BETA

Activities of Malik AZMANI

Plenary speeches (64)

The Turkish military operation in northeast Syria and its consequences (debate)
2019/10/23
Dossiers: 2019/2886(RSP)
Situation in the hotspots on the Greek islands, in particular the case of Moria (debate)
2019/11/14
Presentation by the Commission President-elect of the College of Commissioners and their programme (debate)
2019/11/27
Situation in Iran and Iraq following recent escalations (debate)
2020/01/14
Commission Work Programme 2020 (debate)
2020/01/30
Humanitarian situation of refugees at EU external borders (debate)
2020/02/12
Migration situation at the Greek-Turkish border and the EU's common response to it (debate)
2020/03/10
EU Recovery package (debate)
2020/05/27
Foreign policy consequences of the COVID-19 crisis - The PRC national security law for Hong Kong and the need for the EU to defend Hong Kong's high degree of autonomy - The EU's response to the possible Israeli annexation in the West Bank (debate)
2020/06/18
Dossiers: 2020/2665(RSP)
Presentation of the programme of activities of the German Presidency (debate)
2020/07/08
Preparation of the Special European Council, focusing on the dangerous escalation and the role of Turkey in the Eastern Mediterranean (debate)
2020/09/15
State of the Union (topical debate) (debate)
2020/09/16
The need for an immediate and humanitarian EU response to the current situation in the refugee camp in Moria (debate)
2020/09/17
The resumption of hostilities between Armenia and Azerbaijan in relation to the Nagorno-Karabakh conflict (debate)
2020/10/07
Commission Work Programme 2021 (debate)
2020/10/20
European Citizens’ Initiative – Minority SafePack (continuation of debate)
2020/12/14
Dossiers: 2020/2846(RSP)
Conclusions of the European Council meeting of 10-11 December 2020 – MFF, Rule of Law Conditionality and Own Resources – Council regulation laying down the multiannual financial framework for the years 2021 to 2027 – Proposal for an Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources – Regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States (debate)
2020/12/16
Dossiers: 2018/0166(APP)
Humanitarian situation of refugees and migrants at the EU's external borders (debate)
2021/01/19
Presentation of the programme of activities of the Portuguese Presidency (debate)
2021/01/20
Conclusions of the European Council meeting of 25 and 26 March 2021 - The outcome of the high level meeting between the EU and Turkey of the 6th of April (debate)
2021/04/26
The EU-UK Trade and Cooperation Agreement - The outcome of EU-UK negotiations (debate)
2021/04/27
Dossiers: 2020/0382(NLE)
Russia, the case of Alexei Navalny, military build-up on Ukraine's border and Russian attack in the Czech Republic (debate)
2021/04/28
Dossiers: 2021/2642(RSP)
Recent deaths in the Mediterranean and search and rescue at sea (debate)
2021/05/18
New avenues for legal labour migration (debate)
2021/05/19
Dossiers: 2020/2010(INI)
Presentation of the programme of activities of the Slovenian Presidency (debate)
2021/07/06
Commission Work Programme 2022 (debate)
2021/07/07
Situation in Afghanistan (debate)
2021/09/14
Dossiers: 2021/2877(RSP)
State of the Union (debate)
2021/09/15
The Rule of law crisis in Poland and the primacy of EU law (debate)
2021/10/19
The Rule of law crisis in Poland and the primacy of EU law (continuation of debate)
2021/10/19
Dossiers: 2021/2935(RSP)
Commission Work Programme 2022 (debate)
2021/10/19
The escalating humanitarian crisis on the EU-Belarusian border, in particular in Poland (debate)
2021/11/10
EU-Russia relations, European security and Russia’s military threat against Ukraine (debate)
2022/02/16
The Rule of Law and the consequences of the ECJ ruling (debate)
2022/02/16
Russian aggression against Ukraine (debate)
2022/03/01
The deterioration of the situation of refugees as a consequence of the Russian aggression against Ukraine (debate)
2022/03/08
Debriefing of the European Council meeting in Paris on 10 March 2022 - Preparation of the European Council meeting 24-25 March 2022 (debate)
2022/03/23
Address by Justin Trudeau, Prime Minister of Canada
2022/03/23
Dossiers: 2022/2593(RSP)
The fight against impunity for war crimes in Ukraine (debate)
2022/05/19
Dossiers: 2022/2655(RSP)
2021 Report on Turkey (debate)
2022/06/06
Dossiers: 2021/2250(INI)
Conclusions of the special European Council meeting of 30-31 May 2022 (debate)
2022/06/08
This is Europe - Debate with the Prime Minister of Greece, Kyriakos Mitsotakis (debate)
2022/07/05
State of the Union (debate)
2022/09/14
The Dutch childcare benefit scandal, institutional racism and algorithms (debate)
2022/10/05
Dossiers: 2022/2850(RSP)
Commission Work Programme 2023 (debate)
2022/10/18
The need for a European solution on asylum and migration including search and rescue (debate)
2022/11/23
Presentation of the programme of activities of the Swedish Presidency (debate)
2023/01/17
Preparation of the Special European Council meeting of February, in particular the need to develop sustainable solutions in the area of asylum and migration (debate)
2023/02/01
EU response to the humanitarian situation following the earthquake in Türkiye and Syria (debate)
2023/02/13
One year of Russia’s invasion and war of aggression against Ukraine (debate)
2023/02/15
Conclusions of the European Council meeting of 23-24 March 2023 (debate)
2023/03/29
Preparation of the European Council meeting of 29-30 June 2023, in particular in the light of recent steps towards concluding the Migration Pact (debate)
2023/06/14
The need for EU action on search and rescue in the Mediterranean (debate)
2023/07/12
EU-Tunisia Agreement - aspects related to external migration policy (debate)
2023/09/12
2022 Report on Türkiye (debate)
2023/09/12
Dossiers: 2022/2205(INI)
State of the Union (debate)
2023/09/13
Need for a speedy adoption of the asylum and migration package (debate)
2023/10/04
Commission Work Programme 2024 (debate)
2023/10/17
Preparation of the European Council meeting of 26-27 October 2023 (debate)
2023/10/18
Commemoration of Jacques Delors
2024/01/15
Conclusions of the European Council meeting of 14-15 December 2023 and preparation of the Special European Council meeting of 1 February 2024 - Situation in Hungary and frozen EU funds (joint debate - European Council meetings)
2024/01/17
Strengthening European Defence in a volatile geopolitical landscape - Implementation of the common foreign and security policy – annual report 2023 - Implementation of the common security and defence policy – annual report 2023 (joint debate - European security and defence)
2024/02/28
The murder of Alexei Navalny and the need for EU action in support of political prisoners and oppressed civil society in Russia (debate)
2024/02/28
Screening of third country nationals at the external borders - European Criminal Records Information System - Third Country Nationals - Common procedure for international protection in the Union - Establishing a return border procedure, and amending Regulation (EU) 2021/1148 - Asylum and migration management - Addressing situations of crisis and force majeure - Establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013, for identifying an illegally staying third-country national or stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes (recast) - Union Resettlement Framework - Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection - Standards for the reception of applicants for international protection (recast) (joint debate - Migration and Asylum package)
2024/04/10

Reports (2)

REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a collaboration platform to support the functioning of Joint Investigation Teams and amending Regulation (EU) 2018/1726
2022/10/13
Committee: LIBE
Dossiers: 2021/0391(COD)
Documents: PDF(293 KB) DOC(121 KB)
Authors: [{'name': 'Malik AZMANI', 'mepid': 197781}]
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and Iceland on supplementary rules in relation to the Instrument for Financial Support for Border Management and Visa Policy, as part of the Integrated Border Management Fund, for the period 2021 to 2027
2024/03/22
Committee: LIBE
Dossiers: 2023/0231(NLE)
Documents: PDF(172 KB) DOC(51 KB)
Authors: [{'name': 'Malik AZMANI', 'mepid': 197781}]

Shadow reports (8)

REPORT on the implementation of Article 43 of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection
2021/01/20
Committee: LIBE
Dossiers: 2020/2047(INI)
Documents: PDF(205 KB) DOC(69 KB)
Authors: [{'name': 'Erik MARQUARDT', 'mepid': 197462}]
REPORT on new avenues for legal labour migration
2021/04/26
Committee: LIBE
Dossiers: 2020/2010(INI)
Documents: PDF(249 KB) DOC(92 KB)
Authors: [{'name': 'Sylvie GUILLAUME', 'mepid': 96952}]
REPORT on the 2021 Commission Report on Turkey
2022/05/18
Committee: AFET
Dossiers: 2021/2250(INI)
Documents: PDF(247 KB) DOC(97 KB)
Authors: [{'name': 'Nacho SÁNCHEZ AMOR', 'mepid': 197722}]
REPORT on a European Parliament recommendation to the Council and the Commission on the negotiations for a cooperation agreement between the European Union and the International Criminal Police Organization (ICPO-INTERPOL)
2022/06/30
Committee: LIBE
Dossiers: 2022/2025(INI)
Documents: PDF(226 KB) DOC(79 KB)
Authors: [{'name': 'Jadwiga WIŚNIEWSKA', 'mepid': 124877}]
REPORT on the proposal for a regulation of the European Parliament and of the Council addressing situations of crisis in the field of migration and asylum
2023/04/05
Committee: LIBE
Dossiers: 2020/0277(COD)
Documents: PDF(336 KB) DOC(144 KB)
Authors: [{'name': 'Juan Fernando LÓPEZ AGUILAR', 'mepid': 96812}]
REPORT on the proposal for a directive of the European Parliament and of the Council on asset recovery and confiscation
2023/05/26
Committee: LIBE
Dossiers: 2022/0167(COD)
Documents: PDF(493 KB) DOC(202 KB)
Authors: [{'name': 'Loránt VINCZE', 'mepid': 98582}]
REPORT on the 2022 Commission Report on Türkiye
2023/07/25
Committee: AFET
Dossiers: 2022/2205(INI)
Documents: PDF(207 KB) DOC(80 KB)
Authors: [{'name': 'Nacho SÁNCHEZ AMOR', 'mepid': 197722}]
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/399 on a Union Code on the rules governing the movement of persons across borders
2023/09/27
Committee: LIBE
Dossiers: 2021/0428(COD)
Documents: PDF(383 KB) DOC(168 KB)
Authors: [{'name': 'Sylvie GUILLAUME', 'mepid': 96952}]

Institutional motions (192)

MOTION FOR A RESOLUTION on the proposed new Criminal Code of Indonesia
2019/10/21
Dossiers: 2019/2881(RSP)
Documents: PDF(147 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on Egypt
2019/10/21
Dossiers: 2019/2880(RSP)
Documents: PDF(200 KB) DOC(51 KB)
MOTION FOR A RESOLUTION On the situation of LGBTI people in Uganda
2019/10/21
Dossiers: 2019/2879(RSP)
Documents: PDF(146 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the Turkish military operation in northeast Syria and its consequences
2019/10/21
Dossiers: 2019/2886(RSP)
Documents: PDF(158 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the Turkish military operation in northeast Syria and its consequences
2019/10/22
Dossiers: 2019/2886(RSP)
Documents: PDF(169 KB) DOC(58 KB)
JOINT MOTION FOR A RESOLUTION on the proposed criminal code of Indonesia
2019/10/23
Dossiers: 2019/2881(RSP)
Documents: PDF(150 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on the situation of LGBTI people in Uganda
2019/10/23
Dossiers: 2019/2879(RSP)
Documents: PDF(159 KB) DOC(51 KB)
MOTION FOR A RESOLUTION on the EU’s accession to the Istanbul Convention and other measures to combat gender-based violence
2019/11/25
Dossiers: 2019/2855(RSP)
Documents: PDF(163 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on Haiti
2019/11/25
Dossiers: 2019/2928(RSP)
Documents: PDF(155 KB) DOC(50 KB)
MOTION FOR A RESOLUTION on Cuba, the case of José Daniel Ferrer
2019/11/25
Dossiers: 2019/2929(RSP)
Documents: PDF(151 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on the situation of freedoms in Algeria
2019/11/25
Dossiers: 2019/2927(RSP)
Documents: PDF(141 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the situation in Bolivia
2019/11/25
Dossiers: 2019/2896(RSP)
Documents: PDF(148 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on recent actions by the Russian Federation against Lithuanian judges, prosecutors and investigators involved in investigating the tragic events of 13 January 1991 in Vilnius
2019/11/25
Dossiers: 2019/2938(RSP)
Documents: PDF(141 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Bolivia
2019/11/26
Dossiers: 2019/2896(RSP)
Documents: PDF(155 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on recent actions by the Russian Federation against Lithuanian judges, prosecutors and investigators involved in investigating the tragic events of 13 January 1991 in Vilnius
2019/11/26
Dossiers: 2019/2938(RSP)
Documents: PDF(160 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on Haiti
2019/11/27
Dossiers: 2019/2928(RSP)
Documents: PDF(161 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on Cuba, the case of José Daniel Ferrer
2019/11/27
Dossiers: 2019/2929(RSP)
Documents: PDF(154 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the situation of freedoms in Algeria
2019/11/27
Dossiers: 2019/2927(RSP)
Documents: PDF(175 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on violations of human rights including religious freedoms in Burkina Faso
2019/12/16
Dossiers: 2019/2980(RSP)
Documents: PDF(149 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on the Russian "Foreign Agents" Law
2019/12/16
Dossiers: 2019/2982(RSP)
Documents: PDF(179 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on Afghanistan, notably the allegations of sexual abuse of boys in the Logar Province
2019/12/16
Dossiers: 2019/2981(RSP)
Documents: PDF(163 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the situation of human rights and democracy in Nicaragua
2019/12/16
Dossiers: 2019/2978(RSP)
Documents: PDF(148 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on the situation of the Uyghurs in China (China Cables)
2019/12/16
Dossiers: 2019/2945(RSP)
Documents: PDF(146 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the situation of human rights and democracy in Nicaragua
2019/12/17
Dossiers: 2019/2978(RSP)
Documents: PDF(153 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the situation of the Uyghurs in China (China Cables)
2019/12/17
Dossiers: 2019/2945(RSP)
Documents: PDF(164 KB) DOC(55 KB)
JOINT MOTION FOR A RESOLUTION on violations of human rights including religious freedoms in Burkina Faso
2019/12/18
Dossiers: 2019/2980(RSP)
Documents: PDF(191 KB) DOC(57 KB)
JOINT MOTION FOR A RESOLUTION on the Russian ‘foreign agents’ law
2019/12/18
Dossiers: 2019/2982(RSP)
Documents: PDF(158 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on Afghanistan, notably the allegations of sexual abuse of boys in the Logar Province
2019/12/18
Dossiers: 2019/2981(RSP)
Documents: PDF(154 KB) DOC(52 KB)
MOTION FOR A RESOLUTION on Burundi, notably freedom of expression
2020/01/13
Dossiers: 2020/2502(RSP)
Documents: PDF(152 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on Nigeria, notably the recent terrorist attacks
2020/01/13
Dossiers: 2020/2503(RSP)
Documents: PDF(154 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on the situation in Venezuela after the illegal election of the new National Assembly Presidency and Bureau (parliamentary coup)
2020/01/13
Dossiers: 2020/2507(RSP)
Documents: PDF(148 KB) DOC(49 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Venezuela after the illegal election of the new National Assembly Presidency and Bureau (parliamentary coup)
2020/01/14
Dossiers: 2020/2507(RSP)
Documents: PDF(151 KB) DOC(49 KB)
JOINT MOTION FOR A RESOLUTION on Nigeria, notably the recent terrorist attacks
2020/01/15
Dossiers: 2020/2503(RSP)
Documents: PDF(161 KB) DOC(55 KB)
JOINT MOTION FOR A RESOLUTION on Burundi, notably freedom of expression
2020/01/15
Dossiers: 2020/2502(RSP)
Documents: PDF(169 KB) DOC(57 KB)
MOTION FOR A RESOLUTION on Guinea-Conakry, notably violence towards protesters
2020/02/10
Dossiers: 2020/2551(RSP)
Documents: PDF(192 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on Child labour in mines in Madagascar
2020/02/10
Dossiers: 2020/2552(RSP)
Documents: PDF(186 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the Republic of Guinea, notably violence towards protestors
2020/02/12
Dossiers: 2020/2551(RSP)
Documents: PDF(162 KB) DOC(54 KB)
JOINT MOTION FOR A RESOLUTION on child labour in mines in Madagascar
2020/02/12
Dossiers: 2020/2552(RSP)
Documents: PDF(178 KB) DOC(61 KB)
JOINT MOTION FOR A RESOLUTION on the humanitarian situation in Venezuela and the migration and refugee crisis
2020/07/07
Dossiers: 2019/2952(RSP)
Documents: PDF(183 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Russia: the poisoning of Alexei Navalny
2020/09/15
Dossiers: 2020/2777(RSP)
Documents: PDF(159 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Belarus
2020/09/15
Dossiers: 2020/2779(RSP)
Documents: PDF(165 KB) DOC(54 KB)
JOINT MOTION FOR A RESOLUTION on the preparation of the special European Council summit focusing on the dangerous escalation and the role of Turkey in the Eastern Mediterranean
2020/09/15
Dossiers: 2020/2774(RSP)
Documents: PDF(166 KB) DOC(54 KB)
MOTION FOR A RESOLUTION on Eritrea, the case of Dawit Isaak
2020/10/05
Dossiers: 2020/2813(RSP)
Documents: PDF(143 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on the situation of Ethiopian migrants in detention centres in Saudi Arabia
2020/10/05
Dossiers: 2020/2815(RSP)
Documents: PDF(142 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on the "Foreign Agents" Law in Nicaragua
2020/10/05
Dossiers: 2020/2814(RSP)
Documents: PDF(144 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the ‘Foreign Agents’ Law in Nicaragua
2020/10/07
Dossiers: 2020/2814(RSP)
Documents: PDF(157 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on Eritrea, notably the case of Dawit Isaak
2020/10/07
Dossiers: 2020/2813(RSP)
Documents: PDF(176 KB) DOC(54 KB)
MOTION FOR A RESOLUTION on the European Citizens’ Initiative ‘Minority SafePack – one million signatures for diversity in Europe’
2020/12/09
Dossiers: 2020/2846(RSP)
Documents: PDF(171 KB) DOC(50 KB)
MOTION FOR A RESOLUTION on Iran, in particular the case of 2012 Sakharov Prize laureate Nasrin Sotoudeh
2020/12/14
Dossiers: 2020/2914(RSP)
Documents: PDF(169 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region
2020/12/14
Dossiers: 2020/2913(RSP)
Documents: PDF(186 KB) DOC(52 KB)
MOTION FOR A RESOLUTION on the deteriorating situation of human rights in Egypt, in particular the case of the activists of the Egyptian Initiative for Personal Rights (EIPR)
2020/12/14
Dossiers: 2020/2912(RSP)
Documents: PDF(163 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region
2020/12/16
Dossiers: 2020/2913(RSP)
Documents: PDF(170 KB) DOC(58 KB)
JOINT MOTION FOR A RESOLUTION on the deteriorating situation of human rights in Egypt, in particular the case of the activists of the Egyptian Initiative for Personal Rights (EIPR)
2020/12/16
Dossiers: 2020/2912(RSP)
Documents: PDF(159 KB) DOC(57 KB)
MOTION FOR A RESOLUTION on human rights situation in Kazakhstan
2021/02/08
Dossiers: 2021/2544(RSP)
Documents: PDF(166 KB) DOC(50 KB)
MOTION FOR A RESOLUTION on the political situation in Uganda
2021/02/08
Dossiers: 2021/2545(RSP)
Documents: PDF(149 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on Rwanda, the case of Paul Rusesabagina
2021/02/08
Dossiers: 2021/2543(RSP)
Documents: PDF(146 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the humanitarian and political situation in Yemen
2021/02/08
Dossiers: 2021/2539(RSP)
Documents: PDF(154 KB) DOC(52 KB)
MOTION FOR A RESOLUTION on the situation in Myanmar
2021/02/08
Dossiers: 2021/2540(RSP)
Documents: PDF(146 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on the situation in Eastern Democratic Republic of Congo and the assassination of the Italian Ambassador Luca Attanasio and his entourage
2021/03/08
Dossiers: 2021/2577(RSP)
Documents: PDF(151 KB) DOC(46 KB)
MOTION FOR A RESOLUTION The human rights situation in the Kingdom of Bahrain, in particular the cases of death row inmates and human rights defenders
2021/03/08
Dossiers: 2021/2578(RSP)
Documents: PDF(154 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on the mass trials against opposition and civil society in Cambodia
2021/03/08
Dossiers: 2021/2579(RSP)
Documents: PDF(153 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the human rights situation in the Kingdom of Bahrain, in particular the cases of death row inmates and human rights defenders
2021/03/10
Dossiers: 2021/2578(RSP)
Documents: PDF(169 KB) DOC(54 KB)
JOINT MOTION FOR A RESOLUTION on the mass trials against the opposition and civil society in Cambodia
2021/03/10
Dossiers: 2021/2579(RSP)
Documents: PDF(160 KB) DOC(54 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Eastern Democratic Republic of Congo and the assassination of the Italian Ambassador Luca Attanasio and his entourage
2021/03/10
Dossiers: 2021/2577(RSP)
Documents: PDF(163 KB) DOC(57 KB)
MOTION FOR A RESOLUTION on the assassination of Daphne Caruana Galizia and the rule of law in Malta
2021/04/21
Dossiers: 2021/2611(RSP)
Documents: PDF(155 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on the COVID-19 Pandemic in Latin America
2021/04/26
Dossiers: 2021/2645(RSP)
Documents: PDF(165 KB) DOC(50 KB)
MOTION FOR A RESOLUTION on the Blasphemy laws in Pakistan, in particular the case of Shagufta Kausar and Shafqat Emmanuel
2021/04/27
Dossiers: 2021/2647(RSP)
Documents: PDF(150 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on Bolivia and the arrest of former President Jeanine Añez and other officials
2021/04/27
Dossiers: 2021/2646(RSP)
Documents: PDF(160 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the blasphemy laws in Pakistan, in particular the case of Shagufta Kausar and Shafqat Emmanuel
2021/04/28
Dossiers: 2021/2647(RSP)
Documents: PDF(167 KB) DOC(54 KB)
JOINT MOTION FOR A RESOLUTION on Bolivia and the arrest of former President Jeanine Añez and other officials
2021/04/28
Dossiers: 2021/2646(RSP)
Documents: PDF(152 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the COVID-19 pandemic in Latin America
2021/04/28
Dossiers: 2021/2645(RSP)
Documents: PDF(190 KB) DOC(54 KB)
MOTION FOR A RESOLUTION on Chinese countersanctions on EU entities and MEPs and MPs
2021/05/12
Dossiers: 2021/2644(RSP)
Documents: PDF(146 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the situation in Chad
2021/05/17
Dossiers: 2021/2695(RSP)
Documents: PDF(156 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the situation in Haiti
2021/05/17
Dossiers: 2021/2694(RSP)
Documents: PDF(160 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on prisoners of war in the aftermath of the most recent conflict between Armenia and Azerbaijan
2021/05/17
Dossiers: 2021/2693(RSP)
Documents: PDF(175 KB) DOC(49 KB)
JOINT MOTION FOR A RESOLUTION on Chinese countersanctions on EU entities and MEPs and MPs
2021/05/18
Dossiers: 2021/2644(RSP)
Documents: PDF(168 KB) DOC(55 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Chad
2021/05/19
Dossiers: 2021/2695(RSP)
Documents: PDF(156 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on prisoners of war in the aftermath of the most recent conflict between Armenia and Azerbaijan
2021/05/19
Dossiers: 2021/2693(RSP)
Documents: PDF(161 KB) DOC(55 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Sri Lanka, in particular the arrests under the Prevention of Terrorism Act
2021/06/09
Dossiers: 2021/2748(RSP)
Documents: PDF(157 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the human rights and political situation in Cuba
2021/06/09
Dossiers: 2021/2745(RSP)
Documents: PDF(167 KB) DOC(54 KB)
MOTION FOR A RESOLUTION on the repression of the opposition in Turkey, specifically the Peoples’ Democratic Party (HDP)
2021/07/06
Dossiers: 2021/2788(RSP)
Documents: PDF(152 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on the situation in Nicaragua
2021/07/06
Dossiers: 2021/2777(RSP)
Documents: PDF(151 KB) DOC(48 KB)
JOINT MOTION FOR A RESOLUTION on the repression of the opposition in Turkey, specifically the Peoples’ Democratic Party (HDP)
2021/07/07
Dossiers: 2021/2788(RSP)
Documents: PDF(159 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Nicaragua
2021/07/07
Dossiers: 2021/2777(RSP)
Documents: PDF(158 KB) DOC(53 KB)
MOTION FOR A RESOLUTION The situation in Kakuma refugee camp in Kenya
2021/09/13
Dossiers: 2021/2874(RSP)
Documents: PDF(160 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the case of human rights defender Ahmed Mansoor in the UAEon the case of human rights defender Ahmed Mansoor in the UAE
2021/09/13
Dossiers: 2021/2873(RSP)
Documents: PDF(162 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on Government crackdown on protests and citizens in Cuba
2021/09/13
Dossiers: 2021/2872(RSP)
Documents: PDF(186 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on the situation in Lebanon
2021/09/14
Dossiers: 2021/2878(RSP)
Documents: PDF(153 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on the government crackdown on protests and citizens in Cuba
2021/09/15
Dossiers: 2021/2872(RSP)
Documents: PDF(165 KB) DOC(56 KB)
JOINT MOTION FOR A RESOLUTION on the case of human rights defender Ahmed Mansoor in the United Arab Emirates
2021/09/15
Dossiers: 2021/2873(RSP)
Documents: PDF(172 KB) DOC(57 KB)
MOTION FOR A RESOLUTION on the situation in Belarus after one year of protests and their violent repression
2021/10/04
Dossiers: 2021/2881(RSP)
Documents: PDF(157 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on the state law relating to abortion in Texas, USA
2021/10/06
Dossiers: 2021/2910(RSP)
Documents: PDF(257 KB) DOC(59 KB)
JOINT MOTION FOR A RESOLUTION on the humanitarian situation in Tigray
2021/10/06
Dossiers: 2021/2902(RSP)
Documents: PDF(173 KB) DOC(58 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Belarus after one year of protests and their violent repression
2021/10/06
Dossiers: 2021/2881(RSP)
Documents: PDF(181 KB) DOC(60 KB)
MOTION FOR A RESOLUTION on the rule of law crisis in Poland and the primacy of EU law
2021/10/19
Dossiers: 2021/2935(RSP)
Documents: PDF(167 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the human rights violations by private military and security companies, particularly the Wagner Group
2021/11/24
Dossiers: 2021/2982(RSP)
Documents: PDF(178 KB) DOC(59 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Somalia
2021/11/24
Dossiers: 2021/2981(RSP)
Documents: PDF(183 KB) DOC(59 KB)
JOINT MOTION FOR A RESOLUTION on the human rights situation in Cameroon
2021/11/24
Dossiers: 2021/2983(RSP)
Documents: PDF(162 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on the situation in Cuba, namely the cases of José Daniel Ferrer, Lady in White Aymara Nieto, Maykel Castillo, Luis Robles, Félix Navarro, Luis Manuel Otero, Reverend Lorenzo Rosales Fajardo, Andy Dunier García and Yunior García Aguilera
2021/12/13
Dossiers: 2021/3019(RSP)
Documents: PDF(153 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on continuous crackdown on civil society and human rights defenders in Russia: the case of Human Rights organisation Memorial
2021/12/13
Dossiers: 2021/3018(RSP)
Documents: PDF(159 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on forced labour in the Linglong factory and environmental protests in Serbia
2021/12/13
Dossiers: 2021/3020(RSP)
Documents: PDF(147 KB) DOC(46 KB)
JOINT MOTION FOR A RESOLUTION on forced labour in the Linglong factory and environmental protests in Serbia
2021/12/15
Dossiers: 2021/3020(RSP)
Documents: PDF(154 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Cuba, namely the cases of José Daniel Ferrer, Lady in White Aymara Nieto, Maykel Castillo, Luis Robles, Félix Navarro, Luis Manuel Otero, Reverend Lorenzo Rosales Fajardo, Andy Dunier García and Yunior García Aguilera
2021/12/15
Dossiers: 2021/3019(RSP)
Documents: PDF(164 KB) DOC(53 KB)
MOTION FOR A RESOLUTION on the political crisis in Sudan
2022/01/17
Dossiers: 2022/2504(RSP)
Documents: PDF(150 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the situation in Kazakhstan
2022/01/17
Dossiers: 2022/2505(RSP)
Documents: PDF(179 KB) DOC(54 KB)
JOINT MOTION FOR A RESOLUTION on the political crisis in Sudan
2022/01/19
Dossiers: 2022/2504(RSP)
Documents: PDF(219 KB) DOC(59 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Kazakhstan
2022/01/19
Dossiers: 2022/2505(RSP)
Documents: PDF(167 KB) DOC(58 KB)
MOTION FOR A RESOLUTION the political crisis in Burkina Faso
2022/02/14
Dossiers: 2022/2542(RSP)
Documents: PDF(157 KB) DOC(46 KB)
MOTION FOR A RESOLUTION the recent human rights developments in the Philippines
2022/02/14
Dossiers: 2022/2540(RSP)
Documents: PDF(157 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the death penalty in Iran
2022/02/14
Dossiers: 2022/2541(RSP)
Documents: PDF(170 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the death penalty in Iran
2022/02/16
Dossiers: 2022/2541(RSP)
Documents: PDF(156 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the political crisis in Burkina Faso
2022/02/16
Dossiers: 2022/2542(RSP)
Documents: PDF(159 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on the recent human rights developments in the Philippines
2022/02/16
Dossiers: 2022/2540(RSP)
Documents: PDF(161 KB) DOC(54 KB)
MOTION FOR A RESOLUTION on the situation of journalists and human rights defenders in Mexico
2022/03/07
Dossiers: 2022/2580(RSP)
Documents: PDF(156 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on destruction of cultural heritage in Nagorno-Karabakh
2022/03/07
Dossiers: 2022/2582(RSP)
Documents: PDF(165 KB) DOC(50 KB)
MOTION FOR A RESOLUTION on Myanmar, one year after the coup
2022/03/07
Dossiers: 2022/2581(RSP)
Documents: PDF(150 KB) DOC(46 KB)
on the situation of journalists and human rights defenders in Mexico
2022/03/09
Dossiers: 2022/2580(RSP)
Documents: PDF(158 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the destruction of cultural heritage in Nagorno-Karabakh
2022/03/09
Dossiers: 2022/2582(RSP)
Documents: PDF(158 KB) DOC(53 KB)
MOTION FOR A RESOLUTION On Human rights situation in North Korea, including the persecution of religious minorities
2022/04/04
Dossiers: 2022/2620(RSP)
Documents: PDF(171 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the situation of the rule of law and human rights in the Republic of Guatemala
2022/04/04
Dossiers: 2022/2621(RSP)
Documents: PDF(157 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on the increasing repression in Russia, including the case of Alexey Navalny
2022/04/04
Dossiers: 2022/2622(RSP)
Documents: PDF(160 KB) DOC(48 KB)
JOINT MOTION FOR A RESOLUTION on the human rights situation in North Korea, including the persecution of religious minorities
2022/04/06
Dossiers: 2022/2620(RSP)
Documents: PDF(165 KB) DOC(56 KB)
the situation of the rule of law and human rights in the Republic of Guatemala
2022/04/06
Dossiers: 2022/2621(RSP)
Documents: PDF(155 KB) DOC(52 KB)
on the Increasing repression in Russia, including the case of Alexey Navalny
2022/04/06
Dossiers: 2022/2622(RSP)
Documents: PDF(164 KB) DOC(57 KB)
MOTION FOR A RESOLUTION the fight against impunity of war crimes in Ukraine
2022/05/13
Dossiers: 2022/2655(RSP)
Documents: PDF(163 KB) DOC(55 KB)
JOINT MOTION FOR A RESOLUTION on the fight against impunity for war crimes in Ukraine
2022/05/17
Dossiers: 2022/2655(RSP)
Documents: PDF(183 KB) DOC(56 KB)
MOTION FOR A RESOLUTION on the arrest of Cardinal Zen and the trustees of the 612 relief fund in Hong Kong
2022/07/04
Dossiers: 2022/2751(RSP)
Documents: PDF(148 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the situation of indigenous and environmental defenders in Brazil, including the killing of Dom Philips and Bruno Pereira
2022/07/04
Dossiers: 2022/2752(RSP)
Documents: PDF(176 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the situation in Tajikistan’s Gorno-Badakhshan Autonomous Province
2022/07/04
Dossiers: 2022/2753(RSP)
Documents: PDF(147 KB) DOC(46 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Tajikistan’s Gorno-Badakhshan Autonomous Province
2022/07/06
Dossiers: 2022/2753(RSP)
Documents: PDF(156 KB) DOC(53 KB)
MOTION FOR A RESOLUTION on violations of human rights in Uganda and Tanzania linked to the investments in fossil fuels projects
2022/09/12
Dossiers: 2022/2826(RSP)
Documents: PDF(155 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on human rights violations in the context of forced deportation of Ukrainian civilians to and forced adoption of Ukrainian children in Russia
2022/09/12
Documents: PDF(182 KB) DOC(47 KB)
MOTION FOR A RESOLUTION Nicaragua, in particular the arrest of the Bishop Rolando Álvarez
2022/09/12
Dossiers: 2022/2827(RSP)
Documents: PDF(153 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the situation in the Strait of Taiwan
2022/09/12
Dossiers: 2022/2822(RSP)
Documents: PDF(149 KB) DOC(50 KB)
MOTION FOR A RESOLUTION on the situation of human rights in Haiti in particular related to gang violence
2022/10/03
Dossiers: 2022/2856(RSP)
Documents: PDF(160 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the Media freedom crackdown in Myanmar, notably the cases of Htet Htet Khine, Sithu Aung Myint and Nyein Nyein Aye
2022/10/03
Dossiers: 2022/2857(RSP)
Documents: PDF(165 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on growing hate crimes against LGBTIQ+ people across Europe in light of the recent homophobic murder in Slovakia
2022/10/18
Dossiers: 2022/2894(RSP)
Documents: PDF(174 KB) DOC(58 KB)
MOTION FOR A RESOLUTION forced displacement of people as a result of escalating conflict in Eastern Democratic Republic of Congo (DRC)
2022/11/21
Dossiers: 2022/2957(RSP)
Documents: PDF(155 KB) DOC(46 KB)
JOINT MOTION FOR A RESOLUTION on the forced displacement of people as a result of the escalating conflict in eastern Democratic Republic of the Congo (DRC)
2022/11/23
Documents: PDF(167 KB) DOC(50 KB)
MOTION FOR A RESOLUTION on the situation of the former President of Georgia Mikheil Saakashvili
2023/02/08
Dossiers: 2023/2543(RSP)
Documents: PDF(139 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the situation of the former President of Georgia Mikheil Saakashvili
2023/02/13
Documents: PDF(160 KB) DOC(49 KB)
MOTION FOR A RESOLUTION the recent deterioration of the inhuman imprisonment conditions of Alexei Navalny and other political prisoners in Russia
2023/02/13
Dossiers: 2023/2553(RSP)
Documents: PDF(147 KB) DOC(44 KB)
MOTION FOR A RESOLUTION the situation of human rights defenders in Eswatini, notably the murder of Thulani Maseko
2023/02/13
Dossiers: 2023/2551(RSP)
Documents: PDF(140 KB) DOC(43 KB)
MOTION FOR A RESOLUTION on violence against opposition activists in Equatorial Guinea, notably the case of Julio Obama Mefuman
2023/02/13
Dossiers: 2023/2552(RSP)
Documents: PDF(144 KB) DOC(44 KB)
MOTION FOR A RESOLUTION on Tunisia: Recent attacks against freedom of expression and association and trade unions, in particular the case of journalist Noureddine Boutar
2023/03/13
Dossiers: 2023/2588(RSP)
Documents: PDF(142 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on Cambodia: the case of opposition leader Kem Sokha
2023/03/13
Dossiers: 2023/2589(RSP)
Documents: PDF(141 KB) DOC(44 KB)
MOTION FOR A RESOLUTION on the risk of death penalty and execution of singer Yahaya Sharif Aminu for blasphemy in Nigeria
2023/04/17
Dossiers: 2023/2650(RSP)
Documents: PDF(149 KB) DOC(44 KB)
MOTION FOR A RESOLUTION The crackdown on the right to education and education rights activists in Afghanistan, including the case of Matiullah Wesa
2023/04/17
Dossiers: 2023/2648(RSP)
Documents: PDF(140 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on repression in Russia, in particular the cases of Vladimir Kara-Murza and Alexei Navalny
2023/04/18
Dossiers: 2023/2657(RSP)
Documents: PDF(155 KB) DOC(44 KB)
MOTION FOR A RESOLUTION on Belarus: the inhumane treatment and hospitalization of prominent opposition leader Viktar Babaryka
2023/05/08
Dossiers: 2023/2693(RSP)
Documents: PDF(148 KB) DOC(45 KB)
MOTION FOR A RESOLUTION Myanmar notably the dissolution of democratic political parties
2023/05/08
Dossiers: 2023/2694(RSP)
Documents: PDF(146 KB) DOC(43 KB)
MOTION FOR A RESOLUTION Media freedom and freedom of expression in Algeria, the case of Ihsane El-Kadi
2023/05/08
Dossiers: 2023/2661(RSP)
Documents: PDF(137 KB) DOC(43 KB)
MOTION FOR A RESOLUTION the humanitarian situation in Sudan in particular the death of children trapped by fighting
2023/06/12
Dossiers: 2023/2736(RSP)
Documents: PDF(139 KB) DOC(43 KB)
MOTION FOR A RESOLUTION on deterioration of fundamental freedoms in Hong Kong, notably the case of Jimmy Lai
2023/06/12
Dossiers: 2023/2737(RSP)
Documents: PDF(142 KB) DOC(69 KB)
MOTION FOR A RESOLUTION torture and criminal prosecution of Ukrainian minors Tihran Ohannisian and Mykyta Khanhanov by the Russian Federation
2023/06/12
Dossiers: 2023/2735(RSP)
Documents: PDF(162 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on the situation in Nicaragua
2023/06/12
Dossiers: 2023/2743(RSP)
Documents: PDF(150 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on the state of the EU-Cuba PDCA in the light of the recent visit of the High Representative to the island
2023/07/10
Documents: PDF(163 KB) DOC(55 KB)
MOTION FOR A RESOLUTION The political disqualifications in Venezuela
2023/07/10
Dossiers: 2023/2780(RSP)
Documents: PDF(140 KB) DOC(43 KB)
MOTION FOR A RESOLUTION India, the situation in Manipur
2023/07/10
Dossiers: 2023/2781(RSP)
Documents: PDF(139 KB) DOC(43 KB)
MOTION FOR A RESOLUTION crackdown on the media and freedom of expression in Kyrgyzstan
2023/07/10
Dossiers: 2023/2782(RSP)
Documents: PDF(153 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Lebanon
2023/07/11
Documents: PDF(165 KB) DOC(53 KB)
MOTION FOR A RESOLUTION on the human rights situation in Bangladesh, notably the case of Odhikar
2023/09/11
Dossiers: 2023/2833(RSP)
Documents: PDF(141 KB) DOC(44 KB)
MOTION FOR A RESOLUTION Guatemala: the situation after the elections, the rule of law and judicial independence
2023/09/11
Dossiers: 2023/2831(RSP)
Documents: PDF(142 KB) DOC(44 KB)
MOTION FOR A RESOLUTION The case of Dr Gubad Ibadoghlu, imprisoned in Azerbaijan
2023/09/11
Dossiers: 2023/2832(RSP)
Documents: PDF(147 KB) DOC(68 KB)
MOTION FOR A RESOLUTION the case of Zarema Musaeva in Chechnya
2023/10/02
Dossiers: 2023/2882(RSP)
Documents: PDF(146 KB) DOC(43 KB)
MOTION FOR A RESOLUTION Egypt, in particular the sentencing of Hisham Kassem
2023/10/02
Dossiers: 2023/2883(RSP)
Documents: PDF(140 KB) DOC(44 KB)
MOTION FOR A RESOLUTION on the recent developments in the Serbia-Kosovo dialogue, including the situation in the northern municipalities in Kosovo
2023/10/16
Dossiers: 2023/2880(RSP)
Documents: PDF(148 KB) DOC(48 KB)
JOINT MOTION FOR A RESOLUTION on the despicable terrorist attacks by Hamas against Israel, Israel’s right to defend itself in line with humanitarian and international law and the humanitarian situation in Gaza
2023/10/18
Documents: PDF(154 KB) DOC(50 KB)
MOTION FOR A RESOLUTION the latest attacks against women, women's rights defenders in Iran, and its arbitrary detention of EU nationals
2023/11/20
Dossiers: 2023/2979(RSP)
Documents: PDF(140 KB) DOC(43 KB)
MOTION FOR A RESOLUTION on the unlawful detention of President Mohamed Bazoum in Niger
2023/11/20
Dossiers: 2023/2980(RSP)
Documents: PDF(141 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the unlawful detention of President Mohamed Bazoum in Niger
2023/11/22
Documents: PDF(145 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the unknown status of Mikalai Statkevich and the recent attacks on Belarussian politicians’ and activists’ family members
2023/12/11
Dossiers: 2023/3023(RSP)
Documents: PDF(142 KB) DOC(44 KB)
MOTION FOR A RESOLUTION on the Maasai Communities in Tanzania
2023/12/11
Dossiers: 2023/3024(RSP)
Documents: PDF(142 KB) DOC(44 KB)
MOTION FOR A RESOLUTION the abduction of Tibetan children and forced assimilation practices through Chinese boarding schools in Tibet
2023/12/11
Dossiers: 2023/3025(RSP)
Documents: PDF(160 KB) DOC(44 KB)
MOTION FOR A RESOLUTION Tajikistan: state repression against the independent media
2024/01/15
Dossiers: 2024/2506(RSP)
Documents: PDF(149 KB) DOC(43 KB)
MOTION FOR A RESOLUTION on the threat of famine following the spread of conflict in Sudan
2024/01/15
Dossiers: 2024/2505(RSP)
Documents: PDF(141 KB) DOC(43 KB)
MOTION FOR A RESOLUTION the ongoing persecution of Falun Gong in China, notably the case of Mr Ding Yuande
2024/01/15
Dossiers: 2024/2504(RSP)
Documents: PDF(145 KB) DOC(44 KB)
MOTION FOR A RESOLUTION on the situation in Serbia following the elections
2024/02/05
Dossiers: 2024/2521(RSP)
Documents: PDF(150 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on Russiagate: allegations of Russian interference in the democratic processes of the European Union
2024/02/05
Dossiers: 2024/2548(RSP)
Documents: PDF(151 KB) DOC(48 KB)
MOTION FOR A RESOLUTION new wave of mass arrests in Belarus of opposition activists and their family members
2024/02/05
Dossiers: 2024/2550(RSP)
Documents: PDF(151 KB) DOC(44 KB)
MOTION FOR A RESOLUTION the increased number of executions in Iran, in particular the case of Mohammad Ghobadlou
2024/02/05
Dossiers: 2024/2551(RSP)
Documents: PDF(138 KB) DOC(43 KB)
MOTION FOR A RESOLUTION recent attacks on Christmas Eve in Plateau State in Nigeria
2024/02/05
Dossiers: 2024/2552(RSP)
Documents: PDF(140 KB) DOC(44 KB)
MOTION FOR A RESOLUTION on further repression against the democratic forces in Venezuela: attack on presidential candidate Maria Corina Machado
2024/02/05
Dossiers: 2024/2549(RSP)
Documents: PDF(145 KB) DOC(49 KB)
JOINT MOTION FOR A RESOLUTION on Russiagate: allegations of Russian interference in the democratic processes of the European Union
2024/02/07
Documents: PDF(173 KB) DOC(57 KB)
JOINT MOTION FOR A RESOLUTION on further repression against the democratic forces in Venezuela: attacks on presidential candidate María Corina Machado
2024/02/07
Documents: PDF(156 KB) DOC(51 KB)
MOTION FOR A RESOLUTION on the need for unwavering support for Ukraine, after two years of Russia’s war of aggression against Ukraine
2024/02/26
Dossiers: 2024/2526(RSP)
Documents: PDF(157 KB) DOC(53 KB)
MOTION FOR A RESOLUTION on the murder of Alexei Navalny and the need for EU action in support of political prisoners and oppressed civil society in Russia
2024/02/26
Dossiers: 2024/2579(RSP)
Documents: PDF(150 KB) DOC(48 KB)
JOINT MOTION FOR A RESOLUTION on the murder of Alexei Navalny and the need for EU action in support of political prisoners and oppressed civil society in Russia
2024/02/28
Documents: PDF(160 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on the need for unwavering EU support for Ukraine, after two years of Russia’s war of aggression against Ukraine
2024/02/28
Documents: PDF(190 KB) DOC(63 KB)
MOTION FOR A RESOLUTION the new security law in Hong Kong and the cases of Andy Li and Joseph John
2024/04/22
Dossiers: 2024/2700(RSP)
Documents: PDF(139 KB) DOC(43 KB)
MOTION FOR A RESOLUTION on the proposed repeal of the law banning female genital mutilation in The Gambia
2024/04/22
Dossiers: 2024/2699(RSP)
Documents: PDF(138 KB) DOC(45 KB)
MOTION FOR A RESOLUTION Azerbaijan, notably the repression of civil society and the cases of Dr Gubad Ibadoghlu and Ilhamiz Guliyev
2024/04/22
Dossiers: 2024/2698(RSP)
Documents: PDF(149 KB) DOC(44 KB)

Oral questions (2)

Breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the adopted legal changes in the Hungarian Parliament
2021/06/22
Documents: PDF(55 KB) DOC(11 KB)
Call for a European strategy to counter hostage diplomacy
2023/02/27
Documents: PDF(54 KB) DOC(11 KB)

Written explanations (62)

General budget of the European Union for 2020 - all sections (A9-0017/2019 - Monika Hohlmeier, Eider Gardiazabal Rubial)

De Europese begroting voor 2020 legt meer nadruk op prioriteiten die voor de VVD belangrijk zijn, zoals digitalisering, ondersteuning van het midden- en kleinbedrijf, investeringen in een betaalbaar en behapbaar klimaatbeleid en het migratie- en veiligheidsbeleid. De VVD betreurt het echter dat alle budgetten worden verhoogd zonder dat er wordt gekeken waar er kan worden bespaard. Daarnaast worden marges en flexibiliteit zodanig benut dat er beperkte ruimte overblijft voor onvoorziene omstandigheden. Hierbij kan gedacht worden aan budget dat beschikbaar moet zijn in geval van een natuurramp, veiligheidsdreiging, humanitaire crisis of migratiecrisis. Daarom heeft de VVD deze resolutie niet kunnen steunen.
2019/10/23
2020 budgetary procedure: joint text (A9-0035/2019 - Monika Hohlmeier, Eider Gardiazabal Rubial)

De Europese begroting voor 2020 legt meer nadruk op prioriteiten die voor de VVD belangrijk zijn, zoals digitalisering, ondersteuning van het MKB, investeringen in een betaalbaar en behapbaar klimaatbeleid en het migratie- en veiligheidsbeleid. De VVD betreurt het echter dat alle budgetten worden opgehoogd zonder dat er wordt gekeken waar er kan worden bespaard. Daarnaast worden marges en flexibiliteit zodanig benut dat er beperkte ruimte overblijft voor onvoorziene omstandigheden. Hierbij kan gedacht worden aan budget dat beschikbaar moet zijn in geval van een natuurramp, veiligheidsdreiging, een humanitaire of migratiecrisis. Daarom heeft de VVD deze begroting niet kunnen steunen.
2019/11/27
2019 UN Climate Change Conference (COP25) (B9-0174/2019)

De VVD heeft voor de resolutie over de COP25 gestemd. Bij de stemming over amendement 32 heeft de delegatie zich echter onthouden, en dit omdat zowel de originele tekst van paragraaf 64 als amendement 32 tegenstrijdigheden bevatten waar de VVD niet akkoord mee kan gaan.In amendement 32 werd de doelstelling van de maritieme sector om tegen 2023 maatregelen op korte en middellange termijn te nemen, geschrapt. Het is noodzakelijk dat de maritieme sector zelf met maatregelen komt, en dit ten laatste in het jaar 2023. Toch kan de VVD niet akkoord gaan met de visie in paragraaf 64 dat de maritieme sector sowieso wordt opgenomen in het emissiehandelssysteem.Wij geloven in een internationale aanpak die zou moeten vertrekken vanuit de Internationale Maritieme Organisatie. Mocht dit niet lukken tegen 2023, dan zien we wel een mogelijkheid om tot Europese maatregelen over te gaan. Een handelsemissiesysteem is een van de mogelijkheden die dan bekeken kunnen worden, mits er eerst een grondige effectbeoordeling wordt verricht.
2019/11/28
Gender pay gap (B9-0069/2020, B9-0073/2020, B9-0083/2020, B9-0084/2020)

De VVD heeft zich vandaag onthouden van stemming bij de resolutie over de loonkloof tussen mannen en vrouwen. Hoewel de VVD het volledig eens is met het principe “gelijk loon voor gelijk werk” en tegen elke vorm van discriminatie is, zijn bindende en wetgevende maatregelen volgens ons niet het geëigende middel om de loonkloof te dichten. Lidstaten moeten er allereerst zelf voor zorgen dat vrouwen niet worden achtergesteld op de arbeidsmarkt. Hiervoor hoeft niet direct naar de Europese Commissie te worden gekeken.Verder acht de VVD het niet de taak van de Europese Commissie om richtlijnen op te stellen over een genderneutrale evaluatie van banen alsmede het opzetten van een classificatiesysteem om de “waarde” van werk te bepalen.
2020/01/30
EU coordinated action to combat the COVID-19 pandemic and its consequences

De VVD is groot voorstander van een gecoördineerde aanpak van deze crisis en steunt de overkoepelende boodschap van deze resolutie: samen uit deze crisis komen. Bijvoorbeeld als het gaat om het openhouden van grenzen voor medische goederen, voedsel en grenswerkers in vitale beroepen, de gezamenlijke aanpak van desinformatie en cybercrime als gevolg van de corona-uitbraak, of kennisuitwisseling tussen Europese onderzoekers in de zoektocht naar een vaccin tegen dit vreselijke virus.Er zit echter ook een aantal inhoudelijke voorstellen in de tekst die de VVD niet kan steunen en waar we op precieze onderdelen derhalve tegengestemd hebben. Hier gaat het bijvoorbeeld om een oproep tot een verhoging van de Europese begroting, een permanent Europees werkeloosheidsinstrument, het vroegtijdig vrijlaten van gevangenen met korte straffen en een nieuw financieringsvoorstel, de zogenaamde herstelobligaties.De VVD vindt het van groot belang dat we samen uit deze crisis komen, maar acht het niet verstandig om op te roepen tot nieuwe financiële instrumenten wanneer de noodzakelijke onderbouwing over de uitwerking daarvan en voorwaarden ontbreken. Solidariteit moet samengaan met verstandige beleidskeuzes. Omdat deze genoemde voorstellen wat de VVD betreft zwaar wegen, kon de VVD-delegatie de resolutie als geheel niet steunen en heeft ze zich daarom onthouden van stemming.
2020/04/17
Competition policy - annual report 2019 (A9-0022/2020 - Stéphanie Yon-Courtin)

Betreft AM 027-027:Voor oneerlijke concurrentie en vijandige overnames in Europa, vanuit vooral China, zijn stevige maatregelen nodig. Een eenzijdig verbod op alle overnames door bedrijven uit alle niet-EU-landen die banden hebben met een staat, waar dit amendement toe oproept, is daarvoor niet de oplossing en is bovendien onrealistisch. We hebben een juridisch houdbaar instrumentarium nodig dat complementair is aan onze open economie én ons bedrijfsleven beschermt tegen oneerlijke praktijken. Daar moeten we de aandacht op richten. Daarom heeft de VVD-fractie tegen dit amendement van de tekst gestemd.
2020/06/18
The reopening of the investigation against the Prime Minister of the Czech Republic on the misuse of EU funds and potential conflicts of interest (B9-0192/2020)

De VVD-fractie hecht zeer veel waarde aan het voorkomen en tegengaan van belangenverstrengeling en misbruik van EU-gelden, en steunt daarom ook de oproep in de resolutie om wanpraktijken aan te pakken. Wij hechten ook aan het principe dat iemand onschuldig is tot het tegendeel is bewezen. In deze resolutie worden al conclusies getrokken over een nog lopend onderzoek. Zolang het onafhankelijke onderzoek nog loopt, is het voorbarig om als Europees Parlement een oordeel te vellen. Daarom heeft de VVD-fractie zich op de eindstemming onthouden van stemming. Mochten er uit het onderzoek wanpraktijken naar voren komen, zal de VVD-fractie deze ten strengste veroordelen.
2020/06/19
Conclusions of the extraordinary European Council meeting of 17-21 July 2020 (B9-0229/2020)

. – De VVD-delegatie in het Europees Parlement verwelkomt in deze resolutie, samen met een ruime meerderheid in het Europees Parlement, de uitkomst van de bijeenkomst van de Europese Raad (17-21 juli) en de overeenstemming die daar is bereikt over het Europees budget (2021-2027) en het herstelfonds. In het akkoord van de Raad is een juiste balans bereikt tussen solidair en verstandig beleid, waarbij landen die zwaar getroffen zijn door de uitbraak van COVID-19 de benodigde steun krijgen, op voorwaarde dat deze landen door middel van hervormingen toekomstige economische weerbaarheid bewerkstelligen.De VVD-delegatie heeft echter tegen tekstonderdelen van de resolutie gestemd die oproepen tot een verdere uitbreiding van het pakket aan eigen middelen ten opzichte van de conclusies van de Europese Raad en kan ook de oproep tot afschaffing van kortingen voor lidstaten die netto meer afdragen aan de EU niet ondersteunen. De VVD ondersteunt wel de oproep in deze resolutie om de Europese begroting te moderniseren en geld te herschikken naar nieuwe prioriteiten als migratie, veiligheid, innovatie klimaat en de digitale transitie. Het is van belang dat Europa nu snel aan de slag kan om sterker uit deze crisis te komen.
2020/07/23
Draft Council decision on the system of own resources of the European Union (A9-0146/2020 - José Manuel Fernandes, Valerie Hayer)

De VVD-delegatie in het Europees Parlement heeft vandaag tegen het verslag over eigen middelen in de Europese Unie gestemd. De VVD kan de oproep van het Europees Parlement niet steunen als het gaat om de invoering van nieuwe Europese belastingen.De Europese Raad is tijdens de vergadering van 17-21 juli jl. tot een akkoord gekomen, onder andere over hoe de Europese begroting gefinancierd moet worden. De VVD-fractie steunt dit akkoord, maar acht de oproep tot een (juridisch bindende) invoering van bijvoorbeeld een Financiële Transactietaks (FTT) en een Europese vennootschapsbelasting niet opportuun.
2020/09/16
Implementation of the common commercial policy – annual report 2018 (A9-0160/2020 - Jörgen Warborn)

De VVD-delegatie steunt een groot deel van het jaarverslag 2018 over de tenuitvoerlegging van het gemeenschappelijk handelsbeleid. Het verslag kijkt onder andere naar de impact van COVID-19 op handel, roept op om de Wereldhandelsorganisatie te hervormen en verwelkomt de nieuwe handelsverdragen met landen zoals Japan en Singapore. Het verslag erkent het belang van handel op basis van regels en een multilateraal handelssysteem. Die ambitie steunt de VVD ten zeerste.Een aantal onderdelen van dit verslag kan de VVD echter niet steunen, zoals een oproep in het kader van eigen middelen voor onder andere een “Common Consolidated Corporate Tax Base”. Verder roept dit verslag op om de ratificatie van het EU-Mercosur-akkoord voortijdig uit te sluiten. Deze oproep kan de VVD niet steunen. Handelsakkoorden zorgen voor welvaart en hogere standaarden, bijvoorbeeld op het gebied van milieu en arbeidsnormen. Dit was voor de VVD-delegatie reden om zich te onthouden op de eindstemming. Europa en Nederland hebben baat bij een ambitieus Europees handelsbeleid, juist in tijden van deze coronacrisis en de economische gevolgen hiervan.
2020/10/07
Further development of the Capital Markets Union (CMU): improving access to capital market finance, in particular by SMEs, and further enabling retail investor participation (A9-0155/2020 - Isabel Benjumea Benjumea)

Vandaag heeft in het Europees Parlement een stemming plaatsgevonden over de ontwikkeling van de Europese kapitaalmarktenunie. De VVD is groot voorstander van dit dossier, daar het als doelstelling heeft om de Europese economie minder afhankelijk te maken van enkel bancaire financiering. In algemene zin steunt de VVD de voorstellen in dit verslag die gericht zijn op een versterking en verdieping van de kapitaalmarkten in de EU, aangezien deze bijdragen aan economische groei en financiële stabiliteit.Met enkele onderdelen van het verslag, zoals bijvoorbeeld de invoering van een Europese vennootschapsbelasting en het creëren van een veilig Europees vermogensbestanddeel, kan de VVD echter niet instemmen. De VVD-delegatie heeft zich vandaag daarom onthouden van stemming.
2020/10/08
Reinforcing the Youth Guarantee (B9-0310/2020)

