the electoral system and enabled it to be used for the upcoming parliamentary elections; calls on all parties to ensure that the agreement is translated intohonour both the letter and spirit of the agreement, to fully implement all aspects of the agreement and to ensure that all elements of electoral reform are translated into the Constitution and the law and fully implemented as soon as possible;
2020/05/26
Committee: AFET
Amendment 75 #

2019/2200(INI)

Motion for a resolution
Paragraph 6 b (new)
6b. Underlines that deepening of the association process and more advanced forms of cooperation between the EU and Georgia can only be achieved in so far as the core principles of the rule of law and democracy, including check and balances in the institutions, are respected and that in serious cases the process can be reversed;
2020/05/26
Committee: AFET
Amendment 80 #

2019/2200(INI)

Motion for a resolution
Paragraph 7
7. Expresses its concern about recent court cases against opposition politicians, which contributed to a climate of increased mistrust and heightened tensions between the ruling party and the opposition, and led to a polarisation of politics and society; calls on the Georgian authorities to suspend any remaining politically- motivated prosecution procedure against pending judicial cases and to release all political prisoners still detained; calls on Georgia to respect the highest standards of judicial independence and fair trial as committed to under the AA;
2020/05/26
Committee: AFET
Amendment 109 #

2019/2200(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Calls on the Georgian authorities to promptly, thoroughly and effectively investigate all incidents of excessive use of force by law enforcement officers and attacks against peaceful protesters and journalists in June 2019 and to ensure that perpetrators are held to account;
2020/05/26
Committee: AFET
Amendment 111 #

2019/2200(INI)

Motion for a resolution
Paragraph 10
10. Deplores the constant violations by the Russian Federation, which exercises de facto controling effective control over the Georgian regions of Abkhazia and Tskhinvali region/South Ossetia regions, of the fundamental rights of the people in these occupied regions, who are being deprived of the freedom of movement and residence, the right to property and the right of access to education in the native language, and reiterates its full support for the right of return of internally displaced persons; expresses its concern over the continuous illegal process of installation of barbed wire fences and other artificial obstacles along the occupation line (‘borderisation’), which has particularly detrimental effects on people living in and around these regions in the context of the ongoing fight against the COVID-19 pandemic;
2020/05/26
Committee: AFET
Amendment 128 #

2019/2200(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Calls on the Georgian authorities to pursue comprehensive labour policy reform to ensure better regulation of working hours, weekly rest, night work, payment of overtime hours and work on public holidays, in order to bring the legislation in line with the international labour standards and the EU directives, and broaden the mandate of the Labour Inspectorate to explicitly monitor labour rights and systematically verify any workplace hazards;
2020/05/26
Committee: AFET
Amendment 132 #

2019/2200(INI)

Motion for a resolution
Paragraph 13
13. Underlines the importance of reducing antagonism and the polarisation of politics and of ensuring constructive cooperation in the country’s democratic institutions, in particular the pParliament of Georgia; therefore profoundly regrets that the ninth meeting of the EU-Georgia Parliamentary Association Committee ofn 12 and -13 February 2020 in Strasbourg enconcluded without an agreement on a final statement and recommendations being reached; calls on the Parliament of Georgia to resume its work on the electoral reform and adopt the necessary constitutional amendments on the new electoral system in line with the 8 March agreement as well as with ODIHR recommendations, as soon as the situation related to the pandemic and the working conditions allow and calls on all political parties and parliamentarians to contribute to this crucial goal in good faith;
2020/05/26
Committee: AFET
Amendment 143 #

2019/2200(INI)

Motion for a resolution
Paragraph 15
15. Notes with satisfaction that the EU is one of Georgia’s largest trading partners; welcomes the continued approximation of Georgia’s legislation in trade-related areas; emphasises the need to increase Georgian exports to the EU and to attract investments from the EU in Georgia in order to provide more jobs and improve Georgia’s trade balance with the EU and its macro-financial stability, first and foremost by strengthening the rule of law, by fighting corruption, money laundering and tax evasion and by supporting the approximation to the EU standards;
2020/05/26
Committee: AFET
Amendment 149 #

2019/2200(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Calls on the Commission to support full implementation of the DCFTA through coordinated assistance, with a focus on sustainable economic development in line with the European Green Deal as well as on support to SMEs and structural reforms in cooperation with business and civil society;
2020/05/26
Committee: AFET
Amendment 151 #

2019/2200(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Encourages the government of Georgia to continue the extensive reform of labour legislation so as to ensure better regulation of working conditions including continued improvements in labour inspections and social dialogue; highlights in particular the need to amend the Labour Safety Law in order to set up a fully-fledged inspection system and proper anti-discrimination mechanism to explicitly monitor labour rights and systematically verify any workplace hazards, to include a modern anti- corruption mechanism and to ratify all respective ILO Conventions; encourages the involvement of civil society organisations and trade unions in these reforms, in light of their importance for workers’ and social rights in Georgia;
2020/05/26
Committee: AFET
Amendment 24 #

2019/2199(INI)

Motion for a resolution
Citation 11 a (new)
– having regard to its legislative resolution of 17 January 2019 on the Protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States1a; __________________ 1a Texts adopted, P8_TA(2019)0349
2020/02/28
Committee: LIBE
Amendment 31 #

2019/2199(INI)

Motion for a resolution
Citation 15 a (new)
– having regard to its resolution of 25 October 2016 on a EU mechanism on democracy, the rule of law and fundamental rights1a; __________________ 1a Texts adopted, P8_TA(2016)0409
2020/02/28
Committee: LIBE
Amendment 598 #

2019/2199(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls again on the European Commission to propose an EU Pact on democracy, the rule of law and fundamental rights, as detailed in its resolution of 25 October 20161a; stresses that systemic violation of fundamental rights should entail budgetary consequences for Members States and stands firmly behind its position regarding the Protection of the Union's budget in case of generalised deficiencies as regard the rule of law in Member States2a; __________________ 1a Texts adopted, P8_TA(2016)0409 2a Texts adopted, P8_TA(2019)0349
2020/02/28
Committee: LIBE
Amendment 4 #

2019/2197(INI)

Motion for a resolution
Citation 5 a (new)
- having regard to the Joint Communication on the Global EU response to COVID-19, JOIN(2020) 11 final, of 8 April 2020
2020/06/04
Committee: INTA
Amendment 5 #

2019/2197(INI)

Motion for a resolution
Citation 6 a (new)
- having regard to the Joint Communication “Towards a comprehensive strategy with Africa”, JOIN(2020) 4 final of 9 March 2020.
2020/06/04
Committee: INTA
Amendment 26 #

2019/2197(INI)

Motion for a resolution
Recital B
B. whereas recent Eurobarometer figures show that around 60 % of the EU citizens believe that the EU’s trade policy brings benefits for them; whereas parthalf of the public opinion is strongly vocal against trade policy and trade agreements; whereas the Commission and the Member States must continue to develop a proper communication strategy onm suggest that the priorities of the EU trade policy should be to create jobs in the EU and to defend environment and health standards; whereas growing part of the public opinion is strongly vocal against trade policy and trade agreements,; which aims to tackle fake news on trade and to transmit as much information as possible, while targeting specific stakeholders and raising economic operators’ awareness about trade agreementereas the Commission and the Member States must answer their concerns;
2020/06/04
Committee: INTA
Amendment 28 #

2019/2197(INI)

Motion for a resolution
Recital B a (new)
B a. whereas the COVID-19 outbreak has caused a multifaceted crisis with long term consequences; whereas the EU will have to adapt its trade policy to the observed downsides and to the imperative of social and ecological transition; whereas the crisis has shown the need for more robust and resilient production chains, as well as the need to invest in strategic areas to reduce the EU’s dependence on imports;
2020/06/04
Committee: INTA
Amendment 29 #

2019/2197(INI)

Motion for a resolution
Recital B a (new)
B a. whereas on 30 April the EU together with eighteen WTO members formally notified the ‘Multi-party interim appeal arbitration arrangement’ (MPIA) to the WTO; whereas this notification marks the start of the application of the MPIA to disputes arising between the participating WTO members in view of the stalemate of the Appellate Body (AB).
2020/06/04
Committee: INTA
Amendment 34 #

2019/2197(INI)

Motion for a resolution
Recital B b (new)
B b. whereas on 14 March2020 the Commission adopted Implementing Regulation (EU) 2020/402 under an urgency procedure to make the export of personal protective equipment subject to export authorisation in line with Regulation (EU) 2015/479 as a temporary measure that serves to help the EU face the surge in demand and prepare the EU's operational capacity to help out third countries.
2020/06/04
Committee: INTA
Amendment 50 #

2019/2197(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Stresses that the COVID-19, the fragilities it has revealed and, in much more dramatic proportions, the pre- existing climate emergency, make it all the more necessary to review the European Union's common commercial policy at both European and multilateral levels; is firmly convinced that the EU new trade policy should be at the service of global sustainable development with the European Green Deal objectives and the UN SDGs at its core; hence believes that the EU must pursue an ambitious agenda with binding and enforceable environmental, fiscal, social and human rights criteria;
2020/06/04
Committee: INTA
Amendment 51 #

2019/2197(INI)

Motion for a resolution
Paragraph 1 b (new)
1 b. Is of the opinion that, while a thorough reflection takes place in order for the EU to set its renewed priorities and objectives, ongoing negotiations and ratifications of trade and investment agreements should be suspended;
2020/06/04
Committee: INTA
Amendment 61 #

2019/2197(INI)

Motion for a resolution
Paragraph 3
3. Insists that EU trade strategy must continue to promote EU interests and values when contending with new challenges worldwide in order to keep and increase the competitiveness of its industry; considers, therefore, that an ambitious multilateral and plurilateral agenda, the conclusion of win-winsocial and environment centred trade agreements and their effective implementation anshould the elimination of unjustified trade barriers constitute the best way to make the EU more competitive in a globalised worldlp to achieve a decarbonised EU;
2020/06/04
Committee: INTA
Amendment 86 #

2019/2197(INI)

Motion for a resolution
Paragraph 6
6. Calls for a substantive reform of on the Commission to work with the other WTO, based on members to carry forward an ambitious reform to modernisinge its rule- book in order to make it more effective by providing structural and long-term solutions; encoto ensure a true level playing field for trading companies, respectful of social and environmental standards; urages WTO members to reach an ambitious and balanced agreement on the long-standing issue of fishery subsidies during the ministerial summit in Nur-Sultan, Kazakhstan and send out a clear signal that the WTO is still able to deliver on its negotiating functionthe Commission, in this respect, to negotiate new rules to fight trade - distortive practices, including non market policies and practices, SOEs and industrial subsides, leading to overcapacity, forced technology transfer policies and practices;
2020/06/04
Committee: INTA
Amendment 90 #

2019/2197(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Urges WTO members to reach an ambitious and balanced agreement on the long-standing issue of fishery subsidies during the next ministerial summit and send out a clear signal that the WTO is still able to deliver on its negotiating function new recalls the importance of functional dispute settlement arbitration court for EU industry; regrets the current impasse of the WTO dispute settlement body;
2020/06/04
Committee: INTA
Amendment 96 #

2019/2197(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Welcomes the multi-party interim appeal arbitration arrangement (MPIA), a new system that will allow the EU, together with other participating WTO members, to over come the current paralysis of the WTO’s Appellate Body and solve trade disputes amongst themselves;
2020/06/04
Committee: INTA
Amendment 99 #

2019/2197(INI)

Motion for a resolution
Paragraph 9
9. Takes note of the dramatic change in the US trade strategy over the past three years, which is focused on bilateral trade and often legally questionable unilateral trade measures; takes note of the limited progress made towards implementing the joint US-EU Statement of 25 July 2018; stresses the importance of relaunching the EU-US talks on the basis of the existing negotiating mandates adopted in April 2019 by the Council;
2020/06/04
Committee: INTA
Amendment 109 #

2019/2197(INI)

Motion for a resolution
Paragraph 10
10. Stresses that despite recent tensions in transatlantic relations, the EU should continue to work with the USA as a partner, with whom it has to find solutions to trade issues of common interest;, such as the effects of the extra-territorial application of laws adopted by the US, which are contrary to international law.
2020/06/04
Committee: INTA
Amendment 125 #

2019/2197(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Is appalled by the report of the Australian Strategic Policy Institute released in February 2020, which shows evidence of exploitation of Uyghurs people in Chinese factories, including in factories belonging to EU companies’ value chain; is deeply concerned by the reported impacts of the Belt and Road Initiative on human rights in China and Pakistan; calls on the Commission to use all available means to end the exploitation of Uyghurs; calls on European companies to stop any form of implication in China’s human rights violations;
2020/06/04
Committee: INTA
Amendment 134 #

2019/2197(INI)

Motion for a resolution
Paragraph 14
14. Encourages the Commission to negotiate an ambitiousNotes the ongoing negotiations on an investment agreement, which removes all barriers to EU investments, and looks forward to a conclusion of the negotiations by the end of 2020 as agreed in the EU-China Summit in 2019; recalls the need to promote quality investments and the importance of the social, human rights and environmental dimension which should be central in the agreement; firmly believes, however, that substance of the agreement should be prioritised over the speed of its conclusion;
2020/06/04
Committee: INTA
Amendment 153 #

2019/2197(INI)

Motion for a resolution
Paragraph 15
15. Acknowledges the promising outcome presented in the Commission’s report regarding the implementation of free trade agreements (FTAs), in particular South Korea, Central and Latin America, Canada, Eastern partners, and African Caribbean and Pacific Group of States (ACP) countries; stresses that, although EU trade agreements have a clear track record of, in most cases, reaching their primary objective of creating significant opportunities for EU exporters on third- country trade markets, their contribution to tackling global challenges and upholding EU’s values has yet to improve;
2020/06/04
Committee: INTA
Amendment 163 #

2019/2197(INI)

Motion for a resolution
Paragraph 16
16. Recalls the positivNotes the developments of the EU- Canada trade agreement (CETA); notes that during its first full calendar year of implementation, bilateral trade in goods, including agri-food products, grew by 10.3 %, compared to the average of the previous three years; recalls that the EU’s trade surplus with Canada rose by 60 % and created additional opportunities for our exporters;
2020/06/04
Committee: INTA
Amendment 193 #

2019/2197(INI)

Motion for a resolution
Paragraph 20
20. WelcomNotes the entry into force of the EU-Japan FTA of 1 February 2019 and notes that, according to the first elements given after one year of implementation6 , EU exports to Japan went up by 6.6 % compared to the same period the year before; _________________ 6 https://ec.europa.eu/commission/presscorn er/detail/en/ip_20_161
2020/06/04
Committee: INTA
Amendment 199 #

2019/2197(INI)

Motion for a resolution
Paragraph 21
21. WelcomNotes the entry into force of the EU-Singapore trade agreement of 21 November 2019; welcomNotes its consent on the EU-Vietnam agreement and calls for its quick implementation; views these agreements as a step towards concluding an FTA with the entire Association of Southeast Asian Nations (ASEAN) region;
2020/06/04
Committee: INTA
Amendment 207 #

2019/2197(INI)

Motion for a resolution
Paragraph 22
22. Calls for an ambitious agenda to be pursued when it comes toNotes the ongoing negotiatingons of FTAs, in particular with Australia and New Zealand, Tunisia. Morocco and Indonesia; reiterates its call for opening investment negotiations with Taiwan;
2020/06/04
Committee: INTA
Amendment 210 #

2019/2197(INI)

Motion for a resolution
Paragraph 23
23. Underlines its determination to establish the closest relationship possible with the United Kingdom, based on the principles regarding trade, investments and competitiveness, as set out in its resolution of 12 February 2020 on the proposed mandate for negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland7 ; notes that the Political Declaration of 17 October 2019 supported by the United Kingdom states that the future economic partnership will be underpinned by provisions ensuring a level playing field for open and fair competition, especially if no agreement if reached before the end of 2020; _________________ 7 Texts adopted, P9_TA(2020)0033.
2020/06/04
Committee: INTA
Amendment 214 #

2019/2197(INI)

Motion for a resolution
Paragraph 24
24. Encourages the Commission to seize the momentum caused by the UK’s withdrawal to streamline our EU-policies, cut red tape and enhance competitiveness for EU companies and small and medium-sized enterprises (SMEs); stresses that theStresses that the EU-UK FTA should aim to allow for the closest possible market access and trade facilitation in order to minimise trade disruptions while upholding the highest environmental and social standards guaranteeing a level- playing field in these areas;
2020/06/04
Committee: INTA
Amendment 219 #

2019/2197(INI)

Motion for a resolution
Paragraph 25
25. WelcomNotes the conclusions of the trade negotiations with Mexico and the MERCOSUR countries, which have both the potential to deepen our strategic partnership with Latin America and to create additional opportunities in our trade relations with those countries; notes that such opportunities would also give EU companies access to an increasingly growing market;
2020/06/04
Committee: INTA
Amendment 226 #

2019/2197(INI)

Motion for a resolution
Paragraph 26
26. Recalls its position expressed in its previous report on the implementation of the CCP; underlines that the 15-point action plan of 27 February 20188 set out by the Commission services represents a good basis for reflection in order to improve the mechanisms in trade and sustainable development (TSD) chapters; _________________ 8 https://trade.ec.europa.eu/doclib/press/inde x.cfm?id=1803iterates that the EU commercial policy must serve the UN SDGs and the European Green Deal; strongly believes that trade and sustainable development (TSD) chapters, in any future and current trade agreements, must be made enforceable through their inclusion into the state-to-state dispute settlement mechanism and foresee effective deterrent measures, including sanctions;
2020/06/04
Committee: INTA
Amendment 237 #

2019/2197(INI)

Motion for a resolution
Paragraph 28
28. BWelievcomes that the current system already demonstrates some efficiency, as seen in the framework of the EU-Korea FTA in which the EU has requested the establishment of a panele establishment of a panel at the request of the EU under the EU-Korea FTA following South Korea’s failure to ratify International Labour Organisation (ILO) conventions on workers’ rights, notably on freedom of association and collective bargaining;
2020/06/04
Committee: INTA
Amendment 240 #

2019/2197(INI)

Motion for a resolution
Paragraph 29
29. Recalls that the early efforts of the Commission and Parliament in the trade negotiations with Mexico and Vietnam paid off with the ratification by both countries respectively in November 2018 and July 2019 of the ILO Convention 98 on the right to organise and collective bargaining; deplores that Vietnam has not ratified ILO Conventions 87 and 105 on Freedom of Association and Forced Labour; calls on the Commission to monitor the situation closely and to request consultations with the Vietnamese government should it fail to make continued and sustained efforts toward ratifying them, as foreseen by the agreement;
2020/06/04
Committee: INTA
Amendment 245 #

2019/2197(INI)

Motion for a resolution
Paragraph 30
30. BWelievcomes that TSD chapters in trade agreements should drive the external dimension of the European Green Deal, and anye proposal to develop a new adjustment mechanism should be compatible with WTO rules, as well as EU FTAs; stresses that EU companies that are users of intermediate goodnd designed to implement the European Green Deal by avoiding carbon leakage; stresses EU companies should not be put at a competitive disadvantage;
2020/06/04
Committee: INTA
Amendment 248 #

2019/2197(INI)

Motion for a resolution
Paragraph 30 a (new)
30 a. Calls on EU leaders and the Commission to take bold decisions regarding the reform of the EU own resources system, including the introduction of a basket of new own resources; reaffirms its position, as set out in the MFF interim report, regarding the list of potential candidates for new own resources: a common consolidated corporate tax base, digital services taxation, a financial transaction tax, income from the emissions trading scheme, a plastics contribution and a WTO compatible carbon border adjustment mechanism;1c _________________ 1cEuropean Parliament resolution of 15 May 2020 on the new multiannual financial framework, own resources and the recovery plan (2020/2631(RSP))
2020/06/04
Committee: INTA
Amendment 251 #

2019/2197(INI)

Motion for a resolution
Paragraph 31
31. NotStresses that the EU trade and investment policy should be used as leverage towards responsible management of supply chains, which include ensuring that businesses uphold human rights; calls for a horizontal and mandatory human rights and environmental due diligence legislation for businesses that cover their whole supply chain; welcomes in this regard the Commission’s public commitment to introduce in 2021 such a legislative initiative; stresses that an access to justice and grievance mechanisms for the victims should be a core component of this legislation; insists on the need to respect the United Nations Guiding Principles on Business and Human Rights; calls on the Commission to be actively involved in the ongoing negotiations to create a binding UN instrument on transnational corporations and other business enterprises with respect to human rights;
2020/06/04
Committee: INTA
Amendment 252 #

2019/2197(INI)

Motion for a resolution
Paragraph 31
31. Notes that the EU trade and investment policy should be used as leverage towards responsible management of supply chains, which include ensuring that businesses uphold human rightseffective due diligence in supply chains must be central to EU trade and investment policy in order to uphold human rights, labour rights and environmental standards and ensure access to justice; recalls that voluntary measures have been largely ineffective; welcomes commitments from the Commission that it will present a legislative proposal by 2021;
2020/06/04
Committee: INTA
Amendment 254 #

