BETA

Activities of Clare DALY related to 2022/0135(COD)

Shadow reports (1)

2022/12/05
Committee: LIBE
Dossiers: 2022/0135(COD)
Documents: PDF(208 KB) DOC(86 KB)
Authors: [{'name': 'Erik MARQUARDT', 'mepid': 197462}]

Amendments (19)

Proposal for a regulation
Recital 3

(3) ~~Kuwait and Qatar present low risks of irregular migration to the Union and issue biometric passports in line with standards of the International Civil Aviation Organisation. Security cooper~~According to the Commission’s assessment, Kuwait and Qatar fulfil the criteria set out in Regulation (EU) 2018/1806, allowing their inclusion on the list of countries whose nationals are exempt from the visa requirement, and both countries also issue biometric passports in line with standards of the International Civil Aviation Organisation. However, there is a key obligation to take into consideration human rights and fundamental freedoms as part of the case- by-case assessment of criteria leading to a determination wiof the th~~ose~~ird countries ~~has intensified in recent years. As regards economic interests, Kuwait and Qatar are important economic partners for the Union, in particular in the area of energy. Although~~whose nationals are exempt from the visa requirement in Article 1 of Regulation (EU) 2018/1806, and the situation regarding rights and freedoms in both countries is extremely poor. As outlined in the Commission’s assessment (Commission’s Staff Working Document on the fulfilment by Kuwait and Qatar of the criteria listed in Article 1 of Regulation (EU)2018/1806), in the EEAS 2021 EU Annual Report on Human Rights and Democracy in the World (Country Reports) and in numerous NGOs’ reports, extremely serious concerns and challenges ~~remain~~exist in the area of human rights and fundamental freedoms, in Kuwait and Qatar have undergone societal transformations and improvements regarding women’s rights, labour rights and freedom of religion and interfaith dialogue and are expected to continue making progress and reforms. The long- term benefits of visa-free travel to the EU can reinforce positive trends in these areas. In Qatar in particular, grave rights abuses in regard to migrant workers employed to build infrastructure for the 2022 World Cup, including abuses that have led to thousands of deaths, have been reported and verified, and will be the subject of particular focus when the World Cup begins in November 2022.

2022/10/18
Committee: LIBE

Proposal for a regulation
Recital 3 a (new)

(3 a) Moreover the Kafala system migrant workers the basic human right to freedom of movement. The employer controls the mobility of the worker under the sponsorship system, through withholding their passport and legal control over their ability to change employment and exit from the country.

2022/10/18
Committee: LIBE

Proposal for a regulation
Recital 3 b (new)

(3 b) Considering that this cruel system of modern day slavery is implemented among all Gulf Cooperation Countries.

2022/10/18
Committee: LIBE

Proposal for a regulation
Recital 3 c (new)

(3 c) Notwithstanding some recent changes, both countries have some of the most repressive and rights-limiting political and social regimes in the world. The two countries do not therefore fulfil the Article 1 criteria for the extension of an exemption from the visa requirement. In addition, given the rampant and deadly abuse suffered by migrant workers building infrastructure for the 2022 World Cup in Qatar, the extension of a visa exemption to Qatar at the present moment, ahead of other countries with better human rights records, is not simply in breach of the human rights provisions of Article 1, it is anathema to them.

2022/10/18
Committee: LIBE

Proposal for a regulation
Recital 3 d (new)

(3 d) A full-fledged, official human rights dialogue should be pursued with Kuwait and Qatar, leading to tangible and measurable improvements and achievements regarding, among others, labour rand workers’ rights, including the rights of migrant workers, women’s rights, LGBTQ+ people’s rights, freedom of religion, prohibition of torture, freedom of speech, right of assembly, and the prohibition of the death penalty. The bilateral agreements on visa waiver between the Union and Kuwait and the Union and Qatar should include explicit and concrete commitments in this regard. They should also include a clear statement of the intervals at which dialogue will take place, and the interval at which reports arising from the dialogues will be communicated to the European Parliament, an interval which should be no less than annual.

2022/10/18
Committee: LIBE

Proposal for a regulation
Recital 3 e (new)

(3 e) In addition, in light of the paucity of independent civil society organisations in both states, a rights-monitoring mechanism should be established and its freedom to work unimpeded and unharrassed in both countries agreed to in the bilateral agreement. Rights monitoring through this mechanism should be carried out by an entity independent of both Qatar and Kuwait, and it should report regularly to the European institutions on its findings. The rights monitoring mechanism should be empowered to propose that the visa exemption be suspended on the basis of its findings, and that proposal must be considered by the institutions. The bilateral agreements should also include a clear provision to the effect that a failure to implement commitments agreed to in human rights dialogues will trigger a suspension of the visa exemption.