Vandaag is er in het Europees Parlement gestemd over de toekomst van de Europese jongerengarantie, een initiatief om werkloze jongeren zo snel mogelijk aan een baan of opleiding te helpen. In deze tijden is dit zeker ook een belangrijk onderwerp. De VVD ondersteunt een voortvarende aanpak van jeugdwerkloosheid van harte.Uiteindelijk heeft de VVD-delegatie zich toch onthouden bij de eindstemming. De resolutie vraagt om van de jongerengarantie een bindend instrument voor alle lidstaten te maken, opgelegd en gecontroleerd door de EU. Dit gaat de VVD-delegatie te ver. Daarnaast vraagt de resolutie om nog eens extra middelen voor het ESF+, en zouden alle lidstaten nog eens 3 % vanuit het ESF+ moeten besteden aan de aanpak van jeugdwerkloosheid. Dit zou ook gelden voor lidstaten waar de jeugdwerkloosheid relatief laag is.
2020/10/08
Deforestation (A9-0179/2020 - Delara Burkhardt)

Bossen en regenwouden spelen een belangrijke rol in het tegengaan van klimaatverandering. De VVD onderschrijft dan ook de doelstelling van het verslag om Europese bossen beter te beschermen door ontbossing te reguleren en heeft daarom voor het verslag gestemd. De hoofdstukken over due diligence heeft de VVD echter niet gesteund, omdat deze een voorschot nemen op het duediligencevoorstel van de Commissie dat volgend jaar wordt verwacht en een horizontale duediligenceverplichting zal introduceren. De VVD geeft de voorkeur aan een consequente duediligenceaanpak om fragmentatie in de EU-wetgeving te voorkomen.
2020/10/22
Gender Equality in EU’s foreign and security policy (A9-0145/2020 - Ernest Urtasun)

Vandaag heeft het Europees Parlement gestemd over gendergelijkheid in het buitenlands en veiligheidsbeleid van de EU. De VVD-delegatie onderschrijft het belang van gelijke rechten en gelijke kansen voor mannen en vrouwen en staat positief tegenover verhoging van de participatie van vrouwen in het buitenlands en veiligheidsbeleid van de EU. Een aantal onderdelen van dit verslag kan de VVD echter niet steunen, zoals quota voor de deelname van vrouwen aan controle-, evaluatie- en toezichtmechanismen, de eis dat 85 % van de officiële ontwikkelingshulp (ODA) moet worden besteed aan programma’s waarin gendergelijkheid de hoofddoelstelling is en het streefdoel van 50 % vrouwen in leidinggevende functies. Ook acht de VVD het niet werkbaar en/of veilig dat op alle EU-ambassades een gendermedewerker ongelimiteerde toegang dient te krijgen tot informatiestromen inclusief geclassificeerde informatie. De VVD-delegatie heeft daarom vandaag tegen dit verslag gestemd.
2020/10/23
Common agricultural policy – amendment of the CMO and other Regulations (A8-0198/2019 - Eric Andrieu)

Vandaag heeft het Europees Parlement gestemd over de regels voor producten en samenwerking in de landbouwsector. Het is goed dat er meer mogelijkheden komen om duurzaamheidsinitiatieven in de keten te realiseren. De VVD heeft zich echter onthouden van stemming over dit verslag omdat een aantal voorstellen verregaand ingrijpt in de vrijemarktwerking.
2020/10/23
The impact of Covid-19 measures on democracy, fundamental rights and rule of law (B9-0343/2020)

. ‒ De leden van de VVD-delegatie steunen de geest van de resolutie, namelijk: de pandemie waarin we ons momenteel bevinden mag nooit of te nimmer een excuus zijn om verworven democratische rechten en vrijheden op disproportionele wijze in te perken. De delegatie heeft zich tijdens de eindstemming niettemin van stemming onthouden omdat zij aangenomen amendement 19, waarin wordt opgeroepen tot onmiddellijke evacuatie en herverdeling van asielzoekers op de Griekse eilanden, niet kan steunen.De VVD zet zich in voor een duurzame oplossing voor de erbarmelijke omstandigheden op de Griekse eilanden, onder andere door middel van financiële en operationele ondersteuning. Volledige evacuatie en herverdeling als ad-hocmaatregel draagt wat de VVD-delegatie betreft niet bij aan het op de lange termijn verbeteren van de situatie.
2020/11/13
Towards a more sustainable single market for business and consumers (A9-0209/2020 - David Cormand)

Vandaag heeft het Europees Parlement gestemd over het verslag “Naar een duurzamer eengemaakte markt voor het bedrijfsleven en consumenten”. De VVD vindt het belangrijk dat we werk maken van een duurzamere interne markt en een circulaire economie. Het verslag geeft goede aanbevelingen op het gebied van duurzame criteria bij openbare aanbestedingen, het versterken van de rol van het EU-milieukeurmerk en het beter afstemmen van de duur van wettelijke garanties op de levensduur van productcategorieën. De VVD-delegatie kan een aantal voorstellen, zoals de verplichte etikettering en voortijdige afschrijving van producten, echter niet steunen. Daarom heeft de delegatie zich onthouden van stemming bij de eindstemming.
2020/11/25
A New Industrial Strategy for Europe (A9-0197/2020 - Carlo Calenda)

Nederland is een klein en open handelsland. De open economie van Europa brengt ons grote welvaart en is daarom van groot belang. Hoewel het belangrijk is om niet naïef te zijn over de agressieve economische politiek van landen zoals China, moet Europa fundamenteel een open en vrije markt blijven, die gebaseerd is op wederkerigheid. Dit rapport introduceert een interpretatie van de term “strategische autonomie”, die neigt naar protectionisme. Bovendien wordt opgeroepen tot directe Europese belastingen en andere onwenselijke Europese wet- en regelgeving. Daarom hebben we tegen deze resolutie gestemd.
2020/11/25
Stocktaking of European elections (A9-0211/2020 - Pascal Durand)

De leden van de VVD-delegatie delen het standpunt dat de Europese Unie aan democratische legitimiteit kan winnen, maar denken anders over de aanpak. Voorstellen als die over transnationale lijsten en spitzenkandidaten kunnen de afstand van de EU tot de burger vergroten, terwijl de VVD vindt dat we die afstand juist moeten gaan verkleinen. Het organiseren van verkiezingen, inclusief beslissingen over bijvoorbeeld kiesgerechtigden, is daarnaast een nationale competentie en dient dit te blijven. Daarom heeft de VVD-delegatie dit rapport niet kunnen steunen.
2020/11/25
Situation of Fundamental Rights in the European Union - Annual Report for the years 2018-2019 (A9-0226/2020 - Clare Daly)

Het Europees Parlement heeft gestemd over een jaarlverslag over grondrechten in de EU. Het verslag-Daly heeft betrekking op 2018-2019 en geeft, wat de VVD betreft, terecht een brede dwarsdoorsnede van de naleving van grondrechten in de EU. Dit is noodzakelijk om lessen te trekken voor de toekomst. Een aantal aangenomen tekstvoorstellen – met name op gebied van migratie – kunnen we echter niet steunen. Daarom heeft de VVD-delegatie zich onthouden van stemming op het eindverslag.
2020/11/26
Sustainable corporate governance (A9-0240/2020 - Pascal Durand)

De VVD-delegatie ziet de herziening van de richtlijn niet-financiële verslaggeving (RNFV) als een kans om transparantie over de impact van bedrijven op onze leefomgeving te vergroten en tegelijkertijd hun administratieve lasten te verlagen. Het initiatiefverslag gaat echter verder dan dat, bijvoorbeeld door belanghebbenden vergaande inspraakrechten in de bedrijfsvoering te geven en de verwijzing naar vrouwenquota in het voorstel. De voorgestelde maatregelen riskeren de administratieve druk voor bedrijven juist te vergroten, maar solide bewijs voor de effectiviteit van die maatregelen ontbreekt. De VVD kan het verslag daarom niet steunen.
2020/12/17
Monitoring the application of EU law 2017, 2018 and 2019 (A9-0270/2020 -Sabrina Pignedoli)

De VVD onderschrijft de conclusie van het verslag, namelijk dat de tenuitvoerlegging van Europees recht in de lidstaten kan worden verbeterd. Dit zal fragmentatie tegengaan en de rechtszekerheid en rechtsbescherming van burgers en bedrijven ten goede komen. Hoewel de VVD amendement 12 van de ID-Fractie inhoudelijk steunt, namelijk dat belastingzaken een nationale bevoegdheid zijn en moeten blijven, valt dit amendement buiten de reikwijdte van het verslag. De VVD heeft zich daarom op dit punt onthouden.
2021/01/20
Human Rights and Democracy in the World and the EU policy on the matter - annual report 2019 (A9-0259/2020 - Isabel Santos)

Vandaag heeft het Europees Parlement gestemd over het verslag Mensenrechten en democratie in de wereld, jaarverslag 2019. De VVD ondersteunt de overgrote meerderheid van de uitgangspunten in dit verslag. De VVD staat pal voor mensenrechten, democratische waarden en de vrijheden van media, geloof en geaardheid. Helaas zijn er echter ook een aantal onderdelen die de VVD niet kan steunen. Een uitbreiding van het Statuut van Rome met ‘ecocide’ vindt de VVD contraproductief omdat het de slagvaardigheid van het Internationaal Strafhof ondermijnt en omdat het benodigde draagvlak om dit te realiseren ontbreekt. Ook vindt de VVD de uitgangspunten over migratie in dit verslag onevenwichtig, omdat er bijvoorbeeld geen aandacht is voor terugkeer en opvang in de regio. Een ander aspect is dat de VVD de introductie van een nieuwe Europese aansprakelijkheidsplicht voor vennootschappen niet steunt, omdat dit primair een nationale competentie is en de gevolgen voor de concurrentiepositie voor Europese bedrijven onvoldoende duidelijk zijn. De VVD-delegatie heeft zich vandaag daarom onthouden bij de stemming over dit verslag.
2021/01/20
The right to disconnect (A9-0246/2020 - Alex Agius Saliba)

Door technologische ontwikkeling en verdergaande digitalisering zijn we steeds makkelijker bereikbaar, en daar komt nu het vele vanuit huis werken nog bij. Dit brengt stress en extra druk met zich mee en maakt de scheidslijn tussen werk en privé vager. De VVD vindt het daarom van belang dat er goede afspraken worden gemaakt tussen werkgever en werknemer over werktijden en bereikbaarheid. Dat betekent ook dat een werknemer de telefoon moet kunnen wegleggen, of uitschakelen, na werktijd. Maar dit kan voor ieder bedrijf of elke werksituatie anders zijn. Hiervoor bestaat in de ogen van de VVD geen Europese blauwdruk. In het verslag waarover vandaag is gestemd, wordt primair nieuwe, extra Europese wetgeving gevraagd. De VVD is van mening dat bestaande Europese wet- en regelgeving voldoende houvast biedt voor regels rondom een goede balans tussen werk en privéleven. Daarnaast moet er wat de VVD betreft op lidstaatniveau ruimte blijven voor afspraken tussen werkgevers en werknemers over hoe om te gaan met de balans tussen werk en privéleven. Daarom heeft de VVD vandaag tegen dit verslag gestemd. Niet vanwege het belang van het onderwerp, maar vanwege de oproep tot extra Europese wet- en regelgeving.
2021/01/21
Reforming the EU list of tax havens (B9-0052/2021)

Het Europees Parlement heeft vandaag gestemd over een resolutie over de herziening van de EU-lijst van belastingparadijzen. De VVD-delegatie steunt de oproep in de resolutie om belastingparadijzen aan te pakken, alsmede de wens tot meer transparantie in de totstandkoming van de EU-lijst van belastingparadijzen. De VVD kan belangrijke onderdelen van de resolutie niet steunen, zoals het opgeven van unanimiteit bij besluitvorming over belastingdossiers en het automatisch aanmerken van een lidstaat als belastingparadijs indien de landspecifieke aanbevelingen op belastinggebied onvoldoende worden opgevolgd. Daarnaast moet de discussie over een minimumniveau aan belastingen in OESO-verband worden gevoerd, zonder dat de Europese Unie op deze uitkomst vooruitloopt. De VVD-delegatie heeft zich vandaag daarom onthouden van stemming.
2021/01/21
A WTO-compatible EU carbon border adjustment mechanism (A9-0019/2021 - Yannick Jadot)

De VVD is voor een Europese CO2-grensheffing om oneerlijke concurrentie op mondiaal niveau te voorkomen. Een betrouwbare en transparante wijze om CO2 te berekenen is hierbij van belang. De opbrengsten van deze heffing kunnen echter niet gebruikt worden als Europese belastinginkomsten. Daarom heeft VVD zich onthouden van stemming bij de eindstemming over het initiatiefverslag van het Europees Parlement over een mechanisme voor koolstofcorrectie aan de grens.
2021/03/10
Corporate due diligence and corporate accountability (A9-0018/2021 - Lara Wolters)

De VVD vindt dat bedrijven een maatschappelijke verantwoordelijkheid hebben. Europese afspraken over ketenverantwoordelijkheid kunnen hierbij een goed middel zijn om eerlijke handel te stimuleren zonder de concurrentiepositie van bedrijven te schaden. Om de effectiviteit van een dergelijk instrument te kunnen garanderen, is het belangrijk dat de regels proportioneel en voldoende duidelijk zijn. In dit verslag is hier te weinig sprake van, onder andere waar het gaat om een zorgplicht voor niet alleen de toevoerketen, maar de gehele waardeketen, inclusief horizontale relaties. De VVD heeft zich daarom van stemming onthouden bij de stemming over dit verslag, maar ziet de aangekondigde wetsvoorstellen van de Europese Commissie met belangstelling tegemoet.
2021/03/10
Children's Rights (B9-0164/2021)

Het Europees Parlement heeft door middel van een resolutie haar mening gegeven over de “EU-strategie voor de rechten van het kind”. Deze strategie moet het kader vormen voor wat de EU doet om de rechten van het kind te bevorderen en beschermen. Als het gaat om rechten van kwetsbare kinderen en de bestrijding van geweld, vraagt het Europees Parlement in de ogen van de VVD terecht aandacht voor onder andere de aanpak van kindhuwelijken en de helaas nog steeds bestaande vreselijke praktijk – ook binnen de EU – van genitale verminking van jonge meisjes. Het Europees Parlement roept de lidstaten echter ook op om voor kinderen die zich op dit moment in bijvoorbeeld IS-kampen bevinden de terugkeer naar landen van herkomst te faciliteren. Daarom heeft de VVD-delegatie zich onthouden van stemming.
2021/03/11
New EU-Africa Strategy (A9-0017/2021 - Chrysoula Zacharopoulou)

Stemverklaring over de strategie tussen de EU en Afrika. De VVD onderschrijft het belang van een versterkte samenwerking tussen de Europese Unie en het Afrikaanse continent. In dit verslag wordt terecht de aandacht gevestigd op gezamenlijke uitdagingen op belangrijke gebieden, zoals handel, klimaatverandering en veiligheid. Het creëren van nieuwe eigen middelen om een verhoging van de begroting voor ontwikkelingssamenwerking te bekostigen, is echter iets waar de VVD niet achter kan staan. Ook wordt in het verslag een voorschot genomen op de inhoud van het wetsvoorstel voor Europese ketenverantwoordelijkheid, iets waar de VVD niet op vooruit wil lopen. Ten slotte deelt de VVD-delegatie het standpunt niet dat een EU-reddingsmissie op zee in de context van migratie civiel dient te zijn. De regie moet bij de autoriteiten liggen. De VVD-delegatie heeft zich om bovenstaande redenen onthouden van stemming bij dit verslag.
2021/03/25
Accelerating progress and tackling inequalities towards ending AIDS as a public health threat by 2030 (B9-0263/2021)

De VVD steunt de strijd tegen hiv/aids en pleit voor een gecoördineerde, mondiale EU-strategie om deze vreselijke ziekte wereldwijd terug te dringen. Daarom heeft de VVD met volle overtuiging voor deze resolutie van het Europees Parlement gestemd, waarin de strijd tegen hiv/aids centraal staat.De VVD heeft niettemin tegen een amendement gestemd waarin wordt opgeroepen tot de tijdelijke opheffing van de octrooirechten voor coronavaccins.Deze specifieke oproep valt buiten de reikwijdte van dit verslag. De VVD heeft hier dan ook tegen gestemd, omdat de partij van oordeel is dat eerst moet worden gekeken naar de verhoging van productiecapaciteit, de verzekering van de levering van de juiste grondstoffen en het verkrijgen van de nodige knowhow en technologieën om vaccins te produceren.
2021/05/19
EU Biodiversity Strategy for 2030: Bringing nature back into our lives (A9-0179/2021 - César Luena)

De VVD is voor een ambitieuze aanpak voor biodiversiteitsherstel en steunt de biodiversiteitstrategie van de Europese Commissie in grote lijnen. De positie van het Parlement gaat echter te ver in het voorschrijven van middelen en laat weinig ruimte over voor subsidiariteit. Voor biodiversiteitsherstel is een gebiedsgerichte aanpak en ruimte voor lokale implementatie cruciaal. Bindende restauratiedoelen stellen op lidstaatniveau, eenzijdig inzetten op biologische landbouw en het beperken van bodemroerende visserij helpen hier niet bij. Daarom heeft de VVD onthouden op deze eindstemming.
2021/06/08
Meeting the Global Covid-19 challenge: effects of waiver of the WTO TRIPS agreement on Covid-19 vaccines, treatment, equipment and increasing production and manufacturing capacity in developing countries (RC-B9-0306/2021, B9-0306/2021, B9-0307/2021, B9-0308/2021, B9-0309/2021, B9-0310/2021, B9-0311/2021)

Er moet zo snel mogelijk een einde komen aan de coronacrisis. Daar hoort een strategie bij die ervoor zorgt dat iedereen zo snel mogelijk gevaccineerd kan worden. Hoewel de VVD zich kan vinden in een aantal voorstellen in deze resolutie, zoals het delen van kennis en technologietransfers op vrijwillige basis alsook het aanpakken van drempels in de import en export van kostbare grondstoffen, heeft de VVD tegen deze resolutie gestemd. Volgens de VVD leidt een TRIPS-waiver op de korte termijn niet tot meer productie van vaccins als de specifieke kennis, vaardigheid en specialisme niet aanwezig zijn. Bescherming van intellectueel eigendom is juist een voorwaarde voor onderzoek en innovatie die nodig zijn voor het ontwikkelen van vaccins en andere medicijnen. Ook als we in de toekomst nieuwe vaccins nodig hebben om nieuwe varianten van het Covid-19 virus tegen te gaan. Het is daarom belangrijk dat we ons richten op het verhogen van productiecapaciteit en het beschikbaar stellen van de nodige grondstoffen zodat er daadwerkelijk voldoende vaccins beschikbaar zijn voor iedereen.
2021/06/09
Trade related aspects and implications of COVID-19 (A9-0190/2021 - Kathleen Van Brempt)

De coronacrisis heeft het belang van handelssamenwerking verder onderstreept. Handel kan ervoor zorgen dat de juiste middelen voor zoveel mogelijk mensen beschikbaar zijn. Daartegenover staat dat de geopolitieke context tijdens de coronacrisis is veranderd en de EU ook assertiever moet worden.Hoewel de VVD zich kan vinden in een aantal voorstellen in dit rapport, zoals het aanpakken van de tekorten van kostbare grondstoffen en het creëren van nieuwe handelsinstrumenten, heeft de VVD tegen dit rapport gestemd.Volgens de VVD leidt een TRIPS-waiver op de korte termijn niet tot meer productie van vaccins als de specifieke kennis, vaardigheid en specialisme niet aanwezig zijn. Bescherming van intellectueel eigendom is juist een voorwaarde voor onderzoek en innovatie die nodig zijn voor het ontwikkelen van vaccins en andere medicijnen.Daarnaast kan de VVD zich niet vinden in een aantal andere voorstellen die handelssamenwerking kunnen belemmeren, zoals het stellen van te strenge eisen aan het sluiten en ratificeren van handelsverdragen.
2021/07/06
Breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the adopted legal changes in the Hungarian Parliament (B9-0412/2021, B9-0413/2021)

On 15 June 2021, the Hungarian Parliament voted in favour of amendments proposed by Fidesz MPs that severely restrict freedom of speech and children’s rights. The Law prohibits the ‘portrayal and promotion of gender identity different from sex assigned at birth, the change of sex and homosexuality’ in schools, in television programmes and in publicly available advertisements on any platforms for persons aged under 18, even for educational purposes; the Law disqualifies such content from being considered as a public service announcement or social responsibility advertisement even if intended for adults; the Law introduces amendments to the Child Protection Act, the Family Protection Act, the Act on Business Advertising Activity, the Media Act and the Public Education Act.I consider this Law to be in breach of EU law and of the rights of LGBTIQ citizens in Hungary, in particular the freedom to provide services and freedom of movement of goods as set out in the Treaty on the Functioning of the European Union, the Audiovisual Media Services Directive and E-commerce Directive in conjunction with the Charter of Fundamental Rights. Therefore I voted in favour of the resolution ‘Breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the legal changes adopted in the Hungarian Parliament’.
2021/07/08
Objection pursuant to Rule 111(3): Technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate change mitigation or climate change adaptation and for determining whether that economic activity causes no significant harm to any of the other environmental objectives (B9-0476/2021, B9-0477/2021)

De VVD erkent de waarde van taxonomy als instrument om duurzame investeringen te bevorderen. De VVD is echter ook van mening dat de taxonomy, zoals voorgesteld, niet volledig is. Kernenergie verdient er een plek. Kernenergie is de enige CO2-vrije energiebron die betrouwbaar dag en nacht, in elk seizoen, en overal ter wereld, energie kan leveren. De Commissie komt over een aantal maanden met een nieuwe gedelegeerde handeling. De VVD is van mening dat kernenergie daar als duurzaam aangemerkt moet worden. Instemmen met de huidige moties zou er toe leiden dat de implementatie van de gehele taxonomy vertraagd wordt. Dit is onwenselijk, want daarmee worden duurzame investeringen belemmerd, investeringen die juist ook kansen bieden voor Nederland. Daarom stemt de VVD tegen deze moties, en zet vol in op het opnemen van kernenergie in de volgende gedelegeerde handeling.
2021/10/05
Reforming the EU policy on harmful tax practices (including the reform of the Code of Conduct Group) (A9-0245/2021 - Aurore Lalucq)

De VVD is van mening dat schadelijke belastingpraktijken moeten worden aangepakt, omdat daarmee het gelijk speelveld wordt gehandhaafd en economische concurrentie wordt bevorderd. De VVD is dan ook van mening dat de hierop betrekking hebbende wet- en regelgeving actueel moet blijven. Echter, de VVD hecht grote waarde aan de nationale bevoegdheid die geldt voor belastingaangelegenheden en is van mening dat bindende instrumenten hiermee in strijd kunnen zijn. De voorgestelde hervorming van de Code of Conduct tornt daarmee aan het principe van nationale competentie. De VVD onthoudt zich daarom van stemming over het verslag.
2021/10/07
Farm to Fork Strategy (A9-0271/2021 - Anja Hazekamp, Herbert Dorfmann)

De “van boer tot bord”-strategie omvat ambitieuze doelen om de voedselproductie van Europa te verduurzamen. De VVD ondersteunt de ambities van de strategie in grote lijnen, maar vindt het niet aanvaardbaar dat de doelen van de strategie vastgesteld zijn zonder te kijken naar de haalbaarheid ervan en de impact op de productie, economie en het milieu. Hoewel het verslag van het parlement goede kanttekeningen plaatst, roept het nog steeds op om de doelen bindend te maken. Daarnaast wordt ook opgeroepen om de ratificatie van de handelsovereenkomst tussen de EU en Mercosur voortijdig uit te sluiten. Daarom heeft de VVD zich van stemming onthouden bij de eindstemming over dit verslag.
2021/10/19
Cooperation on the fight against organised crime in the Western Balkans (A9-0298/2021 - Lukas Mandl)

De VVD verwelkomt het verslag dat de georganiseerde misdaad en corruptie met betrekking tot de Westelijke Balkanlanden aan de kaak stelt. Het is belangrijk dat de georganiseerde misdaad en corruptie beter worden bestreden met concrete voorstellen, waaronder door internationale en regionale samenwerking verder te stimuleren, door ondersteuning vanuit de EU aan te bieden en door noodzakelijke hervormingen aan te bevelen. Echter, in het verslag staat ook dat Kosovo heeft voldaan aan alle benodigde eisen om voor visumliberalisatie in aanmerking te komen. Hier verschilt de VVD van mening, aangezien Kosovo nog niet de vereiste vooruitgang op het gebied van de rechtsstaat heeft aangetoond. Desondanks heeft de VVD-fractie besloten het verslag te steunen omdat het grootste gedeelte te onderschrijven is.
2021/12/15
Objection pursuant to Rule 111(3): Acceptance period of vaccination certificates issued in the EU Digital COVID Certificate format indicating the completion of the primary vaccination series (B9-0092/2022)

Net als velen wil de VVD zo snel als mogelijk af van het digitale COVID-reiscertificaat. De introductie van het COVID-reiscertificaat maakte reizen binnen de EU weer mogelijk en hielp om toerisme weer veilig doorgang te laten vinden. Nu we in een andere fase van de pandemie lijken te zijn beland, zal de VVD de komende tijd echter kritisch blijven kijken naar de functionaliteit, proportionaliteit en toekomstige noodzaak van EU-COVID-reiscertificaten. De afweging of het certificaat nog nodig is en welke voorwaarden daaraan worden gesteld, wordt gemaakt op basis van informatie en advies van het EMA en ECDC. Het bezwaar waar we vandaag over hebben gestemd, gaat daartegen in. Ook valt niet uit te sluiten dat we deze infrastructuur ook weer nodig hebben bij een mogelijke opleving van het virus en nieuwe ziekmakende varianten. Vandaar dat de VVD-delegatie tegen het bezwaar heeft gestemd.
2022/02/15
Implementation report on on-farm animal welfare (A9-0296/2021 - Jérémy Decerle)

De VVD-delegatie steunt dit initiatiefverslag en stemt tegen het amendement waarin wordt gepleit voor een verbod op het doden van mannelijke kuikens. Hoewel er ook in Nederland naar gestreefd wordt om op termijn te stoppen met het doden van eendagskuikens, is een verbod op dit moment nog voorbarig. Ontwikkelingen in de techniek om eieren te seksen en verdienmodellen voor het houden van hanen zullen bijdragen aan een versnelde uitfasering.
2022/02/15
Russian aggression against Ukraine (B9-0123/2022)

Het Europees Parlement heeft gisteren een resolutie aangenomen over de invasie van Rusland in Oekraïne. De VVD staat achter de stevige sancties die in deze resolutie zijn opgenomen om Poetin en de Russische oligarchen hard aan te pakken, Oekraïne meer te steunen en Rusland verder te isoleren op het wereldtoneel.In punt 34 wordt gesteld dat de EU-instellingen naar de toekenning van de status van kandidaat-lidstaat aan Oekraïne toe zullen werken, op basis van verdienste en zonder een gestelde termijn. In principe staat het elk Europees land vrij om een toetredingsverzoek in te dienen, dat vervolgens aan strenge voorwaarden wordt getoetst. Voorts is het aan de lidstaten om elke stap van dit proces unaniem goed te keuren. De toekenning van de status van kandidaat-lidstaat aan Oekraïne is op dit moment dan ook niet aan de orde. Het gaat namelijk om een langdurig en moeilijk proces dat vaak vele jaren kan duren.De VVD vindt dat we Oekraïne in de huidige situatie niet met deze discussie helpen en meent dat we het land beter concrete steun kunnen bieden die we meteen kunnen waarmaken.
2022/03/01
Guidelines for the 2023 budget – Section III (A9-0062/2022 - Nicolae Ştefănuță)

Het Europees Parlement stelt voor om zijn begroting voor 2023 met 6,24 % te verhogen ter financiering van de hogere energierekening, het indexeren van salarissen en investeringen in cyberbeveiliging. Hoewel de VVD ingenomen is met de investeringen in cyberbeveiliging en de voorgestelde bezuinigingen op begrotingsposten elders, vindt de VVD de voorgestelde verhoging van 130 miljoen euro buitenproportioneel, ook gelet op de alsmaar stijgende kosten waar burgers mee worden geconfronteerd. De VVD heeft zich daarom onthouden bij de stemming over dit verslag.
2022/04/05
Conclusions of the European Council meeting of 24-25 March 2022: including the latest developments of the war against Ukraine and the EU sanctions against Russia and their implementation (RC-B9-0197/2022, B9-0197/2022, B9-0200/2022, B9-0201/2022, B9-0203/2022, B9-0210/2022, B9-0211/2022)

De VVD steunt het nieuwe pakket aan EU-sancties volledig. Maar er kan, en moet, nog meer worden gedaan. Daarom heeft de VVD-fractie voor de oproep tot het instellen van extra sancties gestemd. Ook moet de handhaving van de sancties beter. President Poetin en zijn regime moeten niet aan de consequenties kunnen ontsnappen.Ook moet de EU haar afhankelijkheid van Russisch gas zo snel mogelijk afbouwen. Liever vandaag dan morgen. Hier is de VVD het volledig mee eens. Maar dit moet wel doordacht gebeuren en met oog voor alle mogelijke gevolgen. Daarom heeft de VVD zich onthouden bij een directe boycot, maar steunt de VVD wel een embargo zo snel als mogelijk.
2022/04/07
Promoting regional stability and security in the broader Middle East region (A9-0256/2022 - Manu Pineda)

Vandaag heeft het Europees Parlement gestemd over het verslag over de bevordering van de regionale stabiliteit en veiligheid in de grotere regio van het Midden-Oosten. De VVD-delegatie onderschrijft het belang van stabiliteit en veiligheid aan de buitengrenzen van de Europese Unie. In het verslag staan enkele goede suggesties die erop gericht zijn om, door middel van samenwerking en goed nabuurschap met de EU, deze landen vooruit te helpen. Echter, de VVD heeft zich onthouden bij de eindstemming vanwege een oproep in de tekst om onmiddellijk alle IS-bruiden met een EU-nationaliteit te repatriëren. De VVD-delegatie heeft ernstige bezwaren bij deze uitspraak, mede vanwege de grote veiligheidsrisico’s die gepaard zouden gaan met een dergelijke repatriëring.
2022/11/23
An EU strategy to boost industrial competitiveness, trade and quality jobs (B9-0085/2023, B9-0086/2023, B9-0087/2023, B9-0088/2023, B9-0089/2023, B9-0090/2023, B9-0091/2023, B9-0104/2023, B9-0105/2023, RC-B9-0107/2023, B9-0107/2023, B9-0108/2023, B9-0110/2023, B9-0111/2023, B9-0115/2023)

De VVD heeft voor deze resolutie gestemd omdat wij vinden dat de Amerikaanse Inflation Reduction Act (IRA) een Europese reactie nodig heeft. Onze industrie moet kunnen rekenen op een competitief bedrijfsklimaat. De resolutie bevat goede elementen, zoals het sluiten van handelsverdragen, het versnellen van vergunningstrajecten en het verlagen van de administratieve lasten. De VVD is echter tegen de introductie van nieuwe financiële middelen voor de EU en is van mening dat een mogelijk Europees soevereiniteitsfonds uit bestaande middelen gefinancierd dient te worden. Op dit onderdeel van de resolutie heeft de VVD dan ook tegen gestemd.
2023/02/16
Strengthening the application of the principle of equal pay for equal work or work of equal value between men and women (A9-0056/2022 - Kira Marie Peter-Hansen, Samira Rafaela)

Vandaag heeft het Europees Parlement gestemd over de richtlijn inzake loontransparantie. De loonkloof in de Europese Unie is momenteel 13 % en is daarmee veel te hoog. De VVD vindt ook dat gelijk loon voor gelijk werk voor iedereen moet gelden in de samenleving. In de richtlijn staan enkele goede maatregelen om deze loonkloof te dichten, zoals verduidelijking van criteria en dat die criteria genderneutraal moeten zijn. De VVD heeft zich echter onthouden van stemming omdat het mkb wordt meegenomen in deze richtlijn, wat leidt tot buitenproportionele administratieve druk voor deze bedrijven.
2023/03/30
Social Climate Fund (A9-0157/2022 - David Casa, Esther de Lange)

Vandaag heeft het Europees Parlement gestemd over een nieuw Sociaal Klimaatfonds. De VVD vindt het belangrijk om de klimaattransitie voor burgers en bedrijven behapbaar te maken, maar stemt tegen (weer) een nieuw Europees fonds. Extra problematisch in het fonds is het uitkeren van directe inkomenssteun met Europees geld. Daarentegen heeft de VVD wel met succes ingezet op het beperken van het aandeel directe inkomsenssteun, en ingezet op strengere voorwaarden waaraan projecten die gefinancierd worden door dit fonds moeten voldoen. De VVD concludeert dat de EU zich met dit fonds inmengt in sociaal beleid, wat een nationale aangelegenheid is en moet blijven.
2023/04/18
Parliament's estimates of revenue and expenditure for the financial year 2024 (A9-0153/2023 - Nils Ušakovs)

De VVD steunt de algemene richtlijnen voor de Europese begroting voor volgend jaar, zoals de voortdurende steun aan Oekraïne. Daarnaast zijn wij voorstander van Europese financiering voor grensinfrastructuur, wat uiteindelijk ook is opgenomen in het rapport. Maar de VVD is tegen een herziening van het meerjarig financieel kader (MFK) en het verhogen van de Europese uitgaven. Daar waar nieuwe politieke ideeën ter tafel komen, moet er voor de financiering daarvan eerst worden gekeken naar de bestaande middelen en reservepotjes.
2023/04/20
Regulation of prostitution in the EU: its cross-border implications and impact on gender equality and women’s rights (A9-0240/2023 - Maria Noichl)

Mensenhandel doet grove afbreuk aan de waardigheid van mensen. De VVD vindt dan ook dat daar hard tegen moet worden opgetreden. In het verslag wordt sekswerk echter gelijkgesteld met mensenhandel en wordt bovendien gedoeld op een verbod op sekswerk in heel de EU. Wat de VVD betreft, moet het voor lidstaten mogelijk blijven zelf regels te hanteren wat betreft het wel of niet toestaan van sekswerk binnen de eigen grenzen. Dit is uiteindelijk geen competentie van de EU. Daarom heeft de VVD tegen dit verslag gestemd.
2023/09/14
Interim report on the proposal for a mid-term revision of the Multiannual Financial Framework 2021-2027 (A9-0273/2023 - Jan Olbrycht, Margarida Marques)

De VVD is groot voorstander van de financiële steun aan Oekraïne, en steunt ook de investeringen die nodig zijn om grip te krijgen op migratie en om onze strategische autonomie te versterken. Wij zijn echter van mening dat een tussentijdse verhoging van de Europese meerjarenbegroting met 76 miljard te gortig is en dat de rekening op deze manier veel te gemakkelijk bij de burger wordt neergelegd. Wij willen liever dat bestaande middelen als cohesiefondsen voor deze doelen worden aangewend en hebben daarom tegen dit tussentijdse verslag gestemd.
2023/10/03
European Media Freedom Act (A9-0264/2023 - Sabine Verheyen)

VVD Europa vindt het van groot belang dat mediaorganisaties worden beschermd, in bijzonder tegen illegitieme spyware en surveillance door overheden. In dit verslag is er een uitzondering voor het gebruik van zulke indringende maatregelen in geval van een misdaad, maar niet op basis van de nationale veiligheid. Dit zou bijvoorbeeld betekenen dat een verdachte in het kader van nationale veiligheid die incidenteel contact heeft met een journalist automatisch een beschermde status krijgt. Dit zou een maas in de wet vormen die uitgebuit kan worden en daarom hebben wij niet ingestemd met enkele onderdelen van dit verslag.
2023/10/03
Fisheries control (A9-0016/2021 - Clara Aguilera)

De VVD heeft tegen het akkoord voor de visserijcontroleverordening gestemd omdat deze alsnog een verplichting tot cameratoezicht op vissersschepen bevat. Deze maatregel is bedoeld om de aanlandplicht beter te kunnen handhaven. Behalve dat de VVD al haar twijfels heeft over de effectiviteit van de aanlandplicht, is de eis tot cameratoezicht een vergaande en onacceptabele inbreuk op de privacy van vissers, voor wie het schip vaak een tweede thuis is.
2023/10/17
General budget of the European Union for the financial year 2024 - all sections (A9-0288/2023 - Siegfried Mureşan, Nils Ušakovs)

De VVD-delegatie heeft tegen dit verslag gestemd omdat wij tegen een verhoging van de Europese begroting voor volgend jaar zijn. Wat ons betreft wordt er gezocht naar mogelijkheden binnen de bestaande Europese uitgaven om nieuwe prioriteiten te financieren. Daarnaast bevat dit verslag enkele passages over financiële steun aan de Palestijnse gebieden. De VVD steunt de humanitaire hulp aan de Palestijnse bevolking, dit blijft urgent en noodzakelijk. Om te voorkomen dat financiële steun bij Hamas of andere terroristische groeperingen terechtkomt, verwelkomen wij het onderzoek dat de Europese Commissie daartoe heeft aangekondigd.
2023/10/18
System of own resources of the European Union (A9-0295/2023 - José Manuel Fernandes, Valérie Hayer)

De VVD-delegatie is terughoudend met betrekking tot de invoering van nieuwe eigen middelen. Om de terugbetalingen in het kader van het coronaherstelfonds te financieren, achten wij eigen middelen op basis van het ETS en CBAM acceptabel. Echter, wij zijn tegen indirecte vormen van winstbelasting door de Europese Unie: dit recht behoort toe aan de lidstaten. De VVD heeft zich daarom onthouden van stemming over dit verslag.
2023/11/09
EU framework for the social and professional situation of artists and workers in the cultural and creative sectors (A9-0304/2023 - Antonius Manders, Domènec Ruiz Devesa)

De VVD hecht veel waarde aan de kunst- en cultuursector in Nederland en in Europa. We onderschrijven dan ook het doel van dit voorstel om mensen werkzaam in die sectoren te ondersteunen. Tegelijkertijd is de VVD van mening dat arbeidsrechtelijke zaken tot de nationale bevoegdheid behoren. We zijn daarom tegen de oproep voor Europese wetgeving.
2023/11/21
Reducing inequalities and promoting social inclusion in times of crisis for children and their families (A9-0360/2023 - Sandra Pereira)

De VVD vindt de bescherming van kinderen een belangrijke waarde en ondersteunt veel zaken in deze resolutie. Wat de VVD betreft, is de financiële steun voor kinderen echter een nationaal en niet een Europees vraagstuk. Ook is de VVD geen voorstander van een nieuwe Europese autoriteit. Daarom hebben we ons op dit verslag onthouden.
2023/11/21
Children first - strengthening the Child guarantee, two years on from its adoption (B9-0462/2023)

De VVD vindt de bescherming van kinderen een belangrijke waarde en ondersteunt veel zaken in deze resolutie. Wat de VVD betreft, is de financiële steun voor kinderen echter een nationaal en niet een Europees vraagstuk. Ook is de VVD geen voorstander van een nieuwe Europese autoriteit. Daarom hebben we ons op de resolutie onthouden.
2023/11/21
Objection to a delegated act pursuant to Rule 111(3): Adjustments of the size criteria for micro, small, medium-sized and large undertakings or groups (B9-0493/2023)

De VVD is groot voorstander van lastenverlichting voor bedrijven. Daarom heeft de VVD voor het aanpassen van de mkb-definitie gestemd, waardoor er minder bedrijven onder de Europese rapportageverplichtingen vallen, gerekend vanaf het boekjaar 2023.Tegelijkertijd is deze lastenverlichting slechts een kleine eerste stap, want hier mag het, wat de VVD betreft, niet bij blijven. In het huidige economische klimaat moeten mkb-bedrijven meer ruimte krijgen om te groeien en om (internationaal) te concurreren.Om die reden blijft de VVD zich inzetten om de rapportageverplichtingen voor bedrijven te verlichten met ten minste 25%.
2023/12/13
Multiannual financial framework for the years 2021 to 2027 (A9-0051/2024 - Jan Olbrycht, Margarida Marques)

De VVD heeft zich onthouden van stemming over een tussentijdse ophoging van de Europese meerjarenbegroting (MFK). Wij zijn tegen een verhoging van de nationale afdrachten aan de EU en geven de voorkeur aan bezuinigingen op bijvoorbeeld cohesiefondsen. Het is daarentegen van groot belang dat de financiële steun aan Oekraïne doorgang kan blijven vinden. Daarnaast steunen wij ook de verhoogde uitgaven aan het migratiebeleid. De VVD-delegatie heeft zich daarom onthouden van stemming over dit verslag.
2024/02/27
Nature restoration (A9-0220/2023 - César Luena)

De VVD acht het nemen van maatregelen om een goede staat van de natuur te behouden en verslechterde natuur te herstellen van groot belang. De VVD betwijfelt echter sterk of een aanvullende laag van juridische verplichtingen effectief zal zijn voor natuurherstel, wanneer bestaande verplichtingen nog niet behaald zijn en grote effecten hebben op de ruimtelijke ordening in Nederland. Met name een verslechteringsverbod buiten Natura 2000-gebieden en een verplichte uitbreiding van natuuroppervlak zouden Nederland verder op slot zetten.De VVD heeft daarom tegen de natuurherstelwet gestemd en zet in op realistisch en haalbaar natuurbeleid dat past bij een dichtbevolkt land als Nederland, met ruimte voor natuur, woningbouw, landbouw en industrie.
2024/02/27
Implementation of the common foreign and security policy – annual report 2023 (A9-0389/2023 - David McAllister)

De VVD-delegatie heeft voor het verslag over de uitvoering van het gemeenschappelijk buitenlands en veiligheidsbeleid – jaarverslag 2023 gestemd, omdat er belangrijke prioriteiten in dit verslag staan over de toekomst van het Europees buitenlandbeleid en de geopolitieke rol van de EU. Zo is het van enorm belang dat we Oekraïne blijven steunen met financiering en wapens, dat we meer investeren in Europese defensie en dat we besluitvormingsprocedures voor het opleggen van sancties makkelijker maken.Desalniettemin staat er een onderdeel in de tekst over een oproep tot een permanente wapenstilstand in Gaza. De VVD is tegen een dergelijke permanente wapenstilstand zolang de Israëlische gijzelaars niet zijn bevrijd en Hamas niet is verslagen.
2024/02/28
Soil Monitoring and Resilience (Soil Monitoring Directive) (A9-0138/2024 - Martin Hojsík)

De VVD heeft tegen de bodemrichtlijn gestemd. De VVD acht het verbeteren van bodemgezondheid van belang voor zowel het milieu, de landbouw en onze economie. Bodems zijn echter niet grensoverschrijdend, en maatregelen om de bodemkwaliteit te verbeteren zijn alleen effectief als ze optimaal rekening houden met de lokale omstandigheden. Het is daarom onwenselijk om op EU-niveau bindende eisen te stellen voor bodemmaatregelen, die ons land verder op slot zouden kunnen zetten.
2024/04/10

Written questions (37)

Illegal use of Schengen information system database by UK authorities
2019/09/03
Documents: PDF(49 KB) DOC(19 KB)
Rule of law infringement in the UK
2019/09/04
Documents: PDF(49 KB) DOC(18 KB)
Intensify actions to prevent irregular immigration from Albania
2019/09/12
Documents: PDF(43 KB) DOC(20 KB)
USA giving Turkey free rein in northern Syria and creating a dangerous power vacuum
2019/10/08
Documents: PDF(40 KB) DOC(10 KB)
Rights of LGBT persons in Brunei
2019/11/21
Documents: PDF(45 KB) DOC(10 KB)
Serbia’s backing of Russia in UN resolution on Crimea and Sevastopol
2019/12/25
Documents: PDF(43 KB) DOC(10 KB)
EU candidate country Serbia backs Russia on UN resolution on Crimea and Sevastopol
2019/12/25
Documents: PDF(45 KB) DOC(10 KB)
UK authorities’ concealed failure to alert the EU to 75 000 criminal convictions
2020/01/21
Documents: PDF(48 KB) DOC(10 KB)
Turkey ‘opened the doors’ for migrants to the European Union
2020/03/04
Documents: PDF(42 KB) DOC(10 KB)
Alleged 'LGBTI-free zones' in Poland
2020/03/04
Documents: PDF(48 KB) DOC(10 KB)
New rising tensions in Iraq: repeating recent history
2020/03/13
Documents: PDF(46 KB) DOC(10 KB)
Hong Kong police arrest 15 pro-democracy leaders during the Coronavirus crisis
2020/04/21
Documents: PDF(43 KB) DOC(10 KB)
Maltese embassy possibly compromised
2020/05/18
Documents: PDF(48 KB) DOC(10 KB)
EU paralysed and absent in escalating conflict in Libya
2020/06/24
Documents: PDF(45 KB) DOC(10 KB)
Pro-Kremlin media attempts to discredit the EU in war-torn Syria
2020/07/13
Documents: PDF(42 KB) DOC(10 KB)
Saudi Arabia and Qatar
2020/08/14
Documents: PDF(45 KB) DOC(9 KB)
Mass arrest of LGBTI activists in Poland
2020/09/01
Documents: PDF(58 KB) DOC(11 KB)
Alleged Turkish military interference in the Nagorno-Karabakh conflict
2020/09/30
Documents: PDF(48 KB) DOC(10 KB)
Call for the proper transposition of Directive (EU) 2017/541 on combating terrorism
2020/10/22
Documents: PDF(46 KB) DOC(10 KB)
Recently proposed bills in Hungary infringing on the rights of LGBTI persons
2020/11/26
Documents: PDF(53 KB) DOC(11 KB)
Conflict of interest resulting from the appointment of Ms Tocci to the Eni Board of Directors
2020/12/03
Documents: PDF(46 KB) DOC(9 KB)
State of play of EU-Turkey political, economic and trade relations
2021/01/25
Documents: PDF(50 KB) DOC(10 KB)
The implications of Chinese extradition treaties for human rights defenders, politicians and journalists
2021/01/25
Documents: PDF(43 KB) DOC(10 KB)
Support for students from Belarus to study at universities in the EU
2021/02/16
Documents: PDF(50 KB) DOC(10 KB)
EU-Cuba Political Dialogue and Cooperation Agreement
2021/02/23
Documents: PDF(48 KB) DOC(10 KB)
Nagorno‑Karabakh
2021/03/03
Documents: PDF(52 KB) DOC(10 KB)
Relaunch of UN Western Sahara peace process
2021/03/25
Documents: PDF(48 KB) DOC(10 KB)
Ukraine Government Bill 5488 to criminalise hate crimes, including on grounds of sexual orientation and gender identity
2021/06/17
Documents: PDF(51 KB) DOC(11 KB)
Turkish police use excessive force to break up Pride march in Istanbul
2021/07/06
Documents: PDF(43 KB) DOC(10 KB)
Chinese hypersonic missile test in space
2021/10/20
Documents: PDF(48 KB) DOC(10 KB)
The Recovery and Resilience Facility and the Foreign Subsidies Instrument
2021/12/01
Documents: PDF(44 KB) DOC(10 KB)
Support from European Union agencies for the management of refugees fleeing as a consequence of the Russian war in Ukraine
2022/03/28
Documents: PDF(50 KB) DOC(11 KB)
Designation of the IRGC as a terrorist organisation within the parameters of Common Position 2001/931/CFSP
2023/02/16
Documents: PDF(51 KB) DOC(11 KB)
Violence against the police in EU Member States
2023/03/22
Documents: PDF(46 KB) DOC(10 KB)
Sanctions against the Russian-controlled International Investment Bank in Hungary
2023/04/14
Documents: PDF(39 KB) DOC(10 KB)
Netherlands blocked by Court from returning asylum seekers to Italy
2023/04/28
Documents: PDF(39 KB) DOC(10 KB)
Clarification on lifting sanctions against Iranian tech company ArvanCloud
2024/04/12
Documents: PDF(52 KB) DOC(12 KB)

Amendments (2520)

Amendment 39 #

2023/2729(RSP)


Paragraph 4
4. Considers that the second European Anti-Fraud Office (OLAF) investigation into management practices at the Agency, which is underway only nine months after the first OLAF investigation was closed, demonstrates the need for change in the culture of the Agency;deleted
2023/09/06
Committee: LIBE
Amendment 64 #

2023/2729(RSP)


Paragraph 9
9. Reiterates its call for OLAF reports on the Agency to be made public in cases of overriding public interest in disclosure and, in all cases,While recognising that the EU Courts established a general presumption of non-disclosure of public access for documents pertaining to ongoing OLAF investigations,1a reiterates its call for the relevant Members of Parliament to be given confidential access to suchrelevant reports within a reasonable period of timeinto the Agency in order to allow them to effectively carry out democratic scrutiny and hold the Agency to account for its actions, in particular for politically important matters; believes that the current rules need to be revised to ensure that Parliament is fully informed in its role as policymaker and co-legislator, in particular regarding its budgetary powers; __________________ 1a The General Court has stated that the provisions concerning confidentiality in Regulation 883/2013 justify a general presumption of non-disclosure of documents related to OLAF’s investigations. The Court concluded that “generalised access, on the basis of Regulation No 1049/2001, to documents in OLAF’s file, while OLAF’s investigation procedure is still ongoing, would, in principle, undermine the effective conduct of the investigation”
2023/09/06
Committee: LIBE
Amendment 76 #

2023/2729(RSP)


Paragraph 13
13. Expresses severe concern regarding the serious and persistent allegations made against Greek authorities in relation to pushbacks and violence against migrants; is convinced that respect for the principles and values of the Union must be the condition sine qua non for Frontex to commit to a joint operation with a Member State; is further convinced that, should a Member State be unable to respect those principles and values, then the Agency should scale down and repurpose its operations towards monitoring activities in the light of Article 46 of its mandate, while; recognises the FRO’s opinion that maintaining itsa Frontex presence on the ground in order not to leave a vacuummay contribute to upholding the fundamental rights during a joint operation; regrets that the Agency has so far refrained from scaling down or repurposing its operations in Greece; repurposing its operations in Greece so far, in order to avoid serious violations of fundamental rights or international protection obligations from taking place ;
2023/09/06
Committee: LIBE
Amendment 86 #

2023/2729(RSP)


Paragraph 14
14. Welcomes the Agency’s decision to scale down its activities in Lithuania in July 2022 in the light of the judgment of the Court of Justice of the European Union (CJEU) on 30 June 2022 as regards the Lithuanian law and decrees on asylum and migration10 ; notes that the Agency still has officers on the ground supporting national authorities with border checks at selected border crossing points and assisting return- related activities in Lithuania; recommends that the Agency take a more proactivestrategic approach to protecting the Union’s principles and values rather than awain line with CJEU rulings; __________________ 10 Judgment of the Court of Justice of 30 June 2022, M.A. v Valsybès sienos apsaugos tarnyba, C-72/22PPU, ECLI:EU:C:2022:505.
2023/09/06
Committee: LIBE
Amendment 91 #

2023/2729(RSP)


Paragraph 15
15. Recalls that, although the Agency withdrew from operations in Hungary in January 2021 following a clear CJEU ruling in December 202011 , it continues to support Hungarian authorities in carrying out returns; reiterates the FSWG’s calls on the executive director to immediately suspendreassess support for return-related operations from Hungary; __________________ 11 Judgment of the Court of Justice of 17 December 2020, Commission v Hungary, C-808/18, ECLI:EU:C:2020:1029.
2023/09/06
Committee: LIBE
Amendment 106 #

2023/2729(RSP)


Paragraph 18
18. Considers that the absence of an EU-level search and rescue mission has led otherNotes the activity of civil society and non- governmental organisations to fill the gap in providing search and rescue capacity by member states; is concerned about the increasing number of attempts to criminalise such actions, further limiting the possibilities for those in distress at sea to be rescued;
2023/09/06
Committee: LIBE
Amendment 5 #

2023/2501(RSP)


Recital D a (new)
D a. Whereas the EDPB opinion on the European Commission Draft Implementing Decision on the adequate protection of personal data under the EU- US Data privacy Framework states that it does not expect the US data protection framework to replicate European data protection law, but rather ensure an “essentially equivalent” level of protection as also confirmed by the ECJ;
2023/03/09
Committee: LIBE
Amendment 10 #

2023/2501(RSP)


Recital F
F. whereas the ability to transfer personal data across borders has the potential to be a key driver of innovation, productivity and economic competitiveness; whereas these transfers should be carried out with a level of protection equivalent to that guaranteed in the EU in full respect for the right to the protection of personal data and the right to privacy; whereas one of the fundamental objectives of the EU is the protection of fundamental rights, as enshrined in the Charter;
2023/03/09
Committee: LIBE
Amendment 12 #

2023/2501(RSP)


Recital H
H. whereas mass surveillance, including the bulk collection of data, by state actors is detrimental toin the general interest of the protection of national or public security the bulk collection of data is legal provided that it is sufficiently justified, limited and proportionate to the aim, as confirmed by the EDPB and the Court; whereas, on the other hand, mass surveillance by state actors is illegal and impacts the trust of European citizens and businesses in digital services and, by extension, in the digital economy;
2023/03/09
Committee: LIBE
Amendment 17 #

2023/2501(RSP)


Recital J
J. whereas there is no federal privacy and data protection legislation in the United States (US); whereas the EU and the US have differingO supports the convergence between the EU and the US of the definitions of key data protection concepts such as principles of necessity and proportionality as supported by the EDPB in its opinion;
2023/03/09
Committee: LIBE
Amendment 25 #

2023/2501(RSP)


Paragraph 1
1. Recalls that privacy and data protection are legally enforceable fundamental rights enshrined in the Treaties, the Charter and the European Convention of Human Rights, as well as in laws and case-law; emphasises that they must be applied in a manner that does not unnecessarily hamper trade or international relations, but can be balanced only against other fundamental rights and not against commercial or political interestssuch as the right to security;
2023/03/09
Committee: LIBE
Amendment 31 #

2023/2501(RSP)


Paragraph 2
2. Acknowledges the efforts made in the EO to lay down limits on US Signals Intelligence Activities, by referring to the principles of proportionality and necessity, and providing a list of legitimate objectives for such activities; points out, however, that these principles are long-standing key elements of the EU data protection regime and that their substantive definitions in the EO are not in line with their definition under EU law and their interpretation by the CJEUprovides for significant improvements to ensure that they are adequately equivalent under EU law; points out, furthermore, that for the purposes of the EU-US Data Privacy Framework, these principles will be interpreted solely in the light of US law and legal traditions as is the case with adequacy decisions; points out that the EO requires that signals intelligence must be conducted in a manner proportionate to the ‘validated intelligence priority’, which appears to be a broad interpretation of proportionality;
2023/03/09
Committee: LIBE
Amendment 38 #

2023/2501(RSP)


Paragraph 3
3. RegretNotes the fact that the EO does not prohibit the bulk collection of data by signals intelligence in certain justified cases, including the content of communications in line with ECJ rulings; notes that the list of legitimate national security objectives can be expanded by the US President, who can determine not to make the relevant updates public;
2023/03/09
Committee: LIBE
Amendment 53 #

2023/2501(RSP)


Paragraph 5
5. Points out that e room for improvement on the following procedures and calls on the Commission to improve them in its final adequacy draft decision : -the decisions of the Data Protection Review Court (‘DPRC’) willshall not be classified and notshall be made public or available to the complainant; points out that the DPRC is part of the executive branch and not the judiciary; points out that -a complainant will be represented by a ‘special advocate’ designated by the DPRC, for whom there is noshall be a requirement of independence; points out that- the redress process provided by the EO is based on secrecy and does notit shall set up an obligation to notify the complainant that their personal data has been processed, thereby underminensuring their right to access or rectify their data; notes that- the proposed redress process does notshall provide for an avenue for appeal in a federal court and therefore, among other things, does not provide any possibility for the complainant to claim damages; concludes that the DPRC does not meet the standards of independence and impartiality of Article 47 of the Charter;
2023/03/09
Committee: LIBE
Amendment 57 #

2023/2501(RSP)


Paragraph 6
6. Notes that, while the US has provided for a new mechanism for remedy for issues related to public authorities’ access to data, the remedies available for commercial matters under the adequacy decision are insufficientunchanged; notes that these issues are largely left to the discretion of companies, which can select alternative remedy avenues such as dispute resolution mechanisms or the use of companies’ privacy programmes; Calls on the Commission to closely monitor the effectiveness of these redress mechanisms;
2023/03/09
Committee: LIBE
Amendment 66 #

2023/2501(RSP)


Paragraph 7
7. Notes that European businesses need and deserve legal certainty; stresses that successive data transfer mechanisms, which were subsequently repealed by the CJEU, created additional costs for European businesses; notes that continuingacknowledges that legal uncertainty and the need to adapt to new legal solutions is particularly burdensome for micro, small and medium- sized enterprises;
2023/03/09
Committee: LIBE
Amendment 70 #

2023/2501(RSP)


Paragraph 8
8. Points out that, unlike all other third countries that have received an adequacy decision under the GDPR, the US still does not have a federal data protection law; points out that the EO is not clear, precise or foreseeable in its application, as it can be amended at any time by the US President; is therefore concerned about the absence of a sunset clause which could provide that the decision would automatically expire four years after its entry into force; Therefore calls on the Commission to introduce such a clause in case of changes in the US law;
2023/03/09
Committee: LIBE
Amendment 79 #

2023/2501(RSP)


Paragraph 9 a (new)
9 a. Calls on the Commission to monitor the proper implementation of the data protection rights as stated in the EO, especially as regards to the US agencies, who have until October 2023 to comply with the protection norms set in the executive order;
2023/03/09
Committee: LIBE
Amendment 89 #

2023/2501(RSP)