2019/2197(INI)

Motion for a resolution
Paragraph 31 a (new)
31 a. Is concerned by the continuous expansion of arbitration mechanisms between investors and states through investment agreements; recalls that such parallel judicial systems are designed to improve corporate interests and rights but not their duties and responsibilities, and can put States’ policy space and legitimate right to regulate at risk; denounces the fact that law firms have begun promoting advice on how foreign investors could bring suits in arbitration as a result of Covid-related government measures; calls for a permanent moratorium on all arbitration claims related to measures targeting health, economic, and social dimensions of the pandemic and its effects;
2020/06/04
Committee: INTA
Amendment 267 #

2019/2197(INI)

Motion for a resolution
Paragraph 32
32. Recalls that the efforts to keep rules-based trade must play a crucial role in our trade strategy and in this context recalls the adoption on the modernisation of trade defence instruments in 2018, and the new foreign investment screening mechanism; stresses that the new foreign investment screening mechanism should never be a tool for protectionism; ;calls on the Commission for an effective TDIs enforcement to protect European industry from unfair market practices and for the evaluation and reinforcement of the safeguard instruments in order to make them more responsive to extraordinary circumstances and better adapted to protect European industry by effectively anticipating market disruptions from trade flow;
2020/06/04
Committee: INTA
Amendment 275 #

2019/2197(INI)

Motion for a resolution
Paragraph 32 a (new)
32 a. Calls on the Council for a rapid and swift agreement on the International Procurement Instrument in order to provide legal security, reciprocity and a level playing field to EU operators; calls for the inclusion of a global catalogue of essential emergency healthcare products to avoid in the future abuses by third country providers' in international trade during a global pandemic;
2020/06/04
Committee: INTA
Amendment 287 #

2019/2197(INI)

Motion for a resolution
Paragraph 35 b (new)
35 b. Underlines that foreign direct investment into the EU and the acquisition of healthcare and other key infrastructure by foreign investors has the potential to harm EU efforts to address the COVID-19 pandemic in Europe; welcomes in this regard the Communication from the Commission on Guidance to the Member States ahead of the application of the FDI Screening Regulation; urges Member States which have not yet established a screening mechanism to do so urgently; further calls on all Member States to use all available tools to ensure effective mechanisms are in place to assess potential investment and acquisitions for threats to critical health infrastructure in the EU, and to take mitigating or blocking measures as needed;
2020/06/04
Committee: INTA
Amendment 298 #

2019/2197(INI)

Motion for a resolution
Paragraph 38
38. Welcomes the new Commission’s ambition to apply the ‘One-in, one-out’ principle when creating new laws and regulations in order to cut red tape; calls, however, for more clarity on how the Commission will work on this in terms of trade policy;deleted
2020/06/04
Committee: INTA
Amendment 42 #

2019/2176(INI)

Motion for a resolution
Recital A
A. whereas being a candidate country presumes aquires the willingness together with concrete actions to progressively approach, in all aspects, the values, interests, standards and policies of the EU;
2020/12/15
Committee: AFET
Amendment 70 #

2019/2176(INI)

Motion for a resolution
Recital D
D. whereas, in spite of this principled stance by Parliament and all of the current circumstances, the destabilising actions of Turkey in Libya, Syria and South Caucasus and its illegal actions in Eastern Mediterranean, the European Council, in its conclusions of 1 October 2020, offered Turkey a renewed and broad positive agenda, provided that constructive efforts are sustainedTurkey would stop its illegal activities, in a further attempt to restore our relations;
2020/12/15
Committee: AFET
Amendment 131 #

2019/2176(INI)

Motion for a resolution
Paragraph 3
3. Is deeply concerned that, over the years, the lack of progress in Turkey’s convergence has now transformed into a full withdrawal, marked by a stark regression in three main areas: backsliding on the rule of law and fundamental rights, adopting regressive institutional reforms and pursuing a confrontational and destabilised foreign policy; is further concerned by the fact that this regression has increasingly been accompanied by an explicit anti-EU narrative by government officials; calls, in this context, on Turkey to reassess the sincerity of its commitment to the EU path, as an indispensable component of the viability of the entire accession process;
2020/12/15
Committee: AFET
Amendment 142 #

2019/2176(INI)

Motion for a resolution
Paragraph 4
4. Acknowledges the persistent strategy of openness and good will adopted by the EU and lately materialized in the renewed positive agenda offered by the European Council in October 2020; Stresses that no incentive that the EU could offer can ever replace the much- needed political will to build a mature democracy and, in turn, become a reliable ally and ultimately a member of the EU; Notes that ever since the last European Council conclusions, no efforts were attempted by Turkish authorities to advance towards benchmarks laid down in this broad agenda and that Turkey's confrontational attitude and rhetoric has even deteriorated;
2020/12/15
Committee: AFET
Amendment 143 #

2019/2176(INI)

Motion for a resolution
Paragraph 4
4. Stresses that no incentive that the EU could offer can ever replace the much- needed political will to build a mature democracy and, in turn, become a member of the EU; Recalls that accession process is and will remain a merit-based process fully dependent on the objective progress achieved by each country, including Turkey;
2020/12/15
Committee: AFET
Amendment 257 #

2019/2176(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Deeply regrets the discriminatory Covid-19 early release law which disregarded the right to life of those imprisoned on political grounds and failed to address the situation of those held in pre-trial detention; expresses concern about the unsanitary and overcrowded prison facilities.
2020/12/15
Committee: AFET
Amendment 263 #

2019/2176(INI)

Motion for a resolution
Paragraph 13
13. Considers that the erosion of the rule of law and the systemic lack of independence of the judiciary continues to be one of the most pressing and worrying issues; condemns the increased surveillance by the executive and the political pressure affecting the work of judges, prosecutors, lawyers and bar associations; is appalled by the mass arrest and prosecution of lawyers for representing their clients; is concerned about the legislative amendment allowing for the division of bar associations along political lines in a way to diminish their role as human rights watchdogs.
2020/12/15
Committee: AFET
Amendment 290 #

2019/2176(INI)

Motion for a resolution
Paragraph 15
15. Expresses serious concern about the disproportionate and arbitrary measures curtailing freedom of expression, media freedom and access to information; condemns the imprisonment of journalists, media employees as well as social media users; notes with deep concern the increasing restrictions and censorship imposed on social media platforms; urges Turkey to guarantee media freedom as a matter of priority;
2020/12/15
Committee: AFET
Amendment 315 #

2019/2176(INI)

Motion for a resolution
Paragraph 17
17. Notes with great concern the way that the People’s Democratic Party (HDP) has been specifically and continuously targeted by the Turkish authorities; strongly condemns the continued detention of former HDP co-chairs Selahattin Demirtaş; and Figen Yüksekdağ, members of parliament, elected mayors, administrators and members.
2020/12/15
Committee: AFET
Amendment 326 #

2019/2176(INI)

Motion for a resolution
Paragraph 18
18. Calls on Turkey to release all imprisoned human rights defenders, journalists, lawyers, academics and others who have been detained on unsubstantiated charges and to enable them to carry out their work without threat or impediment in all circumstances; strongly condemns the re-arrest and continued detention of Osman Kavala, a prominent civil society figure; and other prominent Journalists like Ahmet Altan and Hanim Büsra Erdal.
2020/12/15
Committee: AFET
Amendment 382 #

2019/2176(INI)

Motion for a resolution
Paragraph 21
21. Urges Turkey to protect the rights of minorities and vulnerable groups, including women, refugees, LGBTI people and ethnic and religious minorities; is appalled by the rise in hate crimes.
2020/12/15
Committee: AFET
Amendment 392 #

2019/2176(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Reiterate its call on the Council to establish a comprehensive and effective EU-wide human rights sanction regime, which would allow for targeting any individual, state- and non-state actor, responsible for or involved in human rights violations, breaches of fundamental freedoms and the rule of law in Turkey;
2020/12/15
Committee: AFET
Amendment 401 #

2019/2176(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Expresses concern about the reported deportation of Uighurs by way of third countries to China, where they are likely to face grave persecution.
2020/12/15
Committee: AFET
Amendment 482 #

2019/2176(INI)

Motion for a resolution
Paragraph 25
25. Recalls the laudable role played by Turkey in responding to the migration crisis resulting from the war in Syria; takes the view that the EU should continue to givfinance the necessary direct support to Syrian refugees and host communities in Turkey; supports an objective assessment of the EU-Turkey StatementCalls for the adoption of an EU- Turkey agreement instead of the current Declaration, with parliamentary scrutiny and underlines the importance of both parties’ compliance wrefraining from using ith their respective commitmentso pressure or blackmail the other party;
2020/12/15
Committee: AFET
Amendment 520 #

2019/2176(INI)

Motion for a resolution
Paragraph 26
26. Stresses that a modernisation of the Customs Union could be beneficial for both parties and would keep Turkey economically and normatively anchored to the EU; reiterates that this would need to be based on strong conditionality related to human rights and fundamental freedoms; highlights that it seems unrealistic to envisagestresses that given the current circumstances, any modernisation of the Customs Union given the current circumstancescan't be envisaged; recalls that the current Customs Union will not achieve its full potential until Turkey fully implements the Additional Protocol in relation to all Member States;
2020/12/15
Committee: AFET
Amendment 568 #

2019/2176(INI)

Motion for a resolution
Paragraph 28
28. Condemns the partial reopening of Varosha beach, which undermines mutual trust and therefore the prospect of the resumption of direct talks on the comprehensive resolution of the Cyprus issue; calls on Turkey to reverse this action and to refrain from provoking nationalist sentiments; reiterates its support for a fair, comprehensive and viable settlement on the basis of a bi-communal, bi-zonal federation with political equality;
2020/12/15
Committee: AFET
Amendment 573 #

2019/2176(INI)

28a. Stresses that, in spite of reiterated calls for de-escalations and peaceful conflict resolution through dialogue, Turkey did not refrained itself from further violating international law and the sovereignty and territorial integrity of EU Member States through unilateral and illegal actions; Calls therefore on the Council to impose restrictive sectoral and targeted measures against Turkey, which should have no adverse impact on the Turkish society;
2020/12/15
Committee: AFET
Amendment 595 #

2019/2176(INI)

Motion for a resolution
Paragraph 29
29. Strongly condemns the Turkish military interventions in Syria, especially in the northeast and Idlib, Afrin, Ras al- Ayn/Sere Kaniye and Tal Abyad which constitute grave violations of international law;
2020/12/15
Committee: AFET
Amendment 599 #

2019/2176(INI)

Motion for a resolution
Paragraph 29 a (new)
29a. calls on the Turkish government to end its illegal occupation of northern Syria and withdraw its military and paramilitary proxy forces.
2020/12/15
Committee: AFET
Amendment 631 #

2019/2176(INI)

Motion for a resolution
Paragraph 31
31. Regrets that, rather than calling for an end to the violence and for a resumption of peaceful negotiations supporting the efforts of the Organization for Security and Co-operation in Europe (OSCE) Minsk Group, Turkey instead decided to unconditionally sustain the military actions of oAzerbaïdjani forces and to directly and militarily intervene ofn their sides in the recent conflict in Nagorno-Karabakh;
2020/12/15
Committee: AFET
Amendment 671 #

2019/2176(INI)

Motion for a resolution
Paragraph 32 b (new)
32b. Recalls that Turkey has to stop in particular the attempt of the Turkish government to spy and put pressure on opposition members and politicians of Turkish origin in Europe and condemns in the strongest possible terms all attempts to use violence and intimidation against intellectuals, activists or politicians in Europe.
2020/12/15
Committee: AFET
Amendment 25 #

2019/2171(INI)

Motion for a resolution
Citation 11 a (new)
- having regard to the Declaration of 5 July 2009 of Western Balkans partners on Roma Integration within the EU Enlargement Process, known as the Poznan Declaration,
2021/02/15
Committee: AFET
Amendment 30 #

2019/2171(INI)

Motion for a resolution
Citation 13
- having regard to its resolution of 9 July 2015 on the Srebrenica Commemoration1 , of 15 January 2009 on Srebrenica and of 7 July 2005 on the Western Balkans 10 years after Srebrenica, __________________ 1 OJ C 265, 11.8.2017, p. 142.
2021/02/15
Committee: AFET
Amendment 42 #

2019/2171(INI)

Motion for a resolution
Citation 18 a (new)
- having regard to the Report of the International Tribunal for the Former Yugoslavia of 1 July 2017,
2021/02/15
Committee: AFET
Amendment 43 #

2019/2171(INI)

Motion for a resolution
Citation 18 b (new)
- having regard to the Progress Report of the Prosecutor of the International Residual Mechanism for Criminal Tribunals of 19 May 2020,
2021/02/15
Committee: AFET
Amendment 44 #

2019/2171(INI)

Motion for a resolution
Citation 18 c (new)
- having regard to the 58th Report of the High Representative (HR) for Implementation of the Peace Agreement on Bosnia and Herzegovina,
2021/02/15
Committee: AFET
Amendment 60 #

2019/2171(INI)

Motion for a resolution
Recital F
F. whereas the country continues to face numerous challenges related to the rule of law, human rights, fundamental freedoms, governance, accountability, freedom of expression and media freedom, and a functioning market economy;
2021/02/15
Committee: AFET
Amendment 70 #

2019/2171(INI)

Motion for a resolution
Recital G
G. whereas BiH is a migrant transit route, and reception capacities remain insufficient for hosting migrants and asylum seekers present in the country, despite the availability of EU funded and ready-made solutions;
2021/02/15
Committee: AFET
Amendment 74 #

2019/2171(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas serious human rights concerns remain over the rights of people in transit in BiH;
2021/02/15
Committee: AFET
Amendment 75 #

2019/2171(INI)

Motion for a resolution
Recital G b (new)
Gb. whereas the EU approach to the external dimension of migration has led the EU to cooperate with BiH in the field of border control and migration management; whereas the externalisation of EU border management and migration control is of serious concern in light of violations of human rights standards; whereas it is the EU's duty to conduct a humane border procedure and migration approach that aims at protecting the fundamental rights of persons in need of international protection in countries of transit such as BiH;
2021/02/15
Committee: AFET
Amendment 95 #

2019/2171(INI)

Motion for a resolution
Paragraph 1
1. Recalls that the path towards the EU depends on sustainable peace, lasting stability, social cohesion and genuine reconciliation warranting the democratic and multicultural character of BiH; urges the country to expedite effective prosecution of war crimes under the revised National War Crimes Processing Strategy, and calls for impartial and effective investigations into these crimes; condemns any kind of historical revisionism, or opposition to ICTY judgements, secessionist rhetoric and related acts, denial or glorification of war crimes committed during the 1990’s war;
2021/02/15
Committee: AFET
Amendment 101 #

2019/2171(INI)

Motion for a resolution
Paragraph 2
2. Recalls that over 7 200 BiH citizens are still missing, and urges the authorities to intensify cooperation and data sharing between regional, national and international stakeholders alike, on issues related to missing persons, redress to civilian victims of war, including victims of sexual violence, and to ensure the safe and sustainable return of refugees and internally displaced people; through reconstruction assistance, job creation measures, education rights and the proper implementation of property laws;
2021/02/15
Committee: AFET
Amendment 107 #

2019/2171(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Urges the rapid adoption of a law banning Holocaust denial, genocide and war crimes; encourages the High Representative in BiH (OHR) to use his powers to make the law banning Holocaust denial, genocide and war crimes an integral part of BiH legislation;
2021/02/15
Committee: AFET
Amendment 121 #

2019/2171(INI)

Motion for a resolution
Paragraph 4
4. Urges the authorities to ensure inclusive and non-discriminatory education for all children, regardless of their ethnic, cultural, or personal background, notably by abolishing the two-schools-under-one- roof practice ruled as discriminatory and as ethnic segregation by the Supreme Court of Federation of BiH, by enabling Bosniak children in Republika Srpska to name their mother tongue as Bosnian language and by increasing the enrolment and completion rate of Roma pupils;
2021/02/15
Committee: AFET
Amendment 135 #

2019/2171(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Urgently calls on BiH to remedy the unequal access to remote schooling, resulting in many children being deprived of their right to education throughout the pandemic;
2021/02/15
Committee: AFET
Amendment 140 #

2019/2171(INI)

Motion for a resolution
Paragraph 5
5. Urges all BiH political leaders and institutions to significantly accelerate work and co-operation to fully comply with the 14 key priorities; calls on the authorities to maintain the political will for enhanced co-operation demonstrated at the onset of the COVID-19 crisis, especially through developing and adopting a national programme for the adoption of the EU acquis; guaranteeing legal certainty by establishing a judicial body entrusted with ensuring the consistent interpretation of the law throughout BiH; ensuring that veto rights in all administrative bodies entrusted with implementing the acquis are eliminated; strengthening the prevention and fight against corruption and organised crime; ensuring the implementation of the legislation on non- discrimination and on gender equality; enabling environment for civil society by upholding European standards on freedom of association and freedom of assembly;
2021/02/15
Committee: AFET
Amendment 148 #

2019/2171(INI)

Motion for a resolution
Paragraph 6
6. Underlines that the effective organisation and independent functioning of institutions is an essential feature of a viable democracy and a prerequisite for advancing the EU integration process, including obtaining candidate status; warns that ethno-nationalistic divisive rhetoric and attempts to obstruct the functioning of institutions undermine unity, lasting stability and country-wide co- ordination and decision-making on key policies and reforms;
2021/02/15
Committee: AFET
Amendment 156 #

2019/2171(INI)

Motion for a resolution
Paragraph 7
7. Commends the adoption of the amendments to the BiH Election Law that allowed Mostar citizens to vote in the 2020 local elections; welcomes the Parliamentary Assembly’s vote of 22 July 2020 on the Rules of Procedure governing the meetings of Stabilisation and Association Parliamentary Committee (SAPC), paving the way for their formal adoption by the 2nd EU-BiH SAPC as soon as possible and for a fruitful parliamentary cooperation;
2021/02/15
Committee: AFET
Amendment 164 #

2019/2171(INI)

Motion for a resolution
Paragraph 7 d (new)
7d. Calls on the EC and the EEAS to step up their mediation activities in BiH, in order to strengthen political dialogues and reconciliation, which is central to the future development of BiH, and to provide a framework for dealing with the legacies from the past and for overcoming the divisions in the society;
2021/02/15
Committee: AFET
Amendment 173 #

2019/2171(INI)

Motion for a resolution
Paragraph 8
8. Underlines the urgent need to address shortcomings in the constitutional framework andincluding through harmonisation of laws on cantonal and federal level and expanding the state’s jurisdiction, as well as to make progress on reforms that would transform BiH into a fully functional and inclusive state by implementing the Sejdic-Finci case group; stresses that institutional reforms depend on the will and commitment of political leaders and institutions in the country; urges the international community to facilitate the conditions for constitutional dialogue within BiH institutions and among elected representatives in BiH under the leadership of the EU, in particular Parliament, and in consultation with civil society;
2021/02/15
Committee: AFET
Amendment 182 #

2019/2171(INI)

Motion for a resolution
Paragraph 10
10. Regrets the lack of progress on reforms in the judiciary; reiterates the urgent need to resolve the mounting backlog of cases pending trial, to strengthen the professionalism and accountability of the judiciary and, to ensure its independence from undue influence by adopting new legislation on the High Judicial and Prosecutorial Council and on the Courts of BiH in line with EU standards;
2021/02/15
Committee: AFET
Amendment 195 #

2019/2171(INI)

Motion for a resolution
Paragraph 11
11. Calls for immediate steps to tackle corruption and impunity in the public sphere in order to rebuild citizens’ trust in the institutions; by adopting and implementing legislation on conflict of interest and whistle-blowers’ protection; ensuring the effective functioning and coordination of anti-corruption bodies; align the legislation and strengthen capacities on public procurement; ensuring transparency of privatisation processes; in particular, calls for the authorities to duly investigate and resolve the lack of effective prosecutions for high- profile corruption cases; insists that the persistent lack of transparency shown by political actors and public institutions alike needs to be addressed;
2021/02/15
Committee: AFET
Amendment 209 #

2019/2171(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Regrets the lack of progress on addressing the EU’s Opinion priority n. 11 on ensuring an enabling environment for civil society by upholding European standards on freedom of association and freedom of assembly; underlines the importance of protecting and promoting freedom of association and deplores that the exercise of freedom of assembly remains restricted; regrets that activists, in particular those dealing with sensitive issues in Republika Srpska have been subject to threats, intimidation, fines and judicial prosecution; calls on the authorities to develop a strategic framework of cooperation with civil society and to ensure meaningful consultations as part of inclusive policy dialogues;
2021/02/15
Committee: AFET
Amendment 210 #