2022/10/18
Committee: LIBE

Proposal for a regulation
Recital 3 f (new)

(3 f) In light of the extreme wealth of the Qatari state, and the extreme suffering experienced by migrant workers there, as documented by EU bodies and multiple NGOs, the bilateral agreement should include a commitment from Qatar to establish a comprehensive compensation program for workers who have suffered serious harms, including deaths, injuries, and wage theft, while working in Qatar, and this compensation programme should be made available to workers' families in circumstances where the worker is deceased.

2022/10/18
Committee: LIBE

Proposal for a regulation
Recital 4

(4) Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than 90 days in any 180-day period, and references to those countries should be transferred to Annex II to Regulation (EU) 2018/1806.deleted

2022/10/18
Committee: LIBE

Proposal for a regulation
Recital 5

(5) The exemption from the visa requirement for nationals of Kuwait and Qatar is without prejudice to the application of EU restrictive measures adopted on the basis of Article 29 TEU and Article 215 TFEU.deleted

2022/10/18
Committee: LIBE

Proposal for a regulation
Recital 6

(6) The exemption from the visa requirement for nationals of Kuwait and Qatar should not apply until bilateral agreements on visa waiver between the Union and Kuwait and Qatar have been concluded, in order notably to ensure full reciprocity is maintained.deleted

2022/10/18
Committee: LIBE

Proposal for a regulation
Recital 7

~~(7) Regulation (EU) 2018/1806 should therefore be amended accordingly,~~deleted

2022/10/18
Committee: LIBE

Proposal for a regulation
Recital 8

(8) This Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC7 . Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application. _________________ 7 Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).deleted

2022/10/18
Committee: LIBE

Proposal for a regulation
Recital 9

(9) As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis, which fall within the area referred to in point B of Article 1, of Council Decision 1999/437/EC8 . _________________ 8 Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).deleted

2022/10/18
Committee: LIBE

Proposal for a regulation
Recital 10

(10) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in point B of Article 1, of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC9 . _________________ 9 Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis, OJ L 53, 27.2.2008, p. 1.deleted

2022/10/18
Committee: LIBE

(11) As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol signed between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in point B of Article 1, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU10 , _________________ 10 Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons, OJ L 160, 18.6.2011, p. 19.deleted

2022/10/18
Committee: LIBE

Proposal for a regulation
Recital 12

(12) This Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession, Article 4(1) of the 2005 Act of Accession and Article 4(1) of the 2011 Act of Accession.deleted

2022/10/18
Committee: LIBE

Proposal for a regulation
Article 1

Regulation (EU) 2018/1806
Article 1

Regulation (EU) 2018/1806 is amended as follows: (a) in point 1 of Annex I, (“STATES”) the references to Kuwait and Qatar are deleted. (b) in Annex II, Point 1 (“STATES”), is amended as follows: (i) between the references to … and to …., the following reference is inserted : ‘Kuwait (*)(**)” (*) The exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union. (**) The exemption from the visa requirement shall only apply to holders of biometric passports issued in line with the standards of the International Civil Aviation Organisation (ICAO). ‘Qatar (*)(**)” (*) The exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union. (**) The exemption from the visa requirement shall only apply to holders of biometric passports issued ’in line with the standards of the International Civil Aviation Organisation (ICAO).Article 1 deleted

2022/10/18
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1

Regulation (EU) 2018/1806
Article 1

Regulation (EU) 2018/1806 is amended as follows: (a) in point 1 of Annex I, (“STATES”) the references to Kuwait and Qatar are deleted. (b) in Annex II, Point 1 (“STATES”), is amended as follows: (i) between the references to … and to …., the following reference is inserted : ‘Kuwait (*)(**)” (*) The exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union. (**) The exemption from the visa requirement shall only apply to holders of biometric passports issued in line with the standards of the International Civil Aviation Organisation (ICAO).’ ‘Qatar (*)(**)” (*) The exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union. (**) The exemption from the visa requirement shall only apply to holders of biometric passports issued ’in line with the standards of the International Civil Aviation Organisation (ICAO).’deleted

2022/10/18
Committee: LIBE

Proposal for a regulation
Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.Article 2 deleted

2022/10/18
Committee: LIBE