Paragraph 11
11. Concludes that the EU-US Data Privacy Framework fails to create actual equivalence in the level of protection; calls on the Commission to continue negotiations with its US counterparts with the aim of creating a mechanism that would ensure such equivalence andalls on the Commission to continue negotiations with its US counterparts in order to include the remarks for improvement listed in this resolution and in the opinion of the EDPB with the aim of creating a mechanism which would provide the adequate level of protection required by Union data protection law and the Charter as interpreted by the CJEU; urges the Commission not to adopt the adequacy finto amend its draft adequacy decision accordingly;
2023/03/09
Committee: LIBE
Amendment 53 #

2023/2087(INI)

Motion for a resolution
Paragraph 1
1. Expresses its deep concern about the situation of fundamental rights in Mauritania, particularly for migrants and refugees, and considers that, due to a high standard of operation, the deployment of Frontex executive powers in Mauritania entails a high risk of becoming complicit can contribute to avoiding serious and most likely persistent violations of fundamental rights or international protection obligations;
2023/07/18
Committee: LIBE
Amendment 65 #

2023/2087(INI)

Motion for a resolution
Paragraph 2
2. Considers that if the Model Status Agreement falls short of addressing the above-mentioned concerns, this could lead toshould properly address any potential accountability gaps in the event of fundamental rights violations committed either by the third country’s authorities and/or by Frontex’s deployed personnel;
2023/07/18
Committee: LIBE
Amendment 77 #

2023/2087(INI)

Motion for a resolution
Paragraph 3 – point 3.1 – point b
b. review the current provision on immunity from criminal prosecution by national authorities for deployed officers, in line with the principle of proportionality and in order to safeguard the right to an effective remedy for the individuals concerned;deleted
2023/07/18
Committee: LIBE
Amendment 94 #

2023/2087(INI)

Motion for a resolution
Paragraph 3 – point 3.1 – point e
e. perform, in cooperation with the Fundamental Rights Officer (FRO), ex ante fundamental rights impact assessments before engaging in negotiations with third countries on the conclusion of Status Agreements, in order to be able to fully consider the impact of potential cooperation and to negotiate the necessary safeguards;
2023/07/18
Committee: LIBE
Amendment 117 #

2023/2087(INI)

Motion for a resolution
Paragraph 3 – point 3.2 – point b – point i
i. enshrine a formal mechanism for persons (in)directly affected or acting in the public interest, includingure that third country nationals, are able to address complaints to the Agency, in accordance with Article 111 of Regulation 2019/1896, about actions of deployed staff in the third country, and include clear provisionscommunicate clearly on the follow-up and tools of enforcement after complaints are lodged;
2023/07/18
Committee: LIBE
Amendment 122 #

2023/2087(INI)

Motion for a resolution
Paragraph 3 – point 3.2 – point b – point ii
ii. ensureseek, in cooperation with the Mauritanian authorities, a Frontex presence in critical areas where the apprehension of migrants is likely to take place, and envisage giving the FRO and Fundamental Rights Monitors full access to the operational area, in line with the FROs standard operating procedure;
2023/07/18
Committee: LIBE
Amendment 132 #

2023/2087(INI)

Motion for a resolution
Paragraph 3 – point 3.2 – point c
c. adopt guidelines on the mandatoryensure adherence to Frontex rules regarding waiving of immunity for deployed staff, specifying how requests from the third country authorities will be dealt with, as well as enshrining a strong role for the FRO; make the deployment of standing corps officers conditional on these guidelines;
2023/07/18
Committee: LIBE
Amendment 140 #

2023/2087(INI)

Motion for a resolution
Paragraph 3 – point 3.2 – point e
e. provideconsider, in parallel of the implementation of this Status Agreement, conducting fundamental rights training to the authorities as a core component of executive operationapacity building measures in third countries, including with regard to SAR obligations, and work on the improvement of the asylum system;
2023/07/18
Committee: LIBE
Amendment 15 #

2023/2082(INI)

Motion for a resolution
Recital A
A. whereas LGBTIQ+ rights are fundamental rights and thereby an integral part of liberal democracy ;
2023/12/14
Committee: LIBE
Amendment 20 #

2023/2082(INI)

Motion for a resolution
Recital F a (new)
F a. whereas in 2022, the European Commission, together with the European Parliament and fifteen Member States, referred Hungary to the Court of Justice of the European Union over violations of LGBTIQ rights;
2023/12/14
Committee: LIBE
Amendment 27 #

2023/2082(INI)

Motion for a resolution
Recital K a (new)
K a. whereas systemic rivals of the European Union, such as Russia and China, attack LGBTIQ+ persons in their society and beyond with the goal to undermine liberal democracy;
2023/12/14
Committee: LIBE
Amendment 30 #

2023/2082(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission’s LGBTIQ Equality Strategy 2020-2025 and its recent Progress Report on the implementation of the Strategy;
2023/12/14
Committee: LIBE
Amendment 33 #

2023/2082(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Acknowledges the progress made for the implementation of the LGBTIQ Equality Strategy 2020-2025 while stressing that real equality for LGBTIQ+ persons in the EU is still far away from the actual reality;
2023/12/14
Committee: LIBE
Amendment 34 #

2023/2082(INI)

Motion for a resolution
Paragraph 1 b (new)
1 b. Welcomes the efforts by the European Commission to advance equality for LGBTIQ+ persons in all fields included in the Strategy; regrets that certain key actions originally envisaged by the Commission have not been implemented so far;
2023/12/14
Committee: LIBE
Amendment 35 #

2023/2082(INI)

Motion for a resolution
Paragraph 1 c (new)
1 c. Welcomes the European Commission’s commitment to support Member States in their implementation of the Strategy, expresses deep concern about the disparity of openness to the Strategy between the Member States;
2023/12/14
Committee: LIBE
Amendment 45 #

2023/2082(INI)

Motion for a resolution
Paragraph 6
6. Underlines that access to healthcare should be offered as a free and timelytimely and accessible public service;
2023/12/14
Committee: LIBE
Amendment 47 #

2023/2082(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Emphasises the need for an inclusive and safe education for LGBTIQ+ persons in all Member States, especially for LGBTIQ+ youths;
2023/12/14
Committee: LIBE
Amendment 54 #

2023/2082(INI)

Motion for a resolution
Paragraph 7
7. Expresses deep concern ovmphasises the need to consider the implications for LGBTIQ+ persons of the proposals included in the New Pact on Migration and Asylum; expresses concernwelcomes the ongoing consideration of these implications in the negotiations; underlines that trans and intersex persons must not face even more obstacles in the process of applying for asylum;
2023/12/14
Committee: LIBE
Amendment 61 #

2023/2082(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Condemns the impact hate crime and hate speech have on LGBTIQ+ persons, both offline and online; condemns the effect online platforms such as TikTok have in promoting anti- LGBTIQ+ content, censoring LGBTIQ+ content and breaching privacy rights of viewers of LGBTIQ+ content;
2023/12/14
Committee: LIBE
Amendment 70 #

2023/2082(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Regrets the lack of a cohesive overview of EU funding for LGBTIQ+ equality under the different programmes supporting the Strategy;
2023/12/14
Committee: LIBE
Amendment 75 #

2023/2082(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Welcomes the Commission’s support of LGBTIQ+ activists in Ukraine, especially through the “direct award” modality since the start of the Russian invasion and war of aggression against Ukraine;
2023/12/14
Committee: LIBE
Amendment 89 #

2023/2082(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Calls on Latvia to join the LGBTIQ Equality Subgroup set up under the High-Level Group on Nondiscrimination, Equality and Diversity - as the last Member State to do so after Cyprus recently expressed its interest - with the goal to enhance implementation of the LGBTIQ strategy in all Member States;
2023/12/14
Committee: LIBE
Amendment 90 #

2023/2082(INI)

Motion for a resolution
Paragraph 19 b (new)
19 b. Calls on all Member States to adhere to the Guidelines for Strategies and Action Plans to Enhance LGBTIQ Equality3a as prepared by the LGBTIQ Equality Subgroup; _________________ 3a https://commission.europa.eu/system/files/ 2022- 09/guidelines_for_strategies_and_action_ plans_to_enhance_lgbtiq_equality_2022fi nal16_05.pdf
2023/12/14
Committee: LIBE
Amendment 93 #

2023/2082(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Member States to expand coverage of all healthcare services, allowing LGBTIQ+ persons to seek specific care to specific care for LGBTIQ+ persons, including sexual and reproductive health and technologies;
2023/12/14
Committee: LIBE
Amendment 99 #

2023/2082(INI)

Motion for a resolution
Paragraph 24
24. Calls for the EU to give access to asylum to vulnerable LGBTIQ+ persons, including those from so-calledthird countries classified as safe countries;
2023/12/14
Committee: LIBE
Amendment 101 #

2023/2082(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Calls on the European Commission to ensure support for LGBTIQ+ equality in action under the Asylum, Migration and Integration Fund, as announced in the LGBTIQ Equality Strategy 2020-2025, and include said support in the Work Programme 2023- 2025;
2023/12/14
Committee: LIBE
Amendment 102 #

2023/2082(INI)

Motion for a resolution
Paragraph 24 b (new)
24 b. Calls on the European Union Agency for Asylum (EUAA) to swiftly finalise their practical guidance on applicants with SOGIESC and for Member States to then adhere to said guidance;
2023/12/14
Committee: LIBE
Amendment 116 #

2023/2082(INI)

Motion for a resolution
Paragraph 29 a (new)
29 a. Calls on the Member States to recognise marriage and parenthood of same-gender couples for the purposes of exercising rights derived from EU law, as required by the Court of Justice of the European Union;
2023/12/14
Committee: LIBE
Amendment 117 #

2023/2082(INI)

Motion for a resolution
Paragraph 29 b (new)
29 b. Calls on the Member States to put in place accessible legal gender recognition legislation and procedures, with support of the Commission;
2023/12/14
Committee: LIBE
Amendment 119 #

2023/2082(INI)

Motion for a resolution
Paragraph 30 a (new)
30 a. Calls on the Member States to implement the Council Recommendations on Pathways to School Success3b, and especially to include measures against the discrimination of LGBTIQ+ persons, particularly LGBTIQ+ youths, to ensure safe and inclusive education; _________________ 3b https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A32022 H1209%2801%29&qid=1671106078506
2023/12/14
Committee: LIBE
Amendment 121 #

2023/2082(INI)

Motion for a resolution
Paragraph 30 b (new)
30 b. Calls on the Commission to expand the Erasmus+ funding under the topic “Promoting LGBT+ equality” through active communication efforts in cooperation with the National authorities;
2023/12/14
Committee: LIBE
Amendment 124 #

2023/2082(INI)

Motion for a resolution
Paragraph 31 a (new)
31 a. Calls on the Commission to instate a Special Representative for LGBTIQ+ Equality in the European External Action Service in order to ensure a horizontal implementation of the LGBTIQ Equality Strategy 2020-2025 abroad;
2023/12/14
Committee: LIBE
Amendment 128 #

2023/2082(INI)

Motion for a resolution
Paragraph 32 a (new)
32 a. Calls on the Commission to support candidate countries and potential candidate countries in the implementation of EU legislation, including in the field of LGBTIQ+ rights, and monitor their progress;
2023/12/14
Committee: LIBE
Amendment 132 #

2023/2082(INI)

Motion for a resolution
Paragraph 33 a (new)
33 a. Calls on the Commission to further improve their communication about funding opportunities to promote LGBTIQ+ equality, particularly in Member States were the equality has been confronted with setbacks;
2023/12/14
Committee: LIBE
Amendment 136 #

2023/2082(INI)

Motion for a resolution
Paragraph 36 a (new)
36 a. Calls on all Member States to self- assess their progress in implementing the LGBTIQ Strategy and share their results with the Commission and the Parliament;
2023/12/14
Committee: LIBE
Amendment 137 #

2023/2082(INI)

Motion for a resolution
Paragraph 36 b (new)
36 b. Calls on all Member States to adopt national LGBTIQ+ action plans and strategies until 2025;
2023/12/14
Committee: LIBE
Amendment 144 #

2023/2082(INI)

Motion for a resolution
Paragraph 38
38. Calls on the Commission to ensure that the next LGBTIQ+ Equality Strategy is accompanied by an implementation plan, a strong mainstreaming structure and resource allocation; to include a timeline and milestones, ensuring the monitoring, evaluation, accountability, and learning processes, including the consultation of LGBTIQ+ organisations;
2023/12/14
Committee: LIBE
Amendment 7 #

2023/0371(COD)

Proposal for a regulation
Recital 1 a (new)
(1 a) Visa-free travel brings significant benefits to both the Union and third countries alike. The economic, social and cultural relations with third countries create prosperity and establish the Union as an open and free bloc. The Union’s common visa policy, in this regard, is a cornerstone of its engagement with third countries.
2024/03/18
Committee: LIBE
Amendment 8 #

2023/0371(COD)

Proposal for a regulation
Recital 1 b (new)
(1 b) At the same time, the evolving geopolitical context has brought new challenges linked to visa-free travel. Abuse of and security risks following from visa-free travel to the EU require a swift and adequate response. It is imperative that the Union is equipped to deal with these challenges accordingly.
2024/03/18
Committee: LIBE
Amendment 10 #

2023/0371(COD)

Proposal for a regulation
Recital 2
(2) TFor this reason, the mechanism for the temporary suspension of the exemption from the visa requirement for the nationals of a third country listed in Annex II to Regulation (EU) 2018/1806 (‘the suspension mechanism’) should be strengthened for the Union to have at its disposal a more efficient safeguard aimed at preventing a wider range of irregular migration, public policy and security risks arising from the third countries listed in that Annex II, as well asor the abuse of the visa exemption through the operation of investor citizenship schemes by those third countries, and as a diplomatic tool following stark deterioration of external relations with relevant third countries.
2024/03/18
Committee: LIBE
Amendment 19 #

2023/0371(COD)

Proposal for a regulation
Recital 4 a (new)
(4 a) The suspension mechanism should ensure a safeguard against threats to public order and security. This includes immediate risks to the Union’s internal security, such as terrorism, organised crime, cyber-attacks and trafficking in humans, drugs and arms. In regards to the external dimension of internal security, priorities identified by the European Multidisciplinary Platform against Criminal Threats (EMPACT) should be taken into account.
2024/03/18
Committee: LIBE
Amendment 22 #

2023/0371(COD)

Proposal for a regulation
Recital 5
(5) In its conclusions of 22 October 2021, the European Council invited the Commission to propose any necessary changes to the Union’s legal framework and concrete measures to ensure an immediate and appropriate response to hybrid threats in line with Union law and international obligations. Therefore, it should be possible to trigger the suspension mechanism in case of risks or threats to the public policy or internal security of the Member States arising from hybrid threats such as situations of state-sponsored instrumentalisation of migrants aimed at destabilising or undermining society and key institutions, as referred to in Article 1(4)(b), first subparagraph, of the Crisis Regulation. Such threats to the public policy or internal security of the Member States arising from hybrid threats may also relate to clandestine foreign interference in political processes, cyber operations, and economic espionage.
2024/03/18
Committee: LIBE
Amendment 24 #

2023/0371(COD)

Proposal for a regulation
Recital 5 a (new)
(5 a) It is also important that the security of documents is upheld according to European Union standards. The Union has put in place advanced security features and biometric requirements for travel documents. Such measures prevent the falsification and counterfeiting of travel documents and establish a reliable link between the document and its holder. To ensure valid and trustworthy travel documents, countries listed in Annex II should issue documents accordingly.
2024/03/18
Committee: LIBE
Amendment 25 #

2023/0371(COD)

Proposal for a regulation
Recital 6
(6) Investor citizenship schemes operated by third countries listed in Annex II to Regulation (EU) 2018/1806 allow visa-free travel to the Union to third- country nationals that would otherwise be visa required. Under an investor citizenship scheme, citizenship is granted in return for pre-determined payments or investments without any genuine link to the third country concerned. While the Union respects the right of sovereign countries to decide on their own naturalisation procedures, visa-free third countries should be deterred from using visa-free access to the Union as a tool for leveraging individual investment in return for their citizenship. A lack of comprehensive security checks, vetting procedures and due diligence pose several serious security risks for Union citizens, such as those stemming from money laundering and corruption. To prevent visa-free access to the Union being used for this purpose, it should be possible to suspend the visa exemption for a third country which chooses to operate such investor citizenship schemes, whereby citizenship is granted without any genuine link to the third country concerned.
2024/03/18
Committee: LIBE
Amendment 26 #

2023/0371(COD)

Proposal for a regulation
Recital 6 a (new)
(6 a) The triggering of the suspension mechanism should be considered in the wider context of the Union’s relations with the relevant third country. Specific consideration should be paid to the Union's diplomatic and external relations with third countries. This includes considerations of human rights and fundamental freedoms, violations of bilateral agreements between the Union and third countries, hostile acts towards the Union or Member States and non- compliance or non-alignment with relevant Union sanctions.
2024/03/18
Committee: LIBE
Amendment 32 #

2023/0371(COD)

Proposal for a regulation
Recital 8
(8) The thresholds to trigger the suspension mechanism in case of a substantial increase in the number of nationals of a third country refused entry or found to be staying in the Member State’s territory without a right to do so, or overstaying the visa-free period, or in the number of asylum applications from the nationals of that third country for which the recognition rate is low, or in the number of serious criminal offences linked to the nationals of that third country, should be subject to a case-by-case assessment by the Commission. In particular, the Commission should be able to assess whether there are specific circumstances, in the cases notified by Member States or under its own analysis, which would justify the application of lower or higher thresholds than those indicated in relevant provisions of Regulation (EU) 2018/1806. The Commission’s assessment should take into account, for example, the number of unauthorised crossings of the external borders of the Member States, unfounded asylum applications or criminal offences in proportion to the number and size of Member States affected and the impact of those numbers on the overall migratory situation, functioning of the asylum systems or internal security of the Member States affected, as well as actions taken by the third country concerned to remedy the situation.
2024/03/18
Committee: LIBE
Amendment 33 #

2023/0371(COD)

Proposal for a regulation
Recital 9
(9) For the purpose of notifying to the Commission the circumstances that may amount to a ground for suspension, Member States should be able to take into account reference periods longer than two months in order to identify not only sudden changes in the relevant situation, but also longer-term trends that may justify the use of the visa suspension mechanism. In exceptional circumstances that require immediate action, the Commission should accept a reference period shorter than two months when notifications are made by more than one Member State. The reasons for triggering the mechanism in relation to the grounds set out in this regulation should be complete and clear. The Commission shall inform the Council and Parliament about notifications and consequent decisions immediately and comprehensively.
2024/03/18
Committee: LIBE
Amendment 38 #

2023/0371(COD)

Proposal for a regulation
Recital 10
(10) Whenever it considers it necessary, or upon request by the European Parliament or by the Council, the Commission should report on the outcome of its systematic monitoring of the visa- free regimes with all the third countries listed in Annex II to Regulation (EU) 2018/1806., The report should focus on those third countries which, according to the Commission’s analysis, present specific problems that, if not addressed, may lead to trigger the suspension mechanism. In particular, the Commission should consider reportingSystemic monitoring and reporting shall be done on the basis of data provided by EU Agencies as data stored in the Visa Information System (VIS), Schengen Information System (SIS II), Entry/Exit System (EES), European Travel Information and Authorisation System (ETIAS), and European Criminal Records Information System for Third- Country Nationals (ECRIS-TCN). The Commission should ensure that each third country listed in Annex II is monitored and reported on at least every four years. Furthermore, the Commission should report on countries which have been newly listed in Annex II without undergoing a visa liberalisation dialogue, where it considers it necessary and in particular in the first years following the entry into force of the visa exemption for those countries.
2024/03/18
Committee: LIBE
Amendment 50 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1
1. The suspension mechanism may be triggered on one or more of the following grounds:
2024/03/18
Committee: LIBE
Amendment 51 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point a
(a) a substantial increase in the number of nationals of a third country listed in Annex II refused entry or ,found to be staying in a Member State’s territory without a right to do so, or overstaying the visa-free period;
2024/03/18
Committee: LIBE
Amendment 63 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point d – point iia (new)
(ii a) inadequate legal standards concerning the security of travel and identity documents;
2024/03/18
Committee: LIBE
Amendment 70 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point fa (new)
(f a) a severe deterioration in the Union’s external relations with a third country listed in Annex II, exampled by the non-alignment of the criteria listed in Article 1 of this Regulation;
2024/03/18
Committee: LIBE
Amendment 78 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 2
2. For the purposes of paragraph 1, points (a), (b) and (d)(i), of this Article a substantial increase shall mean an increase exceeding a threshold of 530%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a lower or higher increase is applicable in the particular case.
2024/03/18
Committee: LIBE
Amendment 83 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 3
3. For the purposes of paragraph 1, point (b), of this Article a low recognition rate shall mean a recognition rate of asylum applications of less than 420%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a higher recognition rate is applicable in the particular case.
2024/03/18
Committee: LIBE
Amendment 87 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 4
4. For the purposes of paragraph 1, point (c), a decrease in cooperation on readmission with a third country listed in Annex II shall mean a substantialn increasing rate, substantiated by adequate data, in theof refusal rate of readmission applications submitted by a Member State to that third country for its own nationals or, where a readmission agreement concluded between the Union or that Member State and that third country so provides, for third-country nationals having transited through that third country.
2024/03/18
Committee: LIBE
Amendment 88 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 5 – point a
(a) refusing or failing to process readmission applications in due time, failing to assist timely in identification of third country nationals staying in a Member State’s territory without a right to do so;
2024/03/18
Committee: LIBE
Amendment 91 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 5 – point b
(b) failing to issue travel documents in due time for the purposes of returning within the deadlines set out in the readmission agreement or refusing to accept European travel documents issued following the expiry of the deadlines set out in the readmission agreement, or otherwise creating persisting practical obstacles regarding the execution of readmission decisions;
2024/03/18
Committee: LIBE
Amendment 94 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation 2018/1806
Article 8a – paragraph 5 – point c
(c) terminating or suspend, suspending or otherwise undermining the readmission agreement concluded between a third country listed in Annex II and the Union.
2024/03/18
Committee: LIBE
Amendment 97 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 1
1. A Member State may notify the Commission if it is confronted, over a period of at least two months, compared with either the same period in the preceding year or the last two months prior to the implementation of the exemption from the visa requirement for nationals of a third country listed in Annex II, with one or more of the circumstances amounting to the grounds for suspension referred to in Article 8a(1), points (a), (b), (c), and (d)(i).
2024/03/18
Committee: LIBE
Amendment 101 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 2
2. The notification referred to in paragraph 1 of this Article shall state the reasons on which it is based and shall include relevant data and statistics as well as a detailed explanation of the preliminary measures that the Member State concerned has taken with a view to remedying the situation. In its notification, the Member State concerned may specify the categories of nationals of the third country concerned which are to be covered by an implementing act under Article 8e(1), specifying the detailed reasons for doing so. In exceptional circumstances that require immediate action, Member States may notify the Commission concerning the circumstances in Article 8a(1) covering a period shorter than two months, provided that a detailed justification of the acute response needed is stated by those Member States concerned.
2024/03/18
Committee: LIBE
Amendment 105 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 4 – point a
(a) whether any of the circumstances amounting to the grounds referred to in Article 8a(1), points (a), (b), (c), or (d)(i) exist;
2024/03/18
Committee: LIBE
Amendment 113 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8c – paragraph 1a (new)
1 a. In its monitoring and analysis, the Commission shall be informed by the European Border and Coast Guard, the European Union Agency for Asylum, the European Union Agency for Law Enforcement Cooperation (Europol) or any other relevant institution, body, office or agency of the Union. It shall also take into account data stored in the Visa Information System (VIS), Schengen Information System (SIS II), Entry/Exit System (EES), European Travel Information and Authorisation System (ETIAS), and European Criminal Records Information System for Third- Country Nationals (ECRIS-TCN).
2024/03/18
Committee: LIBE
Amendment 115 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 1
1. The Commission shall report to the European Parliament and to the Council on the monitoring conducted in accordance with Article 8c(1) with regard to the third countries which have been listed in Annex II as a result of the successful conclusion of a visa liberalisation dialogue conducted between the Union and that third country, at least once a year and for a period of seven years after the date of entry into force of visa liberalisation for those third countries, and thereafter whenever the Commission considers it to be necessary, or upon request by the European Parliament or by the Council. The report shall focus on the third countries which the Commission considers, based on concrete and reliable information, as no longer complying with certain specific requirements, which are based on Article 1 and which were used to assess the appropriateness of granting visa liberalisation.
2024/03/18
Committee: LIBE
Amendment 116 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 1a (new)
1 a. The Commission shall conduct this reporting periodically, thereby ensuring that each third country shall be reported on at least once within a four- year period.
2024/03/18
Committee: LIBE
Amendment 117 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 1b (new)
1 b. For those third countries which have been listed as a result of the successful conclusion of a visa liberalisation dialogue conducted between the Union and that third country, the Commission shall report on an annual basis for a period of seven years after the date of entry into force of visa liberalisation for those third countries.
2024/03/18
Committee: LIBE
Amendment 118 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 1c (new)
1 c. Whenever the Commission considers it necessary, it shall report on the third countries which the Commission considers, based on concrete and reliable information, as no longer complying with certain specific requirements, which are based on Article 1 and which were used to assess the appropriateness of granting visa liberalisation.
2024/03/18
Committee: LIBE
Amendment 119 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 2
2. The Commission shall also report, whenever it considers it to be necessary, or upon request by the European Parliament or by the Council, on third countries listed in Annex II other than the ones referred to in paragraph 1 of this Article.
2024/03/18
Committee: LIBE
Amendment 128 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8e – paragraph 2
2. On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 11(4), temporarily suspending the exemption from the visa requirement for the nationals of the third country concerned for a period of 12 months. In such cases, the Commission shall inform the Council and Parliament openly, comprehensively, and consistently throughout the procedure.
2024/03/18
Committee: LIBE
Amendment 129 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8e – paragraph 3
3. During the period of suspension, the Commission shall establish an enhanced dialogue with the third country concerned with a view to remedying the circumstances in question. Without prejudice to the application of Article 6, during the period of suspension, the nationals of the third country concerned shall be required to be in possession of a visa when crossing the external borders of the Member States.
2024/03/18
Committee: LIBE
Amendment 44 #

2023/0079(COD)

Proposal for a regulation
Recital 1
(1) Access to raw materials is essential for the Union economy and the functioning of the internal market. There is a set of non-energy, non-agricultural raw materials that, due to their high economic importance and their exposure to high supply risk, often caused by a high concentration of supply from a few third countries, are considered critical. Often, these third countries are ruled by non-democratic regimes and leverage their resources to exert undue influence on the Union or even as coercive mechanisms against the Union. Given the key role of many such critical raw materials in realising the green and digital transitions, and in light of their use for security and defence and space applications, demand will increase exponentially in the coming decades. At the same time, the risk of supply disruptions is increasing against the background of rising geopolitical tensions and resource competition, both within the EU and with our strategic partners. Furthermore, if not managed properly, increased demand for critical raw materials could lead to negative environmental and social impacts. Considering these trends, it is necessary to take measures to ensure access to a secure and sustainable supply of critical raw materials to safeguard the Union's economic resilience and open, security and long term strategic autonomygoals.
2023/06/12
Committee: AFET
Amendment 53 #

2023/0079(COD)

(2a) Once the Union has created its common strategy and framework, it is necessary to have a structured dialogue with our strategic partners, especially the US, to share the needs analysis and mapping of resources and extraction of critical raw materials, to avoid a harmful race between partners, and, moreover, to pool capacity in obtaining mutually beneficial access to critical raw materials.
2023/06/12
Committee: AFET
Amendment 59 #

2023/0079(COD)

Proposal for a regulation
Recital 3
(3) Firstly, in order to effectively ensure the Union's access to a secure and sustainable supply of critical raw materials, that framework should include measures to decrease the Union's growing supply risks by strengthening Union capacities along all stages of the strategic raw materials value chain, including extraction, processing and recycling, towards benchmarks defined for each strategic raw material. Secondly, as the Union will continue to rely on imports, the framework should include measures to increase the diversification of external supplies of strategic raw materials, and derisking from China, as its regime poses a great long-term risk for the EU. Thirdly, is necessary to provide measures to reinforce the Union’s ability to monitor and mitigate existing and future supply risks. Fourthly, the framework should contain measures to increase the circularity and sustainability of the critical raw materials consumed in the Union.
2023/06/12
Committee: AFET
Amendment 63 #

2023/0079(COD)

Proposal for a regulation
Recital 5
(5) The list of critical raw materials should contain all strategic raw materials as well as any other raw materials of high importance for the overall Union economy and for which there is a high risk of supply disruption, naturally or intentionally. To take account of possible technological and economic changes, the Commission should, in continuation of current practice, periodically perform an assessment based on data for production, trade, applications, recycling, and substitution for a wide range of raw materials to update the lists of critical and strategic raw materials reflecting the evolution in the economic importance and supply risk associated with those raw materials. The list of critical raw materials should include those raw materials which reach or exceed the thresholds for both economic importance and supply risk, without ranking the relevant raw materials in terms of criticality. This assessment should be based on an average of the latest available data over a 5-year-period. The measures set out in this Regulation related to one stop shop for permitting, planning, exploration, monitoring, circularity, and sustainability should apply to all critical raw materials.
2023/06/12
Committee: AFET
Amendment 69 #

2023/0079(COD)

Proposal for a regulation
Recital 7
(7) For some raw materials, the Union is almost fully dependent on a single country for its supply. Such dependencies entail a high risk of supply disruptions. To limit such potential risk and increase the Union’s economic resilience, efforts should be undertaken to ensure that, by 2030, it is not dependent on a single third country for more than 645% of its supply of any strategic raw material, unprocessed and at any stage of processing, giving however special consideration to countries with whom the Union has established a Strategic Partnership on raw materials giving rise to greater assurances regarding supply risks. Furthermore, dependencies should be gradually reduced and bought to a minimum when they tie us to non- democratic countries who actively challenge the rules-based international system.
2023/06/12
Committee: AFET
Amendment 76 #

2023/0079(COD)

Proposal for a regulation
Recital 11
(11) In order to ensure the sustainability of increased raw material production, new raw materials projects should be implemented sustainably. To that end, the Strategic Projects receiving support under this Regulation should be assessed taking into account international instruments covering all aspects of sustainability highlighted in the EU principles for sustainable raw materials31 , including ensuring environmental protection, socially responsible practices, including respect for human rights such as the rights of women, and transparent business practices. Projects should also ensure engagement in good faith as well as comprehensive, pragmatic and meaningful consultations with local communities, including with indigenous peoples. To provide project promoters with a clear and efficient way of complying with this criterion, compliance with relevant Union legislation, international standards, guidelines and principles or participation in a certification scheme recognised under this Regulation should be considered sufficient. The project promoters should have a deep understanding of the country they are negotiating with, build a relationship with the local communities and truly understand their needs, input and ouput to the project. The EU needs to build long-term partnerships that go beyond the sole purpose of accesing raw materials, but create diplomatic ties in a deeply polarized geopolitical context. _________________ 31 European Commission, Directorate- General for Internal Market, Industry, Entrepreneurship and SMEs, EU principles for sustainable raw materials, Publications Office, 2021, https://data.europa.eu/doi/10.2873/27875
2023/06/12
Committee: AFET
Amendment 81 #

2023/0079(COD)

Proposal for a regulation
Recital 13
(13) To ensure the effective and efficient treatment of applications, the Commission should be able prioritise the processing of applications for projects related to specific underrepresented value chain stages or strategic raw materials, in order to be able to ensure the Union's balanced progress towards all benchmark for Union capacity included in this Regulation. The Commission should also proactively seek out partner countries to promote strategic collaborations.
2023/06/12
Committee: AFET
Amendment 85 #

2023/0079(COD)

Proposal for a regulation
Recital 20
(20) In order to reduce complexity and increase efficiency and transparency in permitting process, project promoters of critical raw materials projects should be able to interact with a single national authority, which is responsible for facilitating and coordinating the entire permit granting process and in the case of Strategic Projects shall issue a comprehensive decision within the applicable time limit. To that end, Member States should designate a single national competent authority. Where needed in light of a Member State's internal organisation, the tasks of the national competent authority should be able to be delegated to a different authority, subject to the same conditions. To ensure the effective implementation of its responsibilities, Member States should provide their national competent authority, or any authority acting on its behalf, with sufficient qualified personnel and resources.
2023/06/12
Committee: AFET
Amendment 95 #

2023/0079(COD)

Proposal for a regulation
Recital 46
(46) To address the current lack of information on the critical raw materials potential of closed extractive waste facilities, Member States should draw up a database containing all information relevant to promote the recovery, notably the quantities and concentrations of critical raw materials in the extractive waste facility, in compliance with Union competition rules. The information should be made publicly available and in a user- friendly and digital form, enabling access to more detailed, technical information. To facilitate interactive, user-friendly access to the information, Member States should for instance provide a point of contact to enable more in-depth exchanges with potential developers of critical raw materials recovery projects. The database should be designed to allow potential project promoters to easily identify facilities with a high potential for economically viable recovery. To focus limited resources, Member States should follow a staged approach in the collection of information and perform the more demanding information collection steps only for the most promising facilities. The information collection activities should be aimed at providing accurate and representative information on the extractive waste facilities and gaining the best possible indication of the critical raw materials recovery potential.
2023/06/12
Committee: AFET
Amendment 110 #

2023/0079(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. The general objective of this Regulation is to improve the functioning of the internal market by establishing a framework to ensure the Union's access to a secure and sustainable supply of critical raw materials, while strengthening existing democratic partnerships and creating new diplomatic ties with the Global South.
2023/06/12
Committee: AFET
Amendment 118 #

2023/0079(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
(ba) reduce dependencies on non- democratic systemic rivals such as China;
2023/06/12
Committee: AFET
Amendment 138 #

2023/0079(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
(ba) the project would contribute to reducing European Union dependency on non-democratic systemic rivals;
2023/06/12
Committee: AFET
Amendment 146 #

2023/0079(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) for projects in third countries that are emerging markets or developing economies, the project would be mutually beneficial for the Union and the third country concerned by adding value in that country, as also measured by the third country following pragmatic consultations.
2023/06/12
Committee: AFET
Amendment 150 #

2023/0079(COD)

3. Where the Commission considers that information provided in the application is incomplete, it shall give the applicant the opportunfurther clarifications regarding the missing information and the possibility to submit the additional information required to complete the application in a timely manner.
2023/06/12
Committee: AFET
Amendment 152 #

2023/0079(COD)

Proposal for a regulation
Article 6 – paragraph 9
9. Projects which are no longer recognised as Strategic Projects shall lose all rights connected to that status under this Regulation. The project promoter shall ensure that no sensitive or classified information about EU critical raw materials is made publicly available on the website beyond what is required for fulfilling the transparency obligations in this paragraph.
2023/06/12
Committee: AFET
Amendment 165 #

2023/0079(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point a a (new)
(aa) expedited processing of bureaucratic requirements directly related to the granting of Strategic Project status and the implementation of the Project;
2023/06/12
Committee: AFET
Amendment 168 #

2023/0079(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) the permit-granting process and related bureaucratic processes required for obtaining the permit;
2023/06/12
Committee: AFET
Amendment 169 #

2023/0079(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. Each Member State shall draw up a national programme for general exploration targeted at critical raw materials. Each Member State shall draw up the first such programme by [OP please insert: 1 year after the date of entry into force of this Regulation]. The national programmes shall be reviewed and, if necessary, updated, at least every 53 years.
2023/06/12
Committee: AFET
Amendment 175 #

2023/0079(COD)

Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1
The Commission, in collaboration with the national authorities participating in the standing sub-group referred to in Article 35(6), point (c), shall ensure that a stress test is performed for each strategic raw material’s supply chain at least every threewo years. To that end, the standing sub-group referred to in Article 35(6), point (c) shall coordinate and divide the implementation of stress tests for the different strategic raw materials by the different participating authorities.
2023/06/12
Committee: AFET
Amendment 177 #

2023/0079(COD)

Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point a a (new)
(aa) whether the raw meterials are controlled by non-democratic systemic rivals and the extent to which the Union is dependent on the given raw material;
2023/06/12
Committee: AFET
Amendment 180 #

2023/0079(COD)

Proposal for a regulation
Article 19 – paragraph 4 a (new)
4a. The Commission shall ensure that no sensitive or classified information received from Member States or aggregated from the Member States relating to Member States or EU critical raw materials strategic vulnerabilities or resilience is published on this website.
2023/06/12
Committee: AFET
Amendment 184 #

2023/0079(COD)

Proposal for a regulation
Article 24 – paragraph 5 – point b a (new)
(ba) directly or indirectly owned or controlled by, or acting on behalf or at the direction of non-democratic countries designated as systemic rivals of the European Union controling more than 50% of the supply for the given strategic raw material.
2023/06/12
Committee: AFET
Amendment 222 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv a (new)
(iva) the potential to build new partnerships and create a mutualy beneficial cooperation with long-term geopolitical gains;
2023/06/12
Committee: AFET
Amendment 223 #

2023/0079(COD)

1a. reducing strategic dependencies for critical raw materials on non- democratic systemic rivals of the Union;
2023/06/12
Committee: AFET
Amendment 230 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 3 – point b a (new)
(ba) seek to reduce their bilateral strategic dependencies on non-democratic systemic rivals;
2023/06/12
Committee: AFET
Amendment 235 #

2023/0079(COD)

Proposal for a regulation
Article 35 – paragraph 6 a (new)
6a. a sub-group bringing together Member States representatives and representatives of EU strategic partners to coordinate and explore avenues for cooperation and coordination in achieving the strategic objectives of this Regulation, including by leveraging strategic coordination fora such as the EU-US Trade and Technology Council.
2023/06/12
Committee: AFET
Amendment 57 #

2022/2205(INI)

Motion for a resolution
Recital C
C. whereas Türkiye remains a candidate for EU accession, a NATO ally and a key trade and economic partner, as well as a key partner on migration; partner in security and counter- terrorism, trade and economic relations, and migration; whereas Türkiye is the EU’s sixth largest trade partner while the EU is Türkiye’s largest trade partner; whereas trade between Türkiye and Russia nearly doubled since the imposition of European sanctions against Russia; whereas Türkiye is a key member in NATO and has an instrumental geopolitical role to play in the region, in particular regarding the Russian War in Ukraine; whereas CSFP alignment has deteriorated from 14% to 7%, as Türkiye continues to cultivate ties to Russia instead of seeking alignment with the EU´s position;
2023/06/26
Committee: AFET
Amendment 67 #

2022/2205(INI)

Motion for a resolution
Recital D
D. whereas Türkiye has been gradually moving further away from the EU’s values and normative framework, as exemplified by an increasing number of laws and measures curtailing fundamental freedoms and human rights; whereas EU accession negotiations have effectively been at a standstill since 2018, due to the deterioration of rule of law and democracy in Türkiye;
2023/06/26
Committee: AFET
Amendment 104 #

2022/2205(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas Türkiye is a member of the Council of Europe and is therefore bound by the judgements of the ECtHR;
2023/06/26
Committee: AFET
Amendment 110 #

2022/2205(INI)

Motion for a resolution
Paragraph 1
1. Takes note of the results of the recent presidential and parliamentary elections in Türkiye and considers them a sign foreboding political continuity in the country; acknowledges the peaceful manner in which the Turkish people conducted this process and applaudnotes that the elections were largely peaceful, despite isolated instances of violence, primarily against opposition supporters and welcomes the high turnout; regrets, however, that, as reflected by the OSCE/ODIHR election observation mission, the elections did not takbiased media coverage and the placek onf a level playing field and were impactgave an unjustified, among other things, by essential freedoms being heavily hindered by the current legal framework and practicedvantage to the incumbent; regrets that harsher rhetoric, inflammatory and discriminatory language, including against minorities, and by the unjustified advantage enjoyed by the ruling partiecontinued intimidation and harassment of supporters of some opposition parties undermined the process;
2023/06/26
Committee: AFET
Amendment 113 #

2022/2205(INI)

Motion for a resolution
Paragraph 2
2. Reiterates its profound sadness about the deadly, devastating earthquakes that shook south-eastern Türkiye and Syria on 6 February 2023 and its heartfelt condolences to the victims’ families; welcomes the international relief and recovery effort, including particular by the EU and its Member States, which has demonstrated strong European solidarity with the Turkish people; believes that the EU should continue to support the people of Türkiye for its humanitarian needs and reconstruction efforts; underlines that European solidarity could lead to a tangible improvement in relations between the EU and Türkiye;
2023/06/26
Committee: AFET
Amendment 116 #

2022/2205(INI)

Motion for a resolution
Paragraph 2
2. Reiterates its profound sadness about the deadly, devastating earthquakes that shook south-eastern Türkiye and Syria on 6 February 2023 and its heartfelt condolences to the victims’ families; welcomes the international relief and recovery effort, the organization of the International Donor's conference for earthquake victims in Turkey and Syria in Brussels and the pledge of 6 billion euros of humanitarian aid for recovery and reconstruction in Turkey, including by the EU and its Member States;
2023/06/26
Committee: AFET
Amendment 127 #

2022/2205(INI)

Motion for a resolution
Paragraph 3
3. Is of the opinion that the Russian war of aggression against Ukraine continues to impact EU-Türkiye relations in ways that are yet to unfoldas Türkiye attempts to uphold ties to both the West and Russia simultaneously; regrets and is deeply concerned that Türkiye’s alignment with the EU CFSP decreased from 14% to 7% in the context of the Russian War in Ukraine; therefore, calls on Türkiye to make significant steps on alignment to the EU’s CSFP as soon as possible, including on sanctions and the anti-circumvention of sanctions, as Türkiye has an instrumental key role to play in further isolating Russia and strategically weakening its war efforts; reiterates its appreciation for Türkiye’s role as an early mediator between Ukraine and Russia and the key part played by Türkiye in brokering and keeping alive the Black Sea Grain Initiative, which has been crucial in helping to counter a severe global hunger crisis;
2023/06/26
Committee: AFET
Amendment 130 #

2022/2205(INI)

Motion for a resolution
Paragraph 3
3. IDeplores Turkey’s weak level of alignment on the EU foreign and security policy; is of the opinion that the Russian war of aggression against Ukraine continues to impact EU-Türkiye relations in ways that are yet to unfold; reiterates its appreciation for Türkiye’s role as an early mediator between Ukraine and Russia andwelcomes Türkiye’s aim to facilitate talks between Ukraine and Russia and reiterates its appreciation for the key part played by Türkiye together with the UN in brokering and keeping alive the Black Sea Grain Initiative, which has been crucial in helping to counter a severe global hunger crisis;
2023/06/26
Committee: AFET
Amendment 138 #

2022/2205(INI)

Motion for a resolution
Paragraph 4
4. AcknowledgeNotes that the trade between Türkiye and Russia nearly doubled since the start of the War in Ukraine, and that there is an elevated risk that sanctioned goods and technologies, such as semiconductors, could pass through Turkish territory; Acknowledges Türkiye´s decision to halt the transit of sanctioned goods as well as the partial measures taken in recent months by the Turkish authorities to prevent the re- exportation to Russia of goods covered by EU sanctions, but urges them to go further in order to ensure that Türkiye stops being a hub for entities and individuals that wish to circumvent such sanctions; ; however, urges Türkiye to fully ensure that circumvention of sanctions shall never take place on its territory, and that it shall take all necessary steps to stop circumvention, including by punishing entities and individuals; in this regard, calls on the Commission to investigate the increase in trade between Russia and Türkiye and assess the relevant trade flows that could point towards circumvention of sanctions; is concerned about the presence of an increasing number of Russian citizens in Turkey, such as oligarchs, that take up residency in Türkiye, acquire citizenship, and invest their capital in real estate, and calls on Türkiye to avoid becoming a safe haven for Russian oligarchs;
2023/06/26
Committee: AFET
Amendment 145 #

2022/2205(INI)

Motion for a resolution
Paragraph 4
4. Acknowledges the partial measures taken in recent months by the Turkish authorities to prevent the re-exportation to Russia of goods covered by EU sanctions, but urges them to go further in order to ensure that Türkiyeby implementing regulatory and legislative changes in order to legally entrench Türkiye’s commitment to stops being a hub for entities and individuals that wish to circumvent such sanctions;
2023/06/26
Committee: AFET
Amendment 154 #

2022/2205(INI)

Motion for a resolution
Paragraph 5
5. Deplores, against the backdropStrongly deplores, in the context of the war, the delaying of the ratification of Sweden’s NATO accession, following the previous delay of Finland’s NATO accession, which has only playsed into Russia’s hands; invites the Turkish authorities to deliver on their promise of a more constructive partnership in NATO and to ratify Sweden’s NATO membership in the Grand National Assembly as early as possiblcalls on Türkiye, following the ratification of Finland’s NATO membership in March, to also ratify Sweden’s NATO membership without any further delay, as now is the time to show unity and strength within NATO and further isolate Russia; calls on the Turkish government to overcome any tensions with NATO allies by halting actions that go against the collective interests of the alliance, such as its destabilising involvement in various conflicts in the region; calls on the EEAS to intensify transatlantic dialogue and cooperation with the Biden administration as regards the relations with Türkiye;
2023/06/26
Committee: AFET
Amendment 164 #

2022/2205(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Is concerned about foreign interference by the Turkish state in EU Member States which is directed towards European citizens of Turkish origins, such as in the Netherlands, where 40% of the Dutch-Turkish citizens have expressed the need to receive more protection against this foreign interference; calls on the Commission to implement the recommendations of the ING2 Committee in the Defence of Democracy Package to counter foreign interference by foreign authorities; calls on the EEAS StratCom divisions to document suspicions of Turkish disinformation directed at the EU and to report its findings to the European Parliament;
2023/06/26
Committee: AFET
Amendment 165 #

2022/2205(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Takes note with deep concern of reports about Turkey’s violation of the UN arms embargo in Libya; deplores the persistent absence of efficient cooperation between NATO Operation Sea Guardian and EU Operation IRINI, due to Turkey’s opposition to this cooperation, which is detrimental to the implementation of the UN arms embargo;
2023/06/26
Committee: AFET
Amendment 167 #

2022/2205(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Regrets that the unresolved conflict in Cyprus continues to be a major obstacle to EU-Türkiye relations and reaffirms that the only viable solution is a settlement on the basis of a bi-communal and bi-zonal federation;
2023/06/26
Committee: AFET
Amendment 168 #

2022/2205(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Condemns the air strikes and repeated attacks against the autonomous Kurdistan region of Iraq, which disregard Iraq's sovereignty;
2023/06/26
Committee: AFET
Amendment 169 #

2022/2205(INI)

Motion for a resolution
Paragraph 5 c (new)
5c. Commends Türkiye’s efforts to continue hosting the largest refugee population in the world of almost 4 million people; welcomes, in this regard, the continued provision of EU funding for refugees and host communities in Türkiye and expresses its strong commitment to sustain this in the future; recognizes the migratory pressure Türkiye is facing, but firmly objects to any instrumentalisation of migrants by the Turkish government;
2023/06/26
Committee: AFET
Amendment 170 #

2022/2205(INI)

Motion for a resolution
Paragraph 5 c (new)
5c. Condemns the air strikes and the recent retaliatory strikes in Northern Syria; recalls that these actions put the gains of the Global Coalition against Daesh made in the fight against the Islamic State in jeopardy; reiterates that ground incursion into Syria would have grave implications for international security;
2023/06/26
Committee: AFET
Amendment 191 #

2022/2205(INI)

Motion for a resolution
Paragraph 7
7. Is dismayed byDeeply regrets the fact that, far from the negative trend stopping or being reversed, the democratic backsliding in Türkiye has continued in the last year, with new legal reforms and a relentless crackdown on any critical voice, particularly ahead of and during the recent elections; affirms with regret that Türkiye has now become a global showcase for all kinds of authoritarian practices; is deeply concerned that members of the opposition have come under increasing pressure, in certain cases leading to imprisonment; condemns the high number of imprisoned journalists and media employees; deplores the increasing online restrictions and censorship imposed by the Disinformation Law;
2023/06/26
Committee: AFET
Amendment 203 #

2022/2205(INI)

Motion for a resolution
Paragraph 8
8. Remains deeply concerned about the lack of independence of the judiciary, the continued breach of the obligation to abide by the landmark rulings of the European Court of Human Rights, the serious restrictions on fundamental freedoms – particularly freedom of expression and of association – and the constant attacks on the fundamental rights of members of the opposition, lawyers, journalists, academics and civil society activists and in particular human rights defenders in Türkiye; is particularly worried by the continued crackdown on Kurdish politicians, journalists, lawyers and artists; expresses concern about as well as the deterioration of the rights of women and the constant targeting and harassment of LGBTI+ people, both of whom could see their rights further curtailed by the possible amendments to Türkiye’s constitution; is in particular worried about the issue of domestic violence against women and so- called “honour killings”, in the context of Türkiye’s withdrawal from the Istanbul Convention, as well as the increased targeted attacks or hate speech including by high-ranking officials and politicians towards LGBTI+ people; expresses the expectation that civil society activists, in particular human rights defenders, will have the possibility to carry out their work freely, as this could strengthen the Turkish democracy; is deeply committed to provide support to Turkish citizens and civil society organisations that promote European norms and values;
2023/06/26
Committee: AFET
Amendment 226 #

2022/2205(INI)

Motion for a resolution
Paragraph 10
10. Concludes that the Turkish Government has no interest in closing the persistent and growing gap between Türkiye and the EU on values and standards, as it has shown, for the past few years, a clear lack of political will to carry out the necessary reforms to address, in particular, the serious concerns about regarding the rule of law and fundamental rights that continue to negatively affect the country’s EU accession process; furthermore, concludes that the Turkish government has not shown any interest to respect and uphold the Copenhagen criteria and to align itself with EU policies and objectives; underlines, in this regard, that accession negotiations cannot be resumed;
2023/06/26
Committee: AFET
Amendment 233 #

2022/2205(INI)

Motion for a resolution
Paragraph 11
11. Expresses deep concerns about the continued proper funcdeteriorationing of Türkiye’s market economy, particularly with regard to the conduct of monetary and fiscal policies, and the institutional and regulatory environment; is concerned about the direct interference by the Turkish president in monetary policy; is of the opinion that Türkiye will need to implement reforms that will address the vulnerabilities of its economy and currency, such as the unprecedented high level of inflation;
2023/06/26
Committee: AFET
Amendment 254 #

2022/2205(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Encourages once again Türkiye to recognise the Armenian Genocide, thus paving the way for a genuine reconciliation between the Turkish and Armenian people; calls on Turkey, in this regard, to refrain from any anti- Armenian propaganda and hate speech, to fully respect its obligations to protect Armenian and other cultural heritage and to exercise its influence on Azerbaïdjan in order to encourage a peaceful settlement between Erevan and Baku;
2023/06/26
Committee: AFET
Amendment 272 #

2022/2205(INI)

Motion for a resolution
Paragraph 13
13. Welcomes the overall de-escalation of tensions observed in the eastern Mediterranean in recent times, particularly in the wake of the February earthquakes,; expresses solidarity with EU member states which have suffered from these tensions and expresses its hope that a possible new era in Türkiye’s foreign policy might yield positive results in the bilateral relations between Türkiye and all EU Member States; reiterates its long- standing support for a solution to the Cyprus problem on the basis of a bi- communal, bi-zonal federation and reaffirms its positions on the matter expressed in its resolution of 7 June 2022;
2023/06/26
Committee: AFET
Amendment 349 #

2022/2205(INI)

Motion for a resolution
Paragraph 14
14. Reiterates its firm conviction that Türkiye is a country of strategic relevance in political, economic and foreign policy terms, a key partner for the stability of the wider region and a vital ally, including within NATO, and reaffirms that the EU is committed to pursuing the best possiblpositive relations with Türkiye based on dialogue, respect and mutual trust;
2023/06/26
Committee: AFET
Amendment 354 #

2022/2205(INI)

Motion for a resolution
Paragraph 15
15. Considersmes to the conclusion, in view of all the above, that in the absence of a drastic change of course by the Turkish Government, Türkiye’s EU accession process has lost its purpose and will not endure much longer in the current circumstancesTürkiye has drifted far away from the Copenhagen criteria, with no positive change foreseen on the short or midterm, and that Türkiye’s EU accession process has lost its purpose; therefore, concludes that the accession negotiations with Turkey cannot be resumed; recommends, in that case, starting a reflection process to find an alternative and realistic framework for EU- Türkiye relations in substitution for the accession process; calls on the Commission, therefore, to explore possible formats for a mutually appealing framework through a comprehensive and inclusive process, such as an update of the Association Agreement, through a comprehensive and inclusive process; calls for an opening in the relations after the solidarity shown following the earthquake, and to use this new momentum to break the current deadlock and move forward towards a closer, more dynamic and strategic partnership that works beneficially for both parties by modernizing and enhancing the current Association Agreement, which could include provisions inter alia on rule of law, human rights, fundamental freedoms, migration, and trade;
2023/06/26
Committee: AFET
Amendment 396 #

2022/2205(INI)

Motion for a resolution
Paragraph 18
18. Reaffirms its support for an upgraded c mutually beneficial modernization of the Customs uUnion with a broader, mutually beneficial scopen effective dispute settlement mechanism, which could encompass a wide range of areas of common interest, including digitalisation and Green Deal alignment; insists that such a modernisation would need to be based on strong conditionality related to human rights and the aforementioned principles; stresses that both parties must be fully aware of this democratic conditionality from the outset of any negotiations, as Parliament will not give its consent to the final agreement if no progress is made in this field; remains ready to advance towards visa liberalisation as soon as the Turkish authorities fulfil the six outstanding benchmarks;
2023/06/26
Committee: AFET
Amendment 74 #

2022/2204(INI)

Motion for a resolution
Paragraph 2
2. RStrongly regrets that Serbia’s continued low level of alignment with the CFSP, in particular in the has still not aligned with EU sanctions following Russia’s invasion of Ukraine; stresses that Serbia is one of the very few European countext of the Russian war on Ukraine; underlines the fact that, as a candidate country, Serbia must adhere to the EU’s principles and policies, and alignment with a warmongering autocratic regime is unacceptableries not aligning with EU sanctions against Russia; calls on the relevant authorities to swiftly show unambiguous commitment to EU values, standards and rules and to urgently align with the EU’s decisions and positions in foreign and security policy, including a swift and full alignment with restrictive measures against Russia, including sanctions on individuals, groups and entities;
2023/02/20
Committee: AFET
Amendment 79 #

2022/2204(INI)

Motion for a resolution
Paragraph 2
2. Regrets Serbia’s continued low level of alignment with the CFSP, in particular in the context of the Russian war on Ukraine; urges Serbian authorities to ensure that the sanctions decided by the EU against Russia and Belarus are as effective as possible, by seeking out and countering any circumvention or attempted circumvention of these sanctions; underlines the fact that, as a candidate country, Serbia must adhere to the EU’s principles and policies, and alignment with a warmongering autocratic regime is unacceptable;
2023/02/20
Committee: AFET
Amendment 96 #

2022/2204(INI)

Motion for a resolution
Paragraph 3
3. Notes Serbia’s alignment with the EU in voting in favour of relevant UN General Assembly resolutions and Russia’s suspension from the Human Rights Council; regrets, however, the fact that Serbia has consistently failed to align with the EU’s restrictive measures against Russia; deplores Serbia’s close relationship with Russia, which is an aggressor against Ukraine;
2023/02/20
Committee: AFET
Amendment 100 #

2022/2204(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Welcomes Serbia’s alignment with EU restrictive measures against Belarus for its role in the Russian invasion of Ukraine, as well as measures against the former Ukrainian leadership; regrets, however, that the Government of Serbia chose not to publicly announce its decision to align with these measures;
2023/02/20
Committee: AFET
Amendment 103 #

2022/2204(INI)

Motion for a resolution
Paragraph 4
4. Regrets the fact that key components of Serbian foreign policy run directly counter to EU positions, including the signature of agreements setting out joint foreign policy priorities between Serbia and Russia for 2023-2024 and meetings with senior officials from Russia who are on the EU sanctions list; is concerned by the appointment of the Director of the Security Intelligence Agency, who is known for his anti-EU and pro-Kremlin rhetoric and in the past has shared with the Russian authorities information about meetings of the Russian opposition in exile; stresses that this appointment poses a threat to democratic practices and human rights and thus further distances Serbia from European security policies;
2023/02/20
Committee: AFET
Amendment 108 #

2022/2204(INI)

Motion for a resolution
Paragraph 4
4. RDeeply regrets the fact that key components of Serbian foreign policy run directly counter to EU positions, including the signature of agreements setting out joint foreign policy priorities between Serbia and Russia for 2023-2024 and meetings with senior officials from Russia who are on the EU sanctions list; is concerned by the appointment of the Director of the Security Intelligence Agency, who is known for his anti-EU and pro-Kremlin rhetoric;
2023/02/20
Committee: AFET
Amendment 111 #

2022/2204(INI)

Motion for a resolution
Paragraph 4 b (new)
4 b. Expresses concern about allegations of wiretapping of members of the Russian opposition in Belgrade by the Serbian authorities and the alleged subsequent transfer of the material to Russian security services; stresses that any cooperation contributing to authoritarian and anti-democratic practices in either Russia or Serbia would be detrimental to the future of EU-Serbia relations;
2023/02/20
Committee: AFET
Amendment 112 #

2022/2204(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Regrets Serbia’s engagement with the authoritarian regime in Iran and hosting its high-level representatives in Belgrade at the same time as the Iranian regime is brutally repressing mass protests of its citizens, killing women, including minor girls, and those who are fighting for their rights;
2023/02/20
Committee: AFET
Amendment 120 #

2022/2204(INI)