2019/2171(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Stresses the need to make the European integration process as inclusive and open as possible; notes the insufficient involvement of civil society organisations which can make substantial contributions to the EU integration process; notes that this involvement is of paramount importance for the participation of citizens in the democratic life of the country and in the enlargement process;
2021/02/15
Committee: AFET
Amendment 214 #

2019/2171(INI)

Motion for a resolution
Paragraph 13
13. Expresses concern over the fundamental rights situation, specifically, the persisting discrimination and hate speech faced by the LGBTIQ+ community, migrants and asylum seekers, as well as ethnic and religious minorities, and calls for more effective and comprehensive countrywide hHuman rRights and anti- discrimination strategies, as well asincluding an action plan on child protection, an action plan on LGBTIQ+ people and measures against interfaith and interethnic intolerance; stresses the need to duly prevent and prosecute the proliferation of hate speech, hate crimes and violence targeting minorities, LGBTIQ+ persons and women, and to promote social inclusion of minorities and vulnerable populations, including the Roma, in line with the 2019 Poznan Declaration on Roma Integration within the EU Enlargement Process, persons with disabilities, LGBTIQ+ persons, migrants and asylum seekers, as well as displaced persons and refugees;
2021/02/15
Committee: AFET
Amendment 221 #

2019/2171(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Underlines that the enlargement process needs to deliver for women and all gender of BiH; urges the authorities to harmonise legislation on gender equality across the country and fully implement it; expresses concern about the high ratio of gender-based violence, increased domestic violence under COVID restrictions, and about abuses against women’s rights defenders, and the insufficient institutional response to tackle this phenomenon; stresses the need to ensure that reparation, access to specialised services, victims support, legal aid and safe accommodation for survivors of violence are guaranteed across the country and that women’s civil society organisations providing these services are supported;
2021/02/15
Committee: AFET
Amendment 222 #

2019/2171(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Recalls the need for specific earmarked funding on gender equality in all EU external financing instruments, and for reduced administrative constraints to allow access to funding for local and small civil society organisations (CSOs) and especially women civil society organisations (WCSOs);
2021/02/15
Committee: AFET
Amendment 229 #

2019/2171(INI)

Motion for a resolution
Paragraph 14
14. Commends the decision of the Constitutional Court of 4 October 2019 to repeal Article 11 of the Constitution of the Republika Srpska entity, thus abolishing capital punishment across BiH; regrets that the Republika Srpska entity parliament did not amend the Constitution on this matter prior to the Court decision;
2021/02/15
Committee: AFET
Amendment 232 #

2019/2171(INI)

Motion for a resolution
Paragraph 15
15. Regrets BiH’s continued inability to comply with anti-discrimination rulings of the European Court of Human Rights (ECtHR); notes the continuing shortcomings in the election process, and reiterates the need to address discriminatory ethnicity and residency- based restrictions on the right to stand for election through the required constitutional changes; regrets the inability to ensure that elections are conducted in line with European standards by implementing OSCE/ODIHR and relevant Venice Commission recommendations, as well as to ensure transparency of political party financing;
2021/02/15
Committee: AFET
Amendment 242 #

2019/2171(INI)

Motion for a resolution
Paragraph 16
16. Calls for thorough investigations into alleged electoral irregularities, including identity theft, barriers to independent electoral observation and political pressure on voters and the BiH Central Election Commission (CEC) itself and other irregularities, during of the 2020 municipal elections;
2021/02/15
Committee: AFET
Amendment 245 #

2019/2171(INI)

Motion for a resolution
Paragraph 17
17. Regrets continued political and financial pressure and instrumentalisation of the media, undermining freedom of expression and media pluraliswhich has especially deteriorated during the covid-19 pandemic, thus undermining freedom of expression and media pluralism, especially due to the lack of financial sustainability of the public broadcasting system; expresses its concern at the hostile environment for independent media, and urges the authorities to effectively investigate and prosecute verbal and physical threats and attacks against journalists and media personnel; , including female journalists, and media personnel; calls for the regulation of transparency of media ownership;
2021/02/15
Committee: AFET
Amendment 268 #

2019/2171(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Insists that BiH itself must increase proactive information-sharing on the pandemic, clarification of preventive measures and instructions for citizens, as well as data on infections and vaccinations through official channels;
2021/02/15
Committee: AFET
Amendment 280 #

2019/2171(INI)

Motion for a resolution
Paragraph 19
19. Notes the increased migratory pressure on the country; calls for effective inter-institutional and inter-governmental coordination of migration and border management in the face of a mounting humanitarian crisis; calls for equitable burden-sharing and adequate support for local communities hosting temporary reception centres; underlines the need to ensure appropriate reception condiurges the BiH authorities to quickly scale up actions to address the grave humanitarian situations and to boost capacity for processing incoming migrants and asylum-seekers; urges BiH to conclude an agreement with the European Asylum Support Office (EASO); callprovide immediate assistance and secure basic living conditions to all the migrants and refugees oin the EU to step up its support to BiH’s authorities, namely with regard to operational assistancetemporary reception centres;
2021/02/15
Committee: AFET
Amendment 288 #

2019/2171(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Insists that it has to be ensured that humanitarian operations can reach migrants and refugees with humanitarian assistance;
2021/02/15
Committee: AFET
Amendment 289 #

2019/2171(INI)

Motion for a resolution
Paragraph 19 b (new)
19b. calls for equitable burden-sharing and adequate support for local communities hosting temporary reception centres; stresses the need to ensure appropriate reception conditions and to boost capacity for processing incoming migrants and asylum-seekers; urges BiH to conclude an agreement with the European Asylum Support Office (EASO); calls on the EU to step up its support to BiH’s authorities, namely with regard to operational assistance;
2021/02/15
Committee: AFET
Amendment 291 #

2019/2171(INI)

Motion for a resolution
Paragraph 19 c (new)
19c. calls on the EU to investigate and report on the financial assistance given to BiH authorities and international organizations in BiH for handling the migrant situation in order to ensure transparency and increase the credibility of the EU; calls on a prompt assessment of the EU financial assistance, both by DG ECHO and under IPA, given to BiH authorities and international organizations in BiH for handling the migrant situation in order to ensure transparency;
2021/02/15
Committee: AFET
Amendment 292 #

2019/2171(INI)

Motion for a resolution
Paragraph 19 d (new)
19d. Calls on the BiH authorities to improve the efficiency of the asylum system;
2021/02/15
Committee: AFET
Amendment 293 #

2019/2171(INI)

Motion for a resolution
Paragraph 19 e (new)
19e. Calls on the EU and the BiH’s authorities to work on long term sustainable solutions for people in transit in BiH;
2021/02/15
Committee: AFET
Amendment 294 #

2019/2171(INI)

Motion for a resolution
Paragraph 19 f (new)
19f. Expresses great concern regarding the number of unaccompanied or separated children among refugees and migrants left without access to adequate accommodation and child protection services; calls for effectively facilitating fast-track asylum applications from vulnerable children and families and to recognise them as a priority group in any of the national health, education and protection strategies;
2021/02/15
Committee: AFET
Amendment 295 #

2019/2171(INI)

Motion for a resolution
Paragraph 19 g (new)
19g. Expresses concern for BiH’s increasing cooperation with neighbouring countries in terms of migration policies, inter alia resulting in violent pushbacks in violation of international treaties BiH is a party to, and abuse of migrants at the country’s borders; calls on the EU and EU member states to stop illegal pushbacks notably by Croatian authorities which make the crisis in border areas even bigger; calls in this regard for the establishment of an EU-wide mechanism that shall include in its investigation reports or testimonies of victims of border violence, allowing for the independent investigation of alleged violations of European law at the borders to put an end to the fundamental and human rights violations;
2021/02/15
Committee: AFET
Amendment 296 #

2019/2171(INI)

Motion for a resolution
Paragraph 19 h (new)
19h. Calls for safe and legal pathways for refugees and migrants into the EU and for an EU migration and asylum policy based on solidarity amongst the Member States;
2021/02/15
Committee: AFET
Amendment 299 #

2019/2171(INI)

Motion for a resolution
Paragraph 20
20. Urges BiH to step up its efforts against cross-border crime, especially human traffickingto fight against drug and human smugglers, and to ensure swift conclusion of the status agreement with the European Border and Coast Guard Agency (Frontex) that wshould aim at facilitateing a better protection of borders inand humane border approach fully respect foring fundamental rights, while helping fight cross-border crime;
2021/02/15
Committee: AFET
Amendment 304 #

2019/2171(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Calls for the resignation of the Executive Director of FRONTEX, in view of the alleged involvement of the Agency in violations of fundamental rights; demands a parliamentary inquiry to investigate FRONTEX’ alleged illegal practices;
2021/02/15
Committee: AFET
Amendment 312 #

2019/2171(INI)

Motion for a resolution
Paragraph 21
21. Calls for a timely co-ordinated, strategic, transparent and publicly accessible countrywide response to the ongoing health emergency and post- pandemic recovery measures; recalls COVID-related EU support to address the acute situation in the country; calls on the European Commission and the Member States to allocate a sufficient number of COVID-19 vaccines to , taking into account the different impact of the crisis on different genders, that must reach all individuals affected by the crisis; recalls COVID-related EU support to address the acute situation in the country needs to address the specific needs of women and of minority and vulnerable groups; calls on the European Commission and the Member States to allocate a sufficient number of COVID-19 vaccines to the Western Balkan countries and support their vaccination preparedness; welcomes in this respect the package that will allow BiH and other Western Balkan countries partners to finally benefit from the EU Advance Purchase Agreements; underlines that the much needed COVID-19 mitigation measures should not lead to further marginalization or stigmatization of vulnerable groups, including refugees and migrants;
2021/02/15
Committee: AFET
Amendment 322 #

2019/2171(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Condemns the authorities’ poor management of the covid-19 crisis, including selective enforcement of the ban on assemblies - resulting in the ban of the route of 2020 Sarajevo Pride march -, curtailment of freedom of expression by excluding the media from press conferences, public procurement irregularities and by not offering solutions to meet the needs of refugees, asylum seekers and migrants;
2021/02/15
Committee: AFET
Amendment 332 #

2019/2171(INI)

Motion for a resolution
Paragraph 23
23. Calls on BiH to step up active labour market measures aimed at reducing long-term andunemployment, including youth unemployment, contributing to the most acute brain drain in the region by investing more in the education sector – from pre- school to higher education - in order to achieve better and equal opportunities for all including vulnerable groups; recalls BiH commitment to increase the employment rate of Roma people;
2021/02/15
Committee: AFET
Amendment 338 #

2019/2171(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Recalls that the unemployment of women, who make up 60 % of the working age inactive persons, is of particular concern;
2021/02/15
Committee: AFET
Amendment 339 #

2019/2171(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Welcomes the continued participation of BiH in the Erasmus+, Creative Europe and Europe for Citizens Programmes; stresses that educational and cultural exchanges and joint projects are an essential part of bringing the citizens of BiH and of the EU closer;
2021/02/15
Committee: AFET
Amendment 340 #

2019/2171(INI)

Motion for a resolution
Paragraph 23 b (new)
23b. Calls on the authorities to harmonise the legislation on maternity and paternity leave across entities and cantons;
2021/02/15
Committee: AFET
Amendment 342 #

2019/2171(INI)

Motion for a resolution
Paragraph 23 d (new)
23d. Underlines that social cohesion is an essential element of a sustainable and united future for BiH; therefore stresses the importance for the EU to support the strengthening of the welfare system of BiH, so as to boost a policy of social justice, of reduction of social inequalities, which will contribute to strengthening social cohesion; regrets that serious challenges remain to be addressed as regards to poverty reduction and calls for access to public health coverage for all; recalls that BiH is a signatory to all ILO fundamental and governance Conventions and as such calls for enhanced social dialogue and social protection;
2021/02/15
Committee: AFET
Amendment 343 #

2019/2171(INI)

Motion for a resolution
Paragraph 24
24. Urges the authorities to prioritise measures aimed at boosting economic diversification, digitalisation and tackling the informal economy, while developing effective and transparent mechanisms for energy market, transport infrastructure, sustainable tourism and support for SMEs; calls on the authorities to foster the social-economic dialogue among social partners on all socio-economic matters;
2021/02/15
Committee: AFET
Amendment 359 #

2019/2171(INI)

Motion for a resolution
Paragraph 25
25. Recommends focusing on sustainable and inclusive growth- enhancing public investment and infrastructure projects, making full use of the Economic and Investment Plan for the Western Balkans; which can contribute to facilitating a social development and long-term recovery following the pandemic; stresses however the need to ensure that EU funds contain both incentives and conditionality and shall effectively contribute to protecting and strengthening democracy, good governance, the rule of law and fundamental rights for all people in BiH;
2021/02/15
Committee: AFET
Amendment 368 #

2019/2171(INI)

Motion for a resolution
Paragraph 26
26. Urges BiH’s authorities to ensure alignment with EU standards and policy objectives on climate protection and energy, facilitating the green and digital transition, and calls for the prioritisation of measures reducing ecological degradation and environmental risks to health by banning the building of small hydropower plants, combating illegal construction, and increasing inspection oversight on ecological issues; welcomes the adoption of the Green Agenda for the Western Balkans, which shall incentivize the transition to a circular economy and the adoption of the necessary measures to preserve and protect environmentally sensitive areas;
2021/02/15
Committee: AFET
Amendment 399 #

2019/2171(INI)

Motion for a resolution
Paragraph 28
28. Welcomes the continued presence of EUFOR’s Operation Althea in the country and the extension of EUFOR’s mandate until November 2021; commends that BiH contributes troops to EU CSDP training missions; welcomes the signature of a joint roadmap for action on the G7 partnership for Women, Peace and Security;
2021/02/15
Committee: AFET
Amendment 405 #

2019/2171(INI)

Motion for a resolution
Paragraph 30
30. Reaffirms its position that government and civil society representatives of the Western Balkan countries should be engaged in the Conference on the Future of Europe;
2021/02/15
Committee: AFET
Amendment 12 #

2019/2167(INI)

Draft opinion
Paragraph 1
1. Calls on the EEAS, the Commission and the EU Member States to systematically integrate gender mainstreaming and an intersectional perspective into the EU’s foreign and security policy; and to make gender equality an explicit goal of the EU external action; calls for the experiences of women and girls facing multiple and intersecting forms of discrimination and marginalization - based on their age, gender, ethnicity, religion, socio- economic and legal status, ability, sexual orientation and gender identity - to be put at the heart of policy-making, and draw on their unique and diverse experiences;
2020/05/11
Committee: AFET
Amendment 22 #

2019/2167(INI)

Draft opinion
Paragraph 1 a (new)
1a. Stresses the need of implementation of the “EEAS Strategy on Gender and Equal Opportunities for the period 2018-2023”;
2020/05/11
Committee: AFET
Amendment 25 #

2019/2167(INI)

Draft opinion
Paragraph 2
2. Calls on the VP/HR to make substantial and highly visible progress on gender equality in terms of leadership and management, staffing, training, financial resources and organisational hierarchy; calls in this regard for mandatory training on gender equality; calls for better gender balancing when it comes to the EU external representation, in particular calls for gender equality to be taken into consideration for the nomination of future Heads of EU Delegations and EU Special Representatives;
2020/05/11
Committee: AFET
Amendment 34 #

2019/2167(INI)

Draft opinion
Paragraph 2 a (new)
2a. Calls for the annual budgetary procedures applied for the upcoming MFF, including external financing through and the Neighbourhood, Development, and International Cooperation Instrument (NDICI) and Instrument for Pre-Accession (IPA) III to integrate a gender-responsive perspective; calls for gender-responsive budgeting and obligatory requirements for gender impact assessments in the NDICI and IPA III regulations, as part of a general ex-ante conditionality to inform programming, in accordance with European Institute for Gender Equality (EIGE) guidance, the EU Gender Action Plan and OECD DAC criteria requirements;
2020/05/11
Committee: AFET
Amendment 49 #

2019/2167(INI)

Draft opinion
Paragraph 3
3. Calls on the VP/HR to ensure that the Heads of EU Delegations abroad have a formal responsibility to ensure that gender equality is mainstreamed throughout all aspects of the Delegation’s work and that gender equality issues are regularly raised in political dialogues with government counterparts, and are required to report on it; further calls on the VP/HR to ensure that there is one full-time gender focal pointadvisor in the EU Delegations;
2020/05/11
Committee: AFET
Amendment 51 #

2019/2167(INI)

Draft opinion
Paragraph 3 a (new)
3a. Reiterates that only 22 out of 176 employees in the European Union Military Staff (EUMS) are female, of which 12 serve as secretaries or assistants;
2020/05/11
Committee: AFET
Amendment 52 #

2019/2167(INI)

Draft opinion
Paragraph 3 b (new)
3b. Recalls that the European Commission announced in its Gender Equality Strategy 2020-20251a its objective to reach gender balance of 50% at all levels of its management by the end of 2024; urges the VP/HR to start implementing Commission’s recommendations in this regard; __________________ 1ahttps://eur-lex.europa.eu/legal- content/EN/TXT/?uri=COM%3A2020%3 A152%3AFIN
2020/05/11
Committee: AFET
Amendment 59 #

2019/2167(INI)

Draft opinion
Paragraph 4
4. Regrets that not a single one of the 12 civilian CSDP missions is headed by a woman; calls on the VP/HR to draw up a gender equality strategy for CSDP missions with specific targets, for both leadership and personnel;
2020/05/11
Committee: AFET
Amendment 60 #

2019/2167(INI)

Draft opinion
Paragraph 4
4. Regrets that not a single one of the 12 civilian CSDP missions is headed by a woman; calls on the VP/HR to draw up a gender equality strategy for CSDP missions with specific targets;
2020/05/11
Committee: AFET
Amendment 76 #

2019/2167(INI)

Draft opinion
Paragraph 5
5. Stresses that developing and using gender analysis and the systematic integration of a gender perspective constitutes one of the foundations of effective and lasting conflict prevention and resolution; stresses for the recognition of the significant role women and girls play in achieving sustainable peace; calls for the safe, meaningful and inclusive participation of women and girls from the grassroots level to peacebuilding, post- conflict reconstruction, governance and institution building actions;
2020/05/11
Committee: AFET
Amendment 87 #

2019/2167(INI)

Draft opinion
Paragraph 5 b (new)
5b. Calls on the eradication of female genital mutilation and the eradication of gender-based violence to be systematically addressed in the EU political dialogues with third countries; stresses that gender- based violence against women and girls must keep being a political priority for the EU in its external action; urges the EU to exercise all possible leverage for the perpetrators of mass rapes in warfare to be reported, identified, prosecuted and punished in accordance with international criminal law;
2020/05/11
Committee: AFET
Amendment 89 #

2019/2167(INI)

Draft opinion
Paragraph 5 c (new)
5c. Regrets that no explicit reference to gender equality and women’s rights is made in the European Commission’s joint communication on an EU Action Plan on Human Rights and Democracy 2020- 2024; calls for the revision and update of the EU Guidelines on violence against women and girls and combatting all forms of discrimination against them;
2020/05/11
Committee: AFET
Amendment 92 #

2019/2167(INI)

Draft opinion
Paragraph 5 d (new)
5d. Calls on the EU to put the ratification of the Istanbul Convention high on the agenda of its Political Dialogue with the Council of Europe (CoE) partner countries; welcomes the invitation from the Committee of Ministers of the CoE to Kazakhstan and Tunisia to accede to the Convention as the first non-member states, encouraging other countries to express their interest to accede too;
2020/05/11
Committee: AFET
Amendment 106 #

2019/2167(INI)

Draft opinion
Paragraph 7 a (new)
7a. Stresses that the EU needs to take decisive action to counter the global backlash against women’s rights and gender equality; calls on all external funds and programmes to have a significant share earmarked for gender equality purposes; calls in particular for financial support to female human rights defenders and to women’s civil society organisations, especially for capacity- building actions;
2020/05/11
Committee: AFET
Amendment 107 #

2019/2167(INI)

Draft opinion
Paragraph 7 b (new)
7b. Acknowledges the key role of civil society organisations and in particular women’s rights organisations and women human rights defenders in supporting the implementation of the EU Gender Action Plan and the EU Strategic Approach to Women Peace and Security and its Action Plan; calls on the European Commission to strengthen the involvement of civil society organisations in the formulation of the third Gender Action Plan and in its implementation in partner countries;
2020/05/11
Committee: AFET
Amendment 111 #

2019/2167(INI)

Draft opinion
Paragraph 8
8. Urges the VP/HR and the EU Member States to include references to UNSC resolution 1325 and follow-up resolutions in CSDP-related Council decisions and mission mandates, and to make sure that all CSDP missions and operations have an annual action plan on how to implement the objectives of GAP III and the EU Action Plan on WPS; calls for gender analysis to be put in place for new CSDP instruments, including the European Defence Fund and the proposed European Peace Facility;
2020/05/11
Committee: AFET
Amendment 116 #