Motion for a resolution
Paragraph 5
5. Expresses concern about the 5. decreasing public support for EU membership in Serbia; regrets that the EU’s calls for Serbia to respect its commitments as a candidate country have been portrayed as blackmail by the highest Serbian officials; urges both Serbian and EU officials to actively communicate the benefits of EU membership as a matter of priority; deplores that many media outlets, including national television channels, are strongly biased against the EU and in favour of Russia in their reporting; remains concerned that publicly financed media outlets, often quoting office- holders, contribute to the dissemination of anti-EU rhetoric in Serbia;
2023/02/20
Committee: AFET
Amendment 125 #

2022/2204(INI)

Motion for a resolution
Paragraph 5
5. Expresses concern about the decreasing public support for EU membership in Serbia and anti-EU declarations by country’s politicians;
2023/02/20
Committee: AFET
Amendment 127 #

2022/2204(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Is concerned that public support for EU membership in Serbia has been significantly lower than in the rest of the region and that according to the latest polls a majority of Serbian citizens are against joining the European Union; calls on Serbian political leaders to more actively and unambiguously communicate their commitment to EU values in public debate and to engage with Serbian citizens beyond the major cities on the tangible benefits of EU accession; reiterates its concerns about the publicly funded media’s role in the dissemination of anti-EU rhetoric; invites the National Assembly to support Serbia’s European future, inter alia through its own strategic communication; reiterates the European Parliament’s readiness to take part in communication activities together with Serbian MPs in order to bring the EU and Serbia closer together; calls on certain government officials to stop supporting anti-EU disinformation campaigns;
2023/02/20
Committee: AFET
Amendment 129 #

2022/2204(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Is concerned that since the publication of the European Commission 2020 Report on Serbia there has been no improvement in the assessment of the overall state of play across 33 negotiating chapters and that, in 2022, the Commission did not detect “good progress” in any chapter;
2023/02/20
Committee: AFET
Amendment 141 #

2022/2204(INI)

Motion for a resolution
Paragraph 6
6. Notes the initial steps taken by Serbia to align with the EU’s list of non- EU countries whose nationals require visas for the EU and calls for; recalls that such alignment is of crucial importance for overall EU- Serbia relations, including on migration management and on the sustainability of the visa-free regime; stresses the urgent need for immediate further alignment;
2023/02/20
Committee: AFET
Amendment 154 #

2022/2204(INI)

Motion for a resolution
Paragraph 7
7. Notes the approval of the amendments to the Serbian constitution and stresses that the reform process should continue as a matter of priority; notes the need to associate closely the population to the process of reform to increase its democratic legitimacy and prevent backlashes; deplores the low turn-out to the referendum;
2023/02/20
Committee: AFET
Amendment 181 #

2022/2204(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the participation of all relevant political actors in the early parliamentary elections, resulting in a more pluralistic parliament; regrets, however, the delays in the formation of the new parliament and government, which resulted in limited decision-making, including on EU-related reforms; regrets, also, verbal attacks and smear campaigns against opponents and civil society organisations;
2023/02/20
Committee: AFET
Amendment 195 #

2022/2204(INI)

Motion for a resolution
Paragraph 11
11. Notes somevery limited progress in the fight against corruption; stresses the factreiterates its call on Serbia to deliver convincing results in cases with high level of public interest, including Krušik, Jovanjica, Telekom Srbija and Savamala; is concerned about the little progress made in these cases since last year’s report; stresses that more effort and political will are needed to achieve tangible results, in particular with regard to serious and organised crime;
2023/02/20
Committee: AFET
Amendment 213 #

2022/2204(INI)

Motion for a resolution
Paragraph 12 c (new)
12 c. Reiterates its concern about limited progress in the fight against corruption and organised crime and about several high-profile corruption scandals pointing to probable links between state officials and organised crime; calls on Serbia to intensify its efforts to effectively address these issues; calls on the authorities to refrain from commenting ongoing investigations and trials, exerting undue pressure on the judiciary;
2023/02/20
Committee: AFET
Amendment 217 #

2022/2204(INI)

Motion for a resolution
Paragraph 12 f (new)
12 f. Stresses that IPA III provides for the modulation or even suspension of funds in the event of a significant regression or persistent lack of progress on fundamentals, including the fight against corruption and organised crime, as well as media freedom; calls in this context on the EU and Western Balkan countries to establish a framework for fruitful cooperation between the European Public Prosecutor’s Office (EPPO) and Western Balkan counterparts in order to ensure that the EPPO can effectively exercise its competences on IPA III funds in Western Balkan countries;
2023/02/20
Committee: AFET
Amendment 233 #

2022/2204(INI)

12 h. Regrets the limitations on the freedom and independence of the media and the misuse of the media by the governing majority to gain an unfair political advantage, attack political opponents and spread disinformation; emphasises the negative impact of these restrictions on democratic processes in the country; emphasises that competition in the media sector improves media pluralism;
2023/02/20
Committee: AFET
Amendment 234 #

2022/2204(INI)

Motion for a resolution
Paragraph 12 i (new)
12 i. Is worried about reports on the abuse of public money to acquire ownership of media outlets and allegedly use them as a tool for media capture in Serbia; reiterates that information on media ownership should be available to the public and calls for greater transparency of media ownership and financing, as well as for the creation of an environment that allows independent and investigative media to access funding and operate safely; calls for increased transparency of public financing of media;
2023/02/20
Committee: AFET
Amendment 239 #

2022/2204(INI)

Motion for a resolution
Paragraph 13
13. Deplores the stagnation on freedom of expression, the cases of hate speech and smear campaigns, including President Vučić’s targeting of N1 journalists in December 2022, and the increasing number of strategic lawsuits against public participation (SLAPPs) in the country; reiterates that pressure and attacks on activists, journalists and media outlets are unacceptable; urges the authorities to investigate and prosecute all such offences, including those against the investigative outlet KRIK and the daily newspaper Danas, and to create an environment in which freedom of expression can genuinely flourish; condemns the extreme imbalance in the presence of government and opposition members in the reporting of national television channels outside the period of the election campaign, which remains a major challenge for media pluralism in Serbia;
2023/02/20
Committee: AFET
Amendment 254 #

2022/2204(INI)

Motion for a resolution
Paragraph 14
14. Condemns the opening of an RT (formerly Russia Today) office in Belgrade and the launch of its online news service in Serbian; points out that it goes against the Council's decision on the suspension of the broadcasting activities of Sputnik and RT; urges the Serbian authorities to counter hybrid threats and align with the Council’s decision on the suspension of the broadcasting activities of Sputnik and RT; calls on Serbia to fight disinformation, including manipulative anti-EU narratives;
2023/02/20
Committee: AFET
Amendment 255 #

2022/2204(INI)

Motion for a resolution
Paragraph 14
14. Condemns the opening of an RT (formerly Russia Today) office in Belgrade and the launch of its online news service in Serbian; urges the Serbian authorities to counter hybrid threats and fully align with the Council’s decision on the suspension of the broadcasting activities of Sputnik and RT; calls on Serbia to fight disinformation, including manipulative anti-EU narratives;
2023/02/20
Committee: AFET
Amendment 256 #

2022/2204(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Is deeply concerned about the spread of disinformation about Russian aggression against Ukraine and calls on the Serbian authorities to take decisive steps to tackle disinformation and to discredit the most widely circulated fake news; calls on Serbia and the European Commission to bolster infrastructure for fighting disinformation, Russian propaganda and other hybrid threats, and to support evidence-based responses to both short-term and long-term disinformation threats in the Western Balkans; stresses that all political leaders have the responsibility to stop the spread of malicious disinformation about Russian aggression against Ukraine; notes that a tolerant attitude towards malign external influences may have serious negative consequences on Serbia’s prospects for EU accession;
2023/02/20
Committee: AFET
Amendment 260 #

2022/2204(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Is deeply concerned about the attempts by Wagner Group to run recruitment campaigns in Serbia; deplores the role of the so-called “People’s patrol” in spreading pro- Kremlin propaganda; notes that Serbia's Criminal Code forbids citizens from participating in foreign wars;
2023/02/20
Committee: AFET
Amendment 275 #

2022/2204(INI)

16 a. Regrets the delays in the implementation of the Media Strategy; reiterates its concern about the operations of Telekom Srbija, a majority-government owned telecommunications company, with persistent allegations of the ruling party using it to increase its influence over the media market in Serbia through the acquisition and funding of various media outlets;
2023/02/20
Committee: AFET
Amendment 303 #

2022/2204(INI)

Motion for a resolution
Paragraph 18 b (new)
18 b. Calls on the Serbian authorities to step up efforts to ensure the non- discriminatory treatment of ethnic, religious and sexual minorities and other vulnerable groups, and to continue the implementation of a positive agenda on this issue, in full conformity with EU principles and legislation; urges the authorities to actively pursue investigations and convictions for hate- motivated crimes; condemns the ethnic hatred spread by some government officials and politicians;
2023/02/20
Committee: AFET
Amendment 307 #

2022/2204(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Reiterates its concern about violence by extremist groups, with recent instances including the demolition of a cafe in Novi Sad and anti-Semitic graffiti in the Sephardic Jewish cemetery in Belgrade; is further concerned about the activities of the Russian Wagner group in Serbia; calls on the authorities to prosecute all illegal activities in connection with these groups;
2023/02/20
Committee: AFET
Amendment 328 #

2022/2204(INI)

Motion for a resolution
Paragraph 20 a (new)
20 a. Regrets the way in which the EuroPride in Belgrade was organized and the unacceptable use of hate speech against the LGBTI+ community in the period right before the EuroPride; denounces the decision to first cancel the EuroPride and thus increase the uncertainty whether the event would take place; expresses its disappointment that the Government did not explicitly support the EuroPride; calls on the Government and Police to ensure the smooth planning and organization, as well as the safety and well-being of participants of all future Pride events in Belgrade; calls for increased measures to combat hate crimes against LGBTI + people;
2023/02/20
Committee: AFET
Amendment 425 #

2022/2204(INI)

Motion for a resolution
Paragraph 29
29. Calls on the Serbian authorities to take measures to counter depopulatioin association with partners to counter the brain drain;
2023/02/20
Committee: AFET
Amendment 431 #

2022/2204(INI)

Motion for a resolution
Paragraph 30
30. Is deeply concerned about the investments in Serbia by Russia and China and their influence on the political and economic processes in the region; deplores that foreign actors, most notably Chinese companies, have been able to benefit from lower social and environmental standards to the detriment of the safety of local populations.
2023/02/20
Committee: AFET
Amendment 453 #

2022/2204(INI)

32. Welcomes the Commission’s energy support package to help the Western Balkans overcome the energy crisis; calls on the Serbian authorities to prepare a credible plan for reducing the country’s dependence on Russian fossil fuels and building environmentally friendly energy systems; welcomes Serbia's moves to diversify its energy supply by seeking new contracts and building interconnections.
2023/02/20
Committee: AFET
Amendment 455 #

2022/2204(INI)

Motion for a resolution
Paragraph 32
32. Welcomes the Commission’s energy support package to help the Western Balkans overcome the energy crisis; calls on the Serbian authorities to prepare a credible plan for reducing the country’s dependence on Russian fossil fuels and building environmentally friendly energy systems; welcomes the beginning of construction of the gas interconnector between Serbia and Bulgaria;
2023/02/20
Committee: AFET
Amendment 477 #

2022/2204(INI)

Motion for a resolution
Paragraph 34
34. Expresses concern about the environmental impact of new infrastructure constructions in Serbia byand projects in Serbia by Serbian actors and by foreign actors such as Chinese companies; calls on the Serbian authorities to address the legitimate concerns expressed in the environmental protests;
2023/02/20
Committee: AFET
Amendment 24 #

2022/2203(INI)

Motion for a resolution
Recital C
C. whereas democratic transformation, the rule of law and reconciliation play a central role in EU accession process and each accession country should demonstrate robust irreversible results in democratic resilience and socio-economic transformation;
2023/04/03
Committee: AFET
Amendment 29 #

2022/2203(INI)

Motion for a resolution
Recital D
D. whereas Russia’s war of aggression against Ukraine has considerable potential to further destabilise many EU and non- EU countries, especially those in the Western Balkans and the Eastern Partnership and highlights the critical importance of EU enlargement;
2023/04/03
Committee: AFET
Amendment 33 #

2022/2203(INI)

Motion for a resolution
Recital D a (new)
Da. whereas North Macedonia has been heavily targeted by Russian disinformation and other hybrid attacks, and should strengthen protection of its critical infrastructure, cyber-security, counter-disinformation and energy transition measures;
2023/04/03
Committee: AFET
Amendment 36 #

2022/2203(INI)

Motion for a resolution
Recital E
E. whereas the fight against corruption, malicious foreign interference, money laundering and organised crime is a European security issue, crucial for North Macedonia’s and other enlargement countries’ progress in the EU accession;
2023/04/03
Committee: AFET
Amendment 44 #

2022/2203(INI)

Motion for a resolution
Recital F
F. whereas each country should be judged on its own merits and wthereas the conditionality-based accession process should not be misused to settle bilateral disputes;
2023/04/03
Committee: AFET
Amendment 45 #

2022/2203(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas the EU is a community of cultural and linguistic diversity, based on solidarity and mutual respect among its peoples;
2023/04/03
Committee: AFET
Amendment 56 #

2022/2203(INI)

Motion for a resolution
Recital G
G. whereas the EU remains the main political and economic partner of the Western Balkan countries, mobilising an unprecedented cross-cutting additional support in the wake of the pandemics and Russia’s brutal aggression against Ukraine;
2023/04/03
Committee: AFET
Amendment 77 #

2022/2203(INI)

Motion for a resolution
Paragraph 2
2. Commends North Macedonia’s full alignment with the EU’s foreign and security policy, including its clear-cut response to the Russian aggression against Ukraine by aligning with the EU’s restrictive measures against Russia and Belarus;
2023/04/03
Committee: AFET
Amendment 79 #

2022/2203(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Welcomes the adoption of an assistance measure under the European Peace Facility amounting to EUR 9 million in support of the army of North Macedonia who is actively contributing to EU missions and operations
2023/04/03
Committee: AFET
Amendment 107 #

2022/2203(INI)

Motion for a resolution
Paragraph -5 (new)
-5. Recalls that the rule of law and institutional integrity are the backbone of a democratic transformation, societal resilience and socio-economic cohesion;
2023/04/03
Committee: AFET
Amendment 122 #

2022/2203(INI)

Motion for a resolution
Paragraph 8
8. Encourages the country to increase institutional integrity and intensify its judicial reform to guarantee the independence, professionalism, transparency and impartiality of the judicial system; welcomes prosecutions related to the abuse of office and looks forward to systematic action to prevent, prosecute and follow-up on corruption cases; insists on adequate funding for and the effective functioning of independent bodies and agencies and on the consistent implementation of their decisions and recommendations; applauds anti-corruption contribution of independent civil society and the media;
2023/04/03
Committee: AFET
Amendment 129 #

2022/2203(INI)

Motion for a resolution
Paragraph 9
9. Urges the authorities to effectively fight corruption and organised crime through coordinated investigations and prosecutions leading to final convictions and asset confiscations in cases involvof corruption including high-level corruption, organised crime and money laundering;
2023/04/03
Committee: AFET
Amendment 137 #

2022/2203(INI)

Motion for a resolution
Paragraph 10
10. Deplores the malign foreign interference and hybrid attacks, such as disinformation campaigns, cyberattacks and false bomb threats, directed against North Macedonia’s institutions and citizens; invites the EU to support the authorities to considerably strengthen North Macedonia’s resilience against such threats; calls for a stronger involvement of all stakeholders, including the Parliament of North Macedonia, in tackling foreign interference and disinformation
2023/04/03
Committee: AFET
Amendment 157 #

2022/2203(INI)

Motion for a resolution
Paragraph 13
13. Invites North Macedonia to fully align with EU visa policy and to limit security risks related to its citizenship-by- investment scheme; calls on the authorities to refrain from enabling systematic acquisition of citizenship based on economic interest; urges the authorities to take further action against criminal trafficking networks and to step up cooperation with the EU’s justice and home affairs agencies;
2023/04/03
Committee: AFET
Amendment 178 #

2022/2203(INI)

Motion for a resolution
Paragraph 16
16. Urges the authorities to step up protection of vulnerable groups and the prosecution of domestic and online abuse and to improve services for the victims of violence; stresses that the Ombudsman concluded that courts' sentences against convicted offenders of rape and domestic violence were overly lenient and did not contribute to a reduction and elimination of severe forms of domestic violence nor provide sufficient protection to survivors; welcomes changes to the Criminal Code of North Macedonia, covering crimes related to violence against women and the safety of journalists and insists on the need to strengthen North Macedonia’s anti- discrimination commission and Ombudsman’s office;
2023/04/03
Committee: AFET
Amendment 227 #

2022/2203(INI)

Motion for a resolution
Paragraph 20
20. Acknowledges North Macedonia’s enabling environment for media freedom and urges the authorities to ensure transparency of media ownership, financing and political advertising, as well as the public broadcaster’s and the media regulator’s ability to operate independently; recalls the need to counter political interference and foreign and home-grown disinformation and manipulative narratives; deplores threats and attacks against journalists, including the use of SLAPPs;
2023/04/03
Committee: AFET
Amendment 233 #

2022/2203(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Is concerned about the lack of trust in journalism in North Macedonia, in particular due to the extreme political polarisation and pressure from businessmen on the media sector; deplores the high number of violations of professional and ethical standards by media in North Macedonia with portals being accused of spreading fake news and inciting speech, as highlighted by the Council for Media Ethics of North Macedonia; calls on the Association of Journalists of North Macedonia and its members to fully abide by the industry standards set up in the Journalism Trust Initiative developed by Reporters Without Borders, as the appropriate tool to increase professional journalists credibility and rebuilt society's trust
2023/04/03
Committee: AFET
Amendment 238 #

2022/2203(INI)

Motion for a resolution
Paragraph 21
21. Notes North Macedonia’s commitment to positive diplomacy and good neighbourly relations; reiterates its full support for a consistent mutual implementation of the Treaty of Friendship with Bulgaria and the Prespa Agreement with Greece; deplores the persistent disinformation campaigns creating distorted and polarised narratives that have marred the period leading to the 2018 referendum on the Prespa Agreement to reduce turnout, such as alleged threats to the Macedonian language, despite clear support for the agreement
2023/04/03
Committee: AFET
Amendment 42 #

2022/2200(INI)

Motion for a resolution
Recital C a (new)
C a. whereas on 23 March 2023 the Republika Srpska National Assembly adopted amendments to the Criminal Code of the Republika Srpska, which reintroduce criminal penalties for defamation and thereby unduly and disproportionately restricting independent media and civil society;
2023/04/11
Committee: AFET
Amendment 43 #

2022/2200(INI)

Motion for a resolution
Recital C b (new)
C b. whereas in March 2023 President of Republika Srpska Milorad Dodik announced plans to introduce a ‘foreign agents’ law in Republika Srpska;
2023/04/11
Committee: AFET
Amendment 45 #

2022/2200(INI)

Motion for a resolution
Recital C c (new)
C c. whereas the UN High Commissioner for Human Rights Michelle Bachelet reports persistent discrimination based on various grounds in BiH, primarily based on ethnicity, gender and sexual orientation, and voices concerns about access to education, social protection, and the rights of Roma and people with disabilities;
2023/04/11
Committee: AFET
Amendment 75 #

2022/2200(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the swift appointment of a new state-level government, the resumption of political decision-making and the appointment of the President and two Vice-Presidents of the Federation of BiH; calls for the Federation of BiH’s government formation to be swiftly completed in line with democratic standards and principles; calls on the Office of the High Representative to show due political insight and avoid actions which may lead to additional political and ethnic tensions in the country;
2023/04/11
Committee: AFET
Amendment 109 #

2022/2200(INI)

Motion for a resolution
Paragraph 6
6. Welcomes BiH’s increasedCalls on the new government of BiH’s to swiftly and fully alignment with the EU’s common foreign and security policy (CFSP), and urges for the effective implementation of sanctions stemming from CFSP alignment;
2023/04/11
Committee: AFET
Amendment 119 #

2022/2200(INI)

Motion for a resolution
Paragraph 7
7. Strongly supports BiH’s sustained aspirations towards Euro-Atlantic integration and NATO membership; calls on all political actors to demonstrate full support for Euro-Atlantic integration and NATO membership not only in words but with concrete political action;
2023/04/11
Committee: AFET
Amendment 124 #

2022/2200(INI)

Motion for a resolution
Paragraph 8
8. Denounces the recurring inflammatory rhetoric and secessionist laws and policies by the leadership of the Republika Srpska (RS) entity, including and other political parties including members of the ruling coalition in the Federation of BiH entity, such as the celebration of the so- called RS Day and other celebrations which cause tensions and discomfort among BiH citizens, as well as the refusal to implement rulings of the Constitutional Court of BiH; underlines that such actions destabilise BiH, undermine the Dayton Peace Agreement, contradict BiH’s EU perspective and endanger access to EU funding;
2023/04/11
Committee: AFET
Amendment 140 #

2022/2200(INI)

Motion for a resolution
Paragraph 9
9. Reiterates its call for targeted and sustainable sanctions against all destabilising actors in BiH;
2023/04/11
Committee: AFET
Amendment 141 #

2022/2200(INI)

Motion for a resolution
Paragraph 9
9. Reiterates its call for targeted sanctions against destabilising political actors in BiH;
2023/04/11
Committee: AFET
Amendment 196 #

2022/2200(INI)

Motion for a resolution
Paragraph 17
17. Calls for the judiciary’s integrity and independence to be strengthened, namely by bringing the Law on the High Judicial and Prosecutorial Council and the Law on Courts in line with EU standards, and by eliminating selective justice, the case backlog, corruption, a lack of transparency and poor oversight; regrets that the strategic goal to solve all cases related to war crimes will not be met due to the high backlog; reiterates the necessity to prosecute and accelerate criminal proceedings, as 28 years have passed and reconciliation cannot be achieved without adequate judgements; expresses its concern over numerous scandals involving high ranking judiciary officials, political pressure and quality of the processes of selection of high ranking judges and prosecutors;
2023/04/11
Committee: AFET
Amendment 210 #

2022/2200(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Urges the authorities to prosecute high-profile corruption cases and to conduct criminal proceedings in a timely manner; calls on the courts to issue a higher number of final judgements in corruption cases;
2023/04/11
Committee: AFET
Amendment 217 #

2022/2200(INI)

Motion for a resolution
Paragraph 19
19. Calls for increased resources for anti-corruption structures and the adoption of integrity plans for these structures; points to the added value of effective cooperation among law enforcement agencies and with the European Public Prosecutor’s Office;
2023/04/11
Committee: AFET
Amendment 229 #

2022/2200(INI)

Motion for a resolution
Paragraph 21
21. Reaffirms the significance of genuine reconciliation in BiH and calls on all authorities to actively promote and ensure access to truth, justice and non- selective reparations;
2023/04/11
Committee: AFET
Amendment 237 #

2022/2200(INI)

Motion for a resolution
Paragraph 23
23. Notes the ongoing reduction in the backlog of war crimes cases, but regrets that the pace remains slow; is concerned about the fact that some war criminals convicted in BiH courts escape justice by hiding in some EU member and candidate states due to dual citizenship;
2023/04/11
Committee: AFET
Amendment 273 #

2022/2200(INI)

Motion for a resolution
Paragraph 27
27. Deplores discrimination, segregation, violence and hate speech against minorities, and urges effective prosecution of such cases; calls on BiH to safeguard and promote the countrywide rights of all minorities, including their right to participate in democratic elections;
2023/04/11
Committee: AFET
Amendment 288 #

2022/2200(INI)

Motion for a resolution
Paragraph 27 b (new)
27 b. Notes that domestic violence, especially violence against women, remains among most serious human rights violations in BiH and calls for urgent actions in addressing gender-based violence, including for coordination among responsible institutions;
2023/04/11
Committee: AFET
Amendment 321 #

2022/2200(INI)

Motion for a resolution
Paragraph 30 a (new)
30 a. Urges politicians, public figures, authorities and private companies to refrain from using SLAPPs as a form of intimidation against human rights defenders and journalists;
2023/04/11
Committee: AFET
Amendment 323 #

2022/2200(INI)

Motion for a resolution
Paragraph 30 a (new)
30 a. Deplores plans to introduce a ‘foreign agents’ law in the Republika Srpska;
2023/04/11
Committee: AFET
Amendment 326 #

2022/2200(INI)

Motion for a resolution
Paragraph 30 b (new)
30 b. Emphasises the need to withdraw the proposed amendments to the criminal code of Republika Srpska criminalising slander; calls on government representatives to cease labelling civil society as foreign agents and mercenaries;
2023/04/11
Committee: AFET
Amendment 331 #

2022/2200(INI)

Motion for a resolution
Paragraph 30 d (new)
30 d. Reiterates its call on politicians and public figures to refrain from using hate speech in public statements and inciting violence towards journalists, LGBT persons and civil society; regrets the political obstruction of freedom of assembly for LGBT activists across the country and condemns violence and hate crimes against LGBT people in Banja Luka; regrets that the Pride March is continuously being discriminated against, and that this event is continuing to face administrative obstacles due to its nature;
2023/04/11
Committee: AFET
Amendment 366 #

2022/2200(INI)

Motion for a resolution
Paragraph 36
36. Urges BiH to finalise and adopt the national energy and climate plan and to avoid energy infrastructure projects increasing the country's dependence on Russia and China; calls on it to adopt the necessary legislation on gas, electricity, renewable energy and energy efficiency, and to ensure the full harmonisation of laws for a functional energy market;
2023/04/11
Committee: AFET
Amendment 17 #

2022/2199(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas each country should be judged on its own merits and the conditionality-based accession process should not be misused to settle bilateral disputes;
2023/04/03
Committee: AFET
Amendment 19 #

2022/2199(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas the EU is a community of cultural and linguistic diversity, based on solidarity and mutual respect among its peoples;
2023/04/03
Committee: AFET
Amendment 25 #

2022/2199(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas malign foreign direct and proxy interference and disinformation aim to sow discord, violence, inter-ethnic tensions and to destabilise the whole region;
2023/04/03
Committee: AFET
Amendment 32 #

2022/2199(INI)

Motion for a resolution
Recital C
C. whereas democratic transformation, the rule of law and reconciliation play a central role in the EU accession process and each accession country should demonstrate robust irreversible results in democratic resilience and socio-economic transformation;
2023/04/03
Committee: AFET
Amendment 50 #

2022/2199(INI)

Motion for a resolution
Recital F
F. whereas the EU remains the main political and economic partner of the Western Balkan countries; , mobilising an unprecedented cross-cutting additional support in the wake of the pandemics and Russia’s brutal aggression against Ukraine; ;
2023/04/03
Committee: AFET
Amendment 55 #

2022/2199(INI)

Motion for a resolution
Recital D a (new)
Da. whereas Albania has been heavily targeted by Russian disinformation and other hybrid attacks, and should strengthen protection of its critical infrastructure, cyber-security, counter- disinformation and energy transition measures;
2023/04/03
Committee: AFET
Amendment 83 #

2022/2199(INI)

Motion for a resolution
Paragraph 4
4. Commends Albania’s commitment to completing its comprehensive justice reform and looks forward to its implementation; encourages the country to intensify steps aimed at finalising the vetting process and ensuring universal justice through cross-cutting measures;
2023/04/03
Committee: AFET
Amendment 97 #

2022/2199(INI)

Motion for a resolution
Paragraph 6
6. Calls on the Albanian authorities to urgently address the outstanding electoral and party financing recommendations well ahead of the 2025 parliamentary elections;
2023/04/03
Committee: AFET
Amendment 105 #

2022/2199(INI)

Motion for a resolution
Paragraph 8
8. Notes the ongoing progress and looks forward to systematic improvements and concrete results in the prevention, proactive investigation and prosecution of and non-selective final convictions for cases involving corruption and organised crime; calls for further progress in establishing a comprehensive, efficient, soundly coordinated and accountable public administration;
2023/04/03
Committee: AFET
Amendment 115 #

2022/2199(INI)

Motion for a resolution
Paragraph 9
9. Expresses its concern with the aspects of the draft law on fiscal amnesty and the proposed citizenship by investment scheme that are incompatible with EU norms and its visa policy and would pose risks as regards security, money laundering, tax evasion, terrorist financing, corruption and infiltration by organised crime ; welcomes Prime Minister Rama’s announcement to suspend the golden passport project;
2023/04/03
Committee: AFET
Amendment 122 #

2022/2199(INI)

Motion for a resolution
Paragraph 10
10. Calls for continued action to reduce unfounded asylum claims by Albanian nationals, while tackling criminal trafficking networks and increasing cooperation with the EU’s justice and home affairs agencies; welcomes successful international investigations and police operations to combat the trafficking of people, narcotics and firearms, and online fraud; stresses that countering cybercrime, trafficking in human beings and money laundering remain areas in which additional results are needed; calls on the authorities to step up its fight against child sexual abuse online which remains a concern;
2023/04/03
Committee: AFET
Amendment 138 #

2022/2199(INI)

Motion for a resolution
Paragraph 12
12. Condemns malign foreign interference and hybrid attacks, including disinformation, espionage, incitement to all forms of radicalisation and cyberattacks against Albanian citizens and critical infrastructure; invitescondemns the irresponsible use of the private data of citizens by one political party; calls on the authorities to take measures to prevent data leaks by considerably strengthening cybersecurity and accelerate efforts to align its legislation with the EU acquis on personal data protection;
2023/04/03
Committee: AFET
Amendment 149 #

2022/2199(INI)

Motion for a resolution
Paragraph 13
13. Notes the legal steps taken to eliminate discrimination against minorities, and calls for practical steps in order to ensure their inclusion, namely the inclusion of LGBTI+, Roma and Egyptian minorities; recalls the needurges the authorities to step up their work to combat gender-based violence, step up child protection, adopt and implement legislation on minority rights, strengthen property rights and conduct a population census; underlines the importance of removing barriers to the socioeconomic inclusion of persons with disabilities;
2023/04/03
Committee: AFET
Amendment 152 #

2022/2199(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls on the authorities to engage in dialogue with civil society organisations working on the rights of the LGBTI+ community and ensure the legal framework and the implementation of legislation guarantee the inclusion and protection of members of the community; calls on the authorities to continue cooperating with organisations representing the Roma and Egyptian community to ensure their well-being and integration into society;
2023/04/03
Committee: AFET
Amendment 171 #

2022/2199(INI)

Motion for a resolution
Paragraph 14
14. Expresses its concern with the lack of progress on achieving institutional transparency, freedom of expression and media freedom and stresses the role of political leaders in creating an enabling environment for the pursuit of these freedoms; condemns attempts to discredit reporters and arbitrarily withhold public information, as well as the failure to ensure the safety of journalists; urges the authorities to take immediate action against political and economic interference in the media and intimidation against reporters; welcomes the withdrawal of the draft anti- defamation legislationcondemns any regulatory attempts aiming at increasing the political control over media institutions; welcomes in this context the withdrawal of the draft anti- defamation legislation; deplores the fact that only a minority of Albanian media have a sustainable business model and transparent funding; urges the government to ensure the independence of the public broadcaster and media regulator and the transparency of media ownership, financing and public advertising;
2023/04/03
Committee: AFET
Amendment 175 #

2022/2199(INI)

Motion for a resolution
Paragraph 15
15. Urges the authorities to counter disinformation and manipulative narratives by promoting media literacy and improving the working conditions of journalists; welcomes the work of the Alliance for Ethical Media of Albania aiming at rigorously implementing the Code of Ethics of Journalists; calls on the Association of Professional Journalists of Albania and its members to adhere to the highest industry standards, in particular by adopting the Journalism Trust Initiative set up by Reporters Without Borders, to maintain trust and fight against disinformation;
2023/04/03
Committee: AFET
Amendment 3 #

2022/2195(INI)

Motion for a resolution
Citation 10
– having regard to the concluding observations on the sixth periodic report of Uzbekistan of the UN Committee on the Elimination of Discrimination Against Women of 1 March 2022, the third periodic report of Uzbekistan of the UN Committee on Economic, Social and Cultural Rights, and the fifth periodic report of Uzbekistan of the UN Committee on the Rights of the Child of March 2022, February 2022 and September 2022 respectively,
2023/04/26
Committee: AFET
Amendment 9 #

2022/2195(INI)

Motion for a resolution
Citation 18 a (new)
– having regard to the OSCE/ODIHR Election Observation Mission Final Report, 22 April 2022,
2023/04/26
Committee: AFET
Amendment 21 #

2022/2195(INI)

Motion for a resolution
Recital D
D. whereas protests erupted in the Republic of Karakalpakstan on 1 July 2022 following the publication of the proposed amendments to Uzbekistan’s constitution, which would have abolished its status as a sovereign republic within Uzbekistan and its right to secede; whereas at least 21 people were killed, and over 270 were injured, in the ensuing crackdown by the authorities; whereas human rights groups have documented that law enforcement officers used excessive force in response to the largely peaceful demonstrations; whereas 22 people were sentenced on 13 January 2023 for their participation in the unrest and Dauletmurat Tajimuratov, a lawyer accused of leading the unrest, was sentenced to 16 years in prison; whereas on 17 FebruaryMarch 2023 the trial startedsecond trial against another 39 people charged with participating in the protests ended with lengthy prison sentences of up to 11 years;
2023/04/26
Committee: AFET
Amendment 23 #

2022/2195(INI)

Motion for a resolution
Recital D a (new)
Da. whereas in June 2022, the government of Uzbekistan published proposed constitutional amendments, including a provision that would enable the president to remain in office for another two seven-year terms;
2023/04/26
Committee: AFET
Amendment 24 #

2022/2195(INI)

Motion for a resolution
Recital D a (new)
Da. whereas promised legal reforms have stalled, including the revision of the Criminal Code and a new NGO Code;
2023/04/26
Committee: AFET
Amendment 29 #

2022/2195(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas Uzbekistan has accelerated its imprisonment of journalists and bloggers in recent years, including of Otabek Sattoriy, an independent blogger, investigative journalist, and activist serving a six year and six-month prison sentence for his reporting on corruption; whereas a November 2022 decision by the UN Working Group on Arbitrary Detention found Sattoriy’s detention to be in violation of international law; whereas other journalists and bloggers imprisoned for their reporting or expression include Miraziz Bazarov, a blogger arrested in March 2021 and serving a three-year sentence under house arrest on charges related to his support of the decriminalization of homosexuality, Fazilkhoja Arifkhojayev, a Muslim blogger arrested in June 2021 and sentenced to seven years and six months for reposting and commenting on religious matters on social media, and Lolagul Kallykhanova, the founder of Makan.uz arrested in July 2022 and sentenced to eight years of restricted liberty for her alleged participation in the Karakalpakstan protests; whereas Valijon Kalonov, a government critic who called for a boycott of the 2021 presidential elections, is being held in a psychiatric hospital in the Samarkand region, after a court ruling that he should undergo compulsory psychiatric treatment;
2023/04/26
Committee: AFET
Amendment 33 #

2022/2195(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas consensual same-sex relations between men remains criminalised under Article 120 of the current Criminal Code of the Republic of Uzbekistan, punishable with imprisonment for up to three years;
2023/04/26
Committee: AFET
Amendment 37 #

2022/2195(INI)

Motion for a resolution
Recital E b (new)
Eb. whereas defamation and insult, including insulting the president, remain criminal offenses, despite President Mirziyoyev’s pledge in 2020 to decriminalise both offenses; whereas blogger Sobirjon Babaniyazov was sentenced to three years in prison for insulting the President online;
2023/04/26
Committee: AFET
Amendment 43 #

2022/2195(INI)

Motion for a resolution
Recital E d (new)
Ed. whereas the job of righting past wrongs against individuals who were imprisoned illegally and in violation of their rights remains unfinished in Uzbekistan; whereas while Uzbekistan released dozens of former prisoners of conscience in recent years, the authorities have not taken steps to rehabilitate these individuals, who remain convicted of crimes under the law, or to repair the harm caused to them by their lengthy detentions, torture and abuse many endured, isolation from their family and friends, and loss of work, among other impacts;
2023/04/26
Committee: AFET
Amendment 76 #

2022/2195(INI)

Motion for a resolution
Paragraph 3
3. Notes that Uzbekistan is uniquely positioned to be the driving force for regional cooperation that would help Central Asia become a more resilient, prosperous and more closely interconnected economic and political space; encourages the EU to intensify its political, economic and security engagements with Central Asia in line with its geostrategic importance and in keeping with the values of democracy, human rights and rule of law that underpin EU external action; underlines the great potential of mutually beneficial cooperation on sustainable and digital connectivity, in particular through its Global Gateway on initiative, energy, water and security, while supporting new supply-chain hubs in Uzbekistan for regional integration;
2023/04/26
Committee: AFET
Amendment 87 #

2022/2195(INI)

Motion for a resolution
Paragraph 4
4. Recognises that Russia’s war of aggression against Ukraine and its implications present both challenges and opportunities for Uzbekistan and other Central Asian states, which have traditionally maintained close relations with Russia; notes that Uzbekistan abstained in the votes on the United Nations General Assembly resolutions on Ukraine, in particular those of 2 March 2022, 24 March 2022 and 23 February 2023 demanding an end to the Russian offensive and immediate withdrawal from Ukraine; notes that Uzbekistan opposed the expulsion of Russia from the UN Human Rights Council on 7 April 2022; notes the commitment of the political leadership of Uzbekistan not to allow the circumvention of sanctions imposed on Russia and calls for a close cooperation with the EU on these matters;
2023/04/26
Committee: AFET
Amendment 88 #

2022/2195(INI)

Motion for a resolution
Paragraph 4
4. Recognises that Russia’s war of aggression against Ukraine and its implications present both challenges and opportunities for Uzbekistan and other Central Asian states, which have traditionally maintained close relations with Russia; notesdeplores however that Uzbekistan abstained in the votes on the United Nations General Assembly resolutions on Ukraine, in particular those of 2 March 2022, 24 March 2022 and 23 February 2023 demanding an end to the Russian offensive and immediate withdrawal from Ukraine; noteregrets that Uzbekistan opposed the expulsion of Russia from the UN Human Rights Council on 7 April 2022; notes the commitment of the political leadership of Uzbekistan not to allow the circumvention of sanctions imposed on Russia; calls on the EU to closely engage with the authorities on this matter;
2023/04/26
Committee: AFET
Amendment 111 #

2022/2195(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Notes that despite recent reforms, the lack of genuine pluralism and meaningful engagement between candidates or with citizens meant that Uzbekistan’s presidential election was not truly competitive, while significant procedural irregularities were noted on election day by the OSCE;
2023/04/26
Committee: AFET
Amendment 116 #

2022/2195(INI)

Motion for a resolution
Paragraph 7
7. Regrets the loss of life during protests in the Republic of Karakalpakstan on 1 and 2 July 2022; calls on the authorities to investigate the actions of the security services that led toestablish a genuinely independent, impartial, and effective investigation into the events, including into the deaths and severe injuries among the protesters andthat occurred and the actions taken by the security forces; calls on the authorities to bring those responsible to justice; calls for the independence and transparency of the judicial process to be ensured in the cases linked to the protests; welcomes the Uzbek authorities’ commitment to maintaining the current constitutional status of Karakalpakstan;
2023/04/26
Committee: AFET
Amendment 117 #

2022/2195(INI)

Motion for a resolution
Paragraph 7
7. Regrets the loss of life during protests in the Republic of Karakalpakstan on 1 and 2 July 2022; calls onurges the authorities to investigate the actions of the security services that led to deaths and injuries among the protesters and calls on the authorities to bring those responsible to justice; calls for the independence and transparency of the judicial process to be ensured in the cases linked to the protests; welcomes the Uzbek authorities’ commitment to maintaining the current constitutional status of Karakalpakstan; reiterates the importance of defending the right to peaceful demonstration;
2023/04/26
Committee: AFET
Amendment 122 #

2022/2195(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Deplores the persistent lack of accountability for torture and ill- treatment by police and law enforcement, urges to hold perpetrators accountable, in particular, calls for prompt investigations into the allegations of torture by activist and lawyer Dauletmurat Tazhimuratov; calls upon Uzbek authorities to ensure that detainees and prisoners are held in conditions consistent with respect for their human dignity;
2023/04/26
Committee: AFET
Amendment 123 #

2022/2195(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls on the government to ensure the security and non-discrimination of LGBTI people in Uzbekistan;
2023/04/26
Committee: AFET
Amendment 124 #

2022/2195(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Condemns gross abuses over people’s sexual or gender identity and calls on the government to ensure the personal security, privacy, and non- discrimination of LGBTIQ+ people in Uzbekistan; urges to decriminalise consensual same sex conduct between men and to end the use of forced medical examinations against them; calls on the government to revise plans for a new law, proposed in August 2022, requiring compulsory medical examinations of so- called “dangerous groups”, namely men who have sex with men, sex workers, and drug users, to test for HIV;
2023/04/26
Committee: AFET
Amendment 126 #

2022/2195(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Calls on the government to restart the reform of the Criminal Code in line with international human rights standards and the recommendations of UN treaty bodies;
2023/04/26
Committee: AFET
Amendment 128 #

2022/2195(INI)

Motion for a resolution
Paragraph 7 c (new)
7c. Calls on the Uzbek government to continue the reform of the Criminal Code, particularly to amend the articles related to overly broad definitions of offenses against the state and extremism, to repel articles allowing for arbitrary extension of sentences of political prisoners, decriminalising ‘defamation’ and ‘insult’, and to amend the definition of torture in accordance to the UN Convention Against Torture and the International Covenant on Civil and Political Rights;
2023/04/26
Committee: AFET
Amendment 137 #

2022/2195(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Calls on the government of Uzbekistan to allow independent human rights organizations, including international human rights groups, to register in the country and to adopt an NGO code in line with international standards;
2023/04/26
Committee: AFET
Amendment 141 #

2022/2195(INI)

Motion for a resolution
Paragraph 9
9. Stresses the needDeplores the lack of pluralism of the media in Uzbekistan; calls for the financial sustainability and independence of media outlets to be ensured in order to eliminate political influence; calls for greater transparency on media ownership with a view to enhancing media independence and pluralism; condemns any threats against journalists and bloggers and calls on the authorities to ensure respect for the rights of journalists, independent bloggers and human rights defenders and their protection against harassment, pressure and threats and to investigate any attacks against them;
2023/04/26
Committee: AFET
Amendment 148 #

2022/2195(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Deplores persecutions against journalists, bloggers and government critics and calls for their immediate and unconditional release, in particular of Lolagul Kallykhanova, Otobek Sattoriy, Miraziz Bazarov, Fazilhoja Arifhojaev, Sobirjon Babaniyazov, and Valijon Kalonov;
2023/04/26
Committee: AFET
Amendment 151 #

2022/2195(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Recalls President Mirziyoyev’s commitment to decriminalise defamation; regrets the legislative changes criminalising online criticism of the President;
2023/04/26
Committee: AFET
Amendment 152 #

2022/2195(INI)

Motion for a resolution
Paragraph 9 b (new)
9b. Notes that a draft Information Code, published in mid-December 2022, includes provisions that would violate freedom of expression, if adopted, and calls on the government to ensure that any restrictions on freedom of information enshrined in the Information Code are strictly limited to the extent that is necessary and proportionate, and only for legitimate purposes, as provided for under international human rights law;
2023/04/26
Committee: AFET
Amendment 156 #

2022/2195(INI)

Motion for a resolution
Paragraph 9 d (new)
9d. Urges Uzbek authorities to take steps to rehabilitate victims of wrongful detention and repair the damage caused to them, including by removing their convictions, acknowledging and compensating them for the harm done, and providing assistance, such as medical and psychological care;
2023/04/26
Committee: AFET
Amendment 167 #

2022/2195(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Notes that the definitions of extremism and terrorism remain vague and overbroad, leading to arbitrary detention and undue restriction to the right of freedom of religion or belief; recommends that the related legal provisions are narrowly and precisely drafted, in line with the recommendations of the UN Special Rapporteur on Freedom of Religion or Belief;
2023/04/26
Committee: AFET
Amendment 168 #

2022/2195(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Deplores that LGBTQI+ people in Uzbekistan are at constant risk of serious human rights violations without any possible recourse to justice; calls on Uzbekistan to decriminalise homosexuality and to honour its international human rights commitments;
2023/04/26
Committee: AFET
Amendment 173 #

2022/2195(INI)

Motion for a resolution
Paragraph 10 b (new)
10b. Calls on Uzbek authorities to continue to make progress in their compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles);
2023/04/26
Committee: AFET
Amendment 181 #

2022/2195(INI)

Motion for a resolution
Paragraph 10 d (new)
10d. Calls on the government to protect the right to freedom of religion and to amend the 2021 religion law in accordance with recommendations issued by the former UN Special Rapporteur on Freedom of Religion or Belief in a report from 29 March 2023;
2023/04/26
Committee: AFET
Amendment 3 #

2022/2124(DEC)

Draft opinion
Paragraph 1
1. Welcomes the fact that the Court of Auditors (the ‘Court’) has declared the transactions underlying the annual accounts of the European Border and Coast Guard Agency (‘Frontex’ or the ‘Agency’) for the financial year 2021 to be legal and regular in all material aspects; notes that the budget of the Agency increased from EUR 495 million in 2020 to EUR 741, according to its statement of revenue and expenditure the budget of the Agency increased to EUR 535.2 million (+ 5046.87 %) in 2021 and that the Agency's staff was increased from 1 234 to 1 554 (+ 26 %);
2023/01/18
Committee: LIBE
Amendment 5 #

2022/2124(DEC)

Draft opinion
Paragraph 2
2. StressUnderlines that Frontex is bythe large thest EU decentralised Agency and that it has received morethe most significant budget increases inover the last years; recalls that the Agency budget has skyrocketed from €118 million in 2011 to €741 million in 2021, and to an annual average of €900 million for the 2021-2027 period, bringing it to €535.2 million in 2021; further notes that the budgetary allocation is planned to grow to an annual average of €900 million for the 2021-2027 period; recalls the great importance and responsibility of the Agency in fully delivering the implementation of its mandate;
2023/01/18
Committee: LIBE
Amendment 13 #

2022/2124(DEC)

Draft opinion
Paragraph 3
3. Notes the Court’s observation concerning weaknesses in recruitment procedures, which undermine the principles of transparency and equal treatment of the candidates; notes the serious internal control weaknesses in the Agency’ delegation process, ex-ante controls and procurement procedures; deplores the many payment delays; takes note of the Agency's acknowledgement of the problems; highlights that the Agency is currently undergoing a transition process, following the resignation of its former Executive Director, in light of an OLAF investigation into the mismanagement of the Agency; takes note that the Agency adopted more clear instructions to the selection committee members in order to ensure more consistent assessment and more transparency in its recruitment procedures in January 2022; notes that issues concerning the delegation process were corrected in 2022 with the delegation and sub-delegation of powers signed for all authorising officers; further acknowledges that the Agency is taking action to tackle the issue of late payments and that reminders are sent to authorising officers responsible for the delayed payments; calls on the Agency to continue addressing these issues and to report on the progress achieved to the discharge authority;
2023/01/18
Committee: LIBE
Amendment 20 #

2022/2124(DEC)

Draft opinion
Paragraph 4
4. Notes the drawing up of a fundamental rights strategy and action plan; deeply regrets thate significant delays in implementing the obligation included in Article 110(6) of Regulation (EU) 2019/1896 to deploy at least 40 fundamental rights monitors; has been met with significant delay; notes that the number of fundamental rights monitors now stands at 46; deeplyighlights the personal role played by the former Executive Director of the Agency in this delay, as well as his lack of cooperation with the Fundamental Rights Officer, against obligations set by the EBCG Regulation; welcomes that the number of fundamental rights monitors now stands at 46; highlights nevertheless that while 31 Fundamental Rights Monitors (FRM) are recruited at AD level, 15 remain recruited at AST level; calls on the Agency and the Commission to find a solution towards ensuring that all FRMs are recruited at AD level; calls for any further FRM recruitments to be conducted at AD level only; deplores that despite the significant overall staff increase for the Agency, the Fundamental Rights Officer still lacks adequate human resources; urges the Agency and the Commission to provide itsthe fundamental rights officer with adequate resources and staff;
2023/01/18
Committee: LIBE
Amendment 31 #

2022/2124(DEC)

Draft opinion
Paragraph 5
5. Takes the position that the Management Board should play a proactive role in identifying and preventing serious risk of fundamental rights violations; reiterates the importance to constantly review and control the activities of the management team, towards the timely identification and resolution of any mismanagement situations, as well as to implement the standard operating procedures, to withdraw the financing of, or suspend or terminate, or not launch Frontex activities in cases where such risks arise, in accordance with the provisions of Regulation (EU) 2019/1896;
2023/01/18
Committee: LIBE
Amendment 40 #

2022/2124(DEC)

Draft opinion
Paragraph 6
6. Expresses its utmosgreat concerns with regard to allegations of push backs in the context of Frontex operations in Lithuania, Latvia, Croatia, Bulgaria and Greece; reiterates its call on the Agency to suspend its operations supporting return- related operations from Hungary as long as, and as concluded by the Court of Justice of the European Union, tcalls the conclusion of the Court of Justice of the European Union, that return decisions issued by the Hungarian authorities are incompatible with Directive 2008/115/EC and the Charter of Fundamental Rights of the European Union; calls on the Agency to refrain from participating in any operations that are incompatible with EU law; notes from the Agency's reply that it performed verifications and concluded that it had never been involved in returns related to the Hungarian legislation deemed incompatible with EU law by the CJEU (HU national Act LXXXIX of 2007 and Act LVIII of 2020 which); takes note that the Agency requires Hungary to confirm special disclaimers concerning procedural aspects when return decisions issued by the Hungarian authorities are incompatible with Directive 2008/115/EC and the Charter of Fundamental Rights of the European Unionquesting Frontex’ support, ensuring that all Frontex does its utmost to ensure that all return procedures supported by the Agency in Hungary are fully compliant with the relevant EU legal framework on return and asylum; further notes that the Agency increased monitoring activities in Hungarian returns and strengthened consultation and cooperation with the Fundamental Rights Officer on Hungary;
2023/01/18
Committee: LIBE
Amendment 49 #

2022/2124(DEC)

Draft opinion
Paragraph 7
7. Reiterates its profound concerns about the findings of the OLAF report of 15 February 2022 on investigations into Frontex, and expresses its utter dismay in the behaviour and actions described in the findings and the lack of accountability; considers that the findings of the OLAF report are, that represent a matter of public interest and, should be made public without further delayas soon as possible, while fully respecting Regulation (EU, Euratom) 2020/2223(5) and all legal requirements on the protection of sensitive data and of the rights of the persons concerned;
2023/01/18
Committee: LIBE
Amendment 58 #

2022/2124(DEC)

Draft opinion
Paragraph 8
8. Expresses its deep concerns in relation to media revelations that in the context of the expansion of a mass surveillance programme at Europe’s external borders (PeDRA, or ‘PNotes with concern the media reports about misconduct in expansion of the Processing of Personal Data for Risk Analysis programme (PeDRA), leading to an intrusive collection of personal data from migrants and refugees; notes from the Agency's reply that the project had been implemented between 2015 and 2017, allowing the Agency to develop capabilities required for processing personal data in accordance with Article 11c of Regulation 1168/2011; further takes note of the Agency's position that it had been processing only operational personal data of suspects of cross- border crime and terrorism, having not started the processing of Ppersonal Ddata for Risk Analysis’), Frontex and the European Commission side-lined their own data protection oversight bodies and pursued an intrusive collection of personal data from migrants and refugeof victims and witnesses; takes note of the Management Board decisions 56/2021, 68/2021 and 69/2021, upon the receipt of the EDPS opinions on the Agency's data protection rules, leading to the Agency's Data Protection Officer to prepare an Action Plan for the implementation of the EDPS recommendations; calls on the Agency to address to feed into Europol’s criminal databases; his situation and ensure full compliance with EU data protection rules, regularly consulting the EDPS over and keeping the discharge authority informed about the status and progress of the reform;
2023/01/18
Committee: LIBE
Amendment 63 #

2022/2124(DEC)

Draft opinion
Paragraph 9
9. Notes that Frontex’ structural problems regarding fundamental rights protection of asylum seekers and migrants, transparency, data protection, and alleged sexual harassment within the Agency led the European Parliament to refuse discharge of the Agency’s 2020 budget; welcomes in this sense the various actions taken by the ad-interim management to improve its activities and standards; notes with satisfaction that these activities tackled budgetary and financial management issues such as the clarification of delegations and dub- delegations for payments authorising offices, greater respect for fundamental rights, through the recruitment of 46 fundamental rights monitors and the enhanced institutional cooperation between the ad-interim executive management and the fundamental rights officer, or the changes in the management culture through a visible shift towards decentralisation, delegation and improved dialogue in the decision-making process; calls on the Agency to continue its commitment towards fully implementing these necessary reforms, also after the appointment of a non-interim Executive Director, and to report to the discharge authority about the progress achieved;
2023/01/18
Committee: LIBE
Amendment 71 #

2022/2124(DEC)

Draft opinion
Paragraph 10
10. Reiterates that the increased competences and budget of the Agency need to be accompanied with a corresponding increase in accountability and transparency, as well as full respect for and protection of fundamental rights; welcomes in this regard the use by the Agency of a Transparency Register and notes the prioritisation of efforts by both the Management Board and the Executive Management to further enhance integrity and accountability arrangements at the cross-Agency level; notes with satisfaction in this regard the adoption of an Internal Audit Capacity in September 2022; reiterates its dismay for the actions of the previous Executive Director with regards to accountability, transparency and respect for fundamental rights and welcomes the expressed commitment of the ad-interim executive management to fully address these issues; stresses that the granting of discharge in respect of the implementation of the budget of the Agency is conditional on such accountability and transparency, and fundamental rights compliance;
2023/01/18
Committee: LIBE
Amendment 75 #

2022/2124(DEC)

Draft opinion
Paragraph 11
11. Recommends the Committee on Budgetary Control to postpone granting the discharge in respect of the implementation of the Agency’s budget for the financial year 2021, until the structural shortcomings related to respect by Frontex of its fundamental rights obligations have been fully addressed.deleted
2023/01/18
Committee: LIBE
Amendment 3 #

2022/2123(DEC)

Draft opinion
Paragraph 1
1. Welcomes the fact that the Court of Auditors (‘The Court’) has declared the transactions underlying the annuals accounts of the European Union Agency for Fundamental Rights (FRA) for the financial year 2021 to be legal and regular in all material respects; highlights that the budget for 2021 was 33 million EUR, but in reality this means 23 920 698 EUR budget as the Court report counts in the total payment appropriations available during the financial year; reiterates its concerntakes note that the FRA continues to suffer from financial and staff resources constraints;
2023/01/18
Committee: LIBE
Amendment 9 #

2022/2123(DEC)

Draft opinion
Paragraph 3
3. DeploRegrets that FRA’s establishment plan has not been increased since 2017; further deploreshighlights moreover that the increase in workload and requests, particularly after the entry into force of the new mandate which introduced new activities in the areas of justice and police cooperation, was not accompanied with additional resources;
2023/01/18
Committee: LIBE
Amendment 12 #

2022/2123(DEC)

Draft opinion
Paragraph 4
4. Notes that FRA had carried over €7 million (27 %) of 2021 commitment appropriations to 2022; reiterates its regrets that the levels of carry-overs of committed appropriations for operating expenditure remained high; acknowledges the answer from FRA emphasizing that these carry- overs mainly reflect the nature of FRA’s core activities that include the financing of studies and other activities that span several months and eventually beyond year-end; welcomes the concrete actions that FRA has established to improve its budget planning and its implementation cycles; calls on FRA to report to the discharge authority about the progress registered in this matter;
2023/01/18
Committee: LIBE
Amendment 17 #

2022/2123(DEC)

Draft opinion
Paragraph 5
5. Welcomes the cooperation with other EU agencies, bodies and civil society in order to ensure there is compliance with fundamental rights; highlights, in this regard, the important role played by the FRA in the training and operationalisation of the fundamental rights monitors within the European Border and Coast Guard Agency (Frontex); notes that FRA contributed to a total of around 60 activities in the JHA area.;
2023/01/18
Committee: LIBE
Amendment 1 #

2022/2117(DEC)

Draft opinion
Paragraph 1
1. Welcomes the fact that the Court of Auditors (the ‘Court’) has declared the transactions underlying the annual accounts of the European Union Agency for the Operational Management of Large- Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) for the financial year 2021 to be legal and regular in all material respects with exception of the qualified opinion on the legality and regularity of the payments underlying the accounts; notes that its budget in 2021 indecreased fromto EUR 2516 million to EUR 264 million (+3.12%(-9.83% compared to 2020) while its staff increased from 274 to 310 (+13.13%);
2023/01/18
Committee: LIBE
Amendment 2 #

2022/2117(DEC)

Draft opinion
Paragraph 1 a (new)
1 a. Notes with appreciation that in 2021, eu-LISA continued the development of new IT systems, as well as of the interoperability between the new and already existing systems; welcomes the completion of several projects such as the EES central system, the installation of the National Uniform Interfaces, the upgrade of the VIS communication infrastructure and the shared Biometric Matching Service; notes with satisfaction eu-LISA's increased efforts in research and innovation through projects in the areas of artificial intelligence, technologies for seamless and contactless border crossing, and internal security;
2023/01/18
Committee: LIBE
Amendment 5 #

2022/2117(DEC)