2019/2167(INI)

Draft opinion
Paragraph 8 a (new)
8a. Calls for specific earmarked funding on gender equality in the framework of the proposed NDICI regulation and the IPA III regulation, and for reduced administrative constraints to allow access to funding for local and small CSOs and especially WCSOs;
2020/05/11
Committee: AFET
Amendment 136 #

2019/2167(INI)

Draft opinion
Paragraph 9 a (new)
9a. Calls on the European Commission and the EEAS to use the accession negotiations as a leverage to foster gender equality in the candidate countries;
2020/05/11
Committee: AFET
Amendment 140 #

2019/2167(INI)

Draft opinion
Paragraph 9 b (new)
9b. Calls on the Commission, the Council and the EEAS that its development cooperation policy and humanitarian aid action supports women’s economic empowerment and women and girls’ rights in partner countries; calls for the improvement of the reporting of EU funding for gender equality allocated and disbursed in partner countries through the EU GAP III;
2020/05/11
Committee: AFET
Amendment 145 #

2019/2167(INI)

Draft opinion
Paragraph 9 c (new)
9c. Calls on particular attention to be paid to the situation of women and girls on the move, on migration routes or camps, specifically calls for their access to WASH, SRHR and maternal health;
2020/05/11
Committee: AFET
Amendment 146 #

2019/2167(INI)

Draft opinion
Paragraph 9 d (new)
9d. Calls on the Commission, the Council and the EEAS to promote and support the inclusion of a specific gender chapter in all EU trade and investment agreements, and to ensure that it specifically foresees the commitment to promote gender equality and women empowerment; calls as well for provisions to be included in these trade agreements ensuring that their institutional structures guarantee periodical compliance reviews, substantial discussions and the exchange of information and best practices on gender equality and trade, through among others, the inclusion of women and experts on gender equality at all levels of the administrations concerned, including trade negotiating teams, joint committees, expert groups, domestic advisory groups, joint consultative committees and dispute settlement bodies;
2020/05/11
Committee: AFET
Amendment 304 #

2019/2136(INI)

Motion for a resolution
Paragraph 20
20. Reiterates its call to explore the establishment of a European Security Council that would improve the decision- making process and lead to more effective intergovernmental cooperation in this field; insists on the added value this European Security Council should bring, including with regard to the development of qualified majority decision-making in the Council;
2019/11/13
Committee: AFET
Amendment 343 #

2019/2136(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Stresses that strengthening substantial relations with East and Southeast Asia is essential to the EU's rules-based, comprehensive and sustainable Connectivity Strategy; takes note of the military build-up in the region and calls for all parties involved to respect the freedom of navigation, to solve differences through peaceful means and to refrain from taking unilateral actions to change the status quo, including in the East and South China Seas and the Taiwan Strait; expresses concern that foreign interferences from autocratic regimes through disinformation and cyber-attacks on the upcoming general elections threaten Asian democracies and regional stability; reiterates its support for Taiwan’s meaningful participation in international organisations, mechanisms and activities;
2019/11/13
Committee: AFET
Amendment 26 #

2019/2135(INI)

Motion for a resolution
Paragraph 1
1. Notes the lasting deterioration in the Union’s strategic environment in the face of multiple challenges directly or indirectly affecting the security of its Member States and citizens: armed conflicts immediately to the east and south of the European continent, jihadist terrorism, cyber attacks, uncontrolled migration, increasing threats to natural resources, climate change, etc.;
2019/11/12
Committee: AFET
Amendment 43 #

2019/2135(INI)

Motion for a resolution
Paragraph 3
3. Notes that global actors (the US, China, Russia) and an increasing number of regional actors (Turkey, Iran, Saudi Arabia, etc.) are seeking to assert power through a combination of unilateral diplomatic posturing, alliances shifts and increasing military military build-ups;
2019/11/12
Committee: AFET
Amendment 58 #

2019/2135(INI)

4 a. Stresses that strengthening substantial relations with East and Southeast Asia is essential to the EU's rules-based, comprehensive and sustainable Connectivity Strategy; takes note of the military build-up in the region and calls for all parties involved to respect the freedom of navigation, to solve differences through peaceful means and to refrain from taking unilateral actions to change the status quo, including in the East and South China Seas and the Taiwan Strait; expresses concern that foreign interferences from autocratic regimes through disinformation and cyber-attacks on the upcoming general elections threaten Asian democracies and regional stability; reiterates its support for Taiwan’s meaningful participation in international organisations, mechanisms and activities;
2019/11/12
Committee: AFET
Amendment 73 #

2019/2135(INI)

Motion for a resolution
Paragraph 5
5. Notes that the Union has beenis slow to react and adapt – politically, diplomatically and militarily – to new crises and to this new international context; considers that, in the specific area of defence, insufficient investment, differences in capabilities and a lack of interoperability, but also, and above all, a political reluctance to implement the robust provisions provided for in the European treaties and the numerous cooperation arrangements between Member States have weakenedmpers the Union’s ability to play a decisive role in external crises; recognises, further, that no country is able by itself to address the security challenges on the European continent and in its immediate environment;
2019/11/12
Committee: AFET
Amendment 91 #

2019/2135(INI)

Motion for a resolution
Paragraph 7
7. Is convinced that the response to the Union’s security challenges lies primarily in strengtheningdeeper integration in order to achieve its strategic autonomy;
2019/11/12
Committee: AFET
Amendment 102 #

2019/2135(INI)

Motion for a resolution
Subheading 2
The need to strengthenachieve European strategic autonomy
2019/11/12
Committee: AFET
Amendment 117 #

2019/2135(INI)

Motion for a resolution
Paragraph 9
9. Considers that the principle of European strategic autonomy is based on the ability of the Union to strengthen its freedom to assess, take decisions and take action where circumstances so require in order to defend its interests and, including its values;
2019/11/12
Committee: AFET
Amendment 129 #

2019/2135(INI)

Motion for a resolution
Paragraph 10
10. Considers, therefore, that European strategic autonomy is based, above all, on the ability of the Union to assess a crisis situation and take a decision autonomously, which necessarily entails an independent and efficient decision-making process, the availability of means of assessment and a freedom to analyse and take action; considers, also, that European strategic autonomy is based on the ability of the Union to act alone when its interests are at stake (theatres of operations not considered as priorities by its European partners) or within the framework of existing cooperation arrangements; considers, lastly, that European strategic autonomy is part of a multilateral framework which respects commitments within the UN and complements the (NATO) alliances and partnerships to which most Member States are signed up; stresses that strategic autonomy does not mean that the Union will systematically act alone, everywhere and always;
2019/11/12
Committee: AFET
Amendment 138 #

2019/2135(INI)

Motion for a resolution
Paragraph 11
11. Considers that the affirmation of European strategic autonomy depends on the establishment of European defence coopeintegration in the technological, capability, industrial and operational fields; considers that only practical and flexible cooperation based on pragmatic initiatives will make it possible to gradually overcome the difficulties, forge a genuine common strategic culture and shape common responses tailored to the continent’s main security and defence issues;
2019/11/12
Committee: AFET
Amendment 160 #

2019/2135(INI)

Motion for a resolution
Subheading 3
Real progress to be consolidated in order to strengthenachieve European strategic autonomy
2019/11/12
Committee: AFET
Amendment 242 #

2019/2135(INI)

27. Stresses the recurring problem faced by armed forces of a lack of equipment, which is an obstacle to the success of training missions; notes the difficulty of supplying suitable equipment in a timely manner (binding public procurement procedures to be followed, etc.); believes that achieving positive results in terms of training and advice for third-country armies is extremely difficult in the long term without the capacity to back up such efforts with worthwhile and coordinated equipment programmes; welcomes the Capacity Building for Security and Development (CBSD) initiative, which resulted in the revision of the Instrument contributing to Stability and Peace (‘IcSP+’) in 2017 so as to provide funding for training and the supply of non- lethal equipment to third countries’ armed forces; welcomes the Commission's proposal to place the CBSD initiative under the European Peace Facility; notes that, to date, three projects have been carried out, in Mali, the Central African Republic and Burkina Faso; highlights the strong demand from local populations for support in the area of training and equipment supply;
2019/11/12
Committee: AFET
Amendment 280 #

2019/2135(INI)

Motion for a resolution
Paragraph 34
34. Notes that the mutual assistance clause (Article 42(7) TEU), which has been invoked once, demonstrates the solidarity among Member States, notably in the common fight against terrorism; notes, however, that the conditions for triggering the article and the arrangements for providing the assistance required have never been clearly defined; calls for a more operational implementation of this instrument;
2019/11/12
Committee: AFET
Amendment 303 #

2019/2135(INI)

Motion for a resolution
Paragraph 37
37. Stresses that strengthenachieving European strategic autonomy will necessarily be based on increasing the Member States’ capabilities and defence budgets, and on strengthening the European defence technological and industrial base;
2019/11/12
Committee: AFET
Amendment 338 #

2019/2135(INI)

Motion for a resolution
Paragraph 41
41. Welcomes the Commission’s proposal of June 2017 to create a European Defence Fund (EDF), which would foster cooperation between Member States and support the European defence industry; notes that this proposal is the first initiative for which Community funds are to be used in direct support of defence projects; recognises that this is a major step forward for European defence, from both a political and an industrial perspective; notes that the EDF could finance structural projects such as the future European aircraft or tankcombat air system, tank, heavy lift aircraft, or a European anti- missile defence capability; notes that the 2019 work programme for the preparatory action will focus on electromagnetic spectrum dominance and future disruptive defence technologies, two key areas for maintaining Europe’s technological independence in the long term; welcomes, also, the adoption by the Commission in March 2019 of the first European Defence Industrial Development Programme (EDIDP) and the publication of nine calls for proposals for 2019, including for the Eurodrone, which is a key capability for Europe’s strategic autonomy; points out that 12 further calls for proposals will follow in 2020, covering priority areas in all domains (air, land, sea, cyber and space); notes the link between the procurement decisions taken today by the Member States and the prospects for industrial and technological cooperation under the EDF;
2019/11/12
Committee: AFET
Amendment 445 #

2019/2135(INI)

Motion for a resolution
Paragraph 57
57. Draws attention to NATO’s fundamental role in collective defence, as explicitly recognised in the Treaty on the Functioning of the European Union; believes that the EU-NATO partnership is essential for addressing the security challenges facing Europe and its neighbourhood; believes that EU-NATO cooperation should be complementary and takes full account of each of the two institution’s specific features and roles;
2019/11/12
Committee: AFET
Amendment 451 #

2019/2135(INI)

Motion for a resolution
Paragraph 57 a (new)
57a. Is concerned about lack of solidarity and growing tensions between NATO Members, as the actions of some undermine the security of others; questions the commitment of the US leadership to the common transatlantic security architecture; notes that a NATO member cooperates with Russia to disarm our allies in the war against ISIS in Syria; calls on the Member States to tackle the emergence of divergent interests and to maintain NATO’s unity;
2019/11/12
Committee: AFET
Amendment 473 #

2019/2135(INI)

Motion for a resolution
Paragraph 61
61. Considers that progress in European defence will pave the way for major structural changes; notes the announcement of the creation of a Directorate-General for Defence and Space at the Commission under the responsibility of the Commissioner- designate for the Internal Market; notes that this new DG should be responsible for supporting, coordinating or complementing the Member States’ actions in the area of European defence and would thus contribute to strengthening European strategic autonomy; notes the definition of its five main tasks (implementation and oversight of the EDF, creation of an open and competitive European defence equipment market, implementation of the action plan on military mobility, enhancement of a strong and innovative space industry, implementation of the future space programme), but calls on the Commission to provide further details on the role and responsibilities of the new DG; Wonders how it will coordinate its work with that of other defence policy structures which have other responsibilities (EDA, EEAS, etc.)including the establishment of a common defence in a near future, as foreseen by article 42.2 TEU; is of the opinion that the Conference on the future of Europe will have to reflect on European defence, adequately responding to developments in the EU’s strategic environment, including by considering amendments to the Treaties;
2019/11/12
Committee: AFET
Amendment 482 #

2019/2135(INI)

Motion for a resolution
Paragraph 61 a (new)
61a. Notes the announcement of the creation of a Directorate-General for Defence and Space at the Commission under the responsibility of the Commissioner-designate for the Internal Market; notes that this new DG should be responsible for supporting, coordinating or complementing the Member States’ actions in the area of European defence and would thus contribute to strengthening European strategic autonomy; notes the definition of its five main tasks (implementation and oversight of the EDF, creation of an open and competitive European defence equipment market, implementation of the action plan on military mobility, enhancement of a strong and innovative space industry, implementation of the future space programme), but calls on the Commission to provide further details on the role and responsibilities of the new DG; wonders how it will coordinate its work with that of other defence policy structures which have other responsibilities (EDA, EEAS, etc.);
2019/11/12
Committee: AFET
Amendment 97 #

2019/2125(INI)

Motion for a resolution
Paragraph 1
1. Expresses its deep concern at the attacks on democracy and the rule of law worldwide in 2018, which reflect the rise of authoritarianism as a political project, embodying disregard for human rights, repression of dissent, politicised justice and predetermined elections; is of the opinion that countries falling into authoritarian regimes become more vulnerable to instability, conflict, corruption and violent extremism; welcomes the fact that, at the same time, a number of countries have launched peace and democratisation processes, implemented constitutional and judicial reforms, and engaged with civil society in open and public debates with the objective of promoting fundamental freedoms and human rights, including the abolition of the death penalty; deplores the lack of engagement in the moratorium against the death penalty particular in Belarus, Indonesia , Iran, Japan, Pakistan, Saudi Arabia, Singapore, Thailand and the USA;
2019/10/28
Committee: AFET
Amendment 138 #

2019/2125(INI)

Motion for a resolution
Paragraph 6
6. Stresses the importance of advancing gender equality and women’s rights worldwide; emphasises that, in spite of progress, women and girls continue to suffer discrimination and violence; stresses that manyost societies still struggle to provide women and girls with equal rights under the law and equal access to education, healthcare, decent work and equal pay and political and economic representation; expresses concerns over the ongoing attacks on women’s rights and sexual and reproductive health and rights (SRHR), as well as over legislation in many parts of the world that restricts these rights, including in the EU;
2019/10/28
Committee: AFET
Amendment 142 #

2019/2125(INI)

Motion for a resolution
Paragraph 7
7. Stresses that respecting and promoting the rights of the child, fighting against all manifestationkinds of abuse, neglect, the trafficking and exploitation of children, including theforced marriages and the recruitment or use of child soldiers in armed conflict, and providing children with care and education are crucial tostakes for the future of humanity; in this respect supports the Monitoring and Reporting Mechanism (MRM) established with United Nations Security Council Resolution 1612 on children and armed conflict, including the strengthening of the independence and impartiality of the composition of the annual list of child rights violators, free from political interference;
2019/10/28
Committee: AFET
Amendment 167 #

2019/2125(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Notes that the number of persons forcibly displaced in 2018 exceeds 70 million, of whom 26 million were refugees; 41 million internally displaced and 3.5 million were asylum seekers; in addition 12 million people globally are stateless; takes the view that the drivers of displacement - wars, conflicts, political oppression, persecution and violence – will intensify through uneven economic development conditions and the adverse effects of climate change on the world’s poorest countries in particular;
2019/10/28
Committee: AFET
Amendment 170 #

2019/2125(INI)

Motion for a resolution
Paragraph 11
11. Stresses that freedom of speech and expression, as well as media pluralism, are at the heart of resilient democratic societies; condemns the use of legitimate aims such as counter-terrorism, state security and law enforcement in order to quell dissidents and limit the freedom of expression as done in Russia, Egypt, China and other countries; urges that the best possible safeguards against disinformation campaigns and hostile propaganda be put in place by developing a legal framework both at EU and international level for tackling hybrid threats, including cyber and information warfare;
2019/10/28
Committee: AFET
Amendment 183 #

2019/2125(INI)

Motion for a resolution
Paragraph 12
12. Recalls the EU’s commitment to placing human rights and democracy at the centre of its relations with non-EU countries; stresses, therefore, that the objective of advancing human rights and democracy around the world requires it to be mainstreamed in all EU policies which have an external dimension; stresses that the EU should, therefore, put in place measures to ensure EU engagement does not inadvertently reinforce authoritarian regimes;
2019/10/28
Committee: AFET
Amendment 190 #

2019/2125(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Calls on the Commission and EU Member States to adopt a new ambitious, comprehensive and binding Action Plan on Human Rights and Democracy for the next five years; its implementation and impact should be assessed through a strong monitoring mechanism;
2019/10/28
Committee: AFET
Amendment 192 #

2019/2125(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Notes the importance of its resolutions on breaches of human rights, democracy and the rule of law (known as urgency resolutions, in accordance with Rule 144, formerly Rule 135 of its rules of procedures); underlines the legal recurrence and the paramount visibility of the EU, by means of this tool, in its fight for human rights; calls on the EEAS to provide Parliament with regular reports on the follow-up actions it has taken on all the urgency resolutions and/or the recommendations therein; calls on the EEAS and EU Member States to enhance the visibility of the human rights violations raised in Parliament's urgency resolutions; reiterates its belief that this tool can be further developed to strengthen human rights and democracy through increased timely reflection, targeting and efficiency;
2019/10/28
Committee: AFET
Amendment 193 #

2019/2125(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Strongly recommends that the Commission enhances its engagement with Parliament's Subcommittee on Human Rights to enable it to contribute actively to the upcoming EU Action Plan on Human Rights and Democracy;
2019/10/28
Committee: AFET
Amendment 194 #

2019/2125(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Calls on the EEAS and the Commission to inform, consult and work closely with Parliament's Subcommittee on Human Rights, when revising and/or adopting EU policy documents for the conduct and monitoring of EU human rights foreign policy;
2019/10/28
Committee: AFET
Amendment 201 #

2019/2125(INI)

Motion for a resolution
Paragraph 13
13. Highlights that trade and human rights reinforce each other, and that the business community has an important role to play in offering positive incentives in terms of promoting human rights, democracy and corporate responsibility; reminds the Commission and the European External Action Service (EEAS) of the need to make effective use of human rights clauses within international agreements, based on political dialogue, the regular assessment of progress and recourse to the consultation procedure upon request from a party; requests that robustenforceable implementation and monitoring mechanisms of human rights clauses be put in place, involving Parliament, local civil society and relevant international organisations, through which the EU can sanction the partner countries committing human rights violations, as well as establishing a complaints mechanism for groups of citizens and stakeholders who are affected by human rights violations;
2019/10/28
Committee: AFET
Amendment 205 #

2019/2125(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Draws attention on the human rights impact of environmental devastation, both for populations that are subject to land invasion, and in respect of the right to the environment for all of humanity; urges EU institutions and Member States to include the right to breath clean air in their national international human rights policies;
2019/10/28
Committee: AFET
Amendment 217 #

2019/2125(INI)

Motion for a resolution
Paragraph 15
15. Strongly supports the work and efforts of the EU Special Representative for Human Rights (EUSR) in protecting and promoting human rights in the world; underlines the important objective within the mandate of the EUSR to enhance the Union’s effectiveness in this area; calls on the EUSR to act upon its mandate to contribute to enhancing the EU’s contribution to strengthening democracy;
2019/10/28
Committee: AFET
Amendment 234 #

2019/2125(INI)

Motion for a resolution
Paragraph 17
17. Stresses the link between the increase in human rights violations and widespread impunity and the lack of accountability in regions and countries devastated by conflicts or marked by politically motivated intimidation, discrimination, harassment and assault, abduction, violent policing, arbitrary arrests and cases of torturerbitrary arrests, cases of torture and killings; calls to support actions aimed at combating impunity and promote accountability especially in those regions where the dynamics of impunity reward those who bear the greatest responsibility and disempower victims;
2019/10/28
Committee: AFET
Amendment 252 #

2019/2125(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the EU’s efforts to promote the universality of the Rome Statute in 2018, during which the 20th anniversary of its adoption was celebrated, and reaffirms its unwavering support of the International Criminal Court; calls on the Commission and the EEAS to explore ways and present new tools to help the victims of violations of international human rights law and of international humanitarian law to access international justice and obtain remedy and reparation; notes that international law is currently under serious pressure and is concerned that, because of its wide jurisdiction, of the 193 UN member states, only 122 are members of the ICC and only 38 have ratified the Kampala Amendment which gives the ICC powers to prosecute the crime of aggression;
2019/10/28
Committee: AFET
Amendment 279 #

2019/2125(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Expresses its concern at the continued shrinking of civil society space in 2018; deplores that human rights defenders continue to be increasingly killed, persecuted, harassed and arbitrarily detained for defending universal principles of human rights; deplores the increasing enactment and abusive use of laws in third countries implemented to curtail and criminalise the legitimate work of human rights defenders;
2019/10/28
Committee: AFET
Amendment 283 #