Draft opinion
Paragraph 2
2. Regrets the fact that the Court issued a qualified audit opinion with respect to the legality and regularity of the payments underlying the accounts of eu- LISA both for 2020 and for 2021; notes the Court’s explanation that the qualified opinion was issued in relation to six payments that were considered not compliant to the provisions of framework contracts, and other payments identified outside the initial sample affected by the same non-compliance, amounting in total to EUR 18.11 million in 2021, representing 6,2 % of the total payment appropriations available in 2021; notes from eu-LISA's reply that compliance in this area is affected by several factors linked to budgetary planning, the sourcing model, managing contractual evolutions, as well as understaffing, restricting the possibility of the Agency to limit the scope, duration and value of contracts;
2023/01/18
Committee: LIBE
Amendment 7 #

2022/2117(DEC)

Draft opinion
Paragraph 3
3. Notes that the eu-LISA signed a specific contract of €40 million to implement a framework contract related to large-scale IT systems, without specifying the details of the services acquired and with an extended duration; highlights the repeated concerns by the Court about the risk associated with the practice of giving resources to eu-LISA before the adoption of legislationlack of coordination between the allocation of resources and the adoption of relevant legislation; underlines that repeated delays in the adoption of legislation concerning the development and implementation of the systems managed by eu-LISA, rapid technological evolutions, as well as the overall uncertainty regarding the timeframe given to the Agency to implement new legislation further restrict the eu-LISA's ability to establish more specific details within the contracts it concludes, while ensuring business continuity and the optimal functioning of the IT systems managed; underlines that eu-LISA must take the necessary preparedness measures to ensure no delays on its part in the implementation of new relevant legislation, once adopted; calls on the Commission to better coordinate the allocation of resources to eu-LISA with the adoption of relevant legislative acts; calls on eu-LISA, the Court and the Commission to explore possible solutions towards enhancing procurement flexibility in order to better reflect challenges posed by rapid technological evolutions and the transversal operation of systems managed by eu-LISA;
2023/01/18
Committee: LIBE
Amendment 12 #

2022/2117(DEC)

Draft opinion
Paragraph 4
4. Is concerned that eu-LISA amended the value of three contracts, two in 2021 and one 2019, which increased the maximum amount of the contracts by 50 % (€70.4 million, €20 million and €40 million respectively); sharnotes the opinion byof the Court thatand calls on eu-LISA shouldto improve theits contracts management in order to ensure that specific contracts are always aligned with the framework contracts; takes note of eu-LISA's reply that the increase of volume was triggered by changes in the legislation which required eu-LISA to source a higher volume of identical supplies and services initially tendered for; further takes note that the initial project and its evolutions are to be considered in the light of the ever- evolving nature of each large-scale IT system managed by eu-LISA; highlights that all contractual prices as well as the terms and conditions were left unchanged;
2023/01/18
Committee: LIBE
Amendment 17 #

2022/2117(DEC)

Draft opinion
Paragraph 5
5. Notes the Court’ ongoing observations from 2018, 2019 and 2020 on the budgetary management; regretstakes note that the rate of carry-overs remain substantial compared to the total budget; welcomes that in 2021 no non-automatic carry-overs were performed; acknowledges eu-LISA's reply that carry-overs mainly related to contracting external support service providers, to address systematic understaffing following the assignment of new tasks to eu-LISA, over timeframes that did not align with the calendar year, but with the necessary duration of the services provided; calls on the Commission to improve coordination between the allocation of new tasks and resources in order to address these issues;
2023/01/18
Committee: LIBE
Amendment 22 #

2022/2117(DEC)

Draft opinion
Paragraph 6
6. Regrets that several observations from the Court from previous years are still ongoing; calls on the Agency to effectively follow the observations from the Court and to step up efforts to implement corrective measures to address them; recalls that the European Parliament can use its power not to grant discharge in case recommendations would not effectively be followed upfurther calls on eu-LISA to report to the discharge authority about the progress made in this regard;
2023/01/18
Committee: LIBE
Amendment 1 #

2022/2096(DEC)

Draft opinion
Paragraph 1
1. Welcomes the fact that the Court of Auditors (‘The Court’) declared the transactions underlying the annuals accounts of the European Union Agency of Law Enforcement Training (CEPOL) for the financial year 2021 to be legal and regular in all material respects; recalls that according to its statement of revenue and expenditure, CEPOL's budget decreased in 2021 from EUR 32 to 30 million (-6,25%1,82% compared to 2020), while members of staff increased from 84 to 95 (+13,09%) within the same period;
2023/01/18
Committee: LIBE
Amendment 2 #

2022/2096(DEC)

Draft opinion
Paragraph 1 a (new)
1 a. Reiterates its concern over the recurring high staff turnover rate figures, measuring at 11.8% in 2021; notes with appreciation the efforts undertaken by CEPOL in 2021 to address this issue and better identify the root causes through the introduction of a new structured exit interview; highlights that the low grading of posts was one of the main reasons identified behind the decision of former staff to leave CEPOL; underlines that in addition to low grading, the current salary correction coefficient has an extremely negative impact on CEPOL's recruitment and staff retention efforts; further highlights that among the main difficulties encountered during the recruitment process figured not only the low number of applications, but also a high number of successful candidates refusing the job offers; calls on the Commission to reconsider the salary correction coefficient it applies to the host city of CEPOL in order to better reflect the economic needs and realities on the ground, as well as to make available additional facilities to staff in order to make CEPOL more attractive to highly skilled candidates;
2023/01/18
Committee: LIBE
Amendment 3 #

2022/2096(DEC)

Draft opinion
Paragraph 2
2. Welcomes the fact that in 2021 CEPOLspite of the continuation of the pandemic situation in 2021 CEPOL effectively adapted by converting its activities to online learning and carried out 396 training activities, which saw the participation of 46 340 law enforcement officers, representing an increase of 17% compared to 2020; welcomes that in 2021 the CEPOL training activities focused on the key thematic areas of organised crime such as migrant smuggling, drugs trafficking, financial crime, environmental crime, trafficking in human beings or document crime, among others; notes with satisfaction the particular attention payed by CEPOL to the area of cybercrime; welcomes the collaboration with specialised cybercrime knowledge hubs such as EC3, ECTEG, EJTN and Interpol towards addressing the main challenges in the area of cybercrime, such as child sexual abuse and exploitation, non-cash payment fraud, electronic evidence and artificial intelligence;
2023/01/18
Committee: LIBE
Amendment 5 #

2022/2096(DEC)

Draft opinion
Paragraph 3
3. Welcomes the creation of the Expert Group on Fundamental Rights with the aim to integrating a fundamental rights dimension in all CEPOL training and events; Welcomes the signature of the working Arrangement with the Fundamental Rights Agency; further welcomes the Expert Group suggestion to add Fundamental Rights as a cross cutting issue to the trainings offered by CEPOL to Member States and third countries;
2023/01/18
Committee: LIBE
Amendment 9 #

2022/2096(DEC)

Draft opinion
Paragraph 4 a (new)
4 a. Welcomes the continued cooperation of CEPOL with other agencies in the field of justice and home affairs, as well as with partners from third countries; notes with satisfaction that CEPOL started the implementation in 2021 of 4 new projects, namely the Enhancing Information Exchange and Criminal Justice Response to Terrorism in the Middle East and North Africa, EUROMED POLICE, the Training and Operational Partnership against Organised Crime and the Partnership against Crime and Terrorism;
2023/01/18
Committee: LIBE
Amendment 11 #

2022/2096(DEC)

Draft opinion
Paragraph 5
5. Notes that the Court observed weaknesses in CEPOL’s internal control environment, in relation to the management of budgetary commitments; takes note that the corrective action to address this issue is ongoing and calls on CEPOL to report to the discharge authority about its progress in this matter;
2023/01/18
Committee: LIBE
Amendment 14 #

2022/2096(DEC)

Draft opinion
Paragraph 6
6. Regrets that there have been Court identified irregularities in payment of expenses related to organisation of CEPOL events in non-EU countries; notes that thetakes note of CEPOL's reply that in order to ensure transparency the agency formalised the use of an exception note to reduce the use of a previous framework contract in project activities in third countries, thus covering only urgent business needs, ensuring business continuity until the signature of the new framework contract in January 2022; notes that any weaknesses identified in relation to the CEPOL procurement procedure canmay compromise the principle of transparency and expose the agency to reputational and legal risks;
2023/01/18
Committee: LIBE
Amendment 5 #

2022/2081(DEC)

Draft opinion
Paragraph 4
4. Notes with concern that, despite the fact that Member States stepped up implementation of their national programmes in 2021, for both the Asylum, Migration and Integration Fund (AMIF) and the Internal Security Fund (ISF) significant amounts remain undisbursed; deeplycalls on the Commission to step up its efforts towards assisting Member States in the effective implementation of their respective national programmes; regrets that its previous calls for splitting the AMIF lines by priority has not been followed up; stresses that such splitting could help increase transparency and accountability in budget spending and therefore reiterates its call to do so;
2023/01/18
Committee: LIBE
Amendment 9 #

2022/2081(DEC)

Draft opinion
Paragraph 5 a (new)
5 a. Welcomes the prompt reaction to crises in 2021, notes with satisfaction that in the context of events triggered by Belarus at the EU's external border, the Commission rapidly presented proposals to suspend the Visa Facilitation Agreement with Belarus, contributed to the Communication on responding to state sponsored instrumentalisation of migrands at the EU and proposed over 240 million euros in financial support to Latvia, Lithuania and Poland, as the most affected Member States in this crisis;
2023/01/18
Committee: LIBE
Amendment 14 #

2022/2081(DEC)

Draft opinion
Paragraph 6 a (new)
6 a. Welcomes the adoption in 2021 of the EU Strategy to tackle Organised Crime 2021-2025, setting out tools and measures to disrupt criminal organisations across borders, both online and offline; further welcomes the Commission legislative proposals of 2021 in the area of anti-money laundring and the financing of terrorism, area in which the justice and home affairs EU decentralised agencies, bodies and other institutions have a fundamental role in the implementation of the relevant EU legislation;
2023/01/18
Committee: LIBE
Amendment 18 #

2022/2081(DEC)

Draft opinion
Paragraph 6 b (new)
6 b. Notes that by November 2021, 75% of the measures under the 2019 Commission Anti-Fraud Strategy had been implemented; calls on the Commssion to continue towards the full implementation of this strategy and to continue strengthening its cooperation with OLAF and the EPPO towards protecting the financial interests of the Union; reminds that prevention is a key aspect in the fight against crime against the financial interests of the Union and calls on the Commission to enhance the usability its prevention tools such as the Early Detection and Exclusion System (EDES), or the ARACHNE pre-detection tool, ensuring their better effectiveness through regular updates with reliable data from Member States; calls on the Commission to enhance its dialogue with the national authorities towards increasing the quantity and reliability of data fed to such systems by the Member States;
2023/01/18
Committee: LIBE
Amendment 28 #

2022/2048(INI)

Motion for a resolution
Recital A
A. whereas the unprovoked and unjustified military aggression by the Russian Federation against Ukraine has brought war back to the European continent, has seriously undermined European and global security, has revived the nuclear threat, has created economic uncertainty, has led to a spike in energy prices, has considerable potential to further destabilise many non-EU countries and has therefore significantly changed the geopolitical context of the EU’s common foreign and security policy (CFSP);
2022/10/24
Committee: AFET
Amendment 38 #

2022/2048(INI)

Motion for a resolution
Recital B
B. whereas the Russian war of aggression against Ukraine was a wake-up call for the European Union, presenting a real threat to European security, underlining the need and creating a momentum to achieve a geopolitical redefinition of the CFSP; whereas it is also an opportunthe war against Ukraine highlights the necessity for the Member States to show the political will to transform the CFSP into a fully fledged European policy;
2022/10/24
Committee: AFET
Amendment 89 #

2022/2048(INI)

Motion for a resolution
Paragraph 3
3. Recalls that the Strategic Compass, adopted by the Council in March 2022, gives the EU the tools to be both an effective security provider in a hostile environment and a more assertive global actor for peace and human security, and therefore calls for its swift and full implementation;
2022/10/24
Committee: AFET
Amendment 132 #

2022/2048(INI)

Motion for a resolution
Paragraph 6 – point a
(a) switching progressively to qualified majority voting for decisions in areas of the CFSP that do not have military or defence implications, as well as for other EU external policy tools such as the EU Global Human Rights Sanctions Regime, by using the passerelle clauses provided for in the Treaties;
2022/10/24
Committee: AFET
Amendment 149 #

2022/2048(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Welcomes the European Commission's intention to extend the scope of the EU Global Human Rights Sanctions Regime to include acts of corruption thereby acknowledging the close link between corruption and human rights violations;
2022/10/24
Committee: AFET
Amendment 152 #

2022/2048(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Calls on the Commission for a timely inclusion of corruption in the EU Global Human Rights Sanctions Regime (EU Magnitsky Act);
2022/10/24
Committee: AFET
Amendment 215 #

2022/2048(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the swift use of the European Peace Facility to support Ukraine, improve its ability to act and build on the European Peace Facility support already delivered to Ukraine, including through the Clearing House Cell; welcomes the set up a Military Assistance Mission in support of Ukraine (EUMAM Ukraine);
2022/10/24
Committee: AFET
Amendment 230 #

2022/2048(INI)

Motion for a resolution
Paragraph 11
11. Underlines the importance of stepping up the EU’s efforts, in cooperation with NATO and other international partners, to address hybrid threats, cyberattacks, disinformation and, propaganda campaigns and to protect critical infrastructure;
2022/10/24
Committee: AFET
Amendment 237 #

2022/2048(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Calls for initiatives to strengthen the resilience of supply chains and EU critical infrastructure, including offshore pipelines and cables;
2022/10/24
Committee: AFET
Amendment 265 #

2022/2048(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Highlights the importance to continue building alliances and understanding among partners, and common approach to crisis situations like Russia’s war of aggression against Ukraine;
2022/10/24
Committee: AFET
Amendment 267 #

2022/2048(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Underlines that the war of aggression against Ukraine has shown the relevance of NATO as security alliance; reiterates that NATO, in the absence of a strong common European defence and European strategic autonomy in the field of defence, is and remains the cornerstone of the EU's security; welcomes that the EU and NATO will take their partnership forward and calls for a new EU-NATO Joint Declaration that fully reflects the changed security environment and new security challenges that have emerged since Russia's war of aggression in Ukraine;
2022/10/24
Committee: AFET
Amendment 274 #

2022/2048(INI)

Motion for a resolution
Paragraph 13 b (new)
13b. Supports the European Political Community as a forum for dialogue and cooperation on issues of common interest and to strengthen the security of the European continent; welcomes that 44 countries took part in the first meeting in Prague, including close partners such as the UK;
2022/10/24
Committee: AFET
Amendment 285 #

2022/2048(INI)

Motion for a resolution
Paragraph 14
14. Highlights the need to intensify the dialogue with the UK on possible avenues for future cooperation and coordination in the area of foreign and security policy, including in the framework of the EU- NATO partnership, the United Nations and other international forums; welcomes the UK's participation in the first meeting of the European Political Community;
2022/10/24
Committee: AFET
Amendment 299 #

2022/2048(INI)

Motion for a resolution
Paragraph 16
16. Takes note of the outcome of the EU-China Summit; reiterates its requests for a renewed, more assertive EU-China strategy that shapes relations with China in the interest of the EU as a whole and takes full account of the challenges stemming from China's rise as a global actor; calls on the EU and Member States to consider their dependency on China and address economic dependencies in strategic sectors that may result in vulnerabilities; underscores the necessity of ensuring that any support to Russia’s war in Ukraine and any circumvention of the effects of the sanctions against Russia by China must have consequences for its relations with the EU; believes that the no- limits partnership between China and Russia and China's efforts to prevent a debate in the UN Human Rights Council on Xinjiang abuses are exemplary of our systemic rivalry with China;
2022/10/24
Committee: AFET
Amendment 318 #

2022/2048(INI)

Motion for a resolution
Paragraph 17
17. Strongly condemns China's continued military provocations against Taiwan and reiterates its firm rejection of any unilateral change to the status quo in the Strait of Taiwan; denounces statements by the Chinese president that China will never renounce the right to use force over Taiwan; Calls on the Commission and the VP/HR to establish strategic cooperation with Taiwan;
2022/10/24
Committee: AFET
Amendment 351 #

2022/2048(INI)

Motion for a resolution
Paragraph 21
21. Points out that relations with India are deepening through the ongoing trade negotiations; expresses the hope that India will align its position on Russia's invasion of Ukraine with the rest of the democratic world and calls on the Council and HR/VP to make diplomatic efforts in this regard;
2022/10/24
Committee: AFET
Amendment 369 #

2022/2048(INI)

Motion for a resolution
Paragraph 22 a (new)
22b. Welcomes the setting up of a monitoring capacity along the Armenian- Azerbaijan border to monitor the situation in the region, build confidence and contribute to restoring peace and security;
2022/10/24
Committee: AFET
Amendment 376 #

2022/2048(INI)

Motion for a resolution
Paragraph 22 b (new)
22b. Calls on the EU to continue to support the Belarus people in their ongoing struggle for a free and democratic Belarus; condemns Lukashenka's active role in supporting the war in Ukraine and building up tensions; denounces Lukashenka's regime and Russia's disinformation regarding so- called threats to the Belarusian territory;
2022/10/24
Committee: AFET
Amendment 393 #

2022/2048(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. urges the Commission to closely monitor Russia’s destabilizing actions in the Republic of Moldova and to provide the necessary support to the Moldovan authorities and civil society in responding to emerging threats;
2022/10/24
Committee: AFET
Amendment 410 #

2022/2048(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Calls on the Commission and the EEAS to assist Bosnia-Herzegovina in swiftly implementing the key priorities and in preventing a backslide into nationalistic policies of the past; reiterates the need to ensure that every citizen’s rights, regardless of ethnic, political and religious affiliation, are fully respected in line with ECHR rulings, Constitutional Court decisions and Venice Commission recommendations;
2022/10/24
Committee: AFET
Amendment 414 #

2022/2048(INI)

Motion for a resolution
Paragraph 24 d (new)
24d. Takes note of the Türkiye 2022 report presented by the European Commission on 12 October 2022; is highly concerned by the fact that the Turkish government has not reversed the negative trend in relation to reform, that concerns on the deterioration of democracy, the rule of law, fundamental rights and the independence of the judiciary have not been addressed and that Türkiye’s foreign policy continued to be at odds with the EU priorities under the CFSP, with an alignment rate of only 7 % in the reporting period; reiterates its position of 18 May 2022 in which it states that it cannot envisage any resumption of the accession negotiations with Turkey;
2022/10/24
Committee: AFET
Amendment 421 #

2022/2048(INI)

Motion for a resolution
Paragraph 24 b (new)
24b. Stresses the need for candidate and non-candidate countries of the Western Balkans to fully align their policies to the EU CSFP and calls on the Commission and Member states to use the CSFP as a tool to enhance cooperation with Western Balkan countries; underlines the particular importance of Serbia's full CFSP alignment in the light of Russia's illegal war of aggression, as well as on other fundamental EU values and principles such as the respect for human rights and the Rule of Law;
2022/10/24
Committee: AFET
Amendment 445 #

2022/2048(INI)

Motion for a resolution
Paragraph 26
26. Calls for a swift restoration and full implementation by all parties of the Joint Comprehensive Plan of Action, which is a cornerstone of non-proliferation and the stabilisation of the Middle East and the Gulf region; welcomes the adoption of targeted sanctions against the Iranian regime, including Iran's Morality Police, for the violent crackdown on peaceful protestors; calls for a strong EU response to Iran's involvement in Russia's war against Ukraine;
2022/10/24
Committee: AFET
Amendment 467 #

2022/2048(INI)

Motion for a resolution
Paragraph 28
28. Condemns in the strongest possible terms the Russian war of aggression against Ukraine, as well as the enabling role of the Belarusian regime, and calls on the Russian leadership to end it immediately and withdraw unconditionally from Ukraine and any other countryies, notably Georgia and the Republic of Moldova, whose territory, or parts thereof, it has unlawfully occupied; urges the international community to hold Russia and its proxies accountable for the countless war crimes and human rights violations, including forced deportation of Ukrainians, its armed forces have perpetrated in Ukraine and elsewhere, and reaffirms that Russia will have to pay compensation for all of the damage and destruction it has caused in Ukraine; notes that many Russian citizens leave Russia to avoid conscription;
2022/10/24
Committee: AFET
Amendment 4 #

2022/2025(INI)

Motion for a resolution
Citation 7 a (new)
— having regard to the European Data Protection Supervisor’s Opinion 8/2022 on the Recommendation for a Council decision authorising the opening of negotiations for a cooperation agreement between the EU and Interpol,
2022/05/19
Committee: LIBE
Amendment 7 #

2022/2025(INI)

Motion for a resolution
Citation 7 b (new)
— having regard to INTERPOL’s Rules on the Processing of Data,
2022/05/19
Committee: LIBE
Amendment 8 #

2022/2025(INI)

Motion for a resolution
Citation 7 c (new)
— having regard to Resolutions 2161/2017 and 2315/2019 of the Parliamentary Assembly of the Council of Europe,
2022/05/19
Committee: LIBE
Amendment 22 #

2022/2025(INI)

Motion for a resolution
Recital C
C. whereas Interpol is one of the largest inter-governmental criminal police organisations and has an important role to play all over the world; whereas the Commissionuncil adopted a mandate for the Commission to negotiate, on behalf of the EU, is seeking reinforceda cooperation agreement with Interpol, including access to Interpol databases and the strengthening of operational and strategic cooperation: whereas it is paramount to ensure that measures are put in place to guarantee the integrity and correctness of data in practice;
2022/05/19
Committee: LIBE
Amendment 41 #

2022/2025(INI)

Motion for a resolution
Recital H
H. whereas the new agreement should establish a modern and coherent framework for the EU’s agencies’ cooperation with Interpol, taking into account the latest developments in combating terrorism and cross-border, transnational, serious and organised crime; whereas the agreement should respond to current operational needs, as well as to the EU’s latest data protection regime and provide the legal basis for the exchange of operational information and access to relevant Interpol databases, while fully respecting the EU’s data protection regime, including Regulation (EU) 2016/679 (GDPR), Regulation (EU) 2018/1725 (EUDPR), and Directive (EU) 2016/680 (LED);
2022/05/19
Committee: LIBE
Amendment 52 #

2022/2025(INI)

Motion for a resolution
Recital K
K. whereas internationgovernmental, international, and non-governmental organisations continue to report abuses by some states of Interpol’s notice system in order to persecute national human rights defenders, civil society activists and journalists in violation of international standards on human rights; whereas according to reports by international actors, Interpol has significantly reformed and strengthened its red notices review processes, as well as its support systems for national central bureaus in member countries, reformed the setup and functioning of the Commission for the Control of Files, enforcing its complaints mechanism, appointed a data protection officer and implemented a learning and knowledge-sharing programme; whereas despite those reforms, serious concerns remain related to possible abuses of the Interpol system impacting on fundamental rights as recent reports also still emphasise the need for more legal safeguards, more transparency, and better implementation of reforms;
2022/05/19
Committee: LIBE
Amendment 56 #

2022/2025(INI)

Motion for a resolution
Recital K a (new)
K a. whereas Article 3 of the Interpol constitution prohibits any intervention or activity of apolitical, military, religious or racist character; whereas abuses in high profile cases by multiple member countries of Interpol have still been observed in recent years; whereas politically motivated extraditions especially are often triggered by the abusive issuing of a ‘Red Notice’ or “wanted person diffusion” through Interpol; whereas scarce information is made available by Interpol on the manner in which it reviews Red Notices, its administrative ability to do so, and the outcomes of these reviews, leading to a lack of transparency as regards how Interpol works towards effectively countering politically motivated red notices;
2022/05/19
Committee: LIBE
Amendment 63 #

2022/2025(INI)

Motion for a resolution
Recital L
L. whereas Russianumerous undemocratic countries still remains a member countries of Interpol and whereas cooperation with the European Union and Interpol members is based on trust; whereas trust between parties relies on the swift tackling of misuse of Interpol notices by countries seeking to use Interpol systems for political ends; whereas, in this context, Interpol’s systems must respect human rights and the rule of law, and uphold its commitments on political, religious or military abuse;
2022/05/19
Committee: LIBE
Amendment 67 #

2022/2025(INI)

Motion for a resolution
Recital L a (new)
L a. whereas Russia’s invasion of Ukraine is a direct threat to international law enforcement cooperation and its continued access to Interpol’s databases a threat to the integrity of the EU’s cooperation with Interpol; whereas Russia is responsible for more than a third of the amount of Red Notices worldwide;
2022/05/19
Committee: LIBE
Amendment 68 #

2022/2025(INI)

Motion for a resolution
Paragraph 1
1. Recalls that European values and fundamental rights must be the basis of European security policies, ensuring respect for the principles of necessity, proportionality and legality and safeguarding accountability and judicial redress, while enabling effective protection of individuals, particularly the most vulnerable; recalls, further, that these principles should be at the core of the development of digitalisation in the area of justice and security and the development of the interoperability framework for the many systems in justice and security, including borders; stresses that these principles should be at the core of the negotiations between the EU and Interpol on a cooperation agreement;
2022/05/19
Committee: LIBE
Amendment 74 #

2022/2025(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Regrets that prior to adopting the Recommendation for a Council Decision authorising the opening of negotiations for a cooperation agreement between the European Union and Interpol, the Commission did not perform a fundamental rights impact assessment on the necessity and proportionality of each envisaged measure and on the legal feasibility of all envisaged measures under a single overarching agreement;
2022/05/19
Committee: LIBE
Amendment 76 #

2022/2025(INI)

Motion for a resolution
Paragraph 1 b (new)
1 b. Stresses that the subject matter of this envisaged agreement would fall in particular in the field of instruments on data protection, and that therefore the Council Decision on the possible conclusion of this envisaged agreement should be based on Article 16 TFEU;
2022/05/19
Committee: LIBE
Amendment 84 #

2022/2025(INI)

Motion for a resolution
Paragraph 4
4. RecommendStresses that the Commission provide during the negotiations on controlled access to Interpol’s databases by EU Member States and EU agencies the necessary safeguards and guarantees to ensure full compliance with the EU data protection framework and fundamental rights; stresses that as regards controlled access the agreement should at least provide the safeguards already provided for by the Europol RegulationInteroperability Regulations and the ETIAS Regulation so that any automated queries of Interpol’s databases are carried out in such a way that no information is revealed to the State owner of the Interpol alert;
2022/05/19
Committee: LIBE
Amendment 87 #

2022/2025(INI)

Motion for a resolution
Paragraph 4
4. Recommends that the Commission provide during the negotiations on controlled access to Interpol’s databases by EU Member States and EU agencies the necessary safeguards and guaranteesconcrete, specific and effective safeguards and guarantees for each type of cooperation included in the envisaged agreement, to ensure full compliance with the EU data protection framework and fundamental rights; stresses that the agreement should at least provide the safeguards already provided by the Europol Regulation;
2022/05/19
Committee: LIBE
Amendment 90 #

2022/2025(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Recommends that the Commission explicitly clarifies that there will be no reciprocal direct or indirect access by Interpol to the EU databases;
2022/05/19
Committee: LIBE
Amendment 91 #

2022/2025(INI)

Motion for a resolution
Paragraph 4 b (new)
4 b. Recommends that the Commission negotiate with Interpol requirements relating to a high level of the quality and verifiability of information in Interpol’s databases and of the transparency of information sources.
2022/05/19
Committee: LIBE
Amendment 93 #

2022/2025(INI)

Motion for a resolution
Paragraph 5
5. Recommends special vigilance during the negotiations due to the sensitivity of thepersonal data concerned and to the number of third countriesy members of Interpol, which are not party to that do not offer an adequivalent agreement with the EU or whose authorities to which personal data is intended to be transferred are not covered by a Commission adequacy decisionate level of data protection, in line with Regulation 2016/679 (GDPR);
2022/05/19
Committee: LIBE
Amendment 103 #

2022/2025(INI)

Motion for a resolution
Paragraph 7
7. Recommends that the Commission ensure strictly that the level of personal data protection and the protection of individuals’ fundamental rights and freedoms currently guaranteed under EU primary and secondary law is maintained in exchanges of personal data with Interpol; the Commission’s negotiation strategyenvisaged cooperation agreement should not lead to a weakening of the fundamental rights and freedoms of natural persons, and in particular of their rights to data protection and to privacy;
2022/05/19
Committee: LIBE
Amendment 109 #

2022/2025(INI)

Motion for a resolution
Paragraph 8
8. Recommends that the Commission guarantee that the transfer of personal data is adequate, relevant and limited to what is strictly necessary for the purpose for which it has been transferred, in line with the EU’s data protection regime, including Regulation (EU) 2016/679 (GDPR), Regulation (EU) 2018/1725 (EUDPR), and Directive (EU) 2016/680 (LED);
2022/05/19
Committee: LIBE
Amendment 118 #

2022/2025(INI)

Motion for a resolution
Paragraph 10
10. Recommends that the Commission ensure an oversight system for the use by Interpol of personal data collected by consulting EU systems; recommends that this oversight is done by one or more independent bodies responsible for data protection with effective powers of investigation and intervention, with powers to hear complaints from individuals about the use of their personal data;
2022/05/19
Committee: LIBE
Amendment 120 #

2022/2025(INI)

Motion for a resolution
Paragraph 10
10. Recommends that the Commission ensure an independent oversight system for the use by Interpol of personal data collected by consulting EU systems; of personal data queried via Interpol databases by EU agencies and bodies, with effective powers of investigation, intervention and enforcement, and powers to hear and act upon complaints from individuals about the use of their personal data;
2022/05/19
Committee: LIBE
Amendment 127 #

2022/2025(INI)

Motion for a resolution
Paragraph 12
12. Recommends that the Commission ensure the effective and enforceable rights to administrative and judicial redress for any person whose data are processed under this agreement and that it guarantee effective remedies;
2022/05/19
Committee: LIBE
Amendment 129 #

2022/2025(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Stresses that the envisaged agreement should clearly outline the procedures regarding the obligation of Interpol to notify in the event of a personal data breach, and a description of the minimum information to be provided when notifying the breach; considers that in such a case Interpol should without undue delay notify the relevant competent authorities and oversight bodies and, wherever necessary, data subjects;
2022/05/19
Committee: LIBE
Amendment 133 #

2022/2025(INI)

Motion for a resolution
Paragraph 13
13. Stresses that cooperation and information sharing are important tools to combat crime and terrorism and pursue justice, but they need to be targeted and used with predefined common safeguards and checks; underscores that they should address fundamental rights challenges in particular by enhancing data quality, mitigating bias, detecting errors and avoiding any form of discrimination in the decision-making process;
2022/05/19
Committee: LIBE
Amendment 139 #

2022/2025(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Stresses that the envisaged agreement should clearly set out which EU agencies should have access rights to which specific database of Interpol, and for which of their specific tasks and specific purposes; considers that the envisaged agreement should not create an obligation for EU agencies to cooperate with Interpol beyond what is already set out in relevant Union law;
2022/05/19
Committee: LIBE
Amendment 149 #

2022/2025(INI)

Motion for a resolution
Paragraph 19
19. Recommends limiting the application of derogations for onward transfers to the cases already allowed for EU agencies and bodies concerned when transferring personal data; stresses that the specific requirements under the Regulations establishing the concerned EU agencies or bodies are fully respected, including the specific provisions related to the transfers of operational data by Europol and EPPO;
2022/05/19
Committee: LIBE
Amendment 154 #

2022/2025(INI)

Motion for a resolution
Paragraph 20
20. Recommends that the agreement ensure that transfers must be necessaryof personal data must be subject to confidentiality obligations, and necessary and proportionate for the purposes specified in the agreement, namely prevention, investigation, detection or prosecution of criminal offences, safeguarding against threats to public security and protecting external borders;
2022/05/19
Committee: LIBE
Amendment 157 #

2022/2025(INI)

Motion for a resolution
Paragraph 21
21. Recommends that the agreement explicitly lay down that personal data transferred by the EU to Interpol will not be used to request, hand down or execute a death penalty or any form of cruel and inhuman treatment, or if there is any risk to this;
2022/05/19
Committee: LIBE
Amendment 163 #

2022/2025(INI)

Motion for a resolution
Paragraph 22
22. Stresses, with a view to future cooperation, that despite recent reforms transparency remains a challenge both at the individual and the organisational level in Interpol, as does a lack of available statistical information on the operation of its notices systems; encouragesconsiders that the Commission, therefore, to take actions to ensure that should only conclude the agreement once Interpol furtherhas developsed and implemented the legal framework and substantive tools allowing consistent and transparent processing of requests, reviews, challenges, corrections and deletions;
2022/05/19
Committee: LIBE
Amendment 168 #

2022/2025(INI)

Motion for a resolution
Paragraph 23
23. Calls on the Commission, in the context of this agreement, to explore possible waysStresses that before concluding this agreement, the Commission should develop and implement a legal and institutional framework for the way in which the ESP could addresses the problem of politically-motivated red notices, which in practice would be one of tools that could prove effective against politically motivated red notice requests in some situations;
2022/05/19
Committee: LIBE
Amendment 170 #

2022/2025(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Calls on the Commission to negotiate with Interpol a firm requirement that Interpol improves the transparency of its Red Notices review system, in particular of the role and work of its Notices and Diffusions Task Force; recommends including a requirement for Interpol to produce yearly statistical data on its processing of requests for red notices with data on country of request, criminal offence category, review outcome, reasons for denial, and the use of available sanctions against its member states;
2022/05/19
Committee: LIBE
Amendment 171 #

2022/2025(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Stresses that before the Commission concludes this envisaged agreement with Interpol, Interpol should develop public risk profiles of Red Notice requesting countries, based on yearly statistical annual data on processing of requests for Red Notices, which would allow for the evaluation of the risk of abuse by the requesting countries, and which would contribute to evaluate the effectiveness of the enforcement mechanisms of Interpol;
2022/05/19
Committee: LIBE
Amendment 174 #

2022/2025(INI)

Motion for a resolution
Paragraph 23 b (new)
23 b. Calls on the Commission to work also internally, making use of existing technical tools available in the EU Security Framework, to establish a verification mechanism for EU Member States to exchange information on the identification and removal of politically motivated Red Notices, on best practices in this field, and on risk profiles third countries creating Red Notices.
2022/05/19
Committee: LIBE
Amendment 179 #

2022/2025(INI)

Motion for a resolution
Paragraph 23 c (new)
23 c. Calls on the Commission to recognise the risk of undemocratic countries systematically undermining the trust-based international law enforcement cooperation by abusing the tools provided by Interpol; Calls further on the Commission to encourage Interpol to increase its efforts ineffectively countering this misconduct;
2022/05/19
Committee: LIBE
Amendment 185 #

2022/2025(INI)

Motion for a resolution
Paragraph 24
24. Notes the announcement by Interpol’s Secretary-General that it would implement enhanced monitoring measures to identify and prevent further abuse of Interpol’s systems by Russia; remains concerned, however, that monitoring alone will not fully mitigate the risks of Russian abuse; stresses, therefore, that given the current special circumstances, including Russia’s blatant breaches of international law and disregard for the rules based international system, Interpol should take immediate and firm measures to exclude the Russian Federation from the organisation’s access to Interpol’s systems;
2022/05/19
Committee: LIBE
Amendment 188 #

2022/2025(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Recommends the Commission to urge Interpol’s General Secretariat to submit to the Executive Committee a proposal for corrective measures for the Russian Federation according to Article 131(3) of Interpol’s Rules on the Processing of Data, including suspension of the access rights of the Russian National Central Bureau;
2022/05/19
Committee: LIBE
Amendment 196 #

2022/2025(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Considers that the envisaged agreement should contain a clause on a review report by the Commission three years after entry into force, and thereafter every three years, assessing the effective implementation of the Agreement, respect of fundamental rights, and containing quantitative evidence of the effectiveness of the Agreement, including statistics on the number of criminals arrested and convicted with help of Interpol data;
2022/05/19
Committee: LIBE
Amendment 198 #

2022/2025(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Recommends that any dispute settlement to be negotiated falls under the ultimate jurisdiction of the Court of Justice of the European Union;
2022/05/19
Committee: LIBE
Amendment 199 #

2022/2025(INI)

Motion for a resolution
Paragraph 26
26. Calls on the Commission to report to Parliament on the conduct and the outcome of the negotiations both on a regular basis and whenever requested by the Council; Recalls that Parliament has consenting power to the conclusion of the envisaged cooperation agreement and that it should thus be closely involved in the negotiating process; Calls on the Commission to ensure that reporting to Parliament is part of the monitoring and evaluation mechanisms foreseen in the cooperation agreement;
2022/05/19
Committee: LIBE
Amendment 128 #

2022/0424(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) the collection by air carriers of advance passenger information (‘API data’) on flights into the Unionextra-EU flights and selected intra-EU flights;
2023/09/06
Committee: LIBE
Amendment 134 #

2022/0424(COD)

Proposal for a regulation
Article 2 – paragraph 1
This Regulation applies to air carriers conducting scheduled or non-scheduled flights into the Unionextra-EU flights or intra-EU flights.
2023/09/06
Committee: LIBE
Amendment 139 #

2022/0424(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
(ba) ‘extra-EU flights’ means any flight as defined in Article 3, point (2), of Directive (EU) 2016/681;
2023/09/06
Committee: LIBE
Amendment 140 #

2022/0424(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b b (new)
(bb) ‘intra-EU flight’ means any flight as defined in Article 3, point (3), of Directive (EU) 2016/681;
2023/09/06
Committee: LIBE
Amendment 141 #

2022/0424(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point c
(c) ‘flights into the Union’ means flights flying from the territory either of a third country or of a Member State not participating in this Regulation, and planned to land on the territory of a Member State participating in this Regulation;deleted
2023/09/06
Committee: LIBE
Amendment 187 #

2022/0424(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. The competent border authorities shall store, for a time period of 4896 hours from the moment of departure of the flight, the API data relating to that passenger that they received through the router pursuant to Article 11. They shall immediately and permanently delete that API data after the expiry of that time period.
2023/09/06
Committee: LIBE
Amendment 83 #

2022/0167(COD)

Proposal for a directive
Recital 3
(3) An effective asset recovery system requires the swift tracing and identification of instrumentalities and proceeds of crime, and property suspected to be of criminal origin. Such proceeds, instrumentalities, and property should be frozen in order to prevent its disappearance, following which it should be confiscated upon conclusion of criminal proceedings. An effective asset recovery system further requires the effective management of frozen and confiscated property to maintain its value for the State or, in particular, for the restitution for victims.
2023/03/10
Committee: LIBE
Amendment 84 #

2022/0167(COD)

Proposal for a directive
Recital 5
(5) Therefore, the existing legal framework should be updated, so as to facilitate and ensure effective asset recovery and confiscation efforts across the Union. To that end, the Directive should lay down minimum rules on tracing and identification, freezing, confiscation and management of property within the framework of proceedings in criminal matters. In this context, proceedings in criminal matters is an autonomous concept of Union law interpreted by the Court of Justice of the European Union, notwithstanding the case law of the European Court of Human Rights. The term covers all types of freezing and confiscation orders issued following proceedings in relation to a criminal offence. It also covers other types of orders issued without a final conviction. Proceedings in criminal matters could also encompass criminal investigations by the police and other law enforcement authorities. If their national system is so designed, Member States may apply this Directive in the domain of criminal law, administrative law or civil law, as long as it is ensured that any procedure satisfies the essential characteristics of criminal procedure, in particular its safeguards. It is necessary to reinforce the capacity of competent authorities to deprive criminals of the proceeds from criminal activities. For this purpose, rules should be laid down to strengthen asset tracing and identification, as well as freezing capabilities, to improve management of frozen and confiscated property, to strengthen the instruments to confiscate instrumentalities and proceeds of crime and property derived from criminal activities of criminal organisations, and to improve the overall efficiency of the asset recovery system.
2023/03/10
Committee: LIBE
Amendment 87 #

2022/0167(COD)

Proposal for a directive
Recital 8
(8) The rules should facilitate cross- border cooperation by providing the competent authorities with the necessary powers and resources to respond in a swift and effective way to requests from authorities in other Member States. Provisions laying down rules on early tracing and identification, urgent action to freeze, or efficient management contribute to improving the possibilities for asset recovery across borders. Given the global nature of in particular organised crime, and the fleeting nature of criminal assets that can easily be moved, cooperation with third countries should also be strengthened.
2023/03/10
Committee: LIBE
Amendment 100 #

2022/0167(COD)

Proposal for a directive
Recital 14
(14) In order to facilitate cross-border cooperation, the tracing and identification of property at an early stage of a criminal investigation is of essence to ensure the prompt identification of instrumentalities, proceeds, or property, which might be subsequently confiscated, including property related to criminal activities located in other jurisdictions. To ensure a high standard of operating, it is important that rules relating to the work of asset recovery office are harmonised, in order to increase the rate of cross-border information exchange and the tracing of criminal assets. To ensure that financial investigations are sufficiently prioritised in all Member States, so to address a crime of cross-border nature, it is necessary to require competent authorities to launch asset tracing from the moment there is a suspicion of criminal activities that are likely to generate substantial economic benefits.
2023/03/10
Committee: LIBE
Amendment 102 #

2022/0167(COD)

Proposal for a directive
Recital 17
(17) In order to perform effective asset tracing investigations, efficiently assess whether it is worthwhile to issue a freezing order under Regulation (EU) 2018/1805, and to swiftly respond to cross- border requests, asset recovery offices should have access to the information that allows them to establish the existence, ownership or control of property that may become object of a freezing or a confiscation order. Therefore, asset recovery offices should have swift access to the relevant data such as balances on bank accounts and transaction data, fiscal data, national citizenship and population registries, commercial databases and social security information. This should include law enforcement information in so far as data such as criminal records, vehicles stops, property searches and previous legal actions such as freezing and confiscation orders or seizures of cash can be of value to identify relevant property. Access to information should be subject to specific safeguards that prevent the misuse of the access rights. These safeguards should be without prejudice toin full compliance with Article 25 of Directive (EU) 2016/680 of the European Parliament and of the Council23. The direct and immediate access to this information does not prevent Member States from making access subject to procedural safeguards as established under national law while taking due account of the need for asset recovery offices to be able to swiftly reply to cross-border requests. Requests for information may be refused by asset recovery offices when it would entail a manifest breach of a relevant fundamental right as set out in the Charter, in particular the right to an effective remedy, the right to a fair trial or the right to defence. The implementation of the procedural safeguards for access to databases should not affect the ability of asset recovery offices to respond to requests from other Member States, especially in case of urgent requests. Access to relevant databases and registries under this Directive should complement access to bank account information pursuant to Directive (EU) 2019/1153 of the European Parliament and of the Council24and to beneficial ownership information pursuant to Directive (EU) 2015/849 of the European Parliament and of the Council25. _________________ 23 Directive (EU) 2016/680 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89). 24 Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA (OJ L 186, 11.7.2019, p. 122). 25 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, as amended by Directive (EU) 2018/843 (OJ L 141 5.6.2015, p. 73).
2023/03/10
Committee: LIBE
Amendment 104 #

2022/0167(COD)

Proposal for a directive
Recital 18
(18) To ensure and facilitate the security of the information and personal data shared between asset recovery offices, and the use ofsupervision thereof, all asset recovery offices should be able to directly access the Secure Information Exchange Network Application (SIENA), managed by Europol in accordance with Regulation (EU) 2016/794 of the European Parliament and of the Council26,. The use of SIENA should be mandatory for all communications among asset recovery offices under this Directive. Therefore, in order to be able to fulfil all the tasks assigned by this Directive, all asset recovery offices should be able to directly access SIENA. _________________ 26 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
2023/03/10
Committee: LIBE
Amendment 114 #

2022/0167(COD)

Proposal for a directive
Recital 26
(26) Confiscation should also be possible where a court is satisfied that the instrumentalities, proceeds, or property in question is derived from criminal conduct but where a final conviction is not possible because of illness, absconding or death of the suspected or accused person, or because the suspected or accused person cannot be held liable because of immunity or amnesty as provided for under national law. The same should be possible where the time limits prescribed under national law have expired, where such time limits are not sufficiently long to allow for the effective investigation and prosecution of the relevant criminal offences. Confiscation in such cases should only be allowed where the national court is satisfied that all the elements of the offence are present. For reasons of proportionality, confiscating property without a prior conviction should be limited to cases of serious crimes. TConfiscations that do not follow a conviction need to be in compliance with fundamental rights. In particular, the right of the defendant to be made aware of the proceeding and to be represented by a lawyer should not be affected.
2023/03/10
Committee: LIBE
Amendment 126 #

2022/0167(COD)

Proposal for a directive
Recital 34
(34) Freezing, confiscation, and interlocutory sales orders should, in principle, be communicated to the affected party without delay, except in circumstances wherein such communication can put at risk the confidentiality or integrity of a criminal investigation. The purpose of communicating those orders is, inter alia, to allow the affected person to challenge them before a court. Therefore, such communications should, as a general rule, indicate the reason or reasons for the order concerned. The affected party should have the effective possibility to challenge the freezing, confiscation, and interlocutory sales orders. In the case of confiscation orders where all elements of the criminal offence are present but a criminal conviction is impossible, the defendant should have a possibility to be heard before the adoption of the order. The same possibility should be provided for the owner affected by an order to sell the property before confiscation.
2023/03/10
Committee: LIBE
Amendment 128 #

2022/0167(COD)

Proposal for a directive
Recital 39 a (new)
(39a) It is important that minimum standards for the functioning of asset recovery offices and asset management offices are ensured throughout the Union. For this reason, Member States should be required to regularly report to the Commission on the financial, human and technical resources allocated to these offices.
2023/03/10
Committee: LIBE
Amendment 129 #

2022/0167(COD)

Proposal for a directive
Recital 43 a (new)
(43a) In order to advise the Commission on the implementation of the measures provided for in this Directive, to exchange information on the efficiency and effectiveness of the cooperation with third countries and to analyse the national strategies on asset recovery adopted by Member States to identify best practices, a platform on asset recovery and confiscation (the ‘platform’) should be established under the political guidance of the Commission. The platform should be composed of representatives from asset recovery offices and asset management offices and should be co-chaired by a representative of the Commission and of Europol. It should invite representatives from Eurojust and the European Public Prosecutors Office to participate to the meetings of the platform.
2023/03/10
Committee: LIBE
Amendment 130 #

2022/0167(COD)

Proposal for a directive
Recital 43 b (new)
(43b) In order to enhance the effectiveness of the Union’s restrictive measures, an EU Coordinator for compliance with restrictive measures of the Union should be appointed. The EU Coordinator for compliance with restrictive measures of the Union should analyse, coordinate, and promote new restrictive measures in the Union, pool information and resources to counter their violation, and identify sectors and trade flows with a high circumvention risk;
2023/03/10
Committee: LIBE
Amendment 131 #

2022/0167(COD)

Proposal for a directive
Recital 43 c (new)
(43c) To manage the frozen assets within the framework of the Common Foreign and Security Policy efficiently, the European Commission should set up a special EU Asset Management Office.
2023/03/10
Committee: LIBE
Amendment 146 #

2022/0167(COD)

Proposal for a directive
Article 2 – paragraph 2 – point g a (new)
(ga) swindling;
2023/03/10
Committee: LIBE
Amendment 154 #

2022/0167(COD)

Proposal for a directive
Article 2 – paragraph 2 – point j a (new)
(ja) illicit trafficking in hormonal substances and other growth promoters;
2023/03/10
Committee: LIBE
Amendment 155 #

2022/0167(COD)

Proposal for a directive
Article 2 – paragraph 2 – point j b (new)
(jb) illicit trafficking in nuclear or radioactive materials;
2023/03/10
Committee: LIBE
Amendment 156 #

2022/0167(COD)

Proposal for a directive
Article 2 – paragraph 2 – point j c (new)
(jc) crimes within the jurisdiction of the International Criminal Court;
2023/03/10
Committee: LIBE
Amendment 157 #
2023/03/10
Committee: LIBE
Amendment 163 #

2022/0167(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 5 a (new)
(5a) ‘urgent freezing measure’ means immediate action undertaken by an asset recovery action when necessary in order to preserve a property;
2023/03/10
Committee: LIBE
Amendment 168 #

2022/0167(COD)

Proposal for a directive
Article 4 – paragraph 1
1. To facilitate cross-border cooperation, Member States shall take measures to enable the swift tracing and identification of instrumentalities and, proceeds, or property, or unexplained wealth which may become or is the object of a freezing or confiscation order in the course of criminal proceedings.
2023/03/10
Committee: LIBE
Amendment 170 #

2022/0167(COD)

Proposal for a directive
Article 4 – paragraph 2
2. Asset tracing investigations pursuant to paragraph 1 shall be carried out immediately by competent authorities whenever an investigation is initiated in relation to a criminal offence which is likely to give rise to substantial economic benefit, or where necessary to prevent, detect or investigate criminal offences related to the violation of Union restrictive measures. The initiation of the asset tracing investigation shall be systematic, but may be subject to a minimum threshold as regards the value linked to the criminal offence.
2023/03/10
Committee: LIBE
Amendment 173 #

2022/0167(COD)

Proposal for a directive
Article 5 – paragraph 1
1. Each Member State shall set up at least one asset recovery office to facilitate cross-border cooperation in relation to asset tracing investigations which shall act under the responsibility of a judicial authority.
2023/03/10
Committee: LIBE
Amendment 175 #

2022/0167(COD)

Proposal for a directive
Article 5 – paragraph 2 – point a
(a) trace and identify instrumentalities, proceeds, or property, or unexplained wealth whenever necessary to support other competent national authorities responsible for asset tracing investigations pursuant to Article 4;
2023/03/10
Committee: LIBE
Amendment 177 #

2022/0167(COD)

Proposal for a directive
Article 5 – paragraph 2 – point b
(b) trace and identify instrumentalities, proceeds, or property, or unexplained wealth which may become or is the object of a freezing or confiscation order issued by another Member State;
2023/03/10
Committee: LIBE
Amendment 179 #

2022/0167(COD)

Proposal for a directive
Article 5 – paragraph 2 – point c
(c) cooperate and exchange information with other Member States’ asset recovery offices in the tracing and identification of instrumentalities and , proceeds, or property, or unexplained wealth which may become or is the object of a freezing or confiscation order;
2023/03/10
Committee: LIBE
Amendment 186 #

2022/0167(COD)

Proposal for a directive
Article 6 – paragraph 1 – introductory part
1. For the purposes of performing the tasks referred to in Article 5, Member States shall ensure that asset recovery offices have immediate and direct access to the following information to the extent that information is necessary for the tracing and identification of proceeds, instrumentalities, and property:, and unexplained wealth
2023/03/10
Committee: LIBE
Amendment 187 #

2022/0167(COD)

Proposal for a directive
Article 6 – paragraph 1 – point a a (new)
(aa) data regarding the balance on bank accounts and financial transactions;
2023/03/10
Committee: LIBE
Amendment 192 #

2022/0167(COD)

Proposal for a directive
Article 6 – paragraph 1 – point g a (new)
(ga) in accordance with national law, data stored by providers of virtual assets, including account balances of virtual assets;
2023/03/10
Committee: LIBE
Amendment 193 #

2022/0167(COD)

Proposal for a directive
Article 6 – paragraph 1 – point g b (new)
(gb) in accordance with national law, data stored in the Visa Information System (VIS), Schengen Information System (SIS II), Entry/Exit System (EES), European Travel Information and Authorisation System (ETIAS), and European Criminal Records Information System for Third-Country Nationals (ECRIS-TCN).
2023/03/10
Committee: LIBE
Amendment 197 #

2022/0167(COD)

Proposal for a directive
Article 6 – paragraph 2
2. Where the information referred to in paragraph 1 is not stored in databases or registers, Member States shall take the necessary measures to ensure that asset recovery offices can swiftly obtain that information by other means in a systematic and automised manner.
2023/03/10
Committee: LIBE
Amendment 198 #

2022/0167(COD)

Proposal for a directive
Article 6 – paragraph 2 a (new)
2a. The Commission may adopt delegated acts in accordance with Article 30 laying down specifications for a standardised template for requests for information as referred to in paragraph 1, point (b) of this Article.
2023/03/10
Committee: LIBE
Amendment 201 #

2022/0167(COD)

Proposal for a directive
Article 7 – paragraph 1
1. Access to information pursuant to Article 6 shall be performed only where necessary on a case-by-case basis by the staff specifically designated and authorised to access the information referred to in Article 6, in line with Directive 2016/680 (LED).
2023/03/10
Committee: LIBE
Amendment 204 #

2022/0167(COD)

Proposal for a directive
Article 8 – paragraph 1 – introductory part
1. Without prejudice to the requirements laid down in Article 25 of Directive 2016/680, Member States shall ensure that the authorities holding the information referred to in Article 6 keep logs of all access and search activities by asset recovery offices in accordance with this Directive. The logs shall contain the following:
2023/03/10
Committee: LIBE
Amendment 207 #

2022/0167(COD)

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Member States shall take the necessary measures to ensure that their asset recovery offices provide, upon request from an asset recovery office of another Member State, any information that is necessary for the performance of their tasks pursuant to Article 5. The categories of personal data that can be provided are those listed in Section B, point 2 of Annex II to Regulation (EU) 2016/794, with the exclusion of the special data categories of personal data relating to forensic identification information under Section B, point 2(c)(v) .
2023/03/10
Committee: LIBE
Amendment 211 #

2022/0167(COD)

Proposal for a directive
Article 9 – paragraph 2 – introductory part
2. When making a request pursuant to paragraph 1, the requesting asset recovery office shall, in line with the objective of data minimisation, specify as precisely as possible the following:
2023/03/10
Committee: LIBE
Amendment 219 #

2022/0167(COD)

Proposal for a directive
Article 9 – paragraph 6 – point b a (new)
(ba) (c) in particular and objectively specified circumstances, entail a manifest breach of a relevant fundamental right as set out in the Charter, in particular the right to an effective remedy, the right to a fair trial or the right to defence.
2023/03/10
Committee: LIBE
Amendment 224 #

2022/0167(COD)

Proposal for a directive
Article 9 – paragraph 7
7. For refusals to give information, Member States shall take the necessary measures to ensure that reasons are given for refusals to provide informationand that the requesting asset recovery office is consulted in advance. Refusals shall only affect the part of the requested information to which the reasons set out in paragraph 6 relate and shall, where applicable, leave the obligation to provide the other parts of the information in accordance with this Directive unaffected.
2023/03/10
Committee: LIBE
Amendment 225 #

2022/0167(COD)

Proposal for a directive
Article 10 – paragraph 2
2. Member States shall ensure that the receipt of requests for information pursuant to this Directive are immediately and systematically acknowledged. Where the information requested pursuant to paragraph 1, point (b) is not directly available or the request pursuant to paragraph 1, point (a) imposes a disproportionate burden, the asset recovery office receiving the request may postpone the provision of the information. In that case, the requested asset recovery office shall immediately inform the requesting asset recovery office of this postponement and shall provide the requested information as soon as possible, and in any event within three days of the initial deadline established pursuant to paragraph 1.
2023/03/10
Committee: LIBE
Amendment 229 #

2022/0167(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Freezing measures shall include immediate action, in the form of urgent freezing measures, to be taken when necessary in order to preserve the property.
2023/03/10
Committee: LIBE
Amendment 268 #

2022/0167(COD)

Proposal for a directive
Article 16 – paragraph 2
2. When determining whether the frozen property is derived from criminal offences, account shall be taken of all the circumstances of the case, including the specific facts and available evidence, such as that the value of the property is substantially disproportionate to the lawful income of the owner of the property for which there is no reasonable explanation.
2023/03/10
Committee: LIBE
Amendment 271 #

2022/0167(COD)

Proposal for a directive
Article 17 – paragraph 1
1. Member States shall take the necessary measures to enable the tracing and identification of property to be frozen and confiscated even after a final conviction for a criminal offence, or following proceedings in application of Articles 15 and 16. Member States shall ensure that such investigations are also possible with the aim of victim compensation.
2023/03/10
Committee: LIBE
Amendment 272 #

2022/0167(COD)

Proposal for a directive
Article 17 – paragraph 1 a (new)
1a. For the purpose of paragraph 1, Member States shall ensure that competent authorities can use the same investigative powers as those available for tracing and freezing of assets pursuant to Chapter III of this Directive.
2023/03/10
Committee: LIBE
Amendment 277 #

2022/0167(COD)

Proposal for a directive
Article 17 – paragraph 2 a (new)
2a. Member States shall ensure that assets that are confiscated when acting upon the request of another Member State shall be executed in accordance with an asset-sharing agreement.
2023/03/10
Committee: LIBE
Amendment 281 #

2022/0167(COD)

Proposal for a directive
Article 18 – paragraph 1
Where, as a result of a criminal offence, victims have claims against the person who is subject to a confiscation measure provided for under this Directive, Member States shall take the necessary measures to ensure that the confiscation measure does not affect victims’ rights to obvictims’ rights to obtain compensation for their claims has priority over payment to the State. The European Commission shall provide guidelines for compensation for victims of crimes in relation to article 2(3), takin compensation for their claimsg into account damage caused to the individual victims and the public interest.
2023/03/10
Committee: LIBE
Amendment 289 #

2022/0167(COD)

Proposal for a directive
Article 19 – paragraph 2
2. Member States shall ensure that, before issuing a freezing order within the meaning of Article 11 paragraph 1, competent authorities responsible for the management of frozen and confiscated property carry out, wherever possible and relevant, an assessment of the costs which may be incurred in the management of the property which may be frozen, for the purposes of preserving and optimizing the value of such property until its disposal.
2023/03/10
Committee: LIBE
Amendment 302 #

2022/0167(COD)

Proposal for a directive
Article 22 – paragraph 1
Member States shall ensure that the freezing orders pursuant to Article 11, confiscation orders pursuant to Articles 12 to 16, and orders to sell the property pursuant to Article 20 are communicated to the affected person setting out the reasons for the measure. To protect ongoing criminal investigations, Member States may put in place rules allowing for the temporary postponement of informing the affected persons. Member States shall inform the affected persons as soon as it is no longer necessary to postpone.
2023/03/10
Committee: LIBE
Amendment 304 #

2022/0167(COD)

Proposal for a directive
Article 23 – paragraph 4 – subparagraph 1
Member States shall provide for the effective possibility for the person whose property is affected to challenge the confiscation order and the relevant circumstances of the case before a court, in accordance with procedures provided for in national law. Member States shall ensure that affected persons may always join the judicial procedure if they have a claim on the confiscated property.
2023/03/10
Committee: LIBE
Amendment 308 #

2022/0167(COD)

Proposal for a directive
Article 23 – paragraph 6
6. Member States shall provide for the effective possibility for the person whose property is affected to challenge an order pursuant to Article 20 to sell the property in question. Member States shall provide for the possibility that such an appeal has suspensory effectall legal remedies to challenge the freezing order.
2023/03/10
Committee: LIBE
Amendment 311 #

2022/0167(COD)

Proposal for a directive
Article 24 – paragraph 2 – point a
(a) strategic objectives, priorities and measures for the purposes of enhancing efforts by all competent national authorities involved in the recovery and management of property as set out in this Directive;
2023/03/10
Committee: LIBE
Amendment 312 #

2022/0167(COD)

Proposal for a directive
Article 24 – paragraph 2 – point b
(b) a governance framework to achieve the strategic objectives and priorities, including an effective cooperation framework between asset recovery offices and asset management offices, and a further description of the roles and responsibilities of all the competent authorities and cooperation mechanisms;
2023/03/10
Committee: LIBE
Amendment 317 #

2022/0167(COD)

Proposal for a directive
Article 24 – paragraph 2 – point d a (new)
(da) the use of confiscated assets for public interest or social use;
2023/03/10
Committee: LIBE
Amendment 321 #

2022/0167(COD)

Proposal for a directive
Article 25 – paragraph 1
Member States shall ensure that asset recovery offices and asset management offices performing tasks pursuant to this Directive, have appropriately qualified staff and appropriate financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive. In addition to Article 24(2)(c), Member States shall update the Commission annually on the resources allotted to asset recovery offices and asset management offices.
2023/03/10
Committee: LIBE
Amendment 329 #

2022/0167(COD)

Proposal for a directive
Article 26 – paragraph 5
5. Member States shall ensure that appropriate technical and organisational measures are in place to ensure the security of the data contained in the centralised registries of frozen and confiscated property. As regards data protection, Member States shall designate a competent authority for the management of the centralised registries, thereby functioning as data controller in accordance with Article 3(8) of Directive 2016/680 (LED).
2023/03/10
Committee: LIBE
Amendment 334 #

2022/0167(COD)

Proposal for a directive
Article 26 a (new)
Article 26a Assets confiscated relating to the violation of Union restrictive measures Member States shall transfer the monetary value of confiscated assets listed in the centralised registries referred to in Article 26 to the Rebuild Ukraine Facility where those assets have been confiscated as a result of a criminal investigation relating to the violation of Union restrictive measures, pursuant to Article 2(3) of this Directive and in accordance with Article 21(5) of the Financial Regulation.
2023/03/10
Committee: LIBE
Amendment 336 #

2022/0167(COD)

Proposal for a directive
Article 27 – paragraph 1 a (new)
1a. The statistics collected shall include: (a) the number of freezing orders executed; (b) the number of confiscation orders executed; (c) the estimated value of property frozen, at least of property frozen with a view to possible subsequent confiscation at the time of freezing; (d) the estimated value of property recovered at the time of confiscation; (e) the number of requests for freezing orders to be executed in another Member State; (f) the number of requests for confiscation orders to be executed in another Member State; (g) the value or estimated value of the property recovered following execution in another Member State (h) the value of the property destined to be used for victim compensation or reused for social purposes (i) the type of use to which the confiscated property has been put.
2023/03/10
Committee: LIBE
Amendment 338 #

2022/0167(COD)

Proposal for a directive
Article 27 – paragraph 2
2. Member States shall ensure that the statistics referred to in paragraph 1 are collected on a calendar basis and transmitted to the Commission on an annual basis, by [1 September] of the following year. The Commission shall make these statistics publicly available.
2023/03/10
Committee: LIBE
Amendment 349 #

2022/0167(COD)

Proposal for a directive
Article 27 a (new)
Article 27a Platform on asset recovery and confiscation 1. A platform on asset recovery and confiscation (the ‘platform’) shall be established under the political guidance of the Commission. The platform shall be composed of representatives from asset recovery offices and asset management offices and shall be co-chaired by the Commission and Europol. The platform shall be convened at regular intervals. The platform shall: (a) advise the Commission on the implementation of the measures provided in this Directive; (b) exchange information on the efficiency and effectiveness of the cooperation with third countries; (c) analyse the national strategies on asset recovery adopted by Member States pursuant to Article 24 in order to identify best practices. 2. Representatives from Eurojust and the European Public Prosecutor Office (EPPO) and the Anti-money laundering Authority (AMLA) shall be invited to participate in the meetings of the platform. For matters relating to countering money laundering and the financing of terrorism, the Anti-money laundering Authority may be invited. The EU coordinator for compliance with restrictive measures for matters regarding the confiscation of assets related to the violation of EU restrictive measures.
2023/03/10
Committee: LIBE
Amendment 350 #

2022/0167(COD)

Proposal for a directive
Article 27 b (new)
Article 27b EU Coordinator for compliance with restrictive measures 1. With the view of promoting the effectiveness of the Union’s restrictive measures, the Commission shall appoint an EU Coordinator for compliance with restrictive measures of the Union. 2. The EU Coordinator for compliance with restrictive measures of the Union shall: (a) analyse, coordinate, and promote new restrictive measures in the Union; (b) pool information and resources to counter evasion of EU sanctions; (c) identify sectors and trade flows with a high circumvention risk; (d) provide information and assistance to the EU Asset Management Office on frozen assets related to EU restrictive measures; 3. Upon the publication of new restrictive measures, the EU Coordinator for compliance with Union restrictive measures shall make available a list of relevant targeted entities in a manner that is compatible with Member States’ tracing systems. 4. The Commission shall provide the EU Coordinator for compliance with restrictive measures of the Union with sufficient resources and staff to support its tasks.
2023/03/10
Committee: LIBE
Amendment 351 #

2022/0167(COD)

Proposal for a directive
Article 27 c (new)
Article 27c Asset management of confiscated assets relating to the violation of Union restrictive measures The European Commission, in cooperation with the EU Coordinator for compliance with restrictive measures shall set up a special EU Asset Management Office to actively manage the frozen assets within the framework of the Common Foreign and Security Policy and the directive on the violation of Union restrictive measures. Any net return from these activities shall be transferred to the Rebuild Ukraine Facility.
2023/03/10
Committee: LIBE
Amendment 352 #

2022/0167(COD)

Proposal for a directive
Article 28 – paragraph 1
1. Asset recovery offices of Member States shall closely cooperate with the European Public Prosecutor’s Office for the purposes of facilitating the identification of instrumentalities and proceeds, or property that may become or is the object of a freezing or confiscation order in proceedings in criminal matters concerning criminal offences for which the European Public Prosecutor’s Office exercises its competence. For the purposes of this Directive, asset recovery offices of Member States shall treat the European Public Prosecutor’s Office (EPPO) in the same manner as an asset recovery office of any other Member State, in so far as it falls within the remit of the EPPO’s competences.
2023/03/10
Committee: LIBE
Amendment 354 #

2022/0167(COD)

Proposal for a directive
Article 28 – paragraph 2
2. Asset recovery offices shall cooperate with Europol and Eurojust, in accordance with the areas of their competence, for the purposes of facilitating the identification of instrumentalities and proceeds, or property that may become or is the object of a freezing or confiscation order made by a competent authority in the course of criminal proceedings, and where necessary to prevent, detect or investigate criminal offences related to the violation of Union restrictive measures. For matters relating to countering money laundering and the financing of terrorism, asset recovery offices shall cooperate with the Anti-money laundering Authority (AMLA).
2023/03/10
Committee: LIBE
Amendment 360 #

2022/0167(COD)

Proposal for a directive
Article 28 – paragraph 2 a (new)
2a. The exchange and further processing of personal data for the purposes of cooperation with EU bodies and agencies shall be in compliance with the provisions of Chapter IX of Regulation (EU) 2018/1725 (EUDPR).
2023/03/10
Committee: LIBE
Amendment 13 #

2022/0135(COD)

Proposal for a regulation
Recital 3 a (new)
(3 a) Furthermore, an official and encompassing human rights and security dialogue should be pursued with Kuwait and Qatar, which should take place at least on an annual basis. This dialogue should lead to significant and tangible improvements and achievements, in particular in the field of gender equality, LGBTQ+ rights, worker's and labour rights, freedom of religion, freedom of speech, media freedom, the abolishment of the death penalty, prohibition of torture and the right to assembly. The security aspect of the dialogue should in particular focus on cooperation on combatting terrorism. The bilateral agreements on visa waiver between the Union and Kuwait and between the Union and Qatar should include explicit and concrete commitments to these aims.
2022/10/18
Committee: LIBE
Amendment 17 #

2022/0135(COD)

Proposal for a regulation
Recital 3 b (new)
(3 b) The bilateral agreements on visa waiver between the Union and Kuwait and the Union and Qatar should also be evaluated on an annual basis by the Commission, with regards to the potential progress and achievements within the human rights and security dimension as referred to in paragraph 3a, as well as other relevant improvements linked to the reciprocal exemption of the visa requirement. The Commission shall also transmit this evaluation in a timely manner to the European Parliament and to the Council.
2022/10/18
Committee: LIBE
Amendment 30 #

2022/0135(COD)

Proposal for a regulation
Recital 6 a (new)
(6 a) Those agreements should not apply until the effective start of operation of the European Travel Information and Authorisation System (ETIAS)1a _________________ 1a https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:3201 8R1240&from=EN
2022/10/18
Committee: LIBE
Amendment 44 #

2022/0135(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b – point i Regulation (EU) 2018/1806
Kuwait (*)(**)(***)” (This amendment only applies to the proposal for a visa waiver with Kuwait and Qatar, and shall not be interpreted as an amendment to the visa waiver regulation ((EU) 2018/1806) in general.)
2022/10/18
Committee: LIBE
Amendment 45 #

2022/0135(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b – point i
Regulation (EU) 2018/1806
Article 1
(***) The exemption from the visa requirement shall not enter into force before The European Travel Information and Authorisation System (ETIAS - Regulation (EU) 2018/1240) is operational. This shall be indicated by the Commission through a publication in the Official Journal of the European Union. (This amendment only applies to the proposal for a visa waiver with Kuwait and Qatar, and shall not be interpreted as an amendment to the visa waiver regulation ((EU) 2018/1806) in general.)
2022/10/18
Committee: LIBE
Amendment 46 #

2022/0135(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b – point ii
Regulation (EU) 2018/1806
Article 1
Qatar (*)(**)(***)” (This amendment only applies to the proposal for a visa waiver with Kuwait and Qatar, and shall not be interpreted as an amendment to the visa waiver regulation ((EU) 2018/1806) in general.)
2022/10/18
Committee: LIBE
Amendment 47 #

2022/0135(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b – point ii
Regulation (EU) 2018/1806
Article 1
(***) The exemption from the visa requirement shall not enter into force before The European Travel Information and Authorisation System (ETIAS - Regulation (EU) 2018/1240) is operational. This shall be indicated by the Commission through a publication in the Official Journal of the European Union. (This amendment only applies to the proposal for a visa waiver with Kuwait and Qatar, and shall not be interpreted as an amendment to the visa waiver regulation ((EU) 2018/1806) in general.)
2022/10/18
Committee: LIBE
Amendment 99 #

2022/0131(COD)

Proposal for a directive
Recital 4
(4) A set of rules governing the procedure for examination of the application for a single permit should be laid down. That procedure should be effective and manageable, taking account of the normal workload of the Member States’ administrations, as well as transparent and fair, in order to offer appropriate legal certainty to those concerned. Member States should also make sure that the application procedure itself is as harmonised and coordinated as possible.
2022/12/09
Committee: LIBE
Amendment 104 #

2022/0131(COD)

Proposal for a directive
Recital 6
(6) This Directive should cover employment relationships between third- country workers andor third country nationals undergoing an apprenticeship and the employers. Where a Member State’s national law allows admission of third- country nationals through temporary work agencies established on its territory and which have an employment relationship with the worker, such agencies should not be excluded from the scope of this Directive.
2022/12/09
Committee: LIBE
Amendment 107 #

2022/0131(COD)

Proposal for a directive
Recital 11
(11) The obligation on the Member States to determine whetherMember States should allow the application is to be submitted by a third- country national or by his or her employer should be without prejudice to any arrangements requiring both to be involved in the procedureprospective employer on his or her behalf. The Member States should allow the application for a single permit to be submitted both in the Member State of destination and from a third country.
2022/12/09
Committee: LIBE
Amendment 109 #

2022/0131(COD)

Proposal for a directive
Recital 12
(12) The provisions of this Directive on the single application procedure and on the single permit should not concern uniform or long-stay visas , with the exception of the obligation for Member States to issue the requisite visa within the deadline of four month90 days set out to adopt a decision on the Single Permit .
2022/12/09
Committee: LIBE
Amendment 111 #

2022/0131(COD)

Proposal for a directive
Recital 13
(13) The deadline for adopting a decision on the application should include both the cover the entimre required for issuing a visa where needed, and the time required to comply with the checks of the labour market situprocedure, including checks of the labour market situations. If the Member States decide to do such checks, the procedure should cover the recognition of regulated professional qualifications or other qualifications.
2022/12/09
Committee: LIBE
Amendment 114 #

2022/0131(COD)

Proposal for a directive
Recital 14
(14) To this end, Member States should only carry out one substantial check of the documentation submitted by the applicant for the issuing of both a single permit and the requisite visa in order to avoid duplication of work and prolonging the procedures. Furthermore, Member States should require applicants to submit the relevant documentation only once. Documents can be submitted in electronic or in paper format. The application can be made in the language of the Member State, or in the English language if the employer agrees.
2022/12/09
Committee: LIBE
Amendment 117 #

2022/0131(COD)

Proposal for a directive
Recital 16
(16) The deadline for adopting a decision on the application should, however , not include the time required for the recognition of professional qualifications . This Directive should be without prejudice to national procedures on the recognition of diplomas.deleted
2022/12/09
Committee: LIBE
Amendment 123 #

2022/0131(COD)

Proposal for a directive
Recital 20
(20) The conditions and criteria on the basis of which an application to issue, amend or renew a single permit can be rejected, or on the basis of which the single permit can be withdrawn, should be objective, proportionate and should be laid down in national law including the obligation to respect the principle of Union preference as expressed in particular in the relevant provisions of the 2003 and 2005 Acts of Accession. Rejection and withdrawal decisions should be duly reasoned and communicated in writing to the third country national concerned or to the employer filing on his/her behalf.
2022/12/09
Committee: LIBE
Amendment 128 #

2022/0131(COD)

Proposal for a directive
Recital 26
(26) A Member State should recognise occupational, regulated and unregulated professional qualifications acquired by a third-country national in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC of the European Parliament and of the Council47 . The right to equal treatment accorded to third-country workers as regards recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures should be without prejudice to the competence of Member States to admit such third-country workers to their labour market. _________________ 47 Directive 2005/36/EC on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
2022/12/09
Committee: LIBE
Amendment 148 #

2022/0131(COD)

Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
(c a) third country nationals who apply to reside in a Member State for the purpose of optaining an apprenticeship
2022/12/09
Committee: LIBE
Amendment 162 #

2022/0131(COD)

Proposal for a directive
Article 4 – paragraph 1
1. An application to issue, amend or renew a single permit shall be submitted by way of a harmonized single application procedure. Member States shall determine whether applicationsallow for a single permit are to be submitted by the third- country national or by the third-country national’s employer. Member States may also decide to allow an application from either of the twoprospective employer. If the application is to be submitted by the third- country national, Member States shall allow the application to be introduced both from a third country and in the territory of the Member State in which the third- country national is legally present.
2022/12/09
Committee: LIBE
Amendment 164 #

2022/0131(COD)

Proposal for a directive
Article 4 – paragraph 3
3. Provided that the requirements laid down by Union or national law are fulfilled and where a Member State issues single permits only on its territory, the Member State concerned shall issue the third country national with the requisite visa in a maximum period of 6 weeks.
2022/12/09
Committee: LIBE
Amendment 175 #

2022/0131(COD)

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
The time limit referred to in the first subparagraph shall cover checking the labour market situation and issuing the requisite visa referred to in Article 4(3). The time limit may be extended in exceptional circumstances, linked to the complexity of the examination of the application, if the Member States decide to do such checks, the recognition of regulated professions, and issuing the requisite visa referred to in Article 4(3).
2022/12/09
Committee: LIBE
Amendment 178 #

2022/0131(COD)

Proposal for a directive
Article 5 – paragraph 4
4. If the information or documents in support of the application are incomplete according to the criteria specified in national law, the competent authority shall notify the applicant in writing of the additional information or documents required, setting a reasonable deadline to provide them. The time limit referred to in paragraph 2 shall be suspended until the competent authority or other relevant authorities have received the additional information required. If the additional information or documents is not provided within the deadline set, the competent authority may reject the applicationThird country nationals or employers filing the single permit may submit additional information or documents required in an electronic format and in the English language, if agreed by the employer.
2022/12/09
Committee: LIBE
Amendment 181 #

2022/0131(COD)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Member States shall issue a single permit using the uniform format as laid down in Regulation (EC) No 1030/2002 and shall indicate the information relating to the permission to work in accordance with points (a)12 and 16 of the Annex thereto. The permit shall have a minimum period of validity equivalent to the duration of the employment contract or of two years, if the employment contract is shorter.
2022/12/09
Committee: LIBE
Amendment 194 #

2022/0131(COD)

Proposal for a directive
Article 9 – paragraph 1 – introductory part
Member States shall make easily accessible, and provide free of charge upon request:
2022/12/09
Committee: LIBE
Amendment 198 #

2022/0131(COD)

Proposal for a directive
Article 9 – paragraph 1 – point a
(a) adequate information to the third- country national and the futurprospective employer on all the documentary evidence needed for an application as well as the applicable fees;
2022/12/09
Committee: LIBE
Amendment 201 #

2022/0131(COD)

Proposal for a directive
Article 9 – paragraph 1 – point b
(b) information on entry and residence conditions, including the rights, obligations and procedural safeguards of the third- country nationals and of their family members, as well as information on mechanisms for filing complaints and seeking legal redress.
2022/12/09
Committee: LIBE
Amendment 208 #

2022/0131(COD)

Proposal for a directive
Article 10 – paragraph 1
Member States may require applicants to paythe payment of fees, where appropriate, for processing applications in accordance with this Directive. The level of such fees shall be proportionate, not excessive, and shall be based on the services actually provided for the processing of applications and the issuance of permits. Where the fee for the application is paid for by the employer, the employer shall not be entitled to recover the fee from the third country national afterwards.
2022/12/09
Committee: LIBE
Amendment 212 #

2022/0131(COD)

Proposal for a directive
Article 11 – paragraph 1 – point a
(a) to enter, re-enter and reside in the territory of the Member State issuing the single permit, provided that the holder meets all admission requirements in accordance with national law;
2022/12/09
Committee: LIBE
Amendment 221 #

2022/0131(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Within the period of validity referred to in paragraph 1, Member States shall allow a single permit holder to be employed by a different employers than the first employer with whom the permit holder concluded a contract of employment, including in different Member States.
2022/12/09
Committee: LIBE
Amendment 224 #

2022/0131(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Within the period of validity referred to in paragraph 1, Member States may require that a change of employer be communicated to the competent authorities in the Member State concerned, in accordance with procedures laid down in national law:
2022/12/09
Committee: LIBE
Amendment 225 #

2022/0131(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point a
(a) require that a change of employer be communicated to the competent authorities in the Member State concerned, in accordance with procedures laid down in national law,deleted
2022/12/09
Committee: LIBE
Amendment 229 #

2022/0131(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) require that a change of employer be subject to a check of the labour market situation.deleted
2022/12/09
Committee: LIBE
Amendment 235 #

2022/0131(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
The right of the single permit holder to pursue such a change of employer mayshall not be suspended for a maximum of 30 dayin cases whilere the Member State concerned checks the labour market situation and verifies that the requirements laid down by Union or national law are fulfilled. The Member State concerned may oppose the change of employment within those 30 days of the single permit holder changing employer, if the Member State considers that there is a risk of labour exploitation.
2022/12/09
Committee: LIBE
Amendment 242 #

2022/0131(COD)

Proposal for a directive
Article 12 – paragraph 1 – point a
(a) working conditions, including payremuneration, working time, leave entitlements and dismissal as well as health and safety at the workplace;
2022/12/09
Committee: LIBE
Amendment 243 #

2022/0131(COD)

Proposal for a directive
Article 12 – paragraph 1 – point c
(c) education and trainingincluding where applicable occupational training entitlements;
2022/12/09
Committee: LIBE
Amendment 244 #

2022/0131(COD)

Proposal for a directive
Article 12 – paragraph 1 – point d
(d) recognition of diplomas, certificates and other occupational and professional qualifications in accordance with the relevant national procedures;
2022/12/09
Committee: LIBE
Amendment 257 #

2022/0131(COD)

(b) through third parties which have, in accordance with the criteria laid down by their national law, practices or applicable collective agreements a legitimate interest in ensuring compliance with this Directive; or
2022/12/09
Committee: LIBE
Amendment 258 #

2022/0131(COD)

Proposal for a directive
Article 14 – paragraph 2
2. Member States shall ensure that third parties referred to in paragraph 1, point (b) may engage either on behalf of or in support of a third-country worker, with his or her approval, in any judicial and/or administrative procedures aimed at enforcing compliance with this Directive, depending on what national law provides for.
2022/12/09
Committee: LIBE
Amendment 185 #

2022/0066(COD)

Proposal for a directive
Recital 1
(1) The purpose of this Directive is to provide a comprehensive framework to effectively combat violence against women and domestic violence throughout the Union. It does so by strengthening and introducing measures in the following areas: the definition of relevant criminal offences and penalties, the protection of victims and access to justice, victim support, prevention, coordination and cooperation at national and EU-level by ensuring a multi-agency and multi- disciplinary approach and enhanced data collection on violence against women and domestic violence.
2023/02/02
Committee: LIBEFEMM
Amendment 213 #

2022/0066(COD)

Proposal for a directive
Recital 2 a (new)
(2 a) Gender-based violence is a serious obstacle to the participation of women and girls and other victims in in all spheres of private and public life and make them unable to fully enjoy their rights and fundamental freedoms.
2023/02/02
Committee: LIBEFEMM
Amendment 215 #

2022/0066(COD)

Proposal for a directive
Recital 3
(3) Violence against women and domestic violence violate fundamental rights such as the right to human dignity, the right to life and integrity of the person, the prohibition of inhuman or degrading treatment or punishment, the right to respect for private and family life, personal data protectionthe right to liberty and security, personal data protection, the right to freedom from discrimination, including on the grounds of sex, and the rights of the child, as enshrined in the Charter of Fundamental Rights of the European Union.
2023/02/02
Committee: LIBEFEMM
Amendment 217 #

2022/0066(COD)

Proposal for a directive
Recital 3 a (new)
(3a) The possibility to have a common EU framework gender-based violence and protecting its victims is currently limited due to the available legal basis. In order to finally have a comprehensive EU framework for fighting against all forms of gender-based violence and properly protecting victims, it is imperative to urgently extend the areas of crime in accordance with Article 83(1) of the Treaty on the Functioning of the EU to include gender-based violence.
2023/02/02
Committee: LIBEFEMM
Amendment 218 #

2022/0066(COD)

Proposal for a directive
Recital 3 b (new)
(3b) The Council of Europe Convention on preventing and combating violence against women (‘Istanbul Convention’) is the first legally binding international instrument on preventing and combating violence against women and girls at international level. Although six Member States - Bulgaria, Czech Republic, Hungary, Latvia, Lithuania and Slovakia - have not ratified the Convention, the European Court of Justice clarified in its Opinion of 6 October 2021 that the Council may not make finding a 'common accord' a prerequisite for the decision on accession to the Convention by the EU, which should be made based on a qualified majority. The Council should therefore abide by the ruling of the Court and ratify the Istanbul Convention as soon as possible by qualified majority.
2023/02/02
Committee: LIBEFEMM
Amendment 220 #

2022/0066(COD)

Proposal for a directive
Recital 4
(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, forced sterilisation, forced prostitution, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation , so-called “honour crimes”, and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material material, as well as the denial of sexual and reproductive health and rights, including the right to safe and legal abortion. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses or partners. _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.
2023/02/02
Committee: LIBEFEMM
Amendment 230 #

2022/0066(COD)

Proposal for a directive
Recital 4 a (new)
(4a) Sexual and reproductive health and rights (SRHR), including safe and legal abortion care, constitute a fundamental right. Criminalising, delaying and denying access to SRHR constitutes a form of violence against women and girls. These restrictions and bans do not reduce the number of abortions, but only force people to travel long distances or to resort to unsafe abortions and affect the people who are most lacking in resources and information. Despite general progress in SRHR protection, backsliding on the right to access safe and legal abortion is currently a grave concern, including in some Member States, such as Poland, Slovakia, Hungary. Therefore, to protect fundamental rights, the right to safe and legal abortion should be included in the Charter of Fundamental Rights of the EU, as already called for by the European Parliament.1a _________________ 1a European Parliament’s resolution of 7th July 2022 on the US Supreme Court decision to overturn abortion rights in the United States and the need to safeguard abortion rights and women’s health in the EU
2023/02/02
Committee: LIBEFEMM
Amendment 251 #

2022/0066(COD)

Proposal for a directive
Recital 6 a (new)
(6a) Special attention should also be paid to children orphans due to violence against women and domestic violence, as they are faced by a situation of special vulnerability, with the psychological and emotional impact that this entails. These children must have targeted protection measures and support, particularly during relevant criminal and civil proceedings.
2023/02/02
Committee: LIBEFEMM
Amendment 269 #

2022/0066(COD)

Proposal for a directive
Recital 8
(8) Domestic violence is a serious social problem which often remains hidden. It can lead to serious psychological and physical trauma with severe consequences because the offender typically is a person known to the victims, whom they would expect to be able to trust. Such violence can take on various forms, including physical, sexual, psychological, emotional, and economic and can occur within a range of relationships. Victims of domestic violence include not only partners, but also children or other relatives. Domestic violence may occur whether or not the offender shares or has shared a household with the victim.
2023/02/02
Committee: LIBEFEMM
Amendment 282 #

2022/0066(COD)

Proposal for a directive
Recital 10
(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39 and, where relevant, the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40 and the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in Geneva, as well as the United Nations Convention on the Rights of Persons with Disabilities (CRPD). _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.
2023/02/02
Committee: LIBEFEMM
Amendment 292 #

2022/0066(COD)

Proposal for a directive
Recital 11
(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities, women with dependent residence status or permit, and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.
2023/02/02
Committee: LIBEFEMM
Amendment 344 #

2022/0066(COD)

Proposal for a directive
Recital 16 a (new)
(16a) Forced sterilisation is another form of violence against women and a gross violation of human and fundamental rights, such as the rights to dignity, physical integrity, privacy and free and informed consent. It is a harmful and exploitative practice that removes the capacity of sexual reproduction of the victims and that is performed for the purpose of exerting social control over the victims. Roma women and girls, women and girls with disabilities and transgender people are particularly at risk of such violence, especially those with intellectual and psychosocial disabilities, and living in institutions. To combat this long-lasting practice, which perpetuates discrimination, stereotypes, violence and control over the person’s body, forced sterilisation should be specifically addressed by criminal law. Currently, only 9 EU Member States explicitly criminalise forced sterilisation as a distinct offence in their criminal code and at least 13 EU Member States still allow some forms of forced sterilisation in their legislation.1a This points out the divergences and gaps in national legislation and therefore justifies the introduction of the offence of forced sterilisation in this Directive. Specific emphasis should be given to the prior and informed consent of the woman or girl to undergo such procedure, which should not be substituted by the consent of a legal guardian. _________________ 1a https://www.edf- feph.org/content/uploads/2022/09/EDF_F S_0909-accessible.pdf
2023/02/02
Committee: LIBEFEMM
Amendment 361 #

2022/0066(COD)

Proposal for a directive
Recital 17
(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certainall forms of cyber violence. Cyber violence particularly targets and impacts women and girls, LGBTIQ people, politicians, journalists and human rights defenders. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide. The investigation of offences related to cyber violence should therefore be carried out diligently to prevent inadequate investigation from effectively prosecuting such offences and increasing impunity.
2023/02/02
Committee: LIBEFEMM
Amendment 373 #

2022/0066(COD)

Proposal for a directive
Recital 19
(19) Especially due to its tendency for easy, swift and broad distribution and perpetration, as well as its intimate nature, the non-consensual making accessible of intimate images or videosterial and material that depict sexual activities, to a multitude ofof sexual nature to other end-users, by means of information and communication technologies, can be very harmful for the victims. The offence provided for in this Directive should cover all types of such material, such as images, photographs and videos, including sexualized images, audio clips and video clips. It should relate to situations where the making accessible of the material to a multitude ofother end-users, through information and communication technologies, occurs without the victim’s consent, irrespective of whether the victim consented to the generation of such material or may have transmitted it to a particular person. The offence should also include the non-consensual production or manipulation, for instance by image editing, of intimate material that makes it appear as though another person is engaged in sexual activitiesin it, insofar as the material is subsequently made accessible to a multitude ofother end-users, through information and communication technologies, without the consent of that person. Such production or manipulation should include the fabrication of ‘deepfakes’, where the material appreciably resembles an existing person, objects, places or other entities or events, depicting sexual activitiesintimate material or material of sexual nature of another person, and would falsely appear to others to be authentic or truthful. In the interest of effectively protecting victims of such conduct, threatening to engage in such conduct should be covered as well, regardless of the motives of the offender. Moreover, since the so-called “cyber-flashing” is a very common method of intimidating and silencing women, the non-consensual sending of intimate material, including images or videos of genitalia, of the sender or what appears to be the sender, to another person in private conversation, by means of information and communication technologies, should be also considered an offence.
2023/02/02
Committee: LIBEFEMM
Amendment 386 #

2022/0066(COD)

Proposal for a directive
Recital 21
(21) Minimum rules concerning the offence of cyber harassment should be laid down to counter initiating an attack with third parties or participating in such an attack directed at another person, by making threatening or insulting material accessible to a multitude ofother end- users. Such broad attacks, including coordinated online mob attacks, may morph into offline assault or cause significant psychological injury and in extreme cases lead to suicide of the victim. They often target prominent (female) politicians, journalists or otherwise well- known persons, but they can also occur in different contexts, for instance on campuses or in schools. Such online violence should be addressed especially where the attacks occur on a wide-scale, for example in the form of pile- on harassment by a significant amount of people. Moreover, repeated sending of threatening and insulting messages in private conversations is a very common form of violence against women, therefore it should also be covered, since such a conduct is still not properly addressed in some Member States. This should help advance the victims the access to justice.
2023/02/02
Committee: LIBEFEMM
Amendment 411 #

2022/0066(COD)

Proposal for a directive
Recital 25
(25) In the case of domestic violence and violence against women, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at an imminent risk of serious physical harm. Similarly, instances of domestic violence or violence against women affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from suchall forms of violence and adequate measures promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality and should act where they have reasonable grounds to believe that serious acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of violence, Member States should ensure that they are not held liable for breach of confidentiality.
2023/02/02
Committee: LIBEFEMM
Amendment 414 #

2022/0066(COD)

Proposal for a directive
Recital 26
(26) In order to tackle underreporting in the cases when the victim is a child, safe and child-friendly reporting procedures should be established. This can include questioning by competent authorities in simple and accessible language, paying special attention to child’s vulnerability.
2023/02/02
Committee: LIBEFEMM
Amendment 415 #

2022/0066(COD)

Proposal for a directive
Recital 27
(27) Delays in processing complaints of violence against women and domestic violence can bear particular risks to victims thereof, given that they might still be in immediate danger given that offenders might often be close family members or spouses. Therefore, treported offences of violence against women or domestic violence should be processed and transferred without delay to the competent authorities for prosecution and investigation. The competent authorities should have the sufficient specialised staff, expertise and effective investigative tools to investigate and prosecute such crimes without undue delay.
2023/02/02
Committee: LIBEFEMM
Amendment 423 #

2022/0066(COD)

Proposal for a directive
Recital 28
(28) Victims of domestic violence and violence against women are typically in need of immediate protection orand specific support, for example in the case of intimate partner violence, where the rate of recidivism tends to be high. Therefore, an individual assessment to identify the victim’s protection needs should be conducted upon the very first contact of competent authorities with the victim or as soon as suspicion arises that the person is a victim of violence against women or domestic violence. This can be done before a victim has formally reported an offence or proactively if a third party reports the offence.
2023/02/02
Committee: LIBEFEMM
Amendment 426 #

2022/0066(COD)

Proposal for a directive
Recital 29
(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety as well as the safety of other potential victims, such as children and other dependants, and providing tailored support, taking into account, among other matters, the individual circumstances of the victim. Such circumstances requiring special attention could include the victim’s pregnancy or the victim’s dependence on or relationship to the offender, victim´s disability or disability of their dependants.
2023/02/02
Committee: LIBEFEMM
Amendment 438 #

2022/0066(COD)

Proposal for a directive
Recital 30 a (new)
(30a) The individual assessment should be updated at regular intervals, especially in the case of changes in custody or rights of access, to ensure the protection measures relate to the victim’s current situation
2023/02/02
Committee: LIBEFEMM
Amendment 450 #

2022/0066(COD)

Proposal for a directive
Recital 32 a (new)
(32a) Relevant authorities and specialised services should ensure the provision of coordinated protection and support measures.
2023/02/02
Committee: LIBEFEMM
Amendment 451 #

2022/0066(COD)

Proposal for a directive
Recital 32 b (new)
(32b) Ensuring the presence of specialised staff within Member States’ law enforcement authorities, prosecutors and judicial authorities is of great importance. The establishment of specialist courts or chambers and the designation of specialised prosecutors on violence against women and domestic violence should be encouraged as another option for Member States to ensure a holistic approach to combat these offences.
2023/02/02
Committee: LIBEFEMM
Amendment 453 #

2022/0066(COD)

Proposal for a directive
Recital 33
(33) Member States should take the necessary measures to ensure the availability of emergency barring, restraining and protection orders as well as the use of arrest and detention to ensure effective protection of victims and their dependants.
2023/02/02
Committee: LIBEFEMM
Amendment 460 #

2022/0066(COD)

Proposal for a directive
Recital 35
(35) PRestraining and protection orders may include prohibiting the offender or suspect to access certain localities; to approach the victim or dependant closer than a prescribed distance or to contact them, including through the use of online interfaces and to possess firearms or deadly weapons, where necessary.
2023/02/02
Committee: LIBEFEMM
Amendment 461 #

2022/0066(COD)

Proposal for a directive
Recital 35 a (new)
(35a) Restraining and protection orders should be adopted whenever the situation of risk to the victim makes it advisable, regardless of whether the victim has filed a complaint. Member States should encourage the use of electronic monitoring to ensure the enforcement of restraining and protection orders.
2023/02/02
Committee: LIBEFEMM
Amendment 465 #

2022/0066(COD)

Proposal for a directive
Recital 36
(36) In order to safeguard the effectiveness of emergency barring, restraining and protection orders, breaches of such orders should be subject to effective, proportionate and dissuasive penalties. Those penalties can be of a criminal law or other legal nature and may include prison sentences, fines or any other legal penalty that is effective, proportionate and dissuasive.
2023/02/02
Committee: LIBEFEMM
Amendment 472 #

2022/0066(COD)

Proposal for a directive
Recital 38
(38) Given the complexities and gravity of offences of violence against women and domestic violence and specific support needs of victims, Member States should ensure additional support and prevention of such offences is provided by designated specialised national bodies. Given their expertise in matters of discrimination on grounds of sex, national equality bodies, set up in accordance with Directives 2004/113/EC42 , 2006/54/EC43 and 2010/41/EU44 of the European Parliament and of the Council, arcould be well placed to fulfil these tasks. Such bodiespecialised national bodies or other specialised relevant actors should in addition have legal standing to act on behalf or in support of victims of all forms of violence against women or domestic violence in judicial proceedings, including for the application for compensation and removal of online illegal content, with the victims’ approval. This should include the possibility of acting on behalf or in support of several victims together. To enable these bodiespecialised national bodies or other specialised relevant actors to effectively carry out their tasks, Member States should ensure that they are provided with sufficient human and financial resources. _________________ 42 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, (OJ L 373, 21.12.2004, p. 37). 43 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), (OJ L204, 26.7.2006, p. 23). 44 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the applicationof the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC, (OJ L 180, 15.7.2010, p. 1).
2023/02/02
Committee: LIBEFEMM
Amendment 482 #

2022/0066(COD)

Proposal for a directive
Recital 39
(39) Certain offences covered by this Directive involve the increased risk of repeated, prolonged or even continuous victimisation. That risk occurs especially in relation to offences involving the making accessible to a multitude ofother end-users, through information and communication technologies, of material, resulting from certain offences of cyber violence, considering the ease and speed with which such material can be distributed on a large scale and the difficulties that often exist when it comes to removing such material. That risk typically remains even after a conviction. Therefore, in order to effectively safeguard the rights of the victims of those offences, Member States should be required to take suitable measures aimed at the removal of the material in question. Considering that removal at the source may not always be feasible, for instance because of legal or practical difficulties relating to the execution or enforcement of an order to remove, Member States should also be allowed to provide for measures to disable access to such material.
2023/02/02
Committee: LIBEFEMM
Amendment 487 #

2022/0066(COD)

Proposal for a directive
Recital 42
(42) The provisions of this Directive on orders and other measures for the removal and disabling access to relevant material should leave the relevant rules contained in Regulation XX/YYYY [proposed DSA Regulation]2022/2065 unaffected. In particular, those orders should comply with the prohibition of imposing general obligations of monitoring or active fact- finding and with the specific requirements of that Regulation regarding orders to remove illegal content online.
2023/02/02
Committee: LIBEFEMM
Amendment 489 #

2022/0066(COD)

Proposal for a directive
Recital 44
(44) In order to avoid secondary victimisation, victims should be able to obtain compensation in the course of criminal proceedings. Compensation from the offender should be full and should not be restricted by a fixed upper limit. It should cover all harm and trauma experienced by victims and costs incurred to manage the damages, including among other things costs for healthcare services, including sexual and reproductive and psychological health services, rehabilitation, therapy costs, impact on the victim’s employment situation, loss of earnings, psychological damages, and moral prejudice due to the violation of dignity. The amount of compensation should reflect that victims of domestic violence may have to uproot their lives in order to seek safety, entailing a possible change of employment or finding new schools for children or even creating a new identityVictims suffering psychological harm and trauma, especially with regards to cyberviolence, should also be able to obtain compensation. Compensation for psychological harm and trauma should be independent and never regarded as an “addition” or conditional on compensation for physical harm. The amount of compensation should reflect that victims of domestic violence may have to uproot their lives in order to seek safety, entailing a possible change of employment or finding new schools for children or even creating a new identity. Member States should ensure that when an offender, for any reason, does not abide by the decision to pay compensation to the victim within the agreed timeframe, the State takes over this obligation and takes all appropriate actions to reclaim it from the offender.
2023/02/02
Committee: LIBEFEMM
Amendment 497 #

2022/0066(COD)

Proposal for a directive
Recital 45
(45) Assistance and support to victims of violence against women and domestic violence should be provided before, during and for an appropriate period after the criminal proceedings have endedafter the offence occurs, for example where medical treatment is still needed to address the severe physical or psychological consequences of the violence, or if the victim’s safety is at risk in particular due to the statements made by the victim in those proceedings.
2023/02/02
Committee: LIBEFEMM
Amendment 501 #

2022/0066(COD)

Proposal for a directive
Recital 46
(46) Specialised support services should provide support, advice and information on any relevant legal and practical matters as well as referrals to medical forensic examinations and comprehensive healthcare services to victims of all forms of violence against women and domestic violence, including sexual violence, female genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence. All services and assistance should be organised and geographically distributed in such a way as to ensure reasonable distances and capacity for victims, with particular attention to rural and remote areas.
2023/02/02
Committee: LIBEFEMM
Amendment 525 #

2022/0066(COD)

Proposal for a directive
Recital 49
(49) Specialist support services, including shelters and, rape crisis centres, helplines and victims’ advice centres should be considered essential during crises and states of emergency, including during health crises. These services should continue to be offered in these situations, where instances of domestic violence and violence against women tend to surge. Taking stock of the lessons learned of the COVID-19 pandemic, when gender-based violence was considered the “shadow pandemic”, Member States should work towards a specific EU protocol on violence against women in times of crisis and emergency.
2023/02/02
Committee: LIBEFEMM
Amendment 532 #

2022/0066(COD)

Proposal for a directive
Recital 50
(50) The traumatic nature of sexual violence, including rape, requires a particularly sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care, comprehensive and long-lasting medical care, including sexual and reproductive healthcare as part of the clinical management of rape, emergency contraception, post-exposure prophylaxis, access to safe and legal abortion, and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilaWhere a Member State's national law allows a competent health professional, or on some occasions entire medical institutions, whto are often girls, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victimfuse to provide sexual and reproductive healthcare on the basis of the so-called conscience clause, which leads to the denial of abortion care on grounds of religion or conscience, Member States should ensure that the ‘conscience’ clause does not put women’s timely access to SRH care at risk, by providing viable, effective and accessible alternative abortion services.
2023/02/02
Committee: LIBEFEMM
Amendment 539 #

2022/0066(COD)

Proposal for a directive
Recital 50 a (new)
(50a) Similarly, victims of female genital mutilation, who are often girls, as well as victims of forced sterilisation typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims and that those specialist support services are carried out with the highest standards of privacy, intimacy and confidentiality.
2023/02/02
Committee: LIBEFEMM
Amendment 540 #

2022/0066(COD)

Proposal for a directive
Recital 50 b (new)
(50b) Specialist support services for victims of cyberviolence should be appropriately equipped and easily accessible to offer psychological support, legal counselling and assistance for obtaining judicial orders for removal or disabling access to certain online material, assisting in the communication with relevant online intermediary service providers, including using notice and action mechanisms, and where relevant, assisting in the preservation and documentation of evidence. Cyber- violence is believe to be a more significant problem than what data currently suggest due to underreporting and its normalisation, therefore, it is of the highest importance for Member States to be equipped to be able to offer adequate support services to victims and counter this trend.
2023/02/02
Committee: LIBEFEMM
Amendment 547 #

2022/0066(COD)

Proposal for a directive
Recital 52
(52) Member States should ensure that national helplines are operated under the EU-harmonised number [116016] and this number is widely advertised as a public numberavailable for the victims of violence against women and domestic violence, free of charge and available round-the-clock. The support provided should include crisis counselling and should be able to refer to face-to-face services, such as shelters, counselling centres or the police. Member States should continue supporting existing specialised helplines on violence against women and domestic violence, run by non-governmental organisations or specialist support services, already playing a key role in counselling as well as supporting, advising and informing victims. Member States should ensure that their national helpline or helplines are connected to the EU harmonised number 116016 and that the end-users are adequately informed of the existence and use of such number. Member States may choose to keep their national helpline number or numbers and link it with the EU harmonised number. Member States shall ensure that national helplines are equipped to provide support also to persons not speaking the national language or languages, including through the option of telephone interpretation.
2023/02/02
Committee: LIBEFEMM
Amendment 560 #

2022/0066(COD)

Proposal for a directive
Recital 53
(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial situationincluding psychological health, financial situation, support in court proceedings and the well- being of their children, ultimately preparing victims for an autonomous life. Member States should ensure availability of women-only shelters, guaranteeing their sufficient geographical distribution and capacity. Shelters should also be adequately equipped to provide accommodation for victims with children.
2023/02/02
Committee: LIBEFEMM
Amendment 569 #

2022/0066(COD)

Proposal for a directive
Recital 54 a (new)
(54a) Member States should ensure that in the legal process determining custody and rights of access, the relevant competent authorities take into account all incidents of violence against women or domestic violence, including when the child is a witness, as well as any restraining or protection orders issued. Criminal proceedings arising from a complaint about violence against women or domestic violence should be dealt in coordination with separation and custody proceedings to avoid situations where shared custody of the children is ordered and/or visitation rights imposed, endangering the rights and safety of both victims and their children. Risk assessments should also be carried out in the process of determining custody and rights of access of children, including for avoiding cases of vicarious violence.
2023/02/02
Committee: LIBEFEMM
Amendment 570 #

2022/0066(COD)

Proposal for a directive
Recital 54 b (new)
(54b) During legal proceedings in relation to custody or access rights of children of victims of violence against women and domestic violence, courts and professionals should not use the ‘parental alienation syndrome’ or other similar concepts to deny child custody to the mother and grant it to a father accused of domestic violence, disregarding the possible risks for the child. GREVIO has noted that, for example, non-specialist courts have less understanding of the traumatic consequences for children of witnessing violence, often wrongfully attributing the children’s trauma response to ‘parental alienation syndrome’1a. _________________ 1a https://rm.coe.int/prems-055022-gbr- 2574-rapportmultiannuelgrevio-texte- web-16x24/1680a6e183
2023/02/02
Committee: LIBEFEMM
Amendment 576 #

2022/0066(COD)

Proposal for a directive
Recital 55
(55) In order to ensure the safety of children during possible visits with an offender or suspect who is a holder of parental responsibility with rights of access, Member States should ensure that supervised neutral places, including child protection or welfare offices, are made available so that such visits can take place there in the best interests of the child. If needed, tThe visits should take place in the presence of child protection or welfare officials. Where it is necessary to provide for interim accommodation, children should as a priority be accommodated together with the holder of parental responsibility who is not the offender or suspect, such as the child’s mother. The best interest of the child should be always taken into accouprevail over a request of shared custody or rights of access of the violent parent.
2023/02/02
Committee: LIBEFEMM
Amendment 589 #

2022/0066(COD)

Proposal for a directive
Recital 56
(56) Victims with specific needs and groups at risk of violence against women or domestic violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with no or low income, with a minority racial or ethnic background, living in rural areas, women sex workers, sexual or gender-identity minorities, detainees, or older women, should receive specific protection and support.
2023/02/02
Committee: LIBEFEMM
Amendment 600 #

2022/0066(COD)

Proposal for a directive
Recital 58
(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence. P are based on a three- pronged approach including primary, secondary as well as tertiary prevention, and ensure their adequate coordination. Primary preventive measures should aim to prevent violence from ever occurring, including through awareness-raising campaigns. Primary prevention should also take place in both in and outside formal education, in particular, through strengthening sexage-appropriate comprehensive sexuality and relationship education, equality education and socio- emotional competencies, empathy and developing healthy and respectful relationships. Secondary preventive measures shall be aimed at early detection of violence and prevention of its progression or escalation while tertiary prevention shall be focused on prevention of reoffending and revictimisation.
2023/02/02
Committee: LIBEFEMM
Amendment 621 #

2022/0066(COD)

Proposal for a directive
Recital 60
(60) In order to ensure victims of violence against women and domestic violence are identified and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims receive adequate and tailored training and targeted information. Trainings should cover the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. Specific attention should be given to specialised training of competent authorities entering in contact with the victims, especially with the aim of facilitating the reporting of such offences and enabling swift and appropriate follow-up actions. Trainings should also cover elements on gender equality and discrimination, including intersectional discrimination, as well as prevention and identification of sexual harassment of the most marginalised groups, who are often the less believed when reporting, such as women with disabilities. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functions should also receive training. These trainings should also cover assessments regarding sexual harassment at work and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. Training materials and activities should be regularly reviewed in consultation with victims, specialist services and other relevant actors. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).
2023/02/02
Committee: LIBEFEMM
Amendment 629 #

2022/0066(COD)

Proposal for a directive
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement and judicial authorities in the development of trainings in particular regarding harmful gender stereotypes, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims. Specific guidelines for law enforcement and judicial authorities concerning the proceedings in cases of violence against women and domestic violence should also be developed by Member States.
2023/02/02
Committee: LIBEFEMM
Amendment 640 #

2022/0066(COD)

Proposal for a directive
Recital 62
(62) Intervention programmes should be set up, with trained and skilled professionals, in close cooperation with specialist support services for victims, to prevent and minimise the risk of (repeated) offences of violence against women or domestic violence. The programmes should specifically aim at teaching offenders or those at risk of offending how to adopt non-violent behaviour in interpersonal relationships and how to counter violent behavioural patterns. Programmes should encourage offenders to take responsibility for their actions and examine their attitudes and beliefs towards women.
2023/02/02
Committee: LIBEFEMM
Amendment 642 #

2022/0066(COD)

Proposal for a directive
Recital 62 a (new)
(62a) The commitment of Member States in preventing and combatting violence against women and domestic violence should be shown by the development of national strategies in this regard. All Member States should have national strategies on preventing and combatting violence against women and domestic violence. These strategies should lay down their priorities, roles and coordination between competent authorities, specialist support services and civil society, coordination between criminal and civil proceedings in this area, among other topics. National strategies should be reviewed and updated regularly.
2023/02/02
Committee: LIBEFEMM
Amendment 643 #

2022/0066(COD)

Proposal for a directive
Recital 62 b (new)
(62b) All measures included in this Directive need to be accompanied by sufficient, predictable and sustainable funding. This is especially important to ensure that national authorities and specialised support service providers, including non-governmental women´s specialist services, have sufficient funding and human, technical and technological resources for the effective and comprehensive implementation of this Directive.
2023/02/02
Committee: LIBEFEMM
Amendment 655 #

2022/0066(COD)

Proposal for a directive
Recital 65
(65) Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting thefor monitoring of the prevalence and trends of violence against women and domestic violence, as well as the adequacy of responses and efficiency of law enforcement processes in this regard, and design new policy strategies in this field. When sharing the data collected, no personal data should be included. Publishing on a regular basis and making available in an accessible manner national data in relation to violence against women and domestic violence is of outmost importance.
2023/02/02
Committee: LIBEFEMM
Amendment 669 #

2022/0066(COD)

Proposal for a directive
Article 1 – paragraph 1 – point b
(b) the rights of victims of all forms of violence against women or domestic violence before, during or after criminal proceedingthe offence occurs;
2023/02/02
Committee: LIBEFEMM
Amendment 673 #

2022/0066(COD)

Proposal for a directive
Article 1 – paragraph 1 – point c
(c) victims’ protection and, victims’ support. and prevention and early intervention;
2023/02/02
Committee: LIBEFEMM
Amendment 686 #

2022/0066(COD)

Proposal for a directive
Article 2 – paragraph 1
1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex and other grounds, such as those referred to in Article 35(1), so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5) and Article 37(7).
2023/02/02
Committee: LIBEFEMM
Amendment 714 #

2022/0066(COD)

Proposal for a directive
Article 4 – paragraph 1 – point b
(b) “domestic violence” means all acts of violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering,violence that occur within the family or domestic unit, irrespective of biological or legal family ties, or between former or current spouses or partners, whether or not the offender shares or has shared a residence with the victim;
2023/02/02
Committee: LIBEFEMM
Amendment 734 #

2022/0066(COD)

Proposal for a directive
Article 4 – paragraph 1 – point f
(f) “providers of intermediary services” means providers of the intermediary services as defined in Article 23 point (fg) of Regulation (EU) YYYY/XXX2022/2065 of the European Parliament and of the Council51 [Regulation on a Single Market for Digital Services]; _________________ 51 Regulation (EU) YYYY/XXX of the European Parliament and of the Council on a Single Market for Digital Services (OJ L …).
2023/02/02
Committee: LIBEFEMM
Amendment 759 #

2022/0066(COD)

Proposal for a directive
Article 5 – paragraph 1 – point a
(a) engaging with a woman in any non- consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object;, or engaging in any other non-consensual act of a sexual nature that is, in view of the gravity of the act, comparable to penetration.
2023/02/02
Committee: LIBEFEMM
Amendment 763 #

2022/0066(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b
(b) causing a woman to engage with another person in any non-consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object, or engaging in any other non- consensual act of a sexual nature that is, in view of the gravity of the act, comparable to penetration.
2023/02/02
Committee: LIBEFEMM
Amendment 777 #

2022/0066(COD)

Proposal for a directive
Article 5 – paragraph 3
3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the woman’s silence, verbal or physical non-resistance or past sexual conduct, or existing or past relationship with the offender, including marital or any other partnership status. Consent shall be given for each separate act.
2023/02/02
Committee: LIBEFEMM
Amendment 802 #

2022/0066(COD)

Proposal for a directive
Article 6 a (new)
Article 6 a Forced sterilisation 1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) performing surgery which has the purpose or effect of terminating a woman’s or girl´s capacity to naturally reproduce without her prior and informed consent or understanding of the procedure; (b) coercing or procuring a woman or a girl to undergo the acts referred to in point (a). 2. Member States shall ensure that the prior and informed consent of the woman to undergo the procedure referred to in point (a) cannot be substituted by the consent of a legal guardian.
2023/02/02
Committee: LIBEFEMM
Amendment 811 #

2022/0066(COD)

Proposal for a directive
Article 6 b (new)
Article 6 b Forced prostitution Member States shall ensure that the following conduct is punishable as a criminal offence: a) causing a woman to involuntarily offer and/ or provide sexual services against any form of remuneration for the profit of a third party.
2023/02/02
Committee: LIBEFEMM
Amendment 813 #

2022/0066(COD)

Proposal for a directive
Article 6 c (new)
Article 6 c Denial of safe and legal abortion Member States shall ensure that the following conduct is punishable as a criminal offence: a) denial by health institutions to provide health services related to sexual and reproductive health of patients, including safe and legal abortion and/or post- abortion care, putting the patient´s physical integrity, reproductive health or life at risk.
2023/02/02
Committee: LIBEFEMM
Amendment 824 #

2022/0066(COD)

Proposal for a directive
Article 7 – paragraph 1 – point a
(a) making intimate images, or videos or other material depicting sexual activitiesterial or material of sexual nature, of another person without that person’s consent accessible to a multitude ofother end-users by means of information and communication technologies;
2023/02/02
Committee: LIBEFEMM
Amendment 836 #

2022/0066(COD)

Proposal for a directive
Article 7 – paragraph 1 – point b
(b) producing or manipulating and subsequently making accessible to a multitude ofother end-users, by means of information and communication technologies, images, videos or other materialntimate material or material of sexual nature, making it appear as though another person is engaged in sexual activitiesin it, without that person’s consent;
2023/02/02
Committee: LIBEFEMM
Amendment 844 #

2022/0066(COD)

Proposal for a directive
Article 7 – paragraph 1 – point c a (new)
(c a) non-consensual sending of intimate material to another person by means of information and communication technologies.
2023/02/02
Committee: LIBEFEMM
Amendment 854 #

2022/0066(COD)

Proposal for a directive
Article 8 – paragraph 1 – point c
(c) making material containing the personal data of another person, without that person’s consent, accessible to a multitude of end-users, by means of information and communication technologies, for the purpose of inciting those end-users to cause physical or significant psychological harm to the person.deleted
2023/02/02
Committee: LIBEFEMM
Amendment 862 #

2022/0066(COD)

Proposal for a directive
Article 8 a (new)
Article 8 a Doxing Member States shall ensure that making personal data or material containing personal data of another person, without that person’s consent, accessible to other end-users, by means of information and communication technologies, for the purpose of inciting those end-users to cause physical, psychological harm to the person is punishable as a criminal offence.
2023/02/02
Committee: LIBEFEMM
Amendment 871 #

2022/0066(COD)

Proposal for a directive
Article 9 – paragraph 1 – point a
(a) initiating an attack with third parties directed at another person, by making threatening or insulting material accessible to a multitude ofother end- users, by means of information and communication technologies, with the effect of causing significant psychological harm to the attacked person;
2023/02/02
Committee: LIBEFEMM
Amendment 876 #

2022/0066(COD)

Proposal for a directive
Article 9 – paragraph 1 – point b
(b) participating with third parties in attacks referred to in point (a).
2023/02/02
Committee: LIBEFEMM
Amendment 888 #

2022/0066(COD)

Proposal for a directive
Article 10 – paragraph 1 a (new)
In order to assess whether a conduct referred to in paragraph 1 qualifies as incitement to violence or hatred, Member States shall encourage the use of the following criteria: the social and political context of the message, status of the speaker, content and form of the speech act as well as the likelihood of harm, including imminence.
2023/02/02
Committee: LIBEFEMM
Amendment 893 #

2022/0066(COD)

Proposal for a directive
Article 11 – paragraph 1
1. Member States shall ensure that inciting and aiding and abetting the commission of any of the criminal offences referred to in Articles 5 to 910 are punishable as criminal offences.
2023/02/02
Committee: LIBEFEMM
Amendment 896 #

2022/0066(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Member States shall ensure that an attempt to commit any of the criminal offences referred to in Articles 5 and 6, 6a and 6b is punishable as a criminal offence.
2023/02/02
Committee: LIBEFEMM
Amendment 901 #

2022/0066(COD)

Proposal for a directive
Article 12 – paragraph 2
2. Member States shall ensure that the criminal offence referred to in Article 5 is punishable by a maximum penalty of at least 810 years of imprisonment and at least 105 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
2023/02/02
Committee: LIBEFEMM
Amendment 903 #