2019/2125(INI)

Motion for a resolution
Paragraph 20 c (new)
20c. Underscores that HRDs working on land, environmental and indigenous rights, women HRDs and LGBTI+ rights defenders are those most at risk and require special attention; highlights that HRDs are indispensable actors in the promotion of human rights and democratisation;
2019/10/28
Committee: AFET
Amendment 288 #

2019/2125(INI)

Motion for a resolution
Paragraph 20 d (new)
20d. Calls on all EU Delegations and their focal point on human rights on the ground to regularly implement their obligation to meet with human HRDs, visit detained activists, monitor their trials and advocate for their protection on the ground; calls for them to be more visible and vocal with regard to human rights concerns; in this regard, further calls the EEAS, to collaborate more closely with Parliament and to raise concerns at an early stage;
2019/10/28
Committee: AFET
Amendment 310 #

2019/2125(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Welcomes the approach of integrating the gender perspective in EU Common Security and Defence Policy activities and underlines the importance of providing adequate gender sensitive training to healthcare professionals and humanitarian aid workers, including those working in emergency assistance;
2019/10/28
Committee: AFET
Amendment 312 #

2019/2125(INI)

Motion for a resolution
Paragraph 21 c (new)
21c. Points out that sexual and gender- based violence against women and girls, including harmful traditions such as child marriages and Female Genital Mutilation (FGM), inadequate access to basic sectors and social services, for example health, education, water, sanitation, and nutrition, difficulties in gaining access to sexual and reproductive health, and unequal participation in public and private institutions, as well as in political decision-making and in peace processes, represent an inacceptable violation of basic human rights that cannot be accepted by the EU and its Member States;
2019/10/28
Committee: AFET
Amendment 315 #

2019/2125(INI)

Motion for a resolution
Paragraph 21 e (new)
21e. Finds it inacceptable that women’s and girls’ bodies, specifically with respect to their sexual and reproductive health and rights, still remain an ideological battleground, in EU Member States as well as worldwide; calls for the EU and EU Member States to recognise the inalienable rights of women and girls to bodily integrity and autonomous decision making and condemns the frequent violation of women’s SRHR, including the denial of access to family planning services, affordable contraception and safe and legal abortion services;
2019/10/28
Committee: AFET
Amendment 319 #

2019/2125(INI)

Motion for a resolution
Paragraph 21 g (new)
21g. Stresses the importance of viewing access to health as a human right; highlights the need to guarantee access to sexual and reproductive health and rights, including measures to ensure that women freely control their bodies and lives, have access to family planning, to adequate feminine hygiene products and to receive the recommended natal care to prevent child and maternal mortality; highlights that safe abortion services are important elements to save women’s lives and contribute to avoiding high-risks births and reducing infant and child mortality; stresses the importance of access to adequate gender-sensitive mental health services, particularly in conflict and post- conflict situations;
2019/10/28
Committee: AFET
Amendment 327 #

2019/2125(INI)

Motion for a resolution
Paragraph 21 k (new)
21k. Emphasises that gender equality should be a key priority in all working relations, policies and external actions of the EU, as it is a principle for the EU and its Member States itself according to the Treaties;
2019/10/28
Committee: AFET
Amendment 333 #

2019/2125(INI)

Motion for a resolution
Paragraph 22
22. Calls for new EU initiatives to prevent and combat child abuse in the world, to rehabilitate conflict-affected children and to provide them with a shelterfamily- and community-based environment in which care and education are fundamental; calls for the EU to initiate an international movement to advocate the rights of the child, inter alia by organising an international conference on the protection of children in fragile environments;
2019/10/28
Committee: AFET
Amendment 340 #

2019/2125(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Welcomes the EU’s efforts in 2018 to tackle the institutionalisation of children and promote the transition from institutional to community-based care, as per the reference included in the proposal for a new Neighbourhood, Development and International Cooperation Instrument; calls for the EU, building upon this momentum and on the opportunity offered by the UN Resolution on the Rights of the Child 2019 which will focus on children deprived of parental care, to continue taking leadership on this issue and working to ensure children everywhere are supported to live in families and in the community and to access mainstream services;
2019/10/28
Committee: AFET
Amendment 344 #

2019/2125(INI)

Motion for a resolution
Paragraph 22 b (new)
22b. Calls on all States to commit themselves to eliminating the worst forms of child labour as defined by Article 3 of ILO Convention No 182, which include child slavery, trafficking, prostitution and hazardous work affecting a child’s physical and mental health;
2019/10/28
Committee: AFET
Amendment 348 #

2019/2125(INI)

Motion for a resolution
Subheading 8 a (new)
Rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons
2019/10/28
Committee: AFET
Amendment 350 #

2019/2125(INI)

Motion for a resolution
Subheading 8 a (new)
Rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons
2019/10/28
Committee: AFET
Amendment 354 #

2019/2125(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Condemns the recent increase in discriminatory laws and acts of violence against individuals because of their sexual orientation and gender identity; regrets that 72 countries criminalise homosexuality, including 12 which provide for the death penalty; emphasises the importance of the Commission and the EEAS continuing to raise the issue of LGBTI rights in political and human rights dialogues and in multilateral fora, and of using the EIDHR to support organisations defending LGBTI rights;
2019/10/28
Committee: AFET
Amendment 355 #

2019/2125(INI)

Motion for a resolution
Paragraph 22 b (new)
22b. Considers that the rights of lesbian, gay and bisexual people are more likely to be respected if they have access to legal institutions, such as registered partnership or marriage; encourages EU institutions and Member States to support the recognition of same-sex marriage or civil unions as a political, social and human and civil rights; welcomes the fact that more and more countries are creating legislation in the right to build a family through marriage, civil union and adoption without discrimination based on sexual orientation, and calls on the Commission and Member States to develop proposals for mutual recognition of these unions and same-sex families across the EU, so as to ensure equal treatment in terms of work, free movement, taxation and social security, protecting household incomes and children;
2019/10/28
Committee: AFET
Amendment 372 #

2019/2125(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Is deeply concerned at the serious and systematic human rights abuses being perpetrated by the Chinese government against ethnic and religious communities, especially the mass arbitrary detention of an estimated 1-3 million Uyghurs in internment camps in the Xinjiang Uyghur Autonomous Region; urges the EU institutions to fully implement the provisions of its urgency resolutions and to seriously consider imposing targeted sanctions, asset freezes and other concrete measures on those responsible for the conception and implementation of the camp system; urges the VP/HR to continue to substantively raise this issue with their counterparts in the Chinese government in bilateral and multilateral settings and to continue to demand that the internment camps be closed;
2019/10/28
Committee: AFET
Amendment 378 #

2019/2125(INI)

Motion for a resolution
Paragraph 24
24. Urges the Commission, the EEAS and the Member States to step up advocacact with transparency, neutrality and impartiality in relation to FoRB, and to launch interreligiousthe dialogue with states and representatives of civil society and faith, faith, humanistic and philosophical groups in order to prevent acts of violence and discrimination against persons on the grounds of thought, philosophical opinions, conscience, religion or belief; calls for the EU to continue to forge alliances and to enhance cooperation with a broad range of countries and regional organisations, in order to deliver positive change in relation to FoRB; reminds the Council and Commission of the need to adequately support the institutional mandate, capacity and duties of the Special Envoy for the promotion of FoRB outside the EU;
2019/10/28
Committee: AFET
Amendment 395 #

2019/2125(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Recognises that to choose their own leaders without any interferences of the State and in accordance with the right to freedom of thought, conscience, religion or belief is a right of religious communities and groups;
2019/10/28
Committee: AFET
Amendment 413 #

2019/2125(INI)

Motion for a resolution
Paragraph 24 e (new)
24e. Calls for EU Member States to immediately end global trade in goods used for torture and capital punishment;
2019/10/28
Committee: AFET
Amendment 414 #

2019/2125(INI)

Motion for a resolution
Paragraph 25
25. Reaffirms that the activities of all companies, whether operating domestically or across borders, must be in full compliance with international human rights and environmental standards; stresses the need to establish an instrument to regulate, in international human rights law, the activities of transnational corporations and other companies; reminds all countries to implement the UN Guiding Principles on Business and Human Rights (UNGPs), and calls on those EU Member States that have not yet adopted National Action Plans on Business Rights to do so as early as possiblecompanies; underlines that many European companies are linked to serious human rights abuses and environmental degradation such as forced and child labour, land grabbing and toxic pollution; calls the Commission to advance a legislative proposal on corporate human rights and environmental due diligence to prevent abuses in their global operations, and to improve access to justice for victims; reminds all countries to implement the UN Guiding Principles on Business and Human Rights (UNGPs), and calls on those EU Member States that have not yet adopted National Action Plans on Business Rights to do so as early as possible; calls the EU and its Member States to constructively support the development of the binding UN instrument on transnational corporations and other business enterprises with respect to human rights, and considers this to be a necessary step forward in the promotion and protection of human rights;
2019/10/28
Committee: AFET
Amendment 461 #

2019/2125(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Stresses the urgent need to develop stronger policies at EU level to address issues related to migrants, refugees and asylum seekers in a manner consistent with international human rights law and fundamental human dignity; calls on the EU and its Member States to guarantee humanitarian corridors and to deliver humanitarian visas; stresses that humanitarian aid, in particular in the context of Search and Rescue operations, should never be criminalised; invites EU Member States to approve the revision of the Dublin Regulation and to promote legal migration in a true spirit of cooperation and equitable burden sharing;
2019/10/28
Committee: AFET
Amendment 468 #

2019/2125(INI)

Motion for a resolution
Paragraph 28 b (new)
28b. Requests the EU to participate actively in the debate on the term “climate displaced persons”, including its possible legal definition in international law or in any legally binding international agreements;
2019/10/28
Committee: AFET
Amendment 472 #

2019/2125(INI)

Motion for a resolution
Paragraph 29
29. Stresses that the EU should continue to actively support democratic and effective human rights institutions political parties, independent media, parliaments and civil society in their efforts to promote democratisation; calls for transparency in the allocation of funding and the monitoring of the use of funds for the activities concerned; positively notes, in this context, the European Endowment for Democracy’s consistent engagement in the eastern and southern neighbourhoods of the EU to promote democracy and respect for fundamental rights and freedoms; recalls that the experience gained and the lessons learned from transitions to democracy in the framework of the enlargement and neighbourhood policies could make a positive contribution to the identification of best practices that could be used to support and consolidate other democratisation processes worldwide; welcomes the Council’s discussions on conclusions on democracy as the start of updating and strengthening the EU’s approach to strengthen democracy and calls the EU Member States to raise funds to EED;
2019/10/28
Committee: AFET
Amendment 487 #

2019/2125(INI)

Motion for a resolution
Paragraph 30
30. Reiterates its positive view of the EU’s continued support for electoral processes and its provision of electoral assistance and support to domestic observers; welcomes and fully supports, in this context, the work of the European Parliament’s Democracy Support and Election Coordination Group; recalls the importance of proper follow-up to the reports and recommendations of the election observation missions as a way of enhancing their impact and strengthening the EU’s support for democratic standards in the countries concerned; stresses the need to support democracy throughout the electoral cycle through long-term and flexible programmes that reflect the nature of democratic change;
2019/10/28
Committee: AFET
Amendment 17 #

2019/0273(COD)

Draft legislative resolution
Citation 5 a (new)
- having regard to opinion 2/15 of the European Court of Justice,
2020/06/05
Committee: INTA
Amendment 18 #

2019/0273(COD)

Proposal for a regulation
Citation 1 a (new)
- having regard to opinion 2/15 of the European Court of Justice,
2020/06/05
Committee: INTA
Amendment 19 #

2019/0273(COD)

Proposal for a regulation
Recital 1 a (new)
(1a) Opinion 2/15 of the Court of Justice of the European Union1а provided clarity regarding the question of competences covered by comprehensive trade agreements. That opinion clarifies, inter alia, that provisions covered by Trade and Sustainable Development chapters fall within the exclusive competence of the Union and that the goal of sustainable development forms an integral part of the common commercial policy. __________________ 1а ECLI:EU:C:2017:376.
2020/06/05
Committee: INTA
Amendment 20 #

2019/0273(COD)

Proposal for a regulation
Recital 2 a (new)
(2a) Dispute settlement provisions, including in regional and bilateral trade agreements, might lack the specificity necessary to adjudicate disputes effectively, necessitating a reliance on this Regulation.
2020/06/05
Committee: INTA
Amendment 47 #

2019/0273(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b a (new)
Regulation (EC) No 654/2014
Article 3 – paragraph 1 – point b c
(ba) the following point (bc) is inserted: (bc) In trade disputes relating to other international trade agreements, including regional or bilateral agreements, if adjudication is not possible, including because of lack of specificity of provisions, leading to a non-functioning dispute settlement procedure.
2020/06/05
Committee: INTA
Amendment 52 #

2019/0273(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 654/2014
Article 4 – paragraph 2 – point b b
(bb) where measures are taken to restrict the trade with a third country in situations under Article 3(aa) or Article 3(bb), such measures shall be commensurate to the nullification or impairment of the Union’s commercial interests caused by the measures of that third country and, as much as possible, provide relief to the Union’s sectors affected;
2020/06/05
Committee: INTA
Amendment 56 #

2019/0273(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) No 654/2014
Article 4 a (new)
(2a) The following article shall be inserted : Article 4a Request by the European Parliament or Member States 1. The European Parliament or Member States may ask the Commission to adopt or take appropriate steps to adopt the implementing acts referred to in Article 4. 2. If the European Parliament or a Member State decides to make use of the possibility referred to in paragraph 1, it shall supply the Commission with any evidence of cases referred to in Article 3 that nullifies or impairs the commercial interests of the Union. 3. After the receipt of a request, the Commission shall inform the European Parliament and Member States without delay of how it intends to follow up on the request.
2020/06/05
Committee: INTA
Amendment 3 #

2018/0358M(NLE)

Draft opinion
Paragraph 1
1. Underlines that economic development and multilateralism are important tools to improve people’s lives; points out that one of the objectives of the IPA is to strengthen the economic, trade and investment relationship between the EU and Viet Nam in accordance with the objective of sustainable development, and to promote trade and investment in a manner that is mindful of high levels offull compliance with human rights, environmental and labour protection and relevant internationally recognised standards and agreements;
2019/11/14
Committee: AFET
Amendment 8 #

2018/0358M(NLE)

Draft opinion
Paragraph 2
2. Welcomes the enhanced political dialogue between the EU and Viet Nam and the upgraded potentialpossibility to address human rights concerns in the framework of the institutional mechanisms established under Article 35 of the PCA and Article 13 of the FTA; believes that those articles provide the necessary tools to address human rights concerns related to the IPAtakes note that even if a Party may unilaterally take appropriate measures when it considers that the other Party has committed a material breach of the PCA, these measures are in full discretion of the parties and have been used in very exceptional circumstances;
2019/11/14
Committee: AFET
Amendment 14 #

2018/0358M(NLE)

Draft opinion
Paragraph 3
3. Stresses that under Article 35 of the PCA, the Parties agree to cooperate in the promotion and protection of human rights, including with regard to the implementation of international human rights instruments to which they are parties; notes with concern that it has proved to be insufficient as serious human rights violations have continued since the entry into force of the PCA;
2019/11/14
Committee: AFET
Amendment 17 #

2018/0358M(NLE)

4. Fully supports the human rights dialogue between the EU and Viet Nam, which is a very effective way to discuss issues related to human rights; regrets the lack of any tangible result after several rounds of EU- Vietnam human rights dialogues; further regrets that on at least two occasions Vietnam detained activists right before the dialogues; calls for the strengthening of the annual EU-Viet Nam human rights dialogue with the involvement of local and international civil society and taking into account information received from relevant international organisations; calls for the dialogue to be geared around concrete deliverables; notes with concerns that Vietnamese independent civil society has been violently repressed and largely operates underground for fear of persecution and retaliations;
2019/11/14
Committee: AFET
Amendment 25 #

2018/0358M(NLE)

Draft opinion
Paragraph 5
5. Underscores the importance of the IPA in contributing to raising living standards, promoting economic growth and stability, helping advance the rule of law, good governance, sustainable development and respect for human rights in Viet Nam, while also enabling the EU to foster its objectives of peace and stability in the region.
2019/11/14
Committee: AFET
Amendment 32 #

2018/0358M(NLE)

Draft opinion
Paragraph 5 a (new)
5a. Regrets that the European Commission conducted negotiations with Vietnam towards an IPA without carrying out a human rights impact assessment, thereby violating its own commitments and obligations, and calls on the Commission to carry out one, prior to the entry into force of the agreement
2019/11/14
Committee: AFET
Amendment 33 #

2018/0358M(NLE)

Draft opinion
Paragraph 5 b (new)
5b. Regrets that the regimes instituted by the investment protection agreement has insufficient clauses to compel states to respect, protect and implement human rights and have limited guarantees for people whose fundamental rights are violated by the investor or the host State to have an effective recourse;
2019/11/14
Committee: AFET
Amendment 34 #

2018/0358M(NLE)

Draft opinion
Paragraph 5 c (new)
5c. Calls, for the establishment of an independent complaint mechanism, providing affected citizens and stakeholders with effective recourse in order to address potential negative impacts on human rights;
2019/11/14
Committee: AFET
Amendment 35 #

2018/0358M(NLE)

Draft opinion
Paragraph 5 d (new)
5d. Notes that ICS jurisprudence is insufficient to secure an interpretation conform to human rights standards and investment tribunals have often not taken them into account adequately;
2019/11/14
Committee: AFET
Amendment 36 #

2018/0358M(NLE)

Draft opinion
Paragraph 5 e (new)
5e. Believes that the asymmetrical nature of the ICS system, the lack of human rights obligations of investors and the exorbitant costs associated with ICS limit the access and the remedy for civil society; requires that this system does not restrict the ability of the State to fulfil its obligation to protect human rights or prevent businesses from respecting these rights;
2019/11/14
Committee: AFET
Amendment 37 #

2018/0358M(NLE)

Draft opinion
Paragraph 5 f (new)
5f. Calls to reform the ICS system in order to ensure that this investment tribunal is able to systematically and rigorously apply international human rights law, environmental and labour law and gives sufficient weight to international human rights obligations and the accountability of corporate investors to respect human rights;
2019/11/14
Committee: AFET
Amendment 38 #

2018/0358M(NLE)

Draft opinion
Paragraph 5 g (new)
5g. Regrets that Amicus Curiae can not be considered an effective participation since investment tribunals have full discretion to determine whether they accept amicus curiae and this possibility is often rejected or limited by the courts;
2019/11/14
Committee: AFET
Amendment 39 #

2018/0358M(NLE)

Draft opinion
Paragraph 5 h (new)
5h. Calls for a binding and enforceable clause in the IPA for States to protect human rights including by regulating and controlling enterprises and a mandatory clause recalling that businesses have to comply with international human rights and environmental standards;
2019/11/14
Committee: AFET
Amendment 40 #

2018/0358M(NLE)

Draft opinion
Paragraph 5 i (new)
5i. Calls the EU and Viet Nam to cooperate to develop an action plan to fight child labour, including the necessary due diligence framework for enterprises;
2019/11/14
Committee: AFET
Amendment 41 #

2018/0358M(NLE)

Draft opinion
Paragraph 5 j (new)
5j. Calls therefore the EP to give its consent to the agreements only when these recommendations, are legally and effectively protected;
2019/11/14
Committee: AFET
Amendment 2 #

2018/0358(NLE)

Draft opinion
Paragraph 1
The Committee on Foreign Affairs calls on the Committee on International Trade, as the committee responsible, to recommend approvalrejection of the draft Council decision on the conclusion, on behalf of the Union, of the Investment Protection Agreement between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part.
2019/11/26
Committee: AFET
Amendment 4 #

2018/0358(NLE)

Draft opinion
Paragraph 1
The Committee on Foreign Affairs calls on the Committee on International Trade, as the committee responsible, to recommend approvalto postpone its content of the draft Council decision on the conclusion, on behalf of the Union, of the Investment Protection Agreement between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part until the recommendations listed in the accompanying resolution are legally and effectively enforced.
2019/11/26
Committee: AFET
Amendment 3 #

2018/0356M(NLE)

Draft opinion
Paragraph 1
1. Recalls that Parliament gave its consent to the EU-Viet Nam Framework Agreement on Comprehensive Partnership and Cooperation (PCA) on 17 December 20151 , which defines future relations and aims to enhance further cooperation on global and regional challenges; notes with concern that serious human rights violations have continued since the entry into force of the PCA; _________________ 1 Texts adopted, P8_TA(2015)0467.
2019/11/14
Committee: AFET
Amendment 10 #

2018/0356M(NLE)