2022/0066(COD)

Proposal for a directive
Article 12 – paragraph 3
3. Member States shall ensure that an offender of the criminal offence referred to in Article 5, who has previously been convicted of offences of the same nature,s under the scope of this directive mandatorily participates in an intervention programme referred to in Article 38.
2023/02/02
Committee: LIBEFEMM
Amendment 913 #

2022/0066(COD)

Proposal for a directive
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offence referred to in Article 6 and 6a is punishable by a maximum penalty of at least 5 years of imprisonment and at least 710 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
2023/02/02
Committee: LIBEFEMM
Amendment 915 #

2022/0066(COD)

Proposal for a directive
Article 12 – paragraph 4 a (new)
4 a. Member States shall ensure that the criminal offence referred to in Article 6b is punishable by a maximum penalty of at least 6 years of imprisonment and at least 8 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
2023/02/02
Committee: LIBEFEMM
Amendment 918 #

2022/0066(COD)

Proposal for a directive
Article 12 – paragraph 5
5. Member States shall ensure that the criminal offences referred to in Articles 87, 8, 8a, 9 and 10 are punishable by a maximum penalty of at least 2 years of imprisonment.
2023/02/02
Committee: LIBEFEMM
Amendment 920 #

2022/0066(COD)

Proposal for a directive
Article 12 – paragraph 6
6. Member States shall ensure that the criminal offences referred to in Articles 7 and 9 are punishable by a maximum penalty of at least 1 year of imprisonment.deleted
2023/02/02
Committee: LIBEFEMM
Amendment 928 #

2022/0066(COD)

Proposal for a directive
Article 13 – paragraph 1 – point b
(b) the offence was committed against a person made vulnerable by particular circumstances, such as a situation of dependence, including with reference to residence status, or a state of physical, mental, intellectual or sensory disability, or living in institutional care facilities, including retirement homes, children´s homes, reception centres for migrants or asylum seekers and detention facilities;
2023/02/02
Committee: LIBEFEMM
Amendment 936 #

2022/0066(COD)

Proposal for a directive
Article 13 – paragraph 1 – point g
(g) the offence was committed with the use or threat of using a weapon; against the victim or their relatives or persons in close relationship with the victim;
2023/02/02
Committee: LIBEFEMM
Amendment 938 #

2022/0066(COD)

Proposal for a directive
Article 13 – paragraph 1 – point h
(h) the offence was committed with the use of force or threats to use force, including against the victim´s relatives or persons in close relationship with the victim, or coercion;
2023/02/02
Committee: LIBEFEMM
Amendment 945 #

2022/0066(COD)

Proposal for a directive
Article 13 – paragraph 1 – point k
(k) the offence was committed against a former or current spouse or partnerintimate partner or cohabitant;
2023/02/02
Committee: LIBEFEMM
Amendment 972 #

2022/0066(COD)

Proposal for a directive
Article 15 – paragraph 3
3. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Article 6, 6a, 6b and 6c of at least 10 years from the time when the offence was committed.
2023/02/02
Committee: LIBEFEMM
Amendment 976 #

2022/0066(COD)

Proposal for a directive
Article 15 – paragraph 4
4. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 7, 8, 8a, 9 and 910 of at least 57 years after the criminal offence has ceased or the victim has become aware of it.
2023/02/02
Committee: LIBEFEMM
Amendment 977 #

2022/0066(COD)

Proposal for a directive
Article 15 – paragraph 5
5. Member States shall take the necessary measures to provide for a limitation period for the criminal offences referred to in Articles 8 and 10, of at least 7 years after the criminal offence has ceased or the victim has become aware of it.deleted
2023/02/02
Committee: LIBEFEMM
Amendment 987 #

2022/0066(COD)

Proposal for a directive
Article 16 – paragraph 1
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that all victims, including those referred to in Article 35(1), can report criminal offences of violence against women or domestic violence to the competent authorities in an easy, safe and accessible manner. This shall include the possibility of reporting criminal offences online or through other accessible and secure information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1006 #

2022/0066(COD)

Proposal for a directive
Article 16 – paragraph 3
3. Member States shall ensure that the confidentiality rules imposed by national law on relevant professionals, such as healthcare and education professionals, do not constitute an obstacle to their reporting to the competent authorities if they have reasonable grounds to believe that there is an imminent risk that serious physical harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. If the victim is a child, the relevant professionals shall be able to report to the competent authorities if they have reasonable grounds to believe that a seriousn act of violence covered under this Directive has been committed or further serious acts of violence are to be expected.
2023/02/02
Committee: LIBEFEMM
Amendment 1009 #

2022/0066(COD)

Proposal for a directive
Article 16 – paragraph 3 a (new)
3 a. Member States shall ensure that an adequate individual assessment of the victim´s risk and protection and support needs is carried out to ensure the safety of the victim and their dependants.
2023/02/02
Committee: LIBEFEMM
Amendment 1018 #

2022/0066(COD)

Proposal for a directive
Article 16 – paragraph 5
5. Member States shall ensure that the competent authorities coming in contact with a victim reporting offences of violence against women or domestic violence are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment referred to in Article 18.
2023/02/02
Committee: LIBEFEMM
Amendment 1026 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 1
1. Member States shall ensure that persons, units or services investigating and prosecuting violence against women or domestic violence have sufficient resources, expertise and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1029 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 2
2. Member States shall ensure that reported offences of violence against women or domestic violence are processed and transferred without delay to the competent authorities for the adoption of prostecution and investigameasures for the victim, investigation and prosecution.
2023/02/02
Committee: LIBEFEMM
Amendment 1031 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 3
3. The competent authorities shall promptly and effectively record and investigate allegations of violence against women or domestic violence and ensure that an official complaint is filed in all casesinternal system in all cases, even when the victim does not wish to bring criminal charges at that point in time.
2023/02/02
Committee: LIBEFEMM
Amendment 1039 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 4
4. The competent authorities shall promptly refer victims to relevant health care professionals or specialist support services referred to in Articles 27, 28, 29 and 29a to assist in securing evidence, in particular in cases of sexual violence, w. Where the victim does not wishes to bring charges and make use of such services. immediately, they shall be provided with all relevant information on the options of securing and storing evidence for an eventual future criminal proceedings.
2023/02/02
Committee: LIBEFEMM
Amendment 1046 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 5
5. Investigations into or prosecution of offences referred to in Articles 5 to 10 shall not be dependent on reporting or accusation by a victim or by their representative, and c. Criminal proceedings related to offences referred to in Articles 5, 6, 6a shall continue even if the report or accusation has been withdrawn.
2023/02/02
Committee: LIBEFEMM
Amendment 1048 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 5 a (new)
5 a. Member State shall take all necessary legal and other measures to ensure that victims may testify in the courtroom without being present or at least without the presence of the alleged offender, notably through the use of appropriate communication technologies.
2023/02/02
Committee: LIBEFEMM
Amendment 1050 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 5 b (new)
5 b. Member States shall designate, train and provide resources for a sufficient number of specialised staff within its law enforcement authorities, prosecutors, and judicial authorities. Member States shall consider establishing dedicated units within law enforcement authorities, designating specialised prosecutors as well as creating specialist courts or chambers on violence against women and domestic violence, with jurisdiction over both civil and criminal procedures to allow a holistic approach to combat such offences.
2023/02/02
Committee: LIBEFEMM
Amendment 1051 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 5 c (new)
5 c. Member States shall ensure that the investigation of the offences referred to in Articles 7 to 10 is carried out diligently in order to prevent inadequate investigation from effectively prosecuting such offences and increasing impunity.
2023/02/02
Committee: LIBEFEMM
Amendment 1052 #

2022/0066(COD)

Proposal for a directive
Article 17 a (new)
Article 17 a Prohibition of mandatory alternative dispute resolution Member States shall take the necessary legislative or other measures to prohibit mandatory alternative dispute resolution processes in relation to all forms of violence against women and domestic violence covered by the scope of this Directive.
2023/02/02
Committee: LIBEFEMM
Amendment 1059 #

2022/0066(COD)

Proposal for a directive
Article 18 – paragraph 2
2. This individual assessment shall be initiated immediately upon the first contact of the victim with the competent authorities. The competent judicial authorities shall verify at the latest at the initiation of criminal proceedings whether an assessment has been conducted. If this has not been the case, they shall promptly remedy the situation by undertaking an assessment as soon as possibleimmediately.
2023/02/02
Committee: LIBEFEMM
Amendment 1062 #

2022/0066(COD)

Proposal for a directive
Article 18 – paragraph 3
3. The individual assessment shall focus on the risk emanating from the offender or suspect, including the risk of repeated violence, lethality risk, the risk of bodily or psychological harm, the use of weapons, the offender or suspect living with the victim, an offender or suspect’s drug or alcohol misuse, child abuse, mental health issues or behaviour of stalking, or the withdrawal of complaints, the resumption of cohabitation and the victim's resignation on the protection measures granted.
2023/02/02
Committee: LIBEFEMM
Amendment 1065 #

2022/0066(COD)

Proposal for a directive
Article 18 – paragraph 4
4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex and other grounds and therefor whether they have specific needs ore face a heightened risk of violence, such as the cases referred to in Article 35(1), as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, as well as their dependants, and paying special attention to the need to avoid secondary or repeated victimisation. The individual assesment shall also take into consideration the financial, legal, emotional, social, physical and psychological impact on the victim.
2023/02/02
Committee: LIBEFEMM
Amendment 1073 #

2022/0066(COD)

Proposal for a directive
Article 18 – paragraph 5 – point b
(b) the granting of emergency barring and restraining or protection orders and the use of arrest and detention pursuant to Article 21 of this Directive;
2023/02/02
Committee: LIBEFEMM
Amendment 1087 #

2022/0066(COD)

Proposal for a directive
Article 18 – paragraph 7
7. Competent authorities shall update the individual assessment at regular intervals, especially in the case of changes in custody or rights of access, to ensure the protection measures relate to the victim’s current situation. This shall include an assessment of whether protection measures, in particular under Article 21, need to be adapted or taken.
2023/02/02
Committee: LIBEFEMM
Amendment 1092 #

2022/0066(COD)

Proposal for a directive
Article 18 – paragraph 8 a (new)
8a. Relevant authorities and specialised services shall ensure the provision of coordinated protection and support measures.
2023/02/02
Committee: LIBEFEMM
Amendment 1094 #

2022/0066(COD)

Proposal for a directive
Article 19 – paragraph 1
1. Member States shall ensure that, taking into account the individual assessment referred to in Article 18, the competent authorities together with specialist support services, including women’s specialist services, assess the victim’s and their dependant’s individual needs for support at regular intervals as provided for under Chapter 4.
2023/02/02
Committee: LIBEFEMM
Amendment 1096 #

2022/0066(COD)

Proposal for a directive
Article 19 – paragraph 2
2. Article 18(4), (6) and (7) shall apply to the individual assessment of support needs under paragraph 1 of this Article.
2023/02/02
Committee: LIBEFEMM
Amendment 1103 #

2022/0066(COD)

Proposal for a directive
Article 20 – paragraph 1
1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that specialist support services contact victims to offer support immediately, with the victim´s knowledge and considering the risks identified in the individual assessment.
2023/02/02
Committee: LIBEFEMM
Amendment 1116 #

2022/0066(COD)

Proposal for a directive
Article 20 – paragraph 3
3. Where needed, they shall be able to refer child victims, including witnesses, to specialist support services without the prior consent of the violent holder of parental responsibility. In this case, the protection and support needs of the non-violent parent and their dependants shall be assessed and ensured in parallel.
2023/02/02
Committee: LIBEFEMM
Amendment 1123 #
2023/02/02
Committee: LIBEFEMM
Amendment 1130 #

2022/0066(COD)

Proposal for a directive
Article 21 – paragraph 2
2. Member States shall ensure that the competent authorities can issue restraining or protection orders to provide long-term protection for victims or their dependants against any acts of violence covered by this Directive, including by prohibiting or restraining certain dangerous behaviour of the offender or suspect. Restraining and protection orders shall be adopted whenever the situation of risk to the victim makes it advisable, regardless of whether the victim has filed a complaint.
2023/02/02
Committee: LIBEFEMM
Amendment 1136 #

2022/0066(COD)

Proposal for a directive
Article 21 – paragraph 2 a (new)
2a. Member States shall encourage the use of electronic monitoring to ensure the enforcement of measures referred to in paragraph 1 and 2, including during pre-trial periods.
2023/02/02
Committee: LIBEFEMM
Amendment 1137 #

2022/0066(COD)

Proposal for a directive
Article 21 – paragraph 2 b (new)
2b. Member States shall ensure that the competent authorities use arrest and detention of the offender or suspect without delay in situations of immediate danger for the victim or their dependants, for the purposes of preserving evidence or considering the results of the risk assessment.
2023/02/02
Committee: LIBEFEMM
Amendment 1140 #

2022/0066(COD)

Proposal for a directive
Article 21 – paragraph 2 c (new)
2c. Member States shall ensure that the shared custody or the rights of access of the suspect violent parent are suspended during the duration of protection measures referred to in this Article.
2023/02/02
Committee: LIBEFEMM
Amendment 1143 #

2022/0066(COD)

Proposal for a directive
Article 21 – paragraph 3
3. Member States shall ensure that the competent authorities inform victims of the possibility to apply for emergency barring and restraining or protection orders, as well as the possibility to seek cross-border recognition of protection orders pursuant to Directive 2011/99/EU or Regulation (EU) No 606/2013. Member States shall ensure the effective cross-border recognition of protection orders in a consistent manner.
2023/02/02
Committee: LIBEFEMM
Amendment 1153 #
2023/02/02
Committee: LIBEFEMM
Amendment 1162 #
2023/02/02
Committee: LIBEFEMM
Amendment 1164 #

2022/0066(COD)

Proposal for a directive
Article 23 – paragraph 1 – point b a (new)
(ba) how to ensure an efficient and proper assessment and application of the emergency barring, restraining and protection orders referred to in Article 21;
2023/02/02
Committee: LIBEFEMM
Amendment 1184 #

2022/0066(COD)

Proposal for a directive
Article 23 – paragraph 1 – point g
(g) how to refer victims to specialist support services, to ensure the appropriate treatment of victims and handling of cases of violence against women or domestic violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1186 #

2022/0066(COD)

Proposal for a directive
Article 23 – paragraph 1 – point g a (new)
(ga) how to swiftly coordinate different legal proceedings linked to the case of violence against women or domestic violence, especially with regards to the proceedings on custody and rights of access of children.
2023/02/02
Committee: LIBEFEMM
Amendment 1191 #

2022/0066(COD)

Proposal for a directive
Article 23 – paragraph 1 a (new)
The guidelines shall be elaborated and reviewed and, where necessary updated, on a regular basis, in light of their practical application, in consultation and cooperation with women´s specialist services, victim protection centres, healthcare professionals and other relevant actors.
2023/02/02
Committee: LIBEFEMM
Amendment 1194 #

2022/0066(COD)

Proposal for a directive
Article 23 – paragraph 1 b (new)
Member States shall ensure that all competent authorities acting in criminal proceedings, including prosecutorial and judicial authorities, are properly and regularly trained in line with the guidelines referred to in paragraph 1, in cooperation with women´s specialist services, victim protection centres, healthcare professionals and other relevant actors.
2023/02/02
Committee: LIBEFEMM
Amendment 1195 #
2023/02/02
Committee: LIBEFEMM
Amendment 1197 #

2022/0066(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – introductory part
Member States shall designate and make the necessary arrangement for a body or bodies or other specialised relevant actors to carry out the following tasks:
2023/02/02
Committee: LIBEFEMM
Amendment 1201 #

2022/0066(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c
(c) provide support with data collection and exchange available information with corresponding European bodies such as the European Institute for Gender Equality.
2023/02/02
Committee: LIBEFEMM
Amendment 1204 #

2022/0066(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) provide training to relevant competent authorities;
2023/02/02
Committee: LIBEFEMM
Amendment 1205 #

2022/0066(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c b (new)
(cb) monitoring of the transposition of this Directive.
2023/02/02
Committee: LIBEFEMM
Amendment 1207 #

2022/0066(COD)

2. Member States shall ensure that the bodies or other specialised relevant actors referred to in paragraph 1 can act on behalf or in support of one or several victims of violence against women or domestic violence in judicial proceedings, including for the application for compensation referred to in Article 26 and removal of online content referred to in Article 25, with the victims’ approval.
2023/02/02
Committee: LIBEFEMM
Amendment 1212 #

2022/0066(COD)

Proposal for a directive
Article 25 – paragraph 1
1. Member States shall take the necessary measures to ensure the prompt removal of material referred to in Article 7, points (a) and (b), Article 8a, Articles 9, points (c),a) and Articles 9(b) and 10. Those measures shall include the possibility for their competent judicial authorities to issue, upon application by the victim, binding legal orders to remove or disable access to such material addressed to relevant providers of intermediary services.
2023/02/02
Committee: LIBEFEMM
Amendment 1213 #

2022/0066(COD)

Proposal for a directive
Article 25 – paragraph 2 – introductory part
2. Member States shall ensure that orders referred to in paragraph 1 can be issued in interim proceedings, even prior to the termination of any criminal proceedings regarding the offences referred to in Article 7, points (a) and (b), Article 8, point (c), Article 9a, Article 9, point (a) and (b) or Article 10 where the judicial authority seized considers that:
2023/02/02
Committee: LIBEFEMM
Amendment 1214 #

2022/0066(COD)

Proposal for a directive
Article 25 – paragraph 2 – point a
(a) it has been presented with sufficient evidence to justify the conclusion that the conduct referred to in Article 7, points (a) and (b), Article 8, point (c), Article 9a, Article 9, point (a) and (b) or Article 10 likely took place in respect of the applicant and that the material that is the object of the application constitutes material as referred to in those articles;
2023/02/02
Committee: LIBEFEMM
Amendment 1217 #

2022/0066(COD)

Proposal for a directive
Article 25 – paragraph 3
3. Member States shall ensure that orders referred to in paragraph 1 and 2 are valid for an appropriate time period not exceeding one year, subject to renewal for an additional appropriate time period, upon application by the victim, where the judicial authority seized considers that the conditions of paragraph 2 continue to be met. Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a), (b), Article 8a, Article 9, point (a) and (b) or Article 10 conclude with a finding that such an offence has been committed, the orders referred to in paragraphs 1 and 2 become permanent. However, Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a) and (b), Article 8, point (c), Article 9a, Article 9, point (a) and (b) or Article 10 are terminated without leading to the finding of such an offence having been committed, the orders are invalidated and the provider of intermediary services concerned is informed thereof.
2023/02/02
Committee: LIBEFEMM
Amendment 1221 #

2022/0066(COD)

Proposal for a directive
Article 25 – paragraph 5
5. Member States shall ensure that the end-users of the relevant services are who made the material subject to judicial order available online is informed, where appropriate by the intermediary service providers concerned, of the reasons for the removal of or disabling access to the material pursuant to the orders or other measures referred to in paragraphs 1 and 2 and that those end- users haves access to judicial redress.
2023/02/02
Committee: LIBEFEMM
Amendment 1223 #

2022/0066(COD)

Proposal for a directive
Article 25 – paragraph 6
6. Member States shall ensure that evidence is obtained and secured without undue delay after the offence is reported. Member States shall take all necessary measures to ensure that the removal of or disabling access to the material pursuant to the orders or other measures referred to in paragraphs 1 and 2 does not prevent the competent authorities from obtaining or securing the evidence necessary for the investigation and prosecution of the offences referred to in Article7, points (a) and (b), Article 8, point (c), Article 9a, Article 9, point (a) and (b) or Article 10.
2023/02/02
Committee: LIBEFEMM
Amendment 1228 #

2022/0066(COD)

Proposal for a directive
Article 26 – paragraph 1
1. Member States shall ensure that all victims have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domestic violence. Member States shall ensure that when an offender, for any reason, does not abide by the decision to pay compensation to the victim within the agreed timeframe, the State takes over this obligation and takes all appropriate actions to reclaim it from the offender.
2023/02/02
Committee: LIBEFEMM
Amendment 1234 #

2022/0066(COD)

Proposal for a directive
Article 26 – paragraph 4
4. The damage shall include costs for healthcare services, including sexual and reproductive and psychological health services, support services, rehabilitation, loss of income and other reasonable costs that have arisen as a result of the offence or to manage its consequences. The amount of the damages awarded shall also compensate for physical and/or psychological harm, social harm and moral prejudice.
2023/02/02
Committee: LIBEFEMM
Amendment 1237 #

2022/0066(COD)

Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1
The limitation periods for bringing a claim for compensation shall be no less than 5 years from the time the offence has taken placethose for enabling the investigation, prosecution, trial and judicial decision for the respective offences, as referred to in Article 15.
2023/02/02
Committee: LIBEFEMM
Amendment 1239 #

2022/0066(COD)

Proposal for a directive
Article 26 – paragraph 5 – subparagraph 2
In cases of sexual violence, the limitation period shall be no less than 10 years.deleted
2023/02/02
Committee: LIBEFEMM
Amendment 1241 #

2022/0066(COD)

Proposal for a directive
Article 26 – paragraph 5 – subparagraph 3
The limitation period for bringing a claim for compensation of criminal offences referred to in Article 7, 8, 8a, 9 and 10 shall commence with the victim’s knowledge of the offence.
2023/02/02
Committee: LIBEFEMM
Amendment 1246 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 1 – introductory part
1. Member States shall ensure that specialist support services referred to in Article 9(3) of Directive 2012/29/EU are available for all victims of acts of violence covered by this Directive. The specialist support services shall provide, inter alia:
2023/02/02
Committee: LIBEFEMM
Amendment 1251 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 1 – point a
(a) advice and, information and support on any relevant legal and/or practical matters arising as a result of the crime, including on access to housing, education, training and assistance to remain in or find employmentsuch as legal and psychological counselling, consultation on safety of the victim as well as their dependants, access to appropriate and accessible housing, healthcare, education, training and assistance to remain in or find employment, options for childcare as well as financial assistance and benefits;
2023/02/02
Committee: LIBEFEMM
Amendment 1258 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 1 – point a a (new)
(aa) immediate gender-sensitive support based on the victim´s needs, including safe shelters or first-hand medical care;
2023/02/02
Committee: LIBEFEMM
Amendment 1263 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 1 – point b
(b) referrals to medical forensic examinations and comprehensive healthcare services;
2023/02/02
Committee: LIBEFEMM
Amendment 1264 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 1 – point b a (new)
(ba) where relevant, referrals to relevant specialist support services, such as specialist support services for victims of sexual violence, victims of female genital mutilation, forced sterilisation, victims of sexual harassment at work, victims of cyber violence, shelters, support centres, including for children, and primary prevention services;
2023/02/02
Committee: LIBEFEMM
Amendment 1276 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 1 a (new)
1a. Member States shall ensure that all of the specialist support services referred to in paragraph 1 are available within their territory and organised and geographically distributed in such a way as to ensure reasonable distances and capacity for victims. Particular attention shall be given to making the services accessible to women in rural and remote areas.
2023/02/02
Committee: LIBEFEMM
Amendment 1280 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 2
2. Specialist support referred to in paragraph 1 shall be offered in-person and shall be easily accessible, including online or through other adequate means, such as information and communication technologies, tailored to the needs of victims of violence against women and domestic violence, including those with disabilities and living in institutional care facilities.
2023/02/02
Committee: LIBEFEMM
Amendment 1281 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 2 a (new)
2a. The provision of specialist support services as referred to in Chapter 4 of this Directive shall not be conditional on the victim´s willingness to file a complaint against the offender, shall be free of charge and available round the clock (24/7).
2023/02/02
Committee: LIBEFEMM
Amendment 1283 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 3
3. Member States shall ensure sufficient human andthat all specialist support services have sufficient human resources, with adequately trained and specialised staff as well as sufficient, predictable, and sustainable financial resources to provide the services referred to in paragraph 1, especially those referred to in point (c) of that paragraph, including where such services are provided by non- governmental organisations.
2023/02/02
Committee: LIBEFEMM
Amendment 1287 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 4
4. Member States shall provide the protection and specialist support services necessary to comprehensively address the multiple needs of victims at the same premises, or have such services coordinated through a central contact point, or through one-stop online access to such services, and that clear referral pathways are established across all kinds of support as well as medical services. Such combined offering of services shall include at least first hand medical care and social services, psychosocial support, legal, and police services. When planning the organisation of specialist support services, Member States shall take into account the structures and combinations of the existing specialised support services provided by non-governmental organisations and types of specialised support services offered by them.
2023/02/02
Committee: LIBEFEMM
Amendment 1292 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for healthcare and socialall relevant professionals, including healthcare, social services, and child protection or welfare services professionals on identifying and providing appropriate gender-sensitive support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services and avoiding secondary victimisation. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex and other grounds of discrimination. Such guidelines shall be elaborated and reviewed and, where necessary updated, on a regular basis, in light of their practical application, in consultation and cooperation with women´s specialist services, victim protection centres, healthcare professionals and other relevant actors, based on evidence, their expertise and best practices and taking into consideration the process and content of the individual assessment of protection and support needs, as referred to in Article 18 and 19.
2023/02/02
Committee: LIBEFEMM
Amendment 1296 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 6
6. Member States shall ensure that specialist support services remain fully operational for victims of violence against women and domestic violence in times of crisis, such as health crises or other states of emergency. Member State shall work towards a specific EU protocol on violence against women in times of crisis and emergency, taking into account the lessons learnt during previous crisis situations or emergencies.
2023/02/02
Committee: LIBEFEMM
Amendment 1304 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 7
7. Member States shall ensure that specialist support services are available to victims before, during and for an appropriafter time after criminal proceedinghe offence occurs.
2023/02/02
Committee: LIBEFEMM
Amendment 1312 #

2022/0066(COD)

Proposal for a directive
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, resourced and easily accessible rape crisis centres or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence. These centres shall provide for: a) medical care and forensic examinations, trauma support and psychological counsellwhile ensuring the victim's free and informed consent to any medical treatment, b) sexual and reproductive healthcare, including, after the offence has been perpetrated and for as longccess to emergency contraception, screening and post- exposure prophylaxis for sexually transmitted infections and diseases as well as neaccessary thereafter. Where the victim is a child, such services shall be to safe and legal abortion. c) intersectional trauma support and psychological counselling, as well as d) accompaniment throughout judicial providceed in a child-friendly manner.gs, where the victim decides to bring charges,
2023/02/02
Committee: LIBEFEMM
Amendment 1321 #

2022/0066(COD)

Proposal for a directive
Article 28 – paragraph 2
2. The services referred to in paragraph 1 shall be available after the offence has been perpetrated and for as long as necessary thereafter, free of charge and accessible round-the-clock (24/7) every day of the week. They may be part of the services referred to in Article 27. Where the victim is a child, such services shall be provided in a child- friendly manner and be provided together with specialist support services for children.
2023/02/02
Committee: LIBEFEMM
Amendment 1323 #

2022/0066(COD)

Proposal for a directive
Article 28 – paragraph 2 a (new)
2a. Where a Member State's national law allows a competent health professional, or on some occasions entire medical institutions, to refuse to provide sexual and reproductive healthcare on the basis of the so-called conscience clause, which leads to the denial of abortion care on grounds of religion or conscience, Member States should ensure that the conscience clause does not put women’s timely access to SRH care at risk, by providing other viable, effective and accessible abortion services.
2023/02/02
Committee: LIBEFEMM
Amendment 1330 #
2023/02/02
Committee: LIBEFEMM
Amendment 1332 #

2022/0066(COD)

Proposal for a directive
Article 29 – paragraph 1
1. Member States shall ensure effective, accessible, age-appropriate support to victims of female genital mutilation and forced sterilisation, including by providing, gynaecological and obstetric, sexological, psychological and intersectional trauma care and counselling tailored to the specific needs of such victims, after the offence has been perpetrated and for as long as necessary thereafter. TIn cases of female genital mutilation, this shall also include the provision of information on units in public hospitals that perform genital and clitoral reconstructive surgery. Such support may be provided by the referral centres referred to in Article 28 or any dedicated health centre. Such specialist support shall be carried out with the highest standards of privacy, intimacy and confidentiality.
2023/02/02
Committee: LIBEFEMM
Amendment 1337 #

2022/0066(COD)

Proposal for a directive
Article 29 – paragraph 2
2. Article 27(3) and (6) and Article 28(2) shall be applicable to the provision of support for victims of female genital mutilation.
2023/02/02
Committee: LIBEFEMM
Amendment 1338 #

2022/0066(COD)

Proposal for a directive
Article 29 a (new)
Article 29a Specialist support for victims of cyberviolence 1. Member States shall provide for appropriately equipped, easily accessible cyber violence centres to ensure effective support to victims of cyber violence, including psychological support, legal counselling and assistance for obtaining judicial orders for removal or disabling access to certain online material as referred to in Article 25, assisting in the communication with relevant online intermediary service providers, including using notice and action mechanisms, and where relevant, assisting in the preservation and documentation of evidence. Such support may be part of services referred to in Article 27. 2. Article 27 shall be applicable to the provision of support for victims of female genital mutilation.
2023/02/02
Committee: LIBEFEMM
Amendment 1343 #
2023/02/02
Committee: LIBEFEMM
Amendment 1349 #

2022/0066(COD)

Proposal for a directive
Article 30 – paragraph 1
Member States shall ensure that safe, confidential and effective complaint and investigation mechanisms are available for victims and that external counselling services are available for victims and employers in cases of sexual harassment atin the world of work. These services shall include advice on adequately preventing and addressing such instances atin the workplaceld of work, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishes.
2023/02/02
Committee: LIBEFEMM
Amendment 1352 #

2022/0066(COD)

Proposal for a directive
Article 30 – paragraph 1 a (new)
Member states shall ensure that counselling services and employers treat cases of sexual harassment at work confidentially.
2023/02/02
Committee: LIBEFEMM
Amendment 1360 #

2022/0066(COD)

Proposal for a directive
Article 31 – paragraph 1
1. Member States shall set up state- wide round-the-clock (24/7) telephone helplines, free of charge, to provide advicespecialist advice, information and counselling for victims of all forms of violence against women and domestic violence by trained professionals. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other secure and accessible information and communication technologies, including online applications, in order to ensure a wide variety of contact options for the victims, including victims with disabilities.
2023/02/02
Committee: LIBEFEMM
Amendment 1363 #

2022/0066(COD)

Proposal for a directive
Article 31 – paragraph 1 a (new)
1a. Provisions in paragraph 1 shall be without prejudice to other existing helplines specialised on violence against women or domestic violence within a Member State, including those run by non-governmental organisations, and shall not lead to withdrawal of their support by Member States.
2023/02/02
Committee: LIBEFEMM
Amendment 1365 #

2022/0066(COD)

Proposal for a directive
Article 31 – paragraph 1 b (new)
1b. Member States shall ensure that national helplines are equipped to provide support also to persons not speaking the national language or languages.
2023/02/02
Committee: LIBEFEMM
Amendment 1373 #

2022/0066(COD)

Proposal for a directive
Article 32 – paragraph 1
1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violenceviolence against women and domestic violence. Member States shall ensure the availability of women-only shelters and other interim accommodations. Such shelters shall be adequately equipped to provide accommodation for victims with children. They shall assist them in their recovery, providing safe, adequate and appropriate living conditions with a view on a return to independent living.
2023/02/02
Committee: LIBEFEMM
Amendment 1381 #

2022/0066(COD)

Proposal for a directive
Article 32 – paragraph 2
2. The shelters and other appropriate interim accommodations shall be equipped to accommodate the specific needs ofrights and needs of persons with disabilities as well as children, including child victims.
2023/02/02
Committee: LIBEFEMM
Amendment 1386 #

2022/0066(COD)

Proposal for a directive
Article 32 – paragraph 3
3. The shelters and other appropriate interim accommodations shall be available to all victims regardless of their nationality, citizenship, place of residence or residence status.
2023/02/02
Committee: LIBEFEMM
Amendment 1400 #

2022/0066(COD)

Proposal for a directive
Article 33 – paragraph 2
2. Child victims shall be provided with age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of domestic violence, and in all stages of investigations and judicial proceedings.
2023/02/02
Committee: LIBEFEMM
Amendment 1413 #

2022/0066(COD)

Proposal for a directive
Article 34 – paragraph 1
Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibilities who is an offender or suspect of violence against women or domestic violence, to the extent that the latter has rights of access. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child, at the same time allowing for avoidance of contact between the offender or suspect and the non-violent parent or their relatives when accompanying the child to the meeting.
2023/02/02
Committee: LIBEFEMM
Amendment 1418 #

2022/0066(COD)

Proposal for a directive
Article 34 – paragraph 1 – point 1 (new)
(1) Member States shall take the necessary measures to ensure that, in parallel with the proceedings against the offender or suspect of violence against women or domestic violence who is a holder of parental responsibilities, child protection or welfare authorities take action ex officio with the aim to examine the custody and rights of access of the violent parent, in the best interest of the child, including in cases where the child is a witness of violence against women or domestic violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1421 #

2022/0066(COD)

Proposal for a directive
Article 34 – paragraph 1 a (new)
Member States shall take the necessary legislative and other measures to ensure that in the process of determining custody and rights of access, the relevant competent authorities take into account all incidents of violence against women or domestic violence, including where the child is a witness, as well as any restraining or protection orders issued.
2023/02/02
Committee: LIBEFEMM
Amendment 1423 #

2022/0066(COD)

Proposal for a directive
Article 34 – paragraph 1 b (new)
Member States shall ensure that when establishing the arrangements for custody allocation and access rights, the protection of women and children from violence and the best interests of the child are the primary concern and take precedence over other criteria. The best interest of the child shall prevail over a request of shared custody or rights of access with the violent parent.
2023/02/02
Committee: LIBEFEMM
Amendment 1425 #

2022/0066(COD)

Proposal for a directive
Article 34 – paragraph 1 c (new)
The competent authorities, child protection or welfare services and other relevant specialised services shall conduct risk assessments in the process of determining custody and the rights of access in cases of violence against women and domestic violence, especially regarding vicarious violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1426 #

2022/0066(COD)

Proposal for a directive
Article 34 – paragraph 1 d (new)
Member States shall take the necessary measures to ensure that non-scientific theories and concepts, including parental alienation syndrome or any other related concept, when determining custody and rights of access in cases involving violence against women and domestic violence are not recognised in their judicial practice and law.
2023/02/02
Committee: LIBEFEMM
Amendment 1432 #

2022/0066(COD)

Proposal for a directive
Article 35 – paragraph 1
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with no or low income, women with a minority racial or ethnic background, or women from sexual or gender-identity minorities, women sex workers, women detainees, or older women.
2023/02/02
Committee: LIBEFEMM
Amendment 1438 #

2022/0066(COD)

Proposal for a directive
Article 35 – paragraph 2
2. The support services under Articles 27 to 32 shall be sufficiently, predictably and sustainably funded to have sufficient capacities to accommodate and assist victims with disabilities, taking into consideration their specific needs, including personal assistance.
2023/02/02
Committee: LIBEFEMM
Amendment 1445 #

2022/0066(COD)

Proposal for a directive
Article 35 – paragraph 4
4. Member States shall ensure that persons can report occurrences of violence against women or domestic violence in reception and detention centres as well as in institutional care facilities to the relevant staff and that protocols are in place to adequately and swiftly address such reports in accordance with the requirements in Article 18, 19 and 20.
2023/02/02
Committee: LIBEFEMM
Amendment 1456 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 2
2. Primary preventive measures shall be aimed at preventing violence from ever occurring and shall include awareness- raising campaigns, to increasearch and education programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholder understanding among the general public of the different manifestations of all forms of violence and their consequences, and social protection policies, research on risk and protective factors of violence against women and domestic violence, and education programmes throughout life cycle adapted to the capacity of learners, especially age-appropriate comprehensive sexuality and relationship education and equality education both in and outside of formal education as well as programmes on prevention-relevant skills.
2023/02/02
Committee: LIBEFEMM
Amendment 1464 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 2 a (new)
2a. Secondary preventive measures shall be aimed at early detection of violence and prevention of its progression or escalation while tertiary prevention shall be focused on prevention of reoffending and revictimisation, as well as at proper management of consequences of the violence. These measures shall include, among others, promotion of bystander intervention, early intervention centres as well as intervention programmes as referred to in Article 38.
2023/02/02
Committee: LIBEFEMM
Amendment 1465 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 2 a (new)
2a. As far as sex work is concerned, the best prevention measure to avoid violence is to provide a safe working environment and legal rights and protection, which is best attained through decriminalising sex work across all Member States;
2023/02/02
Committee: LIBEFEMM
Amendment 1468 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 3
3. Member States shall make information on preventive measures, the rights of victims, access to justice and to a lawyer, and the available protection and support measures available to the general publicand easily accessible to the general public, via various medias, in relevant languages and in different formats, including in formats accessible to persons with disabilities.
2023/02/02
Committee: LIBEFEMM
Amendment 1475 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 4
4. Targeted action shall be addressed to groups at risk,with specific needs and groups at risk, such as those referred to in Article 35 (1) and including children, according to their age and maturity, and persons with disabilities, taking into consideration language barriers and different levels of literacy and abilities. Information for children shall be formulated in a child- friendly way.
2023/02/02
Committee: LIBEFEMM
Amendment 1482 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 5
5. PAll preventive measures shall in particular aim at challenging harmful gender stereotypes, educating on the concept of consent, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.
2023/02/02
Committee: LIBEFEMM
Amendment 1490 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 6
6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutilation and forced sterilisation.
2023/02/02
Committee: LIBEFEMM
Amendment 1496 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 7
7. Preventive measures shall also specifically address cyber violence. In particular, Member States shall ensure that education measures include the development of digital literacy skills, including critical engagement with the digital world and critical thinking, to enable users to identify and address cases of cyber violence as well as to recognise its different forms, seek support and prevent its perpetration. Member States shall foster multidisciplinary and stakeholder cooperation, including intermediary services and competent authorities to develop and implement measures to tackle cyber violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1510 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 1
1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, prevention workers, providers of victim support and restorative justice services, healthcare professionals, social services, educational and other relevant staff, receive both general and specialist training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or domestic violence, avoid further violence or revictimisationd to treat victims in a trauma- , gender-, disability- and child- sensitive manner and to inform the victims of their rights.
2023/02/02
Committee: LIBEFEMM
Amendment 1516 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 1 a (new)
1a. Member States shall ensure that the authorities competent for receiving reports of offences from victims are appropriately trained to facilitate and assist in the reporting of such crimes.
2023/02/02
Committee: LIBEFEMM
Amendment 1517 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 1 b (new)
1b. Member States shall ensure that competent authorities in charge of carrying out individual assessment of victim´s protection needs, as referred to in Article 18, receive specialised training both on physical and non-physical forms of violence, such as psychological violence or controlling or coercive behaviour, as well as on harmful gender stereotypes, in order to enable swift and appropriate follow-up actions.
2023/02/02
Committee: LIBEFEMM
Amendment 1522 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians , gynaecologists, obstetriciand, midwives, and sexologists shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female genital mutilation.
2023/02/02
Committee: LIBEFEMM
Amendment 1526 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 2 a (new)
2a. Healthcare professionals shall also receive regular trainings aimed at preventing occurrence of violence in healthcare settings, including training on patient´s informed consent and on treating patients in a non-discriminatory, respectful and dignified manner.
2023/02/02
Committee: LIBEFEMM
Amendment 1530 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 3
3. Persons with supervisory functions in the workplace, in both the public and private sectors, shall receive adequate training on how to recognise, prevent and address sexual harassment at work, including on risk assessments concerning occupational safety and health risks, to provide support to victims affected thereby and respond in an adequate manner. Those persons and employers shall receive information, training and guidance about the effects of violence against women and domestic violence on workers and the risk of third party violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1533 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 4
4. The training activities referred to in paragraphs 1 and 2a, 1b, and 2a of this Article shall include training on co-ordinated multi-agency and multi-disciplinary co- operation to allow for a comprehensive and appropriate handling of referrals in cases of violence against women or domestic violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1538 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 6
6. Member States shall ensure that the authorities competent for receiving reports of offences from victims are appropriately trained to facilitate and assist in the reporting of such crimes.deleted
2023/02/02
Committee: LIBEFEMM
Amendment 1545 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 7
7. Training activities referred to in paragraphs 1 and 2a, 1b, 2 and 2a of this Article shall be regular and mandatory, including on cyber violence, and built on the specificities of violence against women and domestic violence. Such training activities shall include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of sex and other grounds. Such training shall be provided by qualified trainers adhering to strict quality standards in terms of training duration, frequency, methods and outcomes in line with objectives of this Directive.
2023/02/02
Committee: LIBEFEMM
Amendment 1547 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 7 a (new)
7a. Training materials and activities shall be elaborated and reviewed and, where necessary updated, on a regular basis, in light of their practical application, in consultation and cooperation with victims, women´s specialist services, victim protection centres, healthcare professionals and other relevant actors, based on evidence, their expertise and best practices, and taking into account the need for multi- disciplinary and multi-agency cooperation and coordination. Particular importance shall be given to establishing solid referral pathways to specialist support services, as well as to safe and confidential processing of victim´s personal data.
2023/02/02
Committee: LIBEFEMM
Amendment 1553 #

2022/0066(COD)

1. Member States shall take the necessary measures to ensure that targeted and effective intervention programmes are established to prevent and minimise the risk of committing offences of violence against women or domestic violence, or reoffending, with trained and skilled professionals, in close cooperation with specialist support services for victims, to prevent and minimise the risk of committing offences of violence against women or domestic violence, and reoffending. These programmes shall seek to help offenders understand and recognise their responsibility, change their harmful attitudes and behaviours as well as to adopt non-violent behaviour in interpersonal relationships.
2023/02/02
Committee: LIBEFEMM
Amendment 1570 #

2022/0066(COD)

Proposal for a directive
Article 39 – paragraph 4
4. It shall be responsible for coordinating policies at the central, regional and local levels and liaising with relevant European agencies and bodies.
2023/02/02
Committee: LIBEFEMM
Amendment 1572 #
2023/02/02
Committee: LIBEFEMM
Amendment 1575 #

2022/0066(COD)

Proposal for a directive
Article 40 – paragraph 1
1. Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation, at the national level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as non- governmental organisations, in particular women´s specialist services, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonomy, and other relevant organisations and entities.
2023/02/02
Committee: LIBEFEMM
Amendment 1576 #

2022/0066(COD)

Proposal for a directive
Article 40 – paragraph 2
2. Such mechanisms shall pertain to all stages, areas and aspects of violence against women and domestic violence, and in particular pertain to the individual assessments under Articles 18 and 19, and the provision of protection and support measures under Article 21 and entire Chapter 4, the guidelines for law enforcement and judicial authorities under Article 23, and in the trainings for professionals as referred to in Article 37.
2023/02/02
Committee: LIBEFEMM
Amendment 1578 #

2022/0066(COD)

Proposal for a directive
Article 41 – paragraph 1
Member States shall closely cooperate with and consult in a consistent and structured manner with relevant civil society organisations, includingespecially non-governmental organisations working with victims of violence against women or domestic violence, in particular in providing support to victims, concerning policymaking initiatives, inform and women´s specialist services, and recognise them as equal partners, in order to enhance their meaningful participation in the whole process of policymaking as well as implementation, monitoring, evaluationg and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims. review of impact of policies, initiatives and measures on preventing and combatting violence against women and domestic violence, as referred to in this Directive, in particular in providing support to victims, information and awareness-raising campaigns, research and education programmes and in training.
2023/02/02
Committee: LIBEFEMM
Amendment 1590 #

2022/0066(COD)

Proposal for a directive
Article 43 – paragraph 1 – introductory part
Member States shall take appropriate action to facilitate cooperation between each other as well as with the EU institutions, agencies and bodies to improve the implementation of this Directive. Such cooperation shall aim at least at:
2023/02/02
Committee: LIBEFEMM
Amendment 1592 #

2022/0066(COD)

Proposal for a directive
Article 43 – paragraph 1 – point a
(a) exchanging best practices and consulting each other in individual cases, including through Eurojust and the European Judicial Network in criminal matters, in particular in, but not limited to, cross-border cases;
2023/02/02
Committee: LIBEFEMM
Amendment 1594 #

2022/0066(COD)

Proposal for a directive
Article 43 – paragraph 1 – point b
(b) exchanging information and best practices with relevant Union agencies and cooperating with them on the establishment of common standards and guidelines;
2023/02/02
Committee: LIBEFEMM
Amendment 1602 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 1
1. Member States shall have a system in place for theregular collection, development, production and dissemination of statistics on violence against women orand domestic violence, including the forms of violence referred to in Articles 5 to 10.
2023/02/02
Committee: LIBEFEMM
Amendment 1606 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 2 – introductory part
2. The statistics shall be published at least annually and shall include the following data disaggregated by sex, age of the victim and of the offender, disability, relationship between the victim and the offender and type of, type of offence, and place of the offence:
2023/02/02
Committee: LIBEFEMM
Amendment 1613 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 2 – point a
(a) the number of victims who experienced violence against women orand domestic violence during the last 12 months, last five years and lifetime;
2023/02/02
Committee: LIBEFEMM
Amendment 1623 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
(ba) c) annual and monthly number of fatal victims and orphan children; d) information on the existence of an official claim filed by the fatal victim; e) the number of cases reported to the law enforcement authorities; offences, f) the number of cases reported to specialist support services as referred to in Articles 27 to 32; g) the numbers of emergency barring, restraining and protection orders issued; h) the numbers of cases investigated, prosecuted and adjudicated; i) the number of convictions for the offences; j) the types and levels of sanctions imposed on offenders for violence against women and domestic violence, including per categories of offences as referred to in Articles 5 to 10; k) the average length of investigations and of criminal proceedings; l) number of calls to national helplines.
2023/02/02
Committee: LIBEFEMM
Amendment 1633 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 4
4. In order to ensure administrative data comparability across the Union, Member States shall collect administrative datadata referred to in paragraph 2 on the basis of common disaggregations developed in cooperation with and according to the methodology developed by the European Institute for Gender Equality in accordance with paragraph 5. They shall transmit this data to the European Institute for Gender Equality on a yearly basis. The European Institute for Gender Equality shall regularly publish a report based on the statistical data transmitted by the Member States. The transmitted data shall not contain personal data.
2023/02/02
Committee: LIBEFEMM
Amendment 1638 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 5
5. The European Institute for Gender Equality shall support Member States in the data gathering referred to in paragraph 2, point (b), including by establishing common standards on counting units, counting rules, common disaggregations, reporting formats, and on the classification of criminal offences. Civil society organisations working on preventing and combatting violence against women and domestic violence, in particular women´s specialist services, shall be involved in the development of the methodologies for surveys and data collection.
2023/02/02
Committee: LIBEFEMM
Amendment 1642 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 6
6. The Member States shall make the collected statistics available to the public in easily accessible and understandable manner. The statistics shall not contain personal data.
2023/02/02
Committee: LIBEFEMM
Amendment 1647 #

2022/0066(COD)

Proposal for a directive
Article 44 a (new)
Article 44a Resources 1. Member States shall ensure that national authorities that detect, investigate, prosecute and adjudicate offences within the scope of this Directive have a sufficient number of adequately trained specialised staff, including through the establishment of dedicated specialised units or chambers, and ensure that these national authorities have sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive. 2. Member States shall ensure that all specialised support service providers, including non-governmental women´s specialist services, as well as other relevant actors are provided with sufficient, predictable, and sustainable funding and human, technical and technological resources necessary to ensure effective performance of their functions related to the implementation of this Directive. 3. Member States shall ensure sufficient, predictable and sustainable funding for all types of measures laid out in this Directive, including prevention, protection, access to justice, victim support as well as coordination and cooperation measures.
2023/02/02
Committee: LIBEFEMM
Amendment 1651 #

2022/0066(COD)

Proposal for a directive
Article 45 – paragraph 1
Directive 2011/93/EU
Article 3 – paragraph 7
7. Member States shall ensure that the following intentional conduct shall be punishable by a maximum term of imprisonment of at least 125 years:
2023/02/02
Committee: LIBEFEMM
Amendment 1652 #

2022/0066(COD)

Proposal for a directive
Article 45 – paragraph 1
Directive 2011/93/EU
Article 3 – paragraph 8
8. Where the child is above the age of sexual consent and does not consent to the act, Member States shall ensure that the conduct set out in paragraph 7 is punishable by a maximum term of imprisonment of at least 102 years.
2023/02/02
Committee: LIBEFEMM
Amendment 1654 #

2022/0066(COD)

Proposal for a directive
Article 45 – paragraph 1
Directive 2011/93/EU
Article 3 – Paragraph 9
Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past sexual conduct or existing or past relationship with the offender, including marital status. Consent shall be given for each separate act.
2023/02/02
Committee: LIBEFEMM
Amendment 1658 #

2022/0066(COD)

Proposal for a directive
Article 47 – paragraph 1
1. By [sevenfour years after the entry into force of this Directive] at the latest, and every two years thereafter, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report on the application of this Directive.
2023/02/02
Committee: LIBEFEMM
Amendment 1659 #

2022/0066(COD)

Proposal for a directive
Article 47 – paragraph 2
2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall regularly and in line with the reporting obligations of Member States submit to the European Parliament and the Council a report in which it reviews the application of this Directive.
2023/02/02
Committee: LIBEFEMM
Amendment 139 #

2022/0009(COD)

Proposal for a regulation
Recital 28
(28) The national focal points should be one of the main data providers to the Agency. It is necessary to set minimum requirements for their creation by Member States and their certification by the Agency. In order to guarantee the adequate functioning of the national focal points, they should be set up on a permanent basis, with a dedicated budget, appropriate human resources and a certain degree of independence in carrying out their function.
2022/09/27
Committee: LIBE
Amendment 141 #

2022/0009(COD)

Proposal for a regulation
Recital 29
(29) The Agency should be properlyIt is necessary to provide the Agency with the requisite human and financial resourceds to carry outfulfill its tasks and granted, objectives and responsibilities and to grant it an autonomous budget. It should be mainly financed by a contribution from the general budget of the Union. The Union budgetary procedure should be applicable as far as the Union contribution and any other subsidies chargeable to the general budget of the Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors of the European Union.
2022/09/27
Committee: LIBE
Amendment 144 #

2022/0009(COD)

Proposal for a regulation
Recital 30
(30) Fees improve the funding of an agency and may be considered for specific issues that can be clearly separated from the core tasks of the agency. AnyThe fees levied by the Agency shall be established through a transparent methodology in order to ensure a predictable budget and should cover its costs for providing the respective services.
2022/09/27
Committee: LIBE
Amendment 149 #

2022/0009(COD)

Proposal for a regulation
Recital 35 a (new)
(35 a) The Agency should establish close cooperation with experts on the ground and with relevant non-governmental and civil society organisations, recognising their important role in this field.
2022/09/27
Committee: LIBE
Amendment 168 #

2022/0009(COD)

Proposal for a regulation
Article 5 – paragraph 4 a (new)
4 a. The Agency shall develop a communication strategy and promote dialogue with non-governmental and civil society organisations in order to raise public awareness and actively disseminate information about its work.
2022/09/27
Committee: LIBE
Amendment 199 #

2022/0009(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) emerging trends in the drugs phenomenon in the Union and internationally as far as these impact on the Union; this shall include the monitoring of the use of new technologies for drug services or drug trafficking, and links to other crime areas, as relevantmoney laundering and any other relevant crime areas;
2022/09/27
Committee: LIBE
Amendment 277 #

2022/0009(COD)

Proposal for a regulation
Article 20 – paragraph 1 – point b
(b) cooperate actively with the organisations and bodies referred to in Article 53 and 55;
2022/09/27
Committee: LIBE
Amendment 284 #

2022/0009(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. The international cooperation framework referred to in paragraph 1, point (a), shall take into account the relevant policy documents of the Union and consider the developments of the drug phenomenon, in particular trafficking routes and drug production areas. It shall set out the priority countries or regions for cooperation and the key outcomes of the cooperation. The Agency shall evaluate and review accordingly the international cooperation framework regularly.
2022/09/27
Committee: LIBE
Amendment 288 #

2022/0009(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. Cooperation with third countries and with international organisations shall be carried out in accordance with Articles 53, 54 and 545.
2022/09/27
Committee: LIBE
Amendment 295 #

2022/0009(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point a
(a) onetwo independent experts particularly knowledgeable in the field of drugs designated by the European Parliament, with the right to vote;
2022/09/27
Committee: LIBE
Amendment 299 #

2022/0009(COD)

Proposal for a regulation
Article 23 – paragraph 4
4. Members of the Management Board and their alternates shall be appointed in light of their knowledge in the field of drugs and drug addiction, taking into account relevant managerial, administrative and budgetary skills, as well as respecting the gender balance principle. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of the Management Board's work. All parties shall aim to achieve a balanced representation between women and men on the Management Board.
2022/09/27
Committee: LIBE
Amendment 326 #

2022/0009(COD)

Proposal for a regulation
Article 36 – paragraph 2
2. The Agency's budget shall be balanced in terms of revenue and of expenditure. The Agency's budget shall be adequate to ensure sufficient staff and equipment in order to allow it to achieve its objectives and tasks as set by this Regulation.
2022/09/27
Committee: LIBE
Amendment 338 #

2022/0009(COD)

Proposal for a regulation
Article 37 – paragraph 1 – point e
(e) other customised services falling within its mandate and rendered at the request of a participating country which require the investment of additional resources in the support of national activities.
2022/09/27
Committee: LIBE
Amendment 340 #

2022/0009(COD)

Proposal for a regulation
Article 37 – paragraph 2
2. At the proposal of the Executive Director, the Management Board of the Agency shall, using a transparent methodology, set the amount of the fees and the way in which they are paid.
2022/09/27
Committee: LIBE
Amendment 349 #

2022/0009(COD)

Proposal for a regulation
Article 43 – paragraph 2
2. The Executive Director shall be appointed by the Management Boardselected on the grounds of merit and documented high-level administrative, budgetary and management skills and shall be appointed by the Management Board, with the prior approval by the European Parliament, from a list of candidates proposed by the Commission, following an open and transparent selection procedure, which shall respect the principle of gender balance.
2022/09/27
Committee: LIBE
Amendment 360 #

2022/0009(COD)

Proposal for a regulation
Article 55 – paragraph 1
The Agency shall maintain a close dialogue with relevantclosely cooperate with experts on the ground and with relevant non-governmental and civil society organisations active in the fields covered by this Regulation at national, Union or international level.
2022/09/27
Committee: LIBE
Amendment 17 #

2021/2250(INI)

Motion for a resolution
Citation 4 a (new)
— – Having Regard to Turkey’s membership in the Council of Europe and in NATO;
2022/03/09
Committee: AFET
Amendment 41 #

2021/2250(INI)

Motion for a resolution
Citation 11 a (new)
— having regard to the report of the Parliamentary Assembly of the Council of Europe on ‘Restrictions on NGO activities in Council of Europe Member States';1a _________________ 1a PACE report on Restrictions on NGO activities in Council of Europe Member States, accessible at https://assembly.coe.int/nw/xml/XRef/Xref -XML2HTML-en.asp?fileid=28906⟨=en
2022/03/09
Committee: AFET
Amendment 47 #

2021/2250(INI)

Motion for a resolution
Recital A
A. whereas Turkey, besides being a candidate forto EU accession, is a key partner in relation to the economy, trade and migration, as well as a strategic partner, security and counter-terrorism, green transition and migration, as well as a strategic partner; Whereas Turkey is the EU’s sixth trading partner while the EU is Turkey’s largest trading partner; Whereas Turkey is a key member in NATO and plays an instrumental geostrategic role in the security architecture of the Black Sea and, in particular, in the security of Ukraine, which is facing Russian aggression;
2022/03/09
Committee: AFET
Amendment 62 #

2021/2250(INI)

Motion for a resolution
Recital B
B. whereas, in the aftermath of recent tensions between the EU and Turkey, particularly in relation to the situation in the Eastern Mediterranean, the European Council offered to nurture a more positive dynamic in EU-Turkey relations by expressing readiness to engage with Turkey in a phased, proportionate and reversible manner in a number of areas of common interest on the condition of improvements in EU-Turkey relations and the respect for democratic values and the rule of law by the Turkish government;
2022/03/09
Committee: AFET
Amendment 71 #

2021/2250(INI)

Motion for a resolution
Recital C
C. whereas being a candidate country presumes a willingness to progressively approach in all aspects the values, interests, standards and policies of the EU and to respect and uphold the Copenhagen criteria and to align itself with EU policies and objectives; whereas an analysis of the EU’s reports in recent years reveal that Turkey’s distance from the EU’s values and its normative framework is still considerablevast and is even growing in fundamental areas such as respect for international law, the rule of law and human rights; Whereas the links between Turkish civil society and pro-democratic forces and the EU remain strong, as the EU is deeply committed to provide support to Turkish citizens and organisations that promote European norms and values;
2022/03/09
Committee: AFET
Amendment 92 #

2021/2250(INI)

Motion for a resolution
Recital D
D. whereas over the past year, EU- Turkey relations have on average remained stable, asdespite enhanced cooperation and dialogue on a number of issues have coexisted with, EU-Turkey relations have suffered regular conflicts; whereas this report reflects this situation by welcoming positive developments and pointing to further potential in the relationship, while signalling remaining significant problems, in particular as regards violations of international law, the rule of law and fundamental rights;
2022/03/09
Committee: AFET
Amendment 94 #

2021/2250(INI)