Draft opinion
Paragraph 3
3. Acknowledges Viet Nam’s efforts to undertake an ambitious reform agenda, notably on the environmental and labour rights of the sustainable development chapter of the FTA; welcomes the ratification of six out of eight core ILO Conventions, namely No. 29 on forced labour, Nos. 100 and 111 on non- discrimination, Nos. 138 and 182 on child labour and most recently No. 98 on the right to organise and collective bargaining; calls on the Vietnamese Government to quickly ratify and fully implement the outstanding Conventions; regrets that the sustainable development chapter does not create any legal and binding obligation; calls for a public and binding calendar for the ratification of ILO Conventions No. 87 on Freedom of Association and Protection of the Right to Organize and No. 105 on the Abolition of Forced labour;
2019/11/14
Committee: AFET
Amendment 16 #

2018/0356M(NLE)

Draft opinion
Paragraph 3 a (new)
3 a. Stresses that labour rights and trade union freedoms, including those enshrined in the fundamental ILO conventions, are not reflected under the actual penal code; Remains concerned that Viet Nam rejected an high number of recommendations made during the Universal Periodic Review 2019 regarding the penal code in order to bring it in line with the International Covenant on Civil and Political Rights; Calls on Vietnamese authorities to implement these recommendations, with clear and public benchmarks and calendar;
2019/11/14
Committee: AFET
Amendment 18 #

2018/0356M(NLE)

Draft opinion
Paragraph 4
4. Remains concerned about human rights violations, including the application of the death penalty in Viet Nam; calls on Viet Nam to introduce a moratorium and move towards abolition; highlights that human rights constitute a cornerstone of the trade and sustainable development chapter of the FTA; calls for periodic evaluation of the impact of the agreementcalls for periodic evaluation of the impact of the agreement; deeply regrets that the number of political prisoners, human rights, labour, religious and environmental activists, journalists and bloggers has dramatically increased in recent years, and calls for the immediate and unconditional release of all persons detained for the peaceful exercise of their freedom of expression;
2019/11/14
Committee: AFET
Amendment 31 #

2018/0356M(NLE)

Draft opinion
Paragraph 4 a (new)
4 a. calls on the authorities of Vietnam to repeal its law on Cybersecurity and to bring legislation regulating public gatherings and demonstrations into conformity with the international legislation on freedom of assembly and association;
2019/11/14
Committee: AFET
Amendment 33 #

2018/0356M(NLE)

Draft opinion
Paragraph 4 b (new)
4 b. highlights that human rights should constitute a cornerstone of trade and the sustainable development chapter of the FTA: regrets that instead it only focuses on a limited range of rights; calls therefore for a comprehensive human rights chapter with implementation measures, benchmarks and calendar; calls for the evaluation of the impact of the agreement periodically;
2019/11/14
Committee: AFET
Amendment 34 #

2018/0356M(NLE)

Draft opinion
Paragraph 4 c (new)
4 c. Deplores the refusal of the European Commission to carry out a human rights impact assessment on the EU-Vietnam free trade agreement and calls on the Commission to carry out one, prior to the entry into force of the agreement
2019/11/14
Committee: AFET
Amendment 35 #

2018/0356M(NLE)

Draft opinion
Paragraph 4 d (new)
4 d. Requests the application of the State to State dispute settlement to TSD Chapter
2019/11/14
Committee: AFET
Amendment 39 #

2018/0356M(NLE)

Draft opinion
Paragraph 5
5. Underlines that Article 13 of the FTA embodies a cooperative approach based on common values and interests, taking into account the differences in the Parties’ respective levels of development; welcomes the possibility of first resolving matters that fall under Article 13 on trade and sustainable development through exchange in the Committee on Trade and Sustainable Development; recalls that a Party maygrets that in case that the matters are not resolved, the second mechanism that allows a Party to request that a Panel of Experts be convened to examine such matters in the event that the Committee is unable to resolve them satisfactorilyremains subordinated to the willingness of the parties and lacks legal guarantees;
2019/11/14
Committee: AFET
Amendment 41 #

2018/0356M(NLE)

Draft opinion
Paragraph 5 a (new)
5 a. urges the establishment of an independent complaint mechanism providing affected citizens and local stakeholders with effective recourse with a view to addressing potential negative impacts on human rights and the establishment of a dispute settlement mechanism with provision for fines and the suspension of trade benefits;
2019/11/14
Committee: AFET
Amendment 43 #

2018/0356M(NLE)

Draft opinion
Paragraph 6
6. Highlights that the FTA creates an institutional and legally binding link to the PCA; points out that Article 1 of the PCA contains a standard human rights clause which can trigger appropriate measures, including, as a last resort, the suspension of the PCA, or parts thereof, without delay; recalls that the European Ombudsman, in case1409/2014/MHZ on the EU-Vietnam FTA, found that the preamble of the EU- Vietnam FTA and other traditional tools, such as the ‘essential element’ clause of PCA and the human rights dialogue, are insufficient to adequately respect EU obligations, especially when the third country´s legislation is not in line with international human rights standards;
2019/11/14
Committee: AFET
Amendment 49 #

2018/0356M(NLE)

Draft opinion
Paragraph 7
7. Encourages the Commission to step up technical assistance and available funding to Viet Nam and its independent civil society in order to support Viet Nam’s compliance with its international human rights obligations and the monitoring of the proper implementation of Article 13 of the FTA.; notes with concerns that Vietnamese independent civil society has been violently repressed; calls on the Commission to indicate which Vietnamese independent civil society groups will be included in the domestic advisory groups and how it will ensure that their independence is preserved;
2019/11/14
Committee: AFET
Amendment 57 #

2018/0356M(NLE)

Draft opinion
Paragraph 7 a (new)
7 a. calls for closer interaction with the European Parliament in preparation for the annual Human Rights Dialogues, debriefings and in updating of the EU Human Rights Country Strategy for Vietnam;
2019/11/14
Committee: AFET
Amendment 60 #

2018/0356M(NLE)

Draft opinion
Paragraph 7 b (new)
7 b. Calls therefore the EP to give its consent to the agreements only when these recommendations, are legally and effectively protected;
2019/11/14
Committee: AFET
Amendment 2 #

2018/0356(NLE)

Draft opinion
Paragraph 1
The Committee on Foreign Affairs calls on the Committee on International Trade, as the committee responsible, to recommend approvalrejection of the draft Council decision on the conclusion of the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam.
2019/11/26
Committee: AFET
Amendment 4 #

2018/0356(NLE)

Draft opinion
Paragraph 1
The Committee on Foreign Affairs calls on the Committee on International Trade, as the committee responsible, to recommend approvalto postpone its consent of the draft Council decision on the conclusion of the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam until the recommendations listed in the accompanying resolution are legally and effectively enforced.
2019/11/26
Committee: AFET
Amendment 1 #

2017/0360R(NLE)

Motion for a resolution
Citation 6 a (new)
- having regard to the Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),
2020/05/29
Committee: LIBE
Amendment 10 #

2017/0360R(NLE)

Motion for a resolution
Citation 20 a (new)
- having regard to its resolution of 25 November 2019 on the Union’s accession to the Istanbul Convention on preventing and combating violence against women 14a, _________________ 14a Texts adopted, P9_TA(2019)0080.
2020/05/29
Committee: LIBE
Amendment 11 #

2017/0360R(NLE)

Motion for a resolution
Citation 21 a (new)
- having regard to its legislative resolution of 17 April 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Rights and Values programme 16a, _________________ 16a Texts adopted, P8_TA(2019)0407.
2020/05/29
Committee: LIBE
Amendment 53 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 6 a (new)
6a. Reiterates its position as regards the budget envelope for the new Rights and Values Programme within the next Multiannual Financial Framework, and calls to ensure that adequate funding is provided for national and local civil society organizations to grow grassroots support for democracy, rule of law and fundamental rights in the Member States, including Poland;
2020/05/29
Committee: LIBE
Amendment 76 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 12
12. Is concerned that the new Chamber of Extraordinary Control and Public Matters of the Supreme Court (hereinafter the ‘Extraordinary Chamber’), which is composed in majority of judges nominated by the new National Council of the Judiciary (NCJ) and risks not to qualify as independent tribunal in the assessment of the CJEU, is to ascertain the validity of general and local elections and to examine electoral disputes; this raises serious concerns as regards the separation of powers and the functioning of Polish democracy, in that it makes judicial review of electoral disputes particularly vulnerable to political influence and is capable of creating legal uncertainty as to the validity of such review22 ; _________________ 22Venice Commission, Opinion of 8-9 December 2017, CDL-AD(2017)031, para. 43; Third Commission Recommendation (EU) 2017/1520 of 26 July 2017, para. 135.
2020/05/29
Committee: LIBE
Amendment 80 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 13
13. Is concerned, while recognising the extraordinary circumstances created by the COVID-19 health crisis, about the amendments to the electoral legislation being considered in the Polish parliament shortly before the presidential elections which change the practical organisation of the elections in order to proceed to a vote by postal services, which could impede the elections from taking a fair, secret and equal course, respectful of the right to privacy and Regulation (EU) 2016/679 of the European Parliament and of the Council23 and which moreover run counter to the case law of the Polish Constitutional Tribunal; stresses, moreover, that it is very difficult to organise a genuine election campaign giving an equal share of attention and equal opportunities to all candidates and programmes and allowing for real public debate in the midst of an epidemic24 ; notes with concern that the elections, originally scheduled to be held on 10 May 2020, were eventually postponed without respecting formal legal requirements; _________________ 23Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 24OSCE/ODIHR, Opinion on the draft act on special rules for conducting the general election of the President of the Republic of Poland ordered in 2020 (Senate Paper No. 99), 27 April 2020.
2020/05/29
Committee: LIBE
Amendment 88 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 15
15. Recalls that the acts concerning the Constitutional Tribunal adopted on 22 December 2015 and 22 July 2016, as well as the package of three acts adopted at the end of 2016, seriously affected the Constitutional Tribunal’s independence and legitimacy and were therefothat the first two acts were declared unconstitutional by the Constitutional Tribunal on respectively 9 March 2016 and 11 August 2016; recalls that those judgments were not published at the time nor implemented by the Polish authorities; seriously deplores the lack of independent and effective constitutional review in Poland since the entry into force of the aforementioned legislative changes25 ; invites the Commission to consider launching an infringement procedure in relation to the legislation on the Constitutional Tribunal; _________________ 25 Venice Commission Opinion of 14-15 October 2016, para. 128; UN, Human Rights Committee, Concluding observations on the seventh periodic report of Poland, 31 October 2016, paras 7-8; Commission Recommendation (EU) 2017/1520.
2020/05/29
Committee: LIBE
Amendment 91 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 16
16. Recalls that, already in 2017, changes in the method of nomination of candidates to the position of the First President of the Supreme Court deprived the participation of the Supreme Court judges in the selection procedure of any meaningful effect and put the decision in the hands of the President of the Republic; denounces that recent amendments to the act on the Supreme Court even further reduce the participation of the judges in the process of selection of the First President of the Supreme Court by introducing a position of First President ad interim appointed by the President of the Republic and by reducing the quorum in the third round to 32 out of 120 judges only, thereby effectively abandoning the model of power-sharing between the President and the judicial community enshrined in Article 183(3) of the Polish Constitution26 ; notes with concern the irregularities surrounding the nomination of the First President ad interim and his further actions; notes that, on 25 May 2020, the President of the Republic of Poland did not choose the candidate with the largest support among the Supreme Court judges as First President of the Supreme Court; _________________ 26Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, CDL-PI(2020)002, paras 51-55.
2020/05/29
Committee: LIBE
Amendment 102 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 19
19. Recalls that, in 2017, two new chambers within the Supreme Court were created, namely the Disciplinary Chamber and the Extraordinary Chamber, which were staffed with newly appointed judges selected by the new NCJ and entrusted with special powers – including the power of the Extraordinary Chamber to quash final judgments taken by lower courts or by the Supreme Court itself by way of extraordinary review, and the power of the Disciplinary Chamber to discipline other (Supreme Court) judgejudges of the Supreme Court and of common courts, creating de facto a “Supreme Court within the Supreme Court”;30 _________________ 30OSCE-ODIHR, Opinion of 13 November 2017, p. 7-20; Venice Commission, Opinion of 8-9 December 2017, para. 43; Recommendation (EU) 2018/103, para. 25; GRECO, Addendum to the Fourth Round Evaluation Report on Poland (Rule 34) of 18-22 June 2018, para. 31; Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 8.
2020/05/29
Committee: LIBE
Amendment 106 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 21
21. Notes that the referring Supreme Court (Labour Chamber) subsequently concluded in its judgment of 5 December 2019 that the Disciplinary Chamber does not fulfil the requirements of an independent and impartial tribunal, and that the Supreme Court (Civil, Criminal and Labour Chambers) adopted a resolution on 23 January 2020 reiterating that the Disciplinary Chamber is not a court due to its lack of independence and therefore its decisions shall be considered null and void; notes with grave concern that the Polish authorities have declared that those decisions are of no legal significance when it comes to the continuing functioning of the Disciplinary Chamber and the NCJ, and that the Constitutional Tribunal has ‘suspended’ the resolution of 23 January 2020, creating a dangerous judiciary duality in Poland and moreover openly defying the primacy of Union law and the status granted to the CJEU by Article 19(1) TEU in that it limits the effectiveness and application of the CJEU’s ruling of 19 November 201932 ; _________________ 32Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 38.
2020/05/29
Committee: LIBE
Amendment 112 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 24
24. Recalls that the Supreme Court (Labour Chamber), implementing the criteria set out by the CJEU in its judgment of 19 November 2019, found in its judgment of 5 December 2019 and in its decisions of 15 and 23 January 2020 that the decisive role of the new NCJ in the selection of the judges of the newly created Disciplinary Chamber undermines the latter’s independence and impartiality; is concerned about the legal status of the judges appointed or promoted by the NCJ in its current composition and about the impact their participation in adjudicating may have on the validity and legality of proceedings;
2020/05/29
Committee: LIBE
Amendment 114 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 25
25. Recalls that the European Network of Councils for the Judiciary (ENCJ) suspended the new NCJ on 17 September 2018 for reason of no longer fulfilling the requirements of being independent of the executive and legislature and is now considering expelling the new NCJ entirelyhas initiated the expulsion procedure in April 202035 ; _________________ 35 ENCJ, Letter of 21 February 2020 by the ENCJ Executive Board. See as well the letter of 4 May 2020 by the European Association of Judges in support of the ENCJ.
2020/05/29
Committee: LIBE
Amendment 116 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 26
26. Calls on the Commission to start infringement proceedings against the act of 12 May 2011 on the NCJ as amended in 2017 and to ask the CJEU to suspend the activities of the new NCJ by way of interim measures;
2020/05/29
Committee: LIBE
Amendment 126 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 29 a (new)
29a. Expresses concern regarding the disciplinary proceedings initiated against common court judges in reference to their judicial decisions or public statements in defence of judicial independence;
2020/05/29
Committee: LIBE
Amendment 139 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 34
34. Is concerned about reports alleging undue delays in court proceedings, difficulties in accessing legal assistance during arrest, and instances of insufficient respect for the confidentiality of communication between counsel and client44 ; calls on the Commission to closely monitor the situation of lawyers in Poland; reminds of the right of all citizens to being advised, defended and represented by an independent lawyer according to Article 48 of the Charter of Fundamental Rights; _________________ 44UN Human Rights Committee (HRC), Concluding observations on the seventh periodic report of Poland, 23 November 2016, para. 33.
2020/05/29
Committee: LIBE
Amendment 150 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 36
36. Recalls that in its resolution of 14 September 2016, Parliament has expressed its concern about already adopted and newly suggested changes to Polish media law; repeats its call on the Commission to carry out an assessment of the legislation adopted as regards its compatibility with Union Law, in particular, regarding the with Article 11 of the Charter of Fundamental Rights and Union legislation on public media;
2020/05/29
Committee: LIBE
Amendment 151 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 36 a (new)
36a. Recalls that, in its resolution of 16 January 2020, Parliament has called on the Council to address in the hearings under Article 7(1) of the TEU any new developments in the field of freedom of expression, including media freedom; condemns cases of censoring content by the public broadcasters in Poland;
2020/05/29
Committee: LIBE
Amendment 227 #

2017/0360R(NLE)

46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, the banning of and inadequate protection against attacks on Pride marches and awareness-raising programmes, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’, and called on the Commission to strongly condemn such public discrimination;
2020/05/29
Committee: LIBE
Amendment 234 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 47
47. Notes that the lack of independence of the judiciary in Poland has already started affecting mutual trust between Poland and other Member States, especially in the field of judicial cooperation in criminal matters, given that national courts have refused to or hesitated to release Polish suspects under the European Arrest Warrant (EAW) procedure due to profound doubts about the independence of the Polish judiciary; points out that mutual trust between the Member States can be restored only once respect for the values enshrined in Article 2 TEU is ensured;
2020/05/29
Committee: LIBE
Amendment 252 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 50
50. Calls on the Commission to make full use of the tools available to it, to address a clear risk of a serious breach by Poland of the values on which the Union is founded, in particular expedited infringement procedures and applications for interim measures before the CJEU, as well as budgetary tools; strongly supports the Commission’s approach on inclusion of rule of law conditionality in the future Multiannual Financial Framework; calls on the Commission to continue to keep Parliament regularly informed and closely involved;
2020/05/29
Committee: LIBE
Amendment 104 #

2012/0060(COD)

Proposal for a regulation
Title 1
Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the access of third-country economic operators, goods and services to the Union’s internal market in public procurement market and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement markets of third countries
2021/10/18
Committee: INTA
Amendment 108 #

2012/0060(COD)

Proposal for a regulation
Recital 5
(5) The revised plurilateral WTO Agreement on Government Procurement provides only for limited market access for Union companies to the public procurement markets of third countries and applies only to a limited number of WTO Members, which are parties to that Agreement. The revised Agreement on Government Procurement was concluded by the Union in December 2013.deleted
2021/10/18
Committee: INTA
Amendment 111 #

2012/0060(COD)

(6) Within the context of the WTO and through its bilateral relations, the Union advocates an ambitious opening of international public procurement markets of the Union and its trading partners, in a spirit of reciprocity and mutual benefit.
2021/10/18
Committee: INTA
Amendment 114 #

2012/0060(COD)

Proposal for a regulation
Recital 6 a (new)
(6a) The plurilateral WTO Agreement on Government Procurement and EU trade agreements that include provisions on procurement provide for market access for Union economic operators only to the procurement markets of third countries that are parties to these agreements.
2021/10/18
Committee: INTA
Amendment 117 #

2012/0060(COD)

Proposal for a regulation
Recital 7
(7) If thea third country concerned is a Party to the WTO Agreement on Government Procurement or has concluded a trade agreement with the EU that includes provisions on public procurement, the Commission should follow the consultation mechanisms and/or dispute settlement procedures set out in thatose agreements when the restrictive practices relate to procurement covered by market access commitments undertaken by the country concernedat third country towards the Union.
2021/10/18
Committee: INTA
Amendment 121 #

2012/0060(COD)

(8) Many third countries are reluctant to open their public procurement and their concessions markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices in many of the trading partners of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities.
2021/10/18
Committee: INTA
Amendment 125 #

2012/0060(COD)

Proposal for a regulation
Recital 10
(10) Regulation (EU) No 654/2014 of the European Parliament and of the Council174 lays down rules and procedures in order to ensure the exercise of the Union's rights under international trade agreements concluded by the Union. No such rules and procedures exist for the treatment of economic operators, goods and services not covered by such international agreements. _________________ 174 Regulation (EU) No 654/2014 of the European Parliament and of the Council of 15 May 2014 concerning the exercise of the Union's rights for the application and enforcement of international trade rules and amending Council Regulation (EC) No 3286/94 laying down Community procedures in the field of common commercial policy in order to ensure the exercise of the Community’s rights under international trade rules, in particular those established under the auspices of the World Trade Organization (OJ L 189, 27.6.2014, p. 50.)
2021/10/18
Committee: INTA
Amendment 130 #

2012/0060(COD)

Proposal for a regulation
Recital 11
(11) In the interest of legal certainty for Union and third-country economic operators, contracting authorities and contracting entiternational market access commitments undertaken by the Union towards third countries in the field of procurement and concessions require, inter alia, the equal treatment of economic operators from those countries. Consequently, measures adopted under this Regulation can only apply to economic operators, goods or services from countries that are not parties to the plurilateral WTO Agreement on Government Procurement or to bilateral or multilateral trade agreements with the Union that include commitments on access to procurement and concessions markets, or from countries that are parties, the international market access commitments undertaken by the Union towardso such agreements but only regarding procurement procedures for goods, services or concessions that are not covered by those agreements. Irrespective of the application of measures adopted under this Regulation, and in accordance with the Communication from the Commission of 24 July 2019 on ‘Guidance on the participation of third- countries in the field of public procurement and concessions should be reflected in the legal order of the EU, thy bidders and goods in the EU procurement market’ and with Directives 2014/23/EU, 2014/24/EU and 2014/25/EU of the European Parliament and of the Council, economic operators from third countries which do not have any agreement providing for the opening of the Union’s procurement market or whose goods, services and works are not covered by ensuring effective application thereof. such an agreement, do not have secured access to procurement procedures in the Union and could be excluded.
2021/10/18
Committee: INTA
Amendment 136 #

2012/0060(COD)

Proposal for a regulation
Recital 12
(12) The objeffectives of application of any measure adopted under this Regulation with a view to improving the access of Union economic operators to the public procurement and concessions markets of certain third countries protected by restrictive and discriminatory procurement measures or practices and of preserving equal conditions of competition within the internal market require to refer to the non-preferential rules of origin established in the EU customs legislation, so that contracting authorities and contracting entities know whether goods and services are covered by the international commitments of the Unionrequires a clear set of rules of origin for economic operators, goods and services.
2021/10/18
Committee: INTA
Amendment 138 #

2012/0060(COD)

Proposal for a regulation
Recital 13
(13) The origin of a good should be determined in accordance with Article 22s 59 to 262 of Council Regulation (EECU) No 2913/199218 952/20135 of the European Parliament and of the Council. _________________ 18Council 5Regulation (EECU) No 2913/1992 of 12 October 1992 establishing the Community952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 302, 9.10.1992269, 10.10.2013, p. 1)
2021/10/18
Committee: INTA
Amendment 140 #

2012/0060(COD)

(14) The origin of a service should be determined on the basis of the origin of the natural or legal person providing it. The origin of a legal person should be considered to be the country under the laws of which a legal person is constituted or organised and in the territory of which the legal person is engaged in substantive business operations. The criterion of substantive business operations should not allow the potential circumvention of any measure adopted under this Regulation by the creation of letterbox companies. The term ‘substantive business operations’ is a concept used in the WTO General Agreement on Trade in Services. In Union law it is equivalent to the term ‘effective and continuous link with the economy’ and is closely linked to the right of establishment set out in Article 49 of the Treaty on the Functioning of the European Union. The Commission regularly publishes guidelines based on the case law related to the right of establishment, addressing, inter alia, the concept of effective or stable and continuous link with the economy. Article 86 of Directive 2014/25/EU also refers to the concept of “direct and effective link with the economy” which is equivalent to the concept of ‘substantive business operations’.
2021/10/18
Committee: INTA
Amendment 142 #

2012/0060(COD)

Proposal for a regulation
Recital 15
(15) In the light of the overall policy objective of the Union to support the economic growth of developing countries and their integration into the global value chain, which is the basis for the establishment by the Union of a generalised system of preferences as outlined in Regulation (EU) No 978/2012 of the European Parliament and of the Council19 , this Regulation should not apply to tenders where more than 50% of the total value of the tender is made up of goods and services originating, in accordance with the Union’s non- preferential rules of origin, in least- developed countries benefitting from the "Everything But Arms" arrangement or in developing countries considered to be vulnerable due to a lack of diversification and insufficient integration within the international trading system as defined respectively in Annexes IV and VII to Regulation (EU) No 978/2012. _________________ 19Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (OJ L 303, 31.10.2012, p. 1).deleted
2021/10/18
Committee: INTA
Amendment 147 #

2012/0060(COD)

Proposal for a regulation
Recital 16
(16) In the light of the overall policy objective of the Union to support small and medium-sized enterprises, this Regulation should also not apply to tenders submitted by SMEs established in the Union and in engaged in substantive business operations entailing a direct and effective link with the economy of at least one Member State.deleted
2021/10/18
Committee: INTA
Amendment 158 #

2012/0060(COD)

Proposal for a regulation
Recital 17
(17) When assessing whether restrictive and/or discriminatory procurement measures or practices exist in a third countryspecific measures or practices exist in a third country that could result in the impairment of access of Union goods, services or economic operators to the procurement or concession markets, the Commission should examine to what degree laws on public, rules or other measures on procurement and concessions of the country concerned ensure transparency in line with international standards in the field of public procurement, and do not result in serious and preclude any discriminaurring restrictions against Union goods, services andor economic operators. In addition, it should examine to what degree individual contracting authorities or contracting entities maintain or adopt discriminatoryrestrictive practices against Union goods, services andor economic operators.
2021/10/18
Committee: INTA
Amendment 167 #

2012/0060(COD)

Proposal for a regulation
Recital 19
(19) The Commission should be able, on its own initiative or at the application of interested parties or a Member State, to initiate at any time an investigation into restrictive procurement measures or practices allegedly adopted or maintained by a third country. . Such investigative procedures should be without prejudice to Regulation (EU) No 654/2014 of the European Parliament and of the Council , if it considers that such an investigation is in the interest of the Union.
2021/10/18
Committee: INTA
Amendment 172 #

2012/0060(COD)

Proposal for a regulation
Recital 19 a (new)
(19a) The determination whether an investigation is in the interest of the Union should be based on an appreciation of all the various interests taken as a whole, including the interests of the domestic industry, users, consumers, workers and social partners. The Commission is in any case responsible of determining the interest of the Union, and should weigh up the consequences of starting an investigation against its impact, and the potential measures that could be adopted under this Regulation on EU’s broader interests. The general objective of opening third-country markets and improving market access opportunities for Union economic operators should be taken into account. The objective of limiting any unnecessary administrative burden for contracting authorities and contracting entities as well as economic operators should also be taken into account.
2021/10/18
Committee: INTA
Amendment 176 #

2012/0060(COD)

Proposal for a regulation
Recital 19 b (new)
(19b) Given the overall policy objective of the Union to support the economic growth of least developed countries (LDCs) and their integration into global value chains, it would not be in the Union’s interest to start an investigation against such countries under this Regulation, unless there are reasonable indications of circumvention of any adopted IPI measures. Consequently, this Regulation is not intended to apply to LDCs benefitting from the "Everything But Arms" arrangement as defined in Regulation (EU) No 978/2012.
2021/10/18
Committee: INTA
Amendment 183 #

2012/0060(COD)

Proposal for a regulation
Recital 20
(20) If the existence of a restrictive and/or discriminatory procurement measure or practice in a third country is confirmedWhen conducting the investigation, the Commission should invite the third country concerned to enter into consultations with a view to eliminating any restrictive measures or practices and improving the tendering opportunities for Union economic operators, goods and services in respect of public procurementregarding procurement and concessions markets in that country.
2021/10/18
Committee: INTA
Amendment 197 #

2012/0060(COD)

Proposal for a regulation
Recital 23 a (new)
(23a) IPI measures should apply to procurement procedures falling under the scope of this Regulation, including framework agreements and dynamic purchasing systems. IPI measures should also apply in the case of specific contracts awarded under a dynamic purchasing system, when those dynamic purchasing systems were subject to an IPI measure. However, they should not apply to such contracts below a certain threshold with a view to limiting the overall administrative burden for contracting authorities and contracting entities. In order to avoid a possible double application of IPI measures, such measures should not apply to contracts awarded based on a framework agreement, once they have already been applied at the stage of concluding that framework agreement.
2021/10/18
Committee: INTA
Amendment 200 #

2012/0060(COD)

Proposal for a regulation
Recital 23 b (new)
(23b) In the light of the overall policy objective of the Union to support small and medium-sized enterprises (SMEs), the Commission and contracting authorities and contracting entities should duly consider the effects of this Regulation, with a view to preventing an overburdening of SMEs. The Commission in cooperation with the Member States should make available guidelines for best practices to achieve this objective, in order to ensure the efficiency of this Regulation and the consistency of its implementation.
2021/10/18
Committee: INTA
Amendment 202 #

2012/0060(COD)

Proposal for a regulation
Recital 23 c (new)
(23c) To avoid possible circumvention of an IPI measure, it will also be necessary to impose additional contractual obligations on any successful tenderer. Those obligations should apply only in case of procurement procedures to which an IPI measure is applicable, as well as to contracts awarded based on a framework agreement where such contracts are equal or above a certain threshold and when that framework agreement was subject to an IPI measure.
2021/10/18
Committee: INTA
Amendment 205 #

2012/0060(COD)

Proposal for a regulation
Recital 24
(24) Price adjustment measures should not have a negative impact on on-going trade negotiations with the country concerned. Therefore, where a country is engaging in substantive negotiations with the Union concerning market access in the field of public procurement, the Commission may suspend the measures during the negotiations.deleted
2021/10/18
Committee: INTA
Amendment 213 #

2012/0060(COD)

Proposal for a regulation
Recital 25
(25) In order to simplify the application of a price adjustment measure by contracting authorities or contracting entities, there should be a presumption that all economic operators originating in a targeted third country with which there is no agreement on procurement will be subject to the measure, unless they can demonstrate that less than 50% of the total value of their tender is made up of goods or services originating in the third country concerned.deleted
2021/10/18
Committee: INTA
Amendment 217 #

2012/0060(COD)

Proposal for a regulation
Recital 26
(26) Member States are best placed to identify the contracting authorities or contracting entities, or categories of contracting authorities or contracting entities, which should apply the price adjustment measure. To ensure that an appropriate level of action is taken and that a fair distribution of the burden among Member States is achieved, the Commission should take the final decision, based on a list submitted by each Member State. Where necessary, the Commission may establish a list on its own initiative.deleted
2021/10/18
Committee: INTA
Amendment 225 #

2012/0060(COD)

Proposal for a regulation
Recital 27
(27) It is imperative that contracting authorities and contracting entities have access to a range of high-quality products meeting their purchasing requirements at a competitive price. Therefore contracting authorities and contracting entities should be able not to apply price adjustment, on an exceptional basis, not to apply IPI measures limiting access of non- covered goods and services in casef there are no Union and/or covered goods or services available which meet the requirements of the contracting authority or contracting entity or where such action relates to safeguarding essential public policy needs, for example in the fields of health andregarding public safeecurity, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contractpublic health emergencies.
2021/10/18
Committee: INTA
Amendment 229 #

2012/0060(COD)

Proposal for a regulation
Recital 28
(28) In case of misapplication of IPI measures by contracting authorities or contracting entities of exceptions to price adjustment measures limiting access of non-covered goods and services, the Commission should be able to apply the corrective mechanism of Article 3 of, which negatively affects the chances to participate in the procurement procedure of economic operators having such a right, Council Directives 89/665/EEC20 or Article 8 of Council Directive 92/13/EEC21 . In addition, contracts concluded with an economic operator by contracting authorities or contracting entiti and 92/13/EEC should be applicable. The affected economic operator could therefore initiate a review procedure according to the national law implementing these Directives, in violation of price adjustment measures limiting access of non-covered goods and services should be ineffectivef, for example, a competing economic operator should have been excluded. The Commission should also be able to apply the corrective mechanism according to Article 3 of Council Directive 89/665/EEC19 or Article 8 of Council Directive 92/13/EEC20. _________________ 2019Council Directive 89/665/EEC on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30.12.1989, p. 33). 2120Council Directive 92/13/EEC coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, p. 14).
2021/10/18
Committee: INTA
Amendment 233 #

2012/0060(COD)

Proposal for a regulation
Recital 30
(30) The examination procedure should be used for the adoption of implementing acts regarding the adoption, withdrawal, or suspension or reinstatement of a the price adjustment measuren IPI measure and the Commission should be assisted by the Committee set up under the Trade Barriers Regulation. If necessary and for matters affecting the Union’s legal framework on public procurement, the Commission may also seek the advice of the Advisory Committee on Public Procurement established by Council Decision 71/306/EEC.
2021/10/18
Committee: INTA
Amendment 235 #

2012/0060(COD)

Proposal for a regulation
Recital 30 a (new)
(30a) Information received pursuant to this Regulation should only be used for the purpose for which it was requested and with due respect to the applicable Union and national data protection and confidentiality requirements. Regulation (EC) No 1049/2001 as well as Article 28 of Directive 2014/23/EU, Article 21 of Directive 2014/24/EU and Article 39 of Directive 2014/25/EU, should apply accordingly.
2021/10/18
Committee: INTA
Amendment 238 #

2012/0060(COD)

Proposal for a regulation
Recital 32
(32) Regular reporting by the Commission should make it possible to monitor the applicaIn line with the Interinstitutional Agreement of 13 April 2016 on Better Law-Making9a and with a view, inter alia, to reduce administrative burdens, in particular on Member States, the Commission should regularly review the scope, functioning and efficiency of the procedures established by this Regulationis Regulation. The Commission should report on its assessment to the European Parliament and the Council. The review may be followed up by appropriate legislative proposals.
2021/10/18
Committee: INTA
Amendment 241 #

2012/0060(COD)

Proposal for a regulation
Recital 33
(33) In accordance with the principle of proportionality, it is necessary and appropriate for achievement of the basic objective of establishing a common external policy in the field of public procurement to lay down common rules on the treatment of tenders which include goods and services not covered by the international commitments of the Union. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the fourth paragraph of Article 5 of the Treaty on European Union,deleted
2021/10/18
Committee: INTA
Amendment 242 #

2012/0060(COD)

Proposal for a regulation
Recital 33 a (new)
(33a) It is also imperative that, in view of an appropriate integration of environmental, social and labour requirements, Member States take relevant measures to ensure compliance with obligations in the fields of environmental, social and labour law that apply at the place where the works are executed and result from international obligations, laws, regulations, decrees and decisions, at both national and Union level, as well as from collective agreements.
2021/10/18
Committee: INTA
Amendment 244 #

2012/0060(COD)

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
This Regulation establishes measures intended to improve the access of Union economic operators, goods and services to the public procurement and concessions markets of third countries, in respect of non-covered procurement. It lays down procedures for the Commission to undertake investigations into alleged restrictive and discriminatory procurement measures or practices adopted or maintained by third countrithird country measures or practices against Union economic operators, goods and services, and to enter into consultations with the third countries concerned.
2021/10/18
Committee: INTA
Amendment 248 #

2012/0060(COD)

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
ItThis Regulation provides for the possibility of applying price adjustment measures to certain tenders for contracts for the execution of works or a work, for the supply of goods and/or the provision of services and for concessions, on the basis of the origin of the economic operators, goods or services concerned. for the Commission to adopt implementing acts imposing IPI measures, in relation to such third country measures or practices to restrict the access of economic operators, goods or services from third countries to procurement procedures.
2021/10/18
Committee: INTA
Amendment 252 #

2012/0060(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. This Regulation shall apply to the award of contracts for the supply of goods and/or services and to the award of works and services concessions. It shall only apply where the goods or services are procured for governmental purposes. It shall not apply where the goods are purchased with a view to commercial resale or with a view to use in the production of goods for commercial sale. It shall not apply where the services are purchased with a view to commercial resale or with a view to use in the supply of services for commercial sale.deleted
2021/10/18
Committee: INTA
Amendment 256 #

2012/0060(COD)

Proposal for a regulation
Article 1 – paragraph 4
4. This Regulation shall apply only with regard to restrictive and/or discriminatory procurement measures or practices implemented by a third country in respect of purchases of non-covered goods and services. The application of this Regulation shall be without prejudice to any international obligations of the Union.deleted
2021/10/18
Committee: INTA
Amendment 260 #

2012/0060(COD)

Proposal for a regulation
Article 1 – paragraph 4 a (new)
4a. The application of this Regulation shall be without prejudice to any international obligations of the Union or measures that Member States and their contracting authorities and contracting entities may take in accordance with the acts mentioned in paragraph 2.
2021/10/18
Committee: INTA
Amendment 262 #

2012/0060(COD)

Proposal for a regulation
Article 1 – paragraph 5
5. Member States and their contracting authorities and contracting entities shall not apply restrictive measures in respect of third country economic operators, goods and services beyond those provided for in this Regulation.deleted
2021/10/18
Committee: INTA
Amendment 268 #

2012/0060(COD)

Proposal for a regulation
Article 1 – paragraph 5 a (new)
5a. This Regulation shall apply only to procurement procedures launched after its entry into force. An IPI measure shall only apply to procurement procedures which are covered by the IPI measure and have been launched at any moment between the entry into force of that IPI measure and its expiry, withdrawal or suspension. A reference to the application of this Regulation and any applicable IPI measure shall be included by contracting authorities and contracting entities in the procurement documents for procedures falling within the scope of an IPI measure.
2021/10/18
Committee: INTA
Amendment 269 #

2012/0060(COD)

Proposal for a regulation
Article 1 – paragraph 5 b (new)
5b. Member States shall take appropriate measures to ensure that in the performance of public contracts economic operators comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex X of the Directive 2014/24/EU and of the Paris Agreement.
2021/10/18
Committee: INTA
Amendment 270 #

2012/0060(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a
(a) 'economic operator' means any natural or legal person or public entity or group of such persons and/or entities, including any temporary association of undertakings, which submits a tender for the ex economic operator as defined in Direcution of works and/or a work, the supply of goods or the provision of services on the marketves 2014/23/EU, 2014/24/EU and 2014/25/EU respectively;
2021/10/18
Committee: INTA
Amendment 274 #

2012/0060(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
(aa) 'a good or goods' means goods referred to in the object of the public procurement tender and in accordance with the specifications of the contract. It does not cover any input, material or ingredient incorporated in a good or in the supplied goods;
2021/10/18
Committee: INTA
Amendment 277 #

2012/0060(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a b (new)
(ab) 'estimated value’ means estimated value as calculated in accordance with Directives 2014/23/EU, 2014/24/EU and 2014/25/EU respectively;
2021/10/18
Committee: INTA
Amendment 281 #

2012/0060(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) ‘contracting authority’ means a contracting authority as defined in Article 2(1) of Directive 2014/24/EUDirectives 2014/23/EU, 2014/24/EU and 2014/25/EU respectively;
2021/10/18
Committee: INTA
Amendment 282 #

2012/0060(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) ‘contracting entity’ means a 'contracting entity' as defined in Article 4(1) of Directive 2014/25/EU and Article 7 of Directive 2014/23/EU ;
2021/10/18
Committee: INTA
Amendment 284 #

2012/0060(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) ‘covered goods or services’ means goods or services originating in a country with which the Union has concluded an international agreement in the field of public procurement and/or concessions including market access commitments and in respect of which the relevant agreement applies;deleted
2021/10/18
Committee: INTA
Amendment 286 #

2012/0060(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point e
(e) ‘non-covered goods or services’ means goods or services originating in a country with which the Union has not concluded an international agreement in the field of public procurement or concessions including market access commitments, as well as goods or services originating in a country with which the Union has concluded such an agreement but in respect of which the relevant agreement does not applydeleted
2021/10/18
Committee: INTA
Amendment 290 #

2012/0060(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f
(f) ‘restrictive and/or discriminatory procurementthird country measure or practice’ means any legislative, regulatory or administrative measure, procedure or practice, or combination thereof, adopted or maintained by public authorities or individual contracting authorities or contracting entities in a third country, that result in a serious and recurrent impairment of access of Union goods, services and/or economic operators to the public procurement or concession market of that countrys.
2021/10/18
Committee: INTA
Amendment 291 #

2012/0060(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)
(fa) ‘IPI measure’ means a measure adopted by the Commission in accordance with this Regulation limiting the access of economic operators and/or goods and services originating in the third country to the Union procurement or concessions market in the area of non-covered procurement;
2021/10/18
Committee: INTA
Amendment 293 #

2012/0060(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f b (new)
(fb) ‘non-covered procurement’ means procurement procedures for goods, services or concessions regarding which the Union has not undertaken market access commitments in an international agreement in the field of procurement or concessions;
2021/10/18
Committee: INTA
Amendment 296 #

2012/0060(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f c (new)
(fc) ‘contract’ means public contracts as defined in Directive 2014/24/EU, concessions as defined in Directive 2014/23/EU and supply, works and service contracts as defined in Directive 2014/25/EU;
2021/10/18
Committee: INTA
Amendment 297 #

2012/0060(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f d (new)
(fd) ‘tenderer’ means a tenderer as defined in Directives 2014/23/EU, 2014/24/EU and 2014/25/EU respectively;
2021/10/18
Committee: INTA
Amendment 301 #

2012/0060(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h
(h) SME means SME as defined in Commission Recommendation 2003/361/EC25 . _________________ 25Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).deleted
2021/10/18
Committee: INTA
Amendment 303 #

2012/0060(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
(ha) 'Union interest' means a determination as to whether the Union's interest calls for intervention shall be based on an appreciation of all the various interests taken as a whole, including the interests of the domestic industry and users and consumers. Measures may not be applied where the authorities, on the basis of all the information submitted, can clearly conclude that it is not in the Union's interest to apply such measures. (See mutatis mutandis Article 21 Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (codification))
2021/10/18
Committee: INTA
Amendment 304 #

2012/0060(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
(ha) ‘Evidence’ means any information, certificate, supporting document, statement and other means of proof aimed at proving compliance with the obligations set out in Art. 7.1 (c). This may refer to: (i) certificates of origin, supplier declarations or import declarations for goods originating in third countries; (ii) description of manufacturing processes (including samples, descriptions or photographs) for goods to be supplied; and (iii) extract of relevant registers or of financial statements for the origin of services, including a VAT identification number;
2021/10/18
Committee: INTA
Amendment 308 #

2012/0060(COD)

Proposal for a regulation
Article 2 – paragraph 2
2. For the purpose of this Regulation, except for Articles 5(3) and 5(7), the execution of works and/or a work within the meaning of Directives 2014/253/EU, 2014/24/EU and Directive 2014/235/EU shall be considered as the provision of a service.
2021/10/18
Committee: INTA
Amendment 310 #

2012/0060(COD)

Proposal for a regulation
Article 3 – title
RulesDetermination of origin
2021/10/18
Committee: INTA
Amendment 312 #

2012/0060(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. The origin of a good shall be determined in accordance with Article 22 to 26 of Council Regulation (EEC) No 2913/199226 . _________________ 26Council Regulation (EEC) No 2913/1992 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).deleted
2021/10/18
Committee: INTA
Amendment 314 #

2012/0060(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The origin of a service shall be determined on the basis of the origin of the economic operator providing it.deleted
2021/10/18
Committee: INTA
Amendment 315 #

2012/0060(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point a
(a) in the case of a natural person, the country of which the person is a national or where hethat person has a right of permanent residence;
2021/10/18
Committee: INTA
Amendment 318 #

2012/0060(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point b – point i
(i) if the service is not provided through a commercial presence within the Union, the country under the laws of which the legal person is constituted or otherwise organised and in the territory of which the legal person is engaged in substantive business operations, entailing a direct and effective link with the economy of the country concerned;
2021/10/18
Committee: INTA
Amendment 320 #

2012/0060(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point b – point ii
ii) the Member State where the legal person is established and engaged in substantive business operations entailing a direct and effective link with the economy of the Member State concerndeleted.
2021/10/18
Committee: INTA
Amendment 322 #

2012/0060(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
ForIf the purposes of point (b) (ii) of the first subparagraph if the legal person is not engaged in substantive business operations entailing a direct and effective link with the economy of a Member State , the origin of the legal person shall be that of the person or persons which own or control the legal person . legal person is not engaged in substantive business operations in the territory of the country in which it is constituted or otherwise engaged , the origin of the legal person shall be that of the person or persons which may exercise directly or indirectly a dominant influence of the legal person by virtue of their ownership to it, their financial participation therein, or the rules which govern it. That person or persons shall be presumed as having a dominant influence on the legal person in any of the following cases in which they, directly or indirectly: (a) hold the majority of the legal person’s subscribed capital; (b) control the majority of the votes attaching to shares issued by the legal person; (c) can appoint more than half of the legal person’s administrative, management or supervisory body.
2021/10/18
Committee: INTA
Amendment 324 #

2012/0060(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3
A legal person shall be considered to be "owned" by persons of a given country where more than 50 % of the equity interest in it is beneficially owned by persons of that country.deleted
2021/10/18
Committee: INTA
Amendment 326 #

2012/0060(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3 a (new)
Where an economic operator is a group of natural or legal persons and/or public entities, and at least one of such persons or entities originates from the third country whose economic operators and goods and services are subject to the IPI measure, the IPI measure shall equally apply to tenders submitted by that group. This shall not apply in cases in which such persons' or entities' participation in a group amounts to less than 15% of the value of the tender in question, unless that person or entity is necessary for fulfilling the majority of at least one of the selection criteria in a procurement procedure.
2021/10/18
Committee: INTA
Amendment 327 #

2012/0060(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3 b (new)
Contracting authorities or contracting entities may at any time during the procurement procedure request the economic operator to submit, supplement, clarify or complete the information or documentation related to the verification of the economic operator's origin within an appropriate time limit, provided that such requests are made in full compliance with the principles of equal treatment and transparency. Tenders from economic operators that fail to provide such information or documentation may be rejected in accordance with the rules applicable to the award procedure.
2021/10/18
Committee: INTA
Amendment 328 #

2012/0060(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3 c (new)
For the application of the additional contractual obligations upon the successful tenderer set out in Article 7, the origin of a good shall be determined in accordance with Articles 59 to 62 of Council Regulation (EEC) No 952/2013, while the origin of a service shall be determined on the basis of the origin of the economic operator providing it.
2021/10/18
Committee: INTA
Amendment 330 #

2012/0060(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 4
A legal person shall be considered to be "controlled" by persons of a given country where such persons have the power to appoint a majority of its directors or otherwise to legally direct its actions.deleted
2021/10/18
Committee: INTA
Amendment 333 #

2012/0060(COD)

Proposal for a regulation
Chapter 2 – title
Chapter II Exemptionsdeleted
2021/10/18
Committee: INTA
Amendment 337 #

2012/0060(COD)

Proposal for a regulation
Article 4 – paragraph 1
Tenders shall be exempted from this Regulation where more than 50% of the total value of the tender is made up of goods and/or servicesthey have been submitted by an economic operator originating in least- developed countries listed in Annex IV to Regulation (EU) No 978/201227 , and in developing countries considered to be vulnerable due to a lack of diversification and insufficient integration within the international trading system as defined in Annex VII to Regulation (EU) No 978/2012. _________________ 27Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (OJ L 303, 31.10.2012, p. 1).
2021/10/18
Committee: INTA
Amendment 341 #

2012/0060(COD)

Proposal for a regulation
Article 5
Exemption for tenders submitted by SMEs Tenders submitted by SMEs28 established in the Union and engaged in substantive business operations entailing a direct and effective link with the economy of at least one Member State, shall be exempted from this Regulation. _________________ 28As defined in the Commission recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).Article 5 deleted
2021/10/18
Committee: INTA
Amendment 344 #

2012/0060(COD)

Investigations, consultations and price adjustment measure, measures and contractual obligations
2021/10/18
Committee: INTA
Amendment 347 #

2012/0060(COD)

Proposal for a regulation
Article 6 – title
Investigations and consultations
2021/10/18
Committee: INTA
Amendment 350 #

2012/0060(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
WhereIf the Commission considers it to be in the interest of the Union, it may at any timeshall, on its own initiative or upon application of interested partiessubstantiated complaint of an EU interested party, including workers and trade unions, or a Member State, initiate an investigation into an alleged restrictive and/or discriminatory procurement third country measures or practices by publishing a notice in the Official Journal of the European Union. The notice of initiation shall include the Commission's preliminary assessment of the third country measure or practice and invite interested parties and Member States to provide all relevant information to the Commission within a specified period of time.
2021/10/18
Committee: INTA
Amendment 355 #

2012/0060(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
Upon publication of the notice, the Commission shall invite the third country concerned to submit its views, provide information and enter into consultations with the Commission in order to remove the alleged third country measure or practice. The Commission shall regularly inform Member States, within the Committee set up by Article 7 of the Council Regulation (EU) 2015/1843 (Trade Barriers Regulation), the interested parties and the European Parliament.
2021/10/18
Committee: INTA
Amendment 360 #

2012/0060(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. The assessment by the Commission of whether the alleged restrictive and/or discriminatory procurement measures or practices have been adopted or are maintained by the third country concerned shall be made on the basisinvestigation and consultations shall be concluded within a period of six months after the date of the publication in the Official Journal of the informitiation supplied by interested parties and Member States, of facts collected by the Commission during its investigation, or both. The assessment shall be concluded within a period of eight months after the initiation of the investigation. In duly justified cases, this period may be extended by four monthnotice. In duly justified cases, the Commission may, before the end of the initial six months, extend that period by three months, by publishing a notice in the Official Journal of the European Union and informing the third country, interested parties and Member States.
2021/10/18
Committee: INTA
Amendment 364 #

2012/0060(COD)

Proposal for a regulation
Article 6 – paragraph 2 a (new)
2a. Upon conclusion of the investigation and consultations, the Commission shall make publicly available a report recording the main findings of the investigation and a proposed course of action. The Commission shall present the report to the European Parliament.
2021/10/18
Committee: INTA
Amendment 368 #

2012/0060(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. Where the Commission concludes as a result offinds, following its investigation that the alleged restrictive and/or discriminatory procurementthird country measures or practices areis not maintained or that ithey does not result in restrictions toserious and recurrent impairment of access byof Union economic operators or Union goods andor services to the public procurement or concession markets of the third country concerned, the Commission shall terminate the investigation. and publish a notice of termination in the Official Journal of the European Union.
2021/10/18
Committee: INTA
Amendment 370 #

2012/0060(COD)

Proposal for a regulation
Article 6 – paragraph 4
4. When the Commission has concluded its investigation, it shall make publicly available a report recording its main findings.deleted
2021/10/18
Committee: INTA
Amendment 374 #

2012/0060(COD)

Proposal for a regulation
Article 6 – paragraph 4 a (new)
4a. The Commission may suspend the investigation and consultations at any time if the third country: (a) takes satisfactory corrective measures, or (b) undertakes commitments towards the Union to end or phase out the third country measure or practice within a reasonable period of time and no later than three months; The Commission may resume the investigation and consultations at any time if it concludes that the reasons for the suspension are no longer valid. The Commission shall publish a notice in the Official Journal of the European Union in case of suspension or resumption of the investigation and consultations.
2021/10/18
Committee: INTA
Amendment 375 #
2021/10/18
Committee: INTA
Amendment 387 #

2012/0060(COD)

Proposal for a regulation
Article 8
1. Tenders more than 50 % of the total value of which is made of goods and/or services originating in a third country, may be subject to a price adjustment measure where the third country concerned adopts or maintains restrictive and/or discriminatory procurement measures or practices. Price adjustment measures shall only apply to contracts with an estimated value equal to or above EUR 5.000.000 exclusive of value-added tax. 2. The price adjustment measure shall specify the penalty of up to 20% to be calculated on the price of the tenders concerned. It shall also specify any restrictions to the scope of application of the measure, such as those related to: (a) public procurement of specific categories of contracting authorities or contracting entities; (b) public procurement of specific categories of goods or services or tenders submitted by specific categories of economic operators; (c) public procurement above or within certain thresholds; (d) tenders submitted for specific categories of concessions; (e) the territories of certain subcentral levels of government. 3. Contracting authorities and contracting entities on the list adopted pursuant to Article 9 shall apply the price adjustment measure to the following: (a) to tenders submitted by economic operators originating in the third country concerned, unless these economic operators can demonstrate that less than 50 % of the total value of their tender is made up of goods or services originating in the third country concerned; and (b) to any tenders offering goods and services originating in the country concerned, where the value of these goods and services accounts for more than 50 % of the total value of the tender.Article 8 deleted Price adjustment measures
2021/10/18
Committee: INTA
Amendment 433 #

2012/0060(COD)

Proposal for a regulation
Article 9
Authorities or entities concerned The Commission shall determine the contracting authorities or entities or categories of contracting authorities or entities, listed by Member State, whose procurement is concerned by the measure. To provide the basis for this determination, each Member State shall submit a list of appropriate contracting authorities or entities or categories of contracting authorities or entities. The Commission shall ensure that an appropriate level of action is taken and that a fair distribution of the burden among Member States is achieved.rticle 9 deleted
2021/10/18
Committee: INTA
Amendment 439 #

2012/0060(COD)

Proposal for a regulation
Article 9 a (new)
Article 9a Additional contractual obligations upon the successful tenderer 1. In the case of procurement procedures to which an IPI measure is applicable, as well as in the case of contracts awarded based on a framework agreement where the estimated value of those contracts is equal or above the respective values set out in Article 8 of Directive 2014/23/EU, Article 4 of Directive 2014/24/EU and Article 15 of Directive 2014/25/EU and when those framework agreements were subject to the IPI measure, contracting authorities and contracting entities shall also include, among the conditions of the contract with the successful tenderer: (a) a commitment not to subcontract more than 25% of the total value of the contract to economic operators originating in a third country which is subject to an IPI measure; (b) for contracts whose subject matter covers the supply of goods, a commitment that, for the duration of the contract, goods and/or services supplied or provided in the execution of the contract and originating in the third country which is subject to the IPI measure represent no more than 25% of the total value of the contract, whether such goods and/or services are supplied or provided directly by the tenderer or by a subcontractor; (c) an obligation to provide upon request adequate evidence corresponding to points (a) and/or (b)to the contracting authority or the contracting entity at the latest upon completion of the execution of the contract; (d) a proportionate charge, in case of non-observance of the commitments referred in points (a) or (b) of 25% of the total value of the contract. 2. For the purposes of paragraph 1(c) it is sufficient to provide evidence that more than 75% of the total value of the contract originates in countries other than the third country subject to the IPI measure. The contracting authority or contracting entity shall request evidence in case of reasonable indications of incompliance with paragraph 1(a) and/or1(b) or if the contract is awarded to a group of economic operators comprising a legal person originating in the country subject to an IPI measure. 3. A reference to the additional conditions laid down in this Article shall be included by contracting authorities and contracting entities in the documents for procurement procedures to which an IPI measure is applicable.
2021/10/18
Committee: INTA
Amendment 443 #

2012/0060(COD)

Proposal for a regulation
Article 10
1. The Commission may decide, by implementing act, to withdraw the price adjustment measure or suspend its application for a period of time if the country concerned takes satisfactory remedial or corrective actions. Where the remedial or corrective actions taken by the third country concerned are rescinded, suspended or improperly implemented, the Commission may reinstate the application of the price adjustment measure, at any time, by means of an implementing act. 2. The Commission shall make publicly available its findings regarding the remedial or corrective actions taken by the third country concerned. 3. The implementing acts referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 14(2).Article 10 deleted Withdrawal or suspension of price adjustment measures
2021/10/18
Committee: INTA
Amendment 449 #
2021/10/18
Committee: INTA
Amendment 466 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 1 – introductory part
1. Contracting authorities and contracting entities may, on an exceptional basis, decide not to apply the price adjustmentIPI measure with respect to a procurement or a concession procedure if:
2021/10/18
Committee: INTA
Amendment 470 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point a
(a) there are no Union and/or covered goods or services available which meet the requirements of the contracting authority or contracting entity; ordeleted
2021/10/18
Committee: INTA
Amendment 475 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)
(aa) there are only tenders from economic operators originating in the country subject to an IPI measure, or only such tenders meet the tender requirements; or
2021/10/18
Committee: INTA
Amendment 480 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point a b (new)
(ab) this is justified for overriding reasons relating to the public interest, public security or public health emergencies.
2021/10/18
Committee: INTA
Amendment 483 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point b
(b) the application of the measure would lead to a disproportionate increase in the price or costs of the contract.deleted
2021/10/18
Committee: INTA
Amendment 486 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Where a contracting authority or contracting entity intenddecides not to apply a price adjustmentn IPI measure , it shall indicate its intention in the contract notice that it publishes pursuant to Article 49 of Directive 2014/24/EU or Arform the Commission, in a manner to be decided by the respective Member State, no later than thirty calendar days after the publication of the contract noticle 69 of Directive 2014/25/EU or in the concession notice pursuant to Article 31 of Directive 2014/23/EU. It shall notify the Commission no later than ten calendar days after the publication of the contract noticethe award of the contract. The Commission may object to a non- application of an IPI measure if the notification lacks sufficient justification. If the Commission intends to object to the non-application of an IPI measure, it shall notify the contracting authority or contracting entity within the aforementioned time period.
2021/10/18
Committee: INTA
Amendment 492 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 3 – introductory part
3. The notification shall contain the following information: information on the origin of the economic operators that have submitted a tender, due justification of the use of the exception and, where appropriate, any other information deemed useful by the contracting authority or contracting entity.
2021/10/18
Committee: INTA
Amendment 495 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 3 – point a
(a) the name and contact details of the contracting authority and/or contracting entity;deleted
2021/10/18
Committee: INTA
Amendment 496 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 3 – point b
(b) a description of the object of the contract;deleted
2021/10/18
Committee: INTA
Amendment 498 #

2012/0060(COD)

(c) information on the origin of the economic operators, the goods and/or services to be admitdeleted;
2021/10/18
Committee: INTA
Amendment 499 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 3 – point d
(d) the ground on which the decision not to apply the price adjustment measure is based, and a detailed justification for the use of the exception;deleted
2021/10/18
Committee: INTA
Amendment 502 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 3 – point e
(e) where appropriate, any other information deemed useful by the contracting authority and/or contracting entity. The Commission may ask the contracting authority or contracting entity concerned for additional information.deleted
2021/10/18
Committee: INTA
Amendment 503 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2
The Commission may ask the contracting authority or contracting entityMember State concerned for additional information.
2021/10/18
Committee: INTA
Amendment 504 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1
In the event that a contracting authority or contracting entity conducts a negotiated procedure without prior publication, under Article 2 of Directive 2014/24/EU or under Article 50 of Directive 2014/25/EU and decides not to apply a price adjustment measure , it shall indicate this in the contract award notice it publishes pursuant to Article 50 of Directive 2014/24/EU or Article 70 of Directive 2014/25/EU or in the concession award notice it publishes pursuant to Article 32 of Directive 2014/23/EU and notify the Commission no later than ten calendar days after the publication of the contract award notice.deleted
2021/10/18
Committee: INTA
Amendment 507 #

2012/0060(COD)

(a) the name and contact details of the contracting authority or contracting entity;deleted
2021/10/18
Committee: INTA
Amendment 508 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2 – point b
(b) a description of the object of the contract or the concession;deleted
2021/10/18
Committee: INTA
Amendment 509 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2 – point c
(c) information on the origin of the economic operators, the goods and/or services admitdeleted;
2021/10/18
Committee: INTA
Amendment 510 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2 – point d
(d) the justification for the use of the exception;deleted
2021/10/18
Committee: INTA
Amendment 511 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2 – point e
(e) where appropriate, any other information deemed useful by the contracting authority or contracting entity.deleted
2021/10/18
Committee: INTA
Amendment 512 #

2012/0060(COD)

Proposal for a regulation
Article 13 – title
ImplementationRemedies
2021/10/18
Committee: INTA
Amendment 514 #

2012/0060(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. In case of misapplication by contracting authorities or contracting entities of exceptions laid down in Article 12, the Commission may apply the corrective mechanism of Article 3 of Directive 89/665/EEC29 or Article 8 of Directive 92/13/EEC30 . _________________ 29Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30.12.1989, p. 33). 30Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, p. 14).deleted
2021/10/18
Committee: INTA
Amendment 515 #

2012/0060(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. Contracts concluded with an economic operator in violation of price adjustment measures adopted or reinstated by the Commission pursuant to this Regulation shall be ineffective.deleted
2021/10/18
Committee: INTA
Amendment 518 #

2012/0060(COD)

Proposal for a regulation
Article 13 a (new)
Article 13a Remedies To ensure legal protection of economic operators having or having had an interest in obtaining a particular contract falling under the scope of this Regulation, Council Directive 89/665/EEC and Council Directive 92/13/EEC shall apply accordingly
2021/10/18
Committee: INTA
Amendment 521 #

2012/0060(COD)

Proposal for a regulation
Article 15
1. Information received pursuant to this Regulation shall be used only for the purpose for which it was requested. 2. Neither the Commission nor the Council, nor the European Parliament nor Member States, nor their officials shall reveal any information of a confidential nature received pursuant to this Regulation, without specific permission from the supplier of such information. 3. The supplier of information may request to treat information submitted as confidential. The request for confidentiality shall be accompanied by a non-confidential summary of the information or a statement of the reasons why the information cannot be summarised. 4. If a request for confidentiality is not justified and if the supplier is unwilling either to make the information public or to authorise its disclosure in generalised or summary form, the information in question may be disregarded. 5. Paragraphs 1 to 4 shall not preclude the disclosure of general information by the Union authorities. Such disclosure must take into account the legitimate interest of the parties concerned in not having their business secrets divulged.Article 15 deleted Confidentiality
2021/10/18
Committee: INTA
Amendment 523 #

2012/0060(COD)

Proposal for a regulation
Article 16 – paragraph 1
By 31 December 2018Three years after the date of entry into force of this Regulation and at least every three years thereafter , the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation and on progress made in international negotiations regarding access for Union economic operators to public contract or concession award procedures inrocurement and concession markets of third countries undertaken under this Regulation. To this effect, Member States shall upon request provide the Commission with appropriate informationMember States will inform the Commission when applying an IPI measure, with appropriate information on the application of measures under this Regulation, including as regards the number of procurement procedures at central and sub-central level in which a given IPI measure was applied, the number of tenders received from third countries subject to that IPI measure, as well as cases in which a specific exception from the IPI measure was applied.
2021/10/18
Committee: INTA
Amendment 531 #

2012/0060(COD)

Proposal for a regulation
Article 17 a (new)
Article 17a Review No later than three years after the adoption of an implementing act or after the date of entry into force of this Regulation, whichever is the earliest, and every three years thereafter, the Commission shall review the scope, functioning and efficiency of this Regulation, and shall report its findings to the European Parliament and the Council.
2021/10/18
Committee: INTA