Motion for a resolution
Recital D a (new)
D a. whereas bans on Pride events have constituted significant curtailment to the freedom of association and expression for LGTBI persons, justified by the ‘need to protect participants against terror threats’, ‘protection of public morals’, ‘social sensitivities’, the risk of these events ‘inciting hatred and enmity’ or to ‘prevent crimes being committed’; whereas these reasons constitute deliberate attempts at undermining international human rights obligations and reflect the need for progress on protection of LGBTI people, namely in the fields of freedom of peaceful assembly, association and expression;
2022/03/09
Committee: AFET
Amendment 97 #

2021/2250(INI)

Motion for a resolution
Recital D a (new)
D a. whereas Turkey’s interference in European democracies through efforts towards the Turkish diaspora is clearly documented, inparticular via the Presidency for Turks Abroad and Related Communities (YTB); whereas the Turkish Authorities actively called the Turkish diaspora to support “political parties that were not enemy of Turkey”.
2022/03/09
Committee: AFET
Amendment 113 #

2021/2250(INI)

Motion for a resolution
Paragraph 1
1. Reiterates its concern about the persistent and growing distance between the EU and TurkeyTurkey’s government and EU values and standards, despite it being a candidate country, in terms of values and standards, and the continuing lack of political will to carry out the necessary reforms to address, in particular, the serious concerns about the rule of law and fundamental rights that continue to negatively affect the accession process; considers that without clear and significant progress in this field, Parliament cannot envisage any resumptfirmly insists therefore that, in line with the Negotiating Framework from October 2005, the Commission should recommend formal suspension of accession negotiations with Turkey, which have effectively been at a standstill since 2018;
2022/03/09
Committee: AFET
Amendment 132 #

2021/2250(INI)

Motion for a resolution
Paragraph 2
2. Notes, however, that there has been a slight improvement over the past year in overall EU-Turkey relations, which have on average remained stable, aswith enhanced cooperation and dialogue through the high-level dialogues on a number of issues, while haveing coexisted with regular conflicts; expresses its hope that this pattern of ‘conflictual cooperation’ can be overcome and replaced with a more sustained and genuine positive dynamic;
2022/03/09
Committee: AFET
Amendment 145 #

2021/2250(INI)

Motion for a resolution
Paragraph 3
3. Reiterates its firm conviction that Turkey is a country of strategic relevance in political, economic and foreign policy terms, a partner that is key for the stability of the wider region, and an inescapable and vital ally with which the EU wishes to pursue the best possible relations, including within NATO; is deeply concerned about Turkey's current destabilising role in the wider region through its involvement in several conflicts; welcomes, in this view, the recent statements expressed at the highest level by the Turkish authorities about the recommitment of the Turkish Government to the EU path, but urges the Turkish authorities to put their words into action and demonstrate this commitment with specific facts and decisions;
2022/03/09
Committee: AFET
Amendment 161 #

2021/2250(INI)

Motion for a resolution
Paragraph 4
4. Expresses its deep concern over the current economic situation in Turkey, which through soaring inflation and a constantly rising cost of living is pushing a high and increasing number of people into hardship and poverty; expresses concern over the direct interference by the Turkish president in Turkish monetary policy; Calls for financial institutions such as the ECB or the IMF to provide technical support, if desired by the Turkish authorities;
2022/03/09
Committee: AFET
Amendment 178 #

2021/2250(INI)

Motion for a resolution
Paragraph 6
6. Insists that the crucial area of fundamental rights and freedoms, which is at the core of the accession process, cannot be disconnected and isolated from overall relations with the EU and stresses that for Parliament, it remains the main obstacle to further progress on any positive agenda that could be offered to Turkey; considers that the adoption on March 2021 of an Action Plan on Human Rights shows a willingness to improve the overall situation of fundamental rights in Turkey; notes nevertheless that the commitment of the government will be measured by the extent of its implementation and the reforms undertaken to ensure its application to all citizens without discrimination;
2022/03/09
Committee: AFET
Amendment 185 #

2021/2250(INI)

Motion for a resolution
Paragraph 6
6. Insists that the crucial area of fundamental rights and freedoms, which is at the core of the accession process, cannot be disconnected and isolated from overall relations with the EU and stresses that for Parliament, it remains one of the main obstacles to further progress on any positive agenda that could be offered to Turkey;
2022/03/09
Committee: AFET
Amendment 202 #

2021/2250(INI)

Motion for a resolution
Paragraph 7
7. Reiterates its strong condemnation of Turkey’s withdrawal, by presidential decree, from the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention) and expresses deep concern about the persistence of violences against women in Turkey;
2022/03/09
Committee: AFET
Amendment 205 #

2021/2250(INI)

Motion for a resolution
Paragraph 7
7. Reiterates its strong condemnation and regret of Turkey’s withdrawal, by presidential decree, from the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention);
2022/03/09
Committee: AFET
Amendment 213 #

2021/2250(INI)

Motion for a resolution
Paragraph 8
8. Notes the importance of upholding the freedom of assembly in Turkey, which is enshrined in its constitution; but increasingly under pressure, in particular for certain opposition parties;
2022/03/09
Committee: AFET
Amendment 222 #

2021/2250(INI)

Motion for a resolution
Paragraph 9
9. Reiterates its serious concern about the disproportionate and arbitrary measures curtailing freedom of expression; welcomes the further decrease in the number of journalists in prison in Turkeycondemns the high number of imprisoned journalists, media employees as well as social media users; notes with deep concern the increasing restrictions and censorship imposed on social media platforms;
2022/03/09
Committee: AFET
Amendment 246 #

2021/2250(INI)

10. Asserts thatCondemns the continued prosecution, censorship and harassment of journalists and independent media remains an issue of concerin Turkey; is concerned as well by the targeting of journalists and opponents in the European Union, as was the case of Turkish journalist Erk Acarer in Berlin;
2022/03/09
Committee: AFET
Amendment 249 #

2021/2250(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Is worried by the increasing number of fake news in Turkish social media environment; is also worried by the spread of state propaganda, in particular from the state-run news agency Anadolu;
2022/03/09
Committee: AFET
Amendment 257 #

2021/2250(INI)

Motion for a resolution
Paragraph 11
11. Takes note of the adoption of the fourth and fifth judicial packages in Turkey during 2021; asserts, however, that the current problems stem not only from problematic legislation, but are often caused by a failure to implement existing adequate provisions; remains concerned about the continuing erosion of the rule of law and judicial independence in Turkey;
2022/03/09
Committee: AFET
Amendment 272 #

2021/2250(INI)

Motion for a resolution
Paragraph 13
13. Regrets the sustained pressurelegal and administrative pressure by the Turkish government on civil society and, human rights defenders, lawyers, journalists, academics, ethnic and religious minorities and numerous Turkish citizens and the continuously shrinking space to operate freely in Turkey;
2022/03/09
Committee: AFET
Amendment 285 #

2021/2250(INI)

Motion for a resolution
Paragraph 14
14. Continues to urge the Turkish Government to release Osman Kavala after more than four years of unlawful and illegitimate detention; reiterates its call on the Turkish authorities to abide by the final judgment of the European Court of Human Rights in this case;
2022/03/09
Committee: AFET
Amendment 299 #

2021/2250(INI)

Motion for a resolution
Paragraph 15
15. Expresses deep concern about the state-sponsored deterioration in the human rights situation for LGBTI people, in particular with regard to physical attackhate crimes – especially against transgender persons –, the protracted bans on Pride marches across the country, restrictions on the freedoms of assembly, association and expression, and censorship in the media; and online; recalls the need to adopt measures to ensure all citizens can enjoy these freedom safely; calls on authorities to align its criminal legislation concerning homophobic and transphobic hate crime with ECRI’s General Policy Recommendation 7,1aas requested by ECRI in its 2019 conclusions1b; urges authorities to lift the protracted bans on Pride events; _________________ 1a ECRI General Policy Recommendation No. 7 on National Legislation to Combat Racism and Racial Discrimination, accessible at https://rm.coe.int/ecri- general-policy-recommendation-no-7- revised-on-national-legislatio/16808b5aae 1b ECRI country monitoring conclusions on Turkey, accessible at https://rm.coe.int/interim-follow-up- conclusions-on-turkey-5th-monitoring- cycle-/168094ce03
2022/03/09
Committee: AFET
Amendment 301 #

2021/2250(INI)

Motion for a resolution
Paragraph 15
15. Expresses deep concern about the deterioration in the human rights situation for LGBTI people, in particular with regard to physical attacks – especially against transgender persons – the protracted bans on Pride marches across the country, restrictions on the freedoms of assembly, association and expression, and censorship in the media and urges the Turkish government to protect their equal and legal rights;
2022/03/09
Committee: AFET
Amendment 303 #

2021/2250(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Notes with concern the increasing hate speech and smear campaigns by high-ranking central government and public officials against LGBTI persons; considers that this constitutes a worrying trend and a powerful enabler of increased harassment, discrimination and potential violence; recalls that Turkey’s obligations under the ECHR entail a responsibility to combat discrimination and violence against LGBTI persons and urges authorities to deliver on their commitments;
2022/03/09
Committee: AFET
Amendment 308 #

2021/2250(INI)

Motion for a resolution
Paragraph 15 b (new)
15 b. Highlights the pattern of use of judicial proceedings to silence human rights defenders, NGOs and lawyers and to curtail activism, in particular LGBTI rights defenders;1a notes the examples of the criminal investigations against the Istanbul, Ankara and Diyarbakir bar associations and the case of the participants in the 2019 METU Pride; welcomes the acquittal of the latter; calls on Turkey to drop all charges against peaceful participants of LGBTI events; _________________ 1a Letter of the Commissioner for Human Rights of the Council of Europe of 17 June 2021 concerning the human rights of LGBTI people, accessible at https://rm.coe.int/letter-to-mr-suleyman- soylu-minister-of-interior-and-mr- abdulhamit-gul/1680a2e486
2022/03/09
Committee: AFET
Amendment 310 #

2021/2250(INI)

Motion for a resolution
Paragraph 15 c (new)
15 c. Condemns the continuous repression on academic institutions, in particular Boğaziçi University and the university’s professors and students; welcomes the statement by the EEAS, which recalled that the COVID-19 pandemic cannot be used as a means to silence critical voices and which condemned the hate speech by high-level officials against LGBTI students;1a _________________ 1a EEAS, “Turkey: Statement by the Spokesperson on the detentions of students and developments around Boğaziçi university", accessible at https://eeas.europa.eu/headquarters/head quarters-homepage/92622/turkey- statement-spokesperson-detentions- students-and-developments-around- boğaziçi-university_en
2022/03/09
Committee: AFET
Amendment 312 #

2021/2250(INI)

Motion for a resolution
Paragraph 16
16. Is deeply concerned about the constant attacks, imprisonment of members of the opposition and pressure on the opposition parties, particularly the HDP and the Republican People’s Party (CHP), which undermine the proper functioning of the democratic system; stresses that democracy presupposes an environment in which political parties, civil society and the media can function without threats or arbitrary restrictions;
2022/03/09
Committee: AFET
Amendment 321 #

2021/2250(INI)

Motion for a resolution
Paragraph 17
17. Notes with great concern that the HDP, its elected mayors and its party organisations have been specifically and continuously targeted by the Turkish authorities, leading to a situation where over 4 000 HDP members are currently in prison; continues to strongly condemn the continued detention since November 2016 of Selahattin Demirtaş and Figen Yüksekdağ, the former co-chairs of the HDP;
2022/03/09
Committee: AFET
Amendment 339 #

2021/2250(INI)

Motion for a resolution
Paragraph 19
19. Recognises that Turkey has legitimate security concerns and the right to fight terrorism; stresses, nevertheless, that this must be done with full respect for the rule of law, human rights and fundamental freedoms; reiterates its firm and unambiguous condemnation of the violent terrorist attacks by ISIS and the Kurdistan Workers’ Party (PKK), which has been on the EU list of terrorist organisations since 2002;
2022/03/09
Committee: AFET
Amendment 350 #

2021/2250(INI)

Motion for a resolution
Paragraph 20
20. Calls on Turkey to abide by a zero- tolerance policy on torture and to duly investigate persistent and credible reports of torture, ill-treatment and inhumane or degrading treatment in detention, interrogation or custody, in order to put an end to impunity and hold those responsible to account;
2022/03/09
Committee: AFET
Amendment 381 #

2021/2250(INI)

Motion for a resolution
Paragraph 21
21. Commends the efforts made by Turkey to continue hosting the largest refugee population in the world of almost 4 million registered refugees; welcomes, in this regard, the continued provision of EU funding for refugees and host communities in Turkey, and expresses its commitment to sustain this support in the future; recognizes the migratory pressure Turkey is facing, however firmly objects to any instrumentalisation of migrants by the Turkish government;
2022/03/09
Committee: AFET
Amendment 415 #

2021/2250(INI)

Motion for a resolution
Paragraph 22
22. Acknowledges that Turkey can pursue its own foreign policy in line with its interests and goals, but expects this policy to be defended through diplomacy and dialogue based on international law and, as a candidate country, to be increasingly aligned with that of the EU; deplores that Turkey's foreign policy alignment rate with EU foreign policy is a meagre 14%; believes that increased EU- Turkey cooperation can be achieved on multiple foreign policy areas such as on Ukraine and Afghanistan;
2022/03/09
Committee: AFET
Amendment 428 #

2021/2250(INI)

Motion for a resolution
Paragraph 22 a (new)
22 a. Reaffirms its call expressed in its resolution of 15 April 2015 and once again encourages Turkey’s government to recognise the Armenian Genocide, thus paving the way for a genuine reconciliation between the Turkish and Armenian peoples; welcomes, in this regard, the recent intensified diplomatic exchanges and growing interaction between the Turkish and Armenian governments;
2022/03/09
Committee: AFET
Amendment 453 #

2021/2250(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Calls on Turkey to remain committed to the peaceful resolution of the conflict in Libya under the auspices of the UN, to fully adhere to the arms embargo imposed by the UN Security Council and to not obstruct EU and NATO missions mandated to enforce the UN arms embargo on Libya;
2022/03/09
Committee: AFET
Amendment 470 #

2021/2250(INI)

Motion for a resolution
Paragraph 24
24. Deplores the fact that the unresolved conflict in Cyprus is a major obstacle to EU-Turkey relations; reaffirms its view that the only sustainable solution to the Cyprus issue is that of a fair, comprehensive and viable settlement on the basis of a bi-communal, bi-zonal federation with a single international legal personality and political equality, in accordance with international law and on the basis of respect for the principles on which the Union is founded; deeply regrets that Turkey’s government has abandoned this UN framework by unilaterally opening up the town of Varosha, in violation of UNSC resolutions;
2022/03/09
Committee: AFET
Amendment 471 #

2021/2250(INI)

Motion for a resolution
Paragraph 24
24. Deplores the factRecalls that the unresolved conflict in Cyprus is a major obstacle to EU-Turkey relations; strongly reaffirms its view that the only sustainable solution to the Cyprus issue is that of a fair, comprehensive and viable settlement on the basis of a bi-communal, bi-zonal federation with a single international legal personality and political equality, in accordance with international law and on the basis of respect for the principles on which the Union is founded; deeply regorets that Turkey has abandoned this UN framework;
2022/03/09
Committee: AFET
Amendment 482 #

2021/2250(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Recognizes the importance of a well-functioning NATO; deplores in this regard Turkey’s unilateral actions undermining NATO by purchasing Russian S-400 missiles; calls on the Turkish government to overcome these tensions by halting actions that go against the collective interests of the alliance;
2022/03/09
Committee: AFET
Amendment 496 #

2021/2250(INI)

Motion for a resolution
Paragraph 24 b (new)
24 b. Calls on the EEAS StratCom divisions to document suspicions of Turkish disinformation directed at the EU, particularly in the Balkans and the MENA region and to report its findings to the European Parliament;
2022/03/09
Committee: AFET
Amendment 503 #

2021/2250(INI)

Motion for a resolution
Paragraph 24 c (new)
24 c. Is concerned by the attempts of the Turkish Government to influence members of the Turkish diaspora in the EU, in particular via the Presidency for Turks Abroad and Related Communities (YTB), in order to interfere with EU democratic processes;
2022/03/09
Committee: AFET
Amendment 506 #

2021/2250(INI)

Motion for a resolution
Paragraph 24 d (new)
24 d. Encourages once again Turkey to recognise the Armenian Genocide, thus paving the way for a genuine reconciliation between the Turkish and Armenian peoples; calls on Turkey, in this regard, to refrain from any anti- Armenian propaganda and hate speech, and to fully respect its obligations to protect Armenian and other cultural heritage;
2022/03/09
Committee: AFET
Amendment 513 #

2021/2250(INI)

Motion for a resolution
Paragraph 25
25. Insists that democracy, the rule of law and fundamental rights should remain at the heart of EU-Turkey relations under any framework; reaffirms its support for kconcludes that Turkey has drifted unbridgeably far away from meepting the accession process and its value-based approach as the main frameworkCopenhagen criteria, with no positive change foreseen on the short and/or midterm; calls therefore for the accession negotiations with Turkey to be formally suspended; notes however, that an EU membership perspective for EU-Turkey relations, as it is still the most powerful tool to exercise normative pressure and sustain the democratic and pro-European aspirations of Turkish society; nevertheless remains open to the possibility of both sides reviewing, in a realistic manner, the appropriateness of this framework and its ability to function, or, if necessary, exploring other possible models for future relationwill remain possible, as laid down in Article 49 of the Treaty on European Union; calls instead for the creation of new momentum and structures to break the current deadlock and to move forward towards a closer, more dynamic and strategic, unique partnership that works beneficially for both parties by modernizing and enhancing the current Association Agreement as the main framework, based on specific benchmarks related to good neighbourly relations and respect for democratic principles, rule of law, human rights and fundamental freedoms;
2022/03/09
Committee: AFET
Amendment 536 #

2021/2250(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Calls on the Commission for full transparency and accuracy in the allocation of funds under the successor of the FRT and requests that it ensures that these funds are primarily given directly to the refugees and host communities and are managed by organisations that guarantee accountability and transparency;
2022/03/09
Committee: AFET
Amendment 551 #

2021/2250(INI)

Motion for a resolution
Paragraph 27
27. Notes that the varying priorities of the EU institutions set out in the existing frameworks governing EU-Turkey relations make it very difficult to find an effective way to move forward; deplores the lack of a long-term strategy, a coherent policy and consistent leadership towards Turkey in the EU and among all its institutions; calls on the EEAS to intensify transatlantic dialogue and cooperation with the Biden administration as regards to its relations with Turkey;
2022/03/09
Committee: AFET
Amendment 558 #

2021/2250(INI)

Motion for a resolution
Paragraph 27 a (new)
27 a. Welcomes the meeting in March 2022 of the EU-Turkey Joint Parliamentary Committee and expresses in this regard the hope that the continued functioning of the EU-Turkey Joint Parliamentary Committee shall be restored;
2022/03/09
Committee: AFET
Amendment 561 #

2021/2250(INI)

Motion for a resolution
Paragraph 27 b (new)
27 b. Calls for the mutually beneficial modernisation of the Customs Union, accompanied with an effective and efficient dispute settlement mechanism;
2022/03/09
Committee: AFET
Amendment 30 #

2021/2246(INI)

Motion for a resolution
Recital D
D. whereas Kosovo has not been granted visa liberalisation, although all benchmarks have been fulfilled since 2018;
2022/04/29
Committee: AFET
Amendment 67 #

2021/2246(INI)

Motion for a resolution
Paragraph 5
5. Reiterates its call on the Council to proceed urgently with the adoption of a visa-free regime for the citizens of Kosovo;deleted
2022/04/29
Committee: AFET
Amendment 14 #

2021/2231(INI)

Motion for a resolution
Citation 7 a (new)
— having regard to the European Convention on Human Rights (‘ECHR’),
2022/11/17
Committee: AFET
Amendment 15 #

2021/2231(INI)

Motion for a resolution
Citation 8
— having regard to the reports of the European Commission against Racism and Intolerance (ECRI) of the Council of Europe, notably the 2016 country monitoring report on Azerbaijan,1a _________________ 1a https://rm.coe.int/fourth-report-on- azerbaijan/16808b5581
2022/11/17
Committee: AFET
Amendment 16 #

2021/2231(INI)

Motion for a resolution
Citation 8 a (new)
— having regard to the report of the Parliamentary Assembly of the Council of Europe ('PACE’) titled ‘Alleged violations of the rights of LGBTI people in the Southern Caucasus’,1a _________________ 1a https://pace.coe.int/en/files/29711/html
2022/11/17
Committee: AFET
Amendment 18 #

2021/2231(INI)

Motion for a resolution
Citation 8 b (new)
— having regard to the report of the Commissioner for Human Rights of the Council of Europe following her visit to Azerbaijan from 8 to 12 July 2019,1a _________________ 1a https://rm.coe.int/report-on-the-visit-to- azerbaijan-from-8-to-12-july-2019-by- dunja-mija/168098e108
2022/11/17
Committee: AFET
Amendment 88 #

2021/2231(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas the EU and Azerbaijan have jointly agreed, through the 1996 Partnership and Cooperation Agreement, on the general principle of respect for democracy, principles of international law and human rights; whereas the parties foresaw to cooperate on the respect and promotion of human rights particularly to those belonging to minorities;
2022/11/17
Committee: AFET
Amendment 96 #

2021/2231(INI)

Motion for a resolution
Recital H c (new)
Hc. whereas hate speech and hate crime against LGBTIQ persons in Azerbaijan persist, often perpetrated by religious or political actors, leading to continued violation of their human rights; whereas in February 2022, Avaz Hafizli, a journalist and LGBTIQ human rights activist, was murdered by a family member, which spurred indignation on social media vis-à-vis the government’s poor track record of fighting against hate crime;1a whereas this is only one of the many examples of hate crimes, which due to lack of trust in law enforcement and their inaction, usually go unreported and unsanctioned; _________________ 1a https://globalvoices.org/2022/02/24/azerba ijani-journalist-and-queer-activist- murdered/
2022/11/17
Committee: AFET
Amendment 98 #

2021/2231(INI)

Motion for a resolution
Recital H d (new)
Hd. whereas PACE adopted in 2022 a resolution on violations of the rights of LGBTI persons in the Southern Caucasus and has made a number of requests to authorities to reform legislation in order to address such violations; whereas the PACE recommendations reflect the 2016 ECRI findings, which had noted an inexistence of data on LGBTI persons and their living conditions and that hate speech against them was widespread; whereas ECRI encouraged the government to develop an LGBTI Action Plan in order to raise awareness and promote understanding for equal treatment;
2022/11/17
Committee: AFET
Amendment 262 #

2021/2231(INI)

Motion for a resolution
Paragraph 16
16. CRecalls that the 1996 Partnership and Cooperation Agreement is predicated on respect for democracy, principles of international law and human rights, and that the former have not been systematically upheld in Azerbaijan; calls on EU institutions to ensure that any deepening of relations between the EU and Azerbaijan remains conditional on the country making substantial progress on respect for the core values and principles of democracy, human rights and fundamental freedoms;
2022/11/17
Committee: AFET
Amendment 278 #

2021/2231(INI)

Motion for a resolution
Paragraph 17
17. Deeply regrets the current state of press freedom in Azerbaijan; expresses its concern at the new law on media adopted in December 2021; calls for a swift review of that law in accordance with the recommendations included in the opinion of the Venice Commission of 17-18 June 2022; urges Azerbaijan to stop persecuting bloggers and, journalists and rights defenders;
2022/11/17
Committee: AFET
Amendment 309 #

2021/2231(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Recalls that the European Parliament’s position has been clear on non-discrimination with regard to LGBTIQ people, their protection against discrimination in law and practice, and the prosecution of all acts of abuse, hate speech and physical violence perpetrated against them;1a _________________ 1a Texts adopted: P9_TA(2020)0167
2022/11/17
Committee: AFET
Amendment 312 #

2021/2231(INI)

Motion for a resolution
Paragraph 20 b (new)
20b. Urges Azerbaijani authorities to adopt anti-discrimination legislation adding sexual orientation, gender identity and expression and sex characteristics as prohibited grounds, alongside the adoption of civil, administrative and/or criminal proceedings to protect people from hate speech and hate crimes; calls on authorities to reform criminal legislation by adding the previous grounds as aggravating circumstances and to combat LGBTIQ-phobic violence;
2022/11/17
Committee: AFET
Amendment 318 #

2021/2231(INI)

Motion for a resolution
Paragraph 20 c (new)
20c. Reiterates the call by PACE on the authorities of Azerbaijan to investigate cases of wrongful arrest of LGBTIQ people and prevent and combat police violence against these people;
2022/11/17
Committee: AFET
Amendment 4 #

2021/2230(INI)

Motion for a resolution
Citation 7 a (new)
— having regard to the European Convention on Human Rights (‘ECHR’),
2022/11/24
Committee: AFET
Amendment 6 #

2021/2230(INI)

Motion for a resolution
Citation 8
— having regard to the reports of the European Commission against Racism and Intolerance (ECRI) of the Council of Europe, notably the 2016 country monitoring report on Armenia1a and its adopted 2019 conclusions on the adoption of the recommendations,1b _________________ 1a https://rm.coe.int/fourth-report-on- armenia/16808b5539 1b https://rm.coe.int/conclusions-5th- cycle-on-armenia/1680972faa
2022/11/24
Committee: AFET
Amendment 8 #

2021/2230(INI)

Motion for a resolution
Citation 8 a (new)
— having regard to the report of the Parliamentary Assembly of the Council of Europe ('PACE’) titled ‘Alleged violations of the rights of LGBTI people in the Southern Caucasus,1a _________________ 1a https://pace.coe.int/en/files/29711/html
2022/11/24
Committee: AFET
Amendment 9 #

2021/2230(INI)

Motion for a resolution
Citation 8 b (new)
— having regard to the report of the Commissioner for Human Rights of the Council of Europe following her visit to Armenia from 16 to 20 September 2018,1a _________________ 1a https://rm.coe.int/report-on-the-visit-to- armenia-from-16-to-20-september-2018- by-dunja-m/168091f9d5
2022/11/24
Committee: AFET
Amendment 58 #

2021/2230(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas the defence of human rights and fundamental freedoms, including through the respect of the United Nations Charter, the Universal Declaration of Human Rights and the European Convention of Human Rights, is a crucial tenet of the Comprehensive and Enhanced Partnership Agreement between the EU and Armenia ('CEPA');
2022/11/24
Committee: AFET
Amendment 60 #

2021/2230(INI)

Motion for a resolution
Recital E b (new)
Eb. whereas, on the evening of October 20, a young gay couple aged 16 and 21 committed double suicide owing to the pervasive discrimination in Armenian society, largely as a result of inaction on anti-discrimination and equality initiatives by the governments over the years; whereas hate speech spread on social media and messaging apps thereafter with impunity, fuelling existing discrimination towards LGBTIQ persons; whereas attacks recently took place against transgender human rights defender “Right Side” NGO in social media, spreading false information, inciting to hatred and issuing death threats to its founder, trans human rights defender Lilit Martirosyan1a; whereas violent attacks against trans women repeatedly took place since summer 2022, including an incident in July 2022 in Yerevan where the perpetrator livestreamed the attack on social media, receiving positive praise; _________________ 1a http://rightsidengo.com/news/a- number-of-forces-want-to-involve-lilit- martirosyan-in-various-political- discussions-by-spreading-false-and- discriminatory-information-about-her- that-endangers-her-life-and-activism/
2022/11/24
Committee: AFET
Amendment 65 #

2021/2230(INI)

Motion for a resolution
Recital E d (new)
Ed. whereas PACE adopted in 2022 a resolution on violations of the rights of LGBTI persons in the Southern Caucasus and made several calls to authorities to reform legislation in order to address them; whereas the recommendations reflect the 2016 ECRI findings; whereas already in 2019 ECRI had concluded that its recommendations had not been addressed sufficiently, including that none of the relevant provisions of the new Criminal Code had been adopted; whereas the lack of response of the government to international bodies’ recommendations is alarming;
2022/11/24
Committee: AFET
Amendment 67 #

2021/2230(INI)

Motion for a resolution
Recital E e (new)
Ee. whereas the European Court of Human Rights recognized in its judgement on Cases 1367/12 and 72961/12 (Ogazenova v Armenia) that criminal law measures are required with respect to hate speech, notably on grounds of sexual orientation and sexual life; whereas domestic law currently prohibits hate speech, yet sexual orientation and gender identity continue not to be included in the characteristics of victims of the offence despite the recommendations of the relevant international bodies in that respect;1a _________________ 1a ECtHR, Cases 1367/12 and 72961/12 (Ogazenova v Armenia), ¶121-122
2022/11/24
Committee: AFET
Amendment 219 #

2021/2230(INI)

Motion for a resolution
Paragraph 16
16. UHighlights that Article 1 of CEPA includes as an objective to enhance cooperation in the area of freedom, security and justice with the aim of reinforcing the rule of law and respect for human rights and fundamental freedoms; underlines the importance of media freedom, anti-discrimination, freedom of expression and freedom of assembly for preserving a vibrant democracy; is concerned by the pervasive presence of discrimination, disinformation and harsh rhetoric; , as well as hate speech towards certain social groups; urges authorities to categorically uphold all human rights enshrined in the ECHR, notably when they concern vulnerable groups such as women, children, persons with disabilities and LGBTIQ persons1a; _________________ 1a Referring to Commissioner’s for Human Rights country reporting on Armenia: https://www.coe.int/en/web/commissioner/ -/report-on-armenia-recommends- measures-to-improve-women-s-rights- protection-of-disadvantaged-or- vulnerable-groups-and-establishing- accountability-for-p
2022/11/24
Committee: AFET
Amendment 232 #

2021/2230(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Considers that LGBTIQ persons are in dire need of protection; calls for the adoption of anti-discrimination legislation adding sexual orientation, gender identity and expression and sex characteristics as prohibited grounds, alongside the adoption of civil, administrative and/or criminal proceedings to protect people from hate speech and hate crimes; calls on authorities to reform criminal legislation by adding the previous grounds as aggravating circumstances; urges Armenia to stop considering homosexuality as a mental illness1a; _________________ 1ahttps://pace.coe.int/en/files/29711/html ¶10-11
2022/11/24
Committee: AFET
Amendment 16 #

2021/2182(INI)

Motion for a resolution
Recital B
B. whereas recent international developments and challenges, including the COVID-19 pandemic, hybrid attacks against the EU Member States by instrumentalizing migrants and the recent rapid collapse of the state structures of Afghanistan, have accelerated existing trends affecting key aspects of the EU’s CFSP;
2021/10/28
Committee: AFET
Amendment 18 #

2021/2182(INI)

Motion for a resolution
Recital B
B. whereas recent international developments and challenges, including the COVID-19 pandemic, a changing role of the US on the global stage and the recent rapid collapse of the state structures ofin Afghanistan and subsequent takeover of the country by the Taliban, have accelerated existing trends affecting key aspects of the EU’s CFSP;
2021/10/28
Committee: AFET
Amendment 20 #

2021/2182(INI)

Motion for a resolution
Recital B
B. whereas recent international developments and challenges, including the COVID-19 pandemic and the recent rapid collapse of the state structures of Afghanistan, and Belarusian continuous breach of international law, have accelerated existing trends affecting key aspects of the EU’s CFSP;
2021/10/28
Committee: AFET
Amendment 28 #

2021/2182(INI)

Motion for a resolution
Recital B a (new)
B a. whereas the detrimental impact of climate change on the security of the EU is becoming increasingly clear;
2021/10/28
Committee: AFET
Amendment 35 #

2021/2182(INI)

Motion for a resolution
Recital C
C. whereas the EU needs to act on the global stage with a common strategic culture to develop its leadership role and to actively push for the revitalisation of multilateralism guided by its democratic values, social fairness and itsrevive multilateralism guided by European values of democracy and rule of law, respect for individual freedoms and human rights, and a vision for a sustainable future;
2021/10/28
Committee: AFET
Amendment 38 #

2021/2182(INI)

Motion for a resolution
Recital C
C. whereas the EU needs to act on the global stage with a common strategic culture to develop its leadership role and to actively push for the revitalisation of multilateralism guided by its democratic values and freedoms, social fairness and its vision for a sustainable future;
2021/10/28
Committee: AFET
Amendment 89 #

2021/2182(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the EU’s growing ambition and initiatives to take the lead in promotinge global partnerships on key priorities and in strengthening the multilateral order through a reform of key institutions and organisations and strengthen multilateralism by making better use of existing mechanisms and institutions for global governance as well as introducing necessary reforms in key international organisations;
2021/10/28
Committee: AFET
Amendment 101 #

2021/2182(INI)

Motion for a resolution
Paragraph 3
3. Calls for the EU to promote an alliances of democracies worldwide; insists on the need to pool resources and exchange best practices between democracies, including as regards countering malign interference and disinformation by authoritarian states and organisationhostile non-state actors; believes that, for this to be successful, the EU should promote on the global stage a whole-of-government and whole-of-society approach to counter hybrid threats; expresses in this regard its full support to the Summits for Democracy to be hosted by the US, focussing on concrete actions to defend universal human rights, prevent democratic backsliding and fight corruption;
2021/10/28
Committee: AFET
Amendment 106 #

2021/2182(INI)

Motion for a resolution
Paragraph 3
3. Calls for the EU to promote alliances of democracies worldwide; insists on the need to pool resources and exchange best practices between democracies, including as regards countering malign interference and disinformation by authoritarian states, foreign malign actors and organisations; believes that, for this to be successful, the EU should promote on the global stage a whole-of-government and whole-of-society approach to counter hybrid threats;
2021/10/28
Committee: AFET
Amendment 107 #

2021/2182(INI)

Motion for a resolution
Paragraph 3
3. Calls for the EU to promote alliances of democracies worldwide; insists on the need to pool resources and exchange best practices between democracies, including as regards countering malign interference and disinformation by authoritarian states and organisationtheir proxies; believes that, for this to be successful, the EU should promote on the global stage a whole-of-government and whole-of-society approach to counter hybrid threats;
2021/10/28
Committee: AFET
Amendment 113 #

2021/2182(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Emphasizes that the EU needs to increase the visibility of its actions if it aims to assume a global leadership role, including by ensuring a better, more strategic communication of its external actions, both towards its own citizens and beyond, and by countering false propaganda and disinformation spread by other major powers;
2021/10/28
Committee: AFET
Amendment 114 #

2021/2182(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Encourages the EU to develop shared strategies with like-minded, democratic partners in order to counter rising authoritarian hybrid threats;
2021/10/28
Committee: AFET
Amendment 123 #

2021/2182(INI)

Motion for a resolution
Paragraph 4
4. Encourages the EU to further develop its leadership role in the defence and promotion of human rights in multilateral forums, and in particular the UN; believes that the EU should ensure an effective use of the EU Global Human Rights Sanctions Regime (EU Magnitsky Act), including the development of a complementary EU anti- corruption sanctions regimeby extending its scope to corruption-related offences, and better enforce the human rights provisions of the international agreements it has concluded;
2021/10/28
Committee: AFET
Amendment 151 #

2021/2182(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the EU’s efforts as a global frontrunner in the fight against climate change and urges the Commission and the European External Action Service (EEAS) to propose new initiatives such as the internationalisation of the European Green Deal; believeexpects that the implementation of the European Green Deal will have significant geopolitical consequences and will positively influence the EU’s relations with some of its partners;
2021/10/28
Committee: AFET
Amendment 164 #

2021/2182(INI)

Motion for a resolution
Paragraph 8
8. Urges the EU to develop global partnerships for the establishment of norms and standards on a rules-based, ethical use of technologies, in particular as regards artificial intelligence, and to ensure cooperation and coordination among democracies in this respect;
2021/10/28
Committee: AFET
Amendment 166 #

2021/2182(INI)

Motion for a resolution
Paragraph 8
8. Urges the EU to develop global partnerships for the establishment of norms and standards on a rules-based, ethical and human-centric use of technologies, in particular as regards artificial intelligence;
2021/10/28
Committee: AFET
Amendment 175 #

2021/2182(INI)

Motion for a resolution
Paragraph 9
9. Reiterates that the EU should develop a global connectivity strategy as an extension of the current EU-Asia Connectivity Strategy and as a strategic response to overcome its diminishing influence in many regions of the world; stresses that the Commission should make connectivity projects with third countries conditional upon the ethical use of technology and the respect for human rights and liberties, both domestically and abroad; welcomes the Commission President’s announcement of plans to present a new connectivity strategy called the ‘Global Gateway’;
2021/10/28
Committee: AFET
Amendment 176 #

2021/2182(INI)

Motion for a resolution
Paragraph 9
9. Reiterates that the EU should develop a global connectivity strategy as an extension of the current EU-Asia Connectivity Strategy and as a strategic response to overcome its diminishingstrengthen its influence in many regions of the world; stresses that the Commission should make connectivity projects with third countries conditional upon the ethical use of technology both domestically and abroad; welcomes the Commission President’s announcement of plans to present a new connectivity strategy called the ‘Global Gateway’;
2021/10/28
Committee: AFET
Amendment 182 #

2021/2182(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the G7 global initiative ‘Build Back Better World’ and urges the EU to play an active role in developing it further, including by identifying linkages with its “Global Gateway” strategy;
2021/10/28
Committee: AFET
Amendment 185 #

2021/2182(INI)

Motion for a resolution
Subheading 2
Improving EU visibility, decision-making and making full use of the EU’s hard and soft powers
2021/10/28
Committee: AFET
Amendment 190 #

2021/2182(INI)

Motion for a resolution
Paragraph 11
11. Reiterates that the EU needs first and foremost a stronger and genuine political will and commitment from of its Member States to jointly agree on and promote common EU foreign policy goals and, notably through greater EU security and defence cooperation;
2021/10/28
Committee: AFET
Amendment 200 #

2021/2182(INI)

Motion for a resolution
Paragraph 12
12. Highlights the need for the EU to strengthen its ability to act efficiently and to shape the EU’s response to ongoing and upcoming challenges; therefore welcomes the ongoing Strategic Compass process as the starting point for making process towards a European Defence Union and for the strategic autonomy of the EU as regards its security and defence, as well as for the development of a common strategic culture and expects that it will help shape a shared vision for EU security and defence; stresses that the outcome should be reflected in a revised version of the 2016 EU Global Strategy;
2021/10/28
Committee: AFET
Amendment 206 #

2021/2182(INI)

Motion for a resolution
Paragraph 12
12. Highlights the need for the EU to strengthen its ability to act efficiently and to shape the EU’s response to ongoing and upcoming challenges; therefore welcomes the ongoing Strategic Compass process as the starting point for the development of a common strategic culture and expects that it will help shape a shared vision for EU security and defence; stresses that the outcome should be reflected in a revisformed version of the 2016 EU Global Strategy;
2021/10/28
Committee: AFET
Amendment 207 #

2021/2182(INI)

Motion for a resolution
Paragraph 12
12. Highlights the need for the EU to strengthen its ability to act efficiently and to shape the EU’stake timely and effective action in response to ongoing and upcoming challenges; therefore welcomes the ongoing Strategic Compass process as the starting point for the developmentemergence of a common strategic culture and expects that it will help shape a shared vision for EU security and defence; stresses that the outcome should be reflected in a revised version of the 2016 EU Global Strategy;
2021/10/28
Committee: AFET
Amendment 227 #

2021/2182(INI)

Motion for a resolution
Paragraph 14
14. Reiterates its call for the establishment of new formats of cooperation such as the European Security Council; underscores the importance of creating a fully-fledged “Security and defence” committee in the European Parliament, highlights that such proposal would allow to better define the current subcommittee’s competencies and grant it the necessary powers for the European Parliament to fully exercise its mandate of oversight and scrutiny in the realm of security and defence policy; recalls that the ongoing Conference on the Future of Europe provides a relevant framework to shape innovative proposals in this respect;
2021/10/28
Committee: AFET
Amendment 237 #

2021/2182(INI)

Motion for a resolution
Paragraph 15
15. Stresses that a holistic approach to the CFSP requires the synergy of all available EU assets in the field of external action; in this respect, highlights the key role and comparative advantage of the European Parliament in the EU’s diplomacy notably through interparliamentary relations and the Parliament’s extensive engagement with civil society at large; calls on the Commission, the EEAS and the Member States to recognise Parliament as an integral part of ‘Team Europe’ and to reflect this in the operational structures;
2021/10/28
Committee: AFET
Amendment 278 #

2021/2182(INI)

Motion for a resolution
Paragraph 19
19. Stresses that EU sovereignty in the field of security and defence means the development, coordination and deployment of strategic capabilities required for effective crisis management, protection of the EU and its citizens, and training of key partners, an efficient division of labour between the Member States and other international organisations such as the UN and NATO and the EU’s ability to decide and act autonomously, in line with its own interests, principles and values; stresses that this approach reinforces cooperation with partners, in particular within the framework of NATO; welcomes in this regard the Commission President’s announcement of a Summit on European Defence under the French Presidency and that the EU and NATO will present a joint declaration on cooperation by the end of 2021; welcomes the discussion on an ‘initial entry force’ as presented by the VP/HR;
2021/10/28
Committee: AFET
Amendment 285 #

2021/2182(INI)

Motion for a resolution
Paragraph 19
19. Stresses that EU sovereignty in the field of security and defence means the development, coordination and deployment of strategic capabilities, an efficient division of labour, of development and of production capabilities between the Member States and the EU’s ability to decide and act autonomously, in line with its own interests, principles and values; stresses that this approach reinforces cooperation with partners, in particular within the framework of NATO; welcomes in this regard the Commission President’s announcement that the EU and NATO will present a joint declaration on cooperation by the end of 2021; welcomes the discussion on an ‘initial entry force’ as presented by the VP/HR;
2021/10/28
Committee: AFET
Amendment 289 #

2021/2182(INI)

19. Stresses that EU sovereignty in the field of security and defence means the development, coordination and deployment of strategic capabilities, an efficient division of labournhanced interoperability between the Member States and the EU’s ability to decide and act autonomously, in line with its own interests, principles and values; stresses that this approach reinforces cooperation with partners, in particular within the framework of NATO; welcomes in this regard the Commission President’s announcement that the EU and NATO will present a joint declaration on cooperation by the end of 2021; welcomes the discussion on an ‘initial entry force’ as presented by the VP/HR;
2021/10/28
Committee: AFET
Amendment 290 #

2021/2182(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Believes that regarding new threats facing Europe, such as economic coercion, the rise of disinformation and elections interference, Europe is better positioned and equipped to deal with them; underlines that this not only requires a strengthened European pillar within NATO, but also new and innovative solutions from the EU; calls upon Member States to together develop a new possibility for Member States to execute, on a voluntary basis, collective countermeasures as part of the Strategic Compass;
2021/10/28
Committee: AFET
Amendment 300 #

2021/2182(INI)

Motion for a resolution
Paragraph 20
20. Underlines the need for the Union to develop its technological sovereignty through the enhancedevelopment of industrial defence capabilitiesa strong European defence industry, in particular in emerging disruptive technologies (EDTs), and the protection and resilience of critical infrastructures; recalls the opportunities offered in this respect by existing instruments and mechanisms such as PESCO, EDF and CARD; calls on the Member States to use such instruments and mechanisms to their full extent;
2021/10/28
Committee: AFET
Amendment 306 #

2021/2182(INI)

Motion for a resolution
Paragraph 20
20. Underlines the need for the Union to develop its technological and digital sovereignty through the enhancement of industrial defence capabilities, in particular in emerging disruptive technologies (EDTs), and the protection and resilience of critical infrastructures;
2021/10/28
Committee: AFET
Amendment 310 #

2021/2182(INI)

Motion for a resolution
Paragraph 20 a (new)
20 a. Stresses the need to secure the undersea telecommunications infrastructure, especially submarine optic fibre cables;
2021/10/28
Committee: AFET
Amendment 325 #

2021/2182(INI)

Motion for a resolution
Paragraph 22
22. Reiterates its call for acceleratingCalls to strengthen efforts to build on the new methodology as regards the enlargement process, with a strong and continuous focus on strengthening democracy, the rule of law, fight against corruption and human rights, as well as fostering reconciliation in the Western Balkans, as prerequisites for durable stability and prosperity;
2021/10/28
Committee: AFET
Amendment 332 #

2021/2182(INI)

Motion for a resolution
Paragraph 22
22. Reiterates its call for accelerating the enlargement process, with a focus on strengthening democracy, the rule of law, and human rights, as well as fostering reconciliation in the Western Balkans, as prerequisites for durable stability and prosperity; underscores that progress along the enlargement process remains firmly conditioned upon the implementation of further reforms by candidate countries to comply with the accession criteria defined by the European Council; highlights, in light of a possible future enlargement, the need for more efficient decision-making at EU level;
2021/10/28
Committee: AFET
Amendment 335 #

2021/2182(INI)

Motion for a resolution
Paragraph 22
22. Reiterates its call for accelerating the enlargement process, with a focus on strengthening democracy, the rule of law, and human rights, as well as fostering reconciliation in the Western Balkans, as prerequisites for durable stability and prosperity; calls for the EU to support civil society in the Western Balkans in promoting and disseminating European values;
2021/10/28
Committee: AFET
Amendment 348 #

2021/2182(INI)

Motion for a resolution
Paragraph 24
24. Reaffirms its unwavering support to the Eastern Partnership countries, and in particular as regards their independence, sovereignty and territorial integrity within their internationally recognised borders as well as the respect for the will of the people; condemns Russia’s direct and indirect involvement in armed conflicts, occupations and military build-ups inside the region or on its borders with the region; urges the Eastern Partnership countries, and in particular those that have chosen to pursue the path of European integration, to ensure that fundamental freedoms are upheld and to continue implementing the necessary reforms; reiterates that the EU’s support is conditional upon concrete progress on those reforms;
2021/10/28
Committee: AFET
Amendment 349 #

2021/2182(INI)

Motion for a resolution
Paragraph 24
24. Reaffirms its unwavering support to the Eastern Partnership countries, and in particular as regards their independence, sovereignty and territorial integrity within their internationally recognised borders; condemns Russia’s direct and indirect involvement in armed conflicts as well as hybrid attacks, occupations and military build-ups inside the region or on its borders with the region; urges the Eastern Partnership countries, and in particular those that have chosen to pursue the path of European integration, to ensure that fundamental freedoms are upheld and to continue implementing the necessary reforms; reiterates that the EU’s support is conditional upon concrete progress on those reforms;
2021/10/28
Committee: AFET
Amendment 351 #

2021/2182(INI)

Motion for a resolution
Paragraph 24
24. Reaffirms its unwavering support to the Eastern Partnership countries, and in particular as regards their independence, sovereignty and territorial integrity within their internationally recognised borders; condemns Russia’s direct and indirect involvement in armed conflicts, occupations and military build-ups inside the region or on its borders with the region; supports the strengthening of cooperation between the EU and the Eastern Partnership countries in the field of security and defence, in particular the peaceful resolution of regional conflicts, addressing hybrid threats, cyber-attacks, disinformation and propaganda campaigns, third-party interference in democratic processes and increasing societal resilience; urges the Eastern Partnership countries, and in particular those that have chosen to pursue the path of European integration, to ensure that fundamental freedoms are upheld and to continue implementing the necessary reforms; reiterates that the EU’s support is conditional upon concrete progress on those reforms;
2021/10/28
Committee: AFET
Amendment 355 #

2021/2182(INI)

Motion for a resolution
Paragraph 24
24. Reaffirms its unwavering support to the Eastern Partnership countries, and in particular as regards their independence, sovereignty and territorial integrity within their internationally recognised borders; condemns Russia’s direct and indirect involvement in armed conflicts, occupations and military build-ups inside the region or on its borders with the region; underlines that the continuous threat in our proximity requires the physical presence of both the EU and NATO in the region; urges the Eastern Partnership countries, and in particular those that have chosen to pursue the path of European integration, to ensure that fundamental freedoms are upheld and to continue implementing the necessary reforms; reiterates that the EU’s support is conditional upon concrete progress on those reforms;
2021/10/28
Committee: AFET
Amendment 359 #

2021/2182(INI)

Motion for a resolution
Paragraph 24 b (new)
24 b. Reiterates its non-recognition of Aliaksandr Lukashenka as president of Belarus and highlights the importance of increased engagement with representatives of Belarusian civil society and democratic opposition; calls for more determined and effective sanctions against the Lukashenka regime; underscores the importance of the European Parliament’s Platform on the fight against impunity in Belarus and encourages the use of all available legal means to bring Lukashenka and members of his regime to justice; strongly condemns the Lukashenka regime’s hybrid attack against the EU Member States by instrumentalising migrants for political purposes and urges for further development of the preparedness of the EU and Member States to respond in accordance with EU law and international obligations;
2021/10/28
Committee: AFET
Amendment 368 #

2021/2182(INI)

Motion for a resolution
Paragraph 24 d (new)
24 d. Welcomes engagement of the President of the European Council in alleviating political crisis in Georgia; sees it as an act of EU leadership and calls for similar approach to crisis and conflict situations in the Eastern Partnership region and beyond; reiterates its call for a lasting settlement between Armenia and Azerbaijan on Nagorno-Karabakh;
2021/10/28
Committee: AFET
Amendment 369 #

2021/2182(INI)

Motion for a resolution
Paragraph 24 c (new)
24 c. Reiterates its condemnation of Russia’s aggressive policies vis-à-vis Ukraine, notably continuous financial and military support for armed formations in Donbas, illegal occupation of the Autonomous Republic of Crimea and the City of Sevastopol, blockade of the Azov Sea and military build-up at the eastern border of Ukraine and on the Crimean peninsula; welcomes the establishment of the International Crimean Platform; supports continuous assistance to Ukraine in its security sector and military reforms, including consideration to provide military training for Ukrainian officers; acknowledges the first meeting of the EU- Ukraine Cyber Dialogue;
2021/10/28
Committee: AFET
Amendment 381 #

2021/2182(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Reiterates its call to the Commission to present an EU action plan on impunity, with a specific chapter on Syria; stresses that this action plan should seek to better coordinate and harmonise Member States’ resources and efforts to prosecute war criminals in the EU;
2021/10/28
Committee: AFET
Amendment 387 #

2021/2182(INI)

Motion for a resolution
Paragraph 26
26. IRemains concerned by the Turkish Government’s increasingly assertive foreign policy, which is repeatedly putting the country at odds with the EU and, its individual Member States and with countries in its neighbourhood; deplores the long-deteriorating situation regarding human rights and democracy in Turkey; recalls, however, that Turkey will continue to be a country of key strategic interest for the EU and that engagement needs to continuebe intensified in a phased, proportionate and reversible manner, keeping the country as closely anchored to the EU as possiblewith a special focus on certain policy areas such as on climate change, anti-terrorism, migration, security and economy; concludes that momentarily the prospect of Turkey joining the EU is unrealistic; reiterates therefore its call on the Commission to recommend the formal suspension of accession negotiations with Turkey, in order for both sides to review in a realistic manner and through a structured and high-level dialogue, the appropriateness of the current framework and its ability to function, or to explore possible new and alternative comprehensive models for future relations;
2021/10/28
Committee: AFET
Amendment 399 #

2021/2182(INI)

Motion for a resolution
Paragraph 27
27. Underlines the importance of the full implementation of the EU-UK Withdrawal Agreement, including the Protocol on Ireland and Northern Ireland, as well as the Trade and Cooperation Agreement; welcomes steps towards the establishment of a Parliamentary Partnership Assembly for Members of the European Parliament and Members of the UK Parliament, as provided for by the agreement; hopes that foreign policy and security cooperation will beremains open to further developeding and strengthened in areas of commoning cooperation on foreign and security issues of shared concern;
2021/10/28
Committee: AFET
Amendment 407 #

2021/2182(INI)

Motion for a resolution
Paragraph 28
28. Underlines the need to strengthen EU-US transatlantic cooperation on the basis of an equal partnership; welcomes in this context the statement ‘Towards a renewed Transatlantic partnership’ from the EU-US summit 2021, which provides a good basis for an ambitious transatlantic agenda; fully supports and commits to pursuing synergies and shared foreign and security objectives by further deepening cooperation in the framework of the EU- US transatlantic dialogue; highlights that the EU should be prepe necessity to swiftly adapt to the changing role of the US on the global stage in order to safeguared to reflect on how to adapt to the changing role of the US on the global stageits vital interests, notably by becoming a credible geopolitical actor on the international stage, acting in cooperation with likeminded partners and allies first and foremost, yet also able and willing to do so autonomously when necessary;
2021/10/28
Committee: AFET
Amendment 409 #

2021/2182(INI)

Motion for a resolution
Paragraph 28
28. Underlines the need to strengthen EU-US transatlantic cooperation on the basis of an equal partnership; welcomes in this context the statement ‘Towards a renewed Transatlantic partnership’ from the EU-US summit 2021, which provides a good basis for an ambitious transatlantic agenda; fully supports and commits to pursuing synergies and shared foreign and security objectives by further deepening cooperation in the framework of the EU- US transatlantic dialogue; highlights that the EU should be prepared to reflect on how to adapt to the changing role of the US on the global stage;
2021/10/28
Committee: AFET
Amendment 427 #

2021/2182(INI)

Motion for a resolution
Paragraph 29
29. Emphasises that the EU’s relations with Africa are of utmost importance; welcomes the joint communication of the Commission and the VP/HR entitled ‘Towards a comprehensive strategy with Africa’3 ; insists on the need, in this perspective, to update the EU strategy in an integrated approach that can ensure security and development for achieving stability in the worrying situation in the Sahel, taking into account the developments observed during the year 2021; calls on the Commission and the VP/HR to deepen discussions with the EU’s African partners in order to prepare for a successful EU-African Union Summit; _________________ 3 JOIN(2020)0004.
2021/10/28
Committee: AFET
Amendment 433 #

2021/2182(INI)

Motion for a resolution
Paragraph 29 a (new)
29 a. Is deeply concerned by the growing instability in Sahel that affects the security and living conditions of countless civilians and has direct consequences on the European Union and its Member States;
2021/10/28
Committee: AFET
Amendment 434 #

2021/2182(INI)

Motion for a resolution
Paragraph 29 b (new)
29 b. Condemns the presence in Africa of private military militias such as Wagner Company acting in support of non-democratic states interests;
2021/10/28
Committee: AFET
Amendment 444 #

2021/2182(INI)

Motion for a resolution
Paragraph 30
30. Is gravely concerned by the developments in Russia and reiterates the EU’s interest in maintaining freedom, stability and peace on the European continent and beyond; believes that the EU should deter Russia from carrying out destabilising and subversive actions in Europe and from repressing its own citizens; underlines that closer coordination, cooperation and unity among the EU Member States are necessary in order to maintain a constructive dialogue with the Russian authorities based on the five guiding principles, which is only possible if both parties are genuinely interested in it; urges the EU to engage more closely with the people of Russia, including by developing a clearly defined ‘engagement’ objective, which should focus not only on traditional selective engagement with the Kremlin, but also on ‘strategic’ engagement with Russian civil society; calls on the Commission to closer coordinate its Russia strategy with Member States so that the EU presents a united front in the face of Russian threats;
2021/10/28
Committee: AFET
Amendment 445 #

2021/2182(INI)

Motion for a resolution
Paragraph 30
30. Is gravely concerned by the developments in Russia and reiterates the EU’s interest in maintaining freedom, stability and peace on the European continent and beyond; believes that the EU should deter Russia from carrying out destabilising and subversive actions in Europe, notably the Baltic States and Eastern Europe, and from repressing its own citizens; underlines that closer coordination, cooperation and unity among the EU Member States are necessary in order to maintain a constructive dialogue with the Russian authorities based on the five guiding principles, which is only possible if both parties are genuinely interested in it; urges the EU to engage more closely with the people of Russia, including by developing a clearly defined ‘engagement’ objective, which should focus not only on traditional selective engagement with the Kremlin, but also on ‘strategic’ engagement with Russian civil society;
2021/10/28
Committee: AFET
Amendment 451 #

2021/2182(INI)

Motion for a resolution
Paragraph 31
31. Stresses that the Arctic is of strategic and political importance to the EU and underlines the EU’s commitment to be a responsible actor, seeking the long-term sustainable and peaceful development of the region; is concerned, however, by the progressive and substantial Russian military build-up in the Arctic as well as by the impact of far-reaching Chinese projects and initiatives in the region; calls in this respect for closer attention to the first Arctic fibre cable, part of the nervous system of the internet, which has increasingly been the subject of international spying operations; calls on all stakeholders to respond to the very alarming effects and consequences of climate change in the Arctic;
2021/10/28
Committee: AFET
Amendment 453 #

2021/2182(INI)

Motion for a resolution
Paragraph 31
31. Stresses that the Arctic is of strategic and geopolitical importance to the EU and underlines the EU’s commitment to be a responsible actor, seeking the long- term sustainable and peaceful development of the region; is concerned, however, by the progressive and substantial Russian military build-up in the Arctic as well as by the impact of far-reaching Chinese development and infrastructure projects and initiatives in the region; calls on all stakeholders to respond to the very alarming effects and consequences of climate change in the Arctic;
2021/10/28
Committee: AFET
Amendment 461 #

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 consistherent EU-China strategy that unites all Member States and shapes relations with China in the interest of the EU as a wholean increasingly assertive and interventionist China in the interest of the EU as a whole; highlights in this respect the growing number of aggressive actions taken by China towards Taiwan, including repeated violations of Taiwanese airspace, China’s crackdown on Hong Kong’s freedoms, including through the imposition of a draconian national security law in 2020, as well as China’s encroachments on the freedom of navigation in the South China Sea; 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; _________________ 4 Texts adopted, P9_TA(2021)0382.
2021/10/28
Committee: AFET
Amendment 477 #

2021/2182(INI)

Motion for a resolution
Paragraph 33
33. Welcomes the Commission President’s announcement of plans to present a new joint communication on a partnership with the Gulf region; calls for the EU to present a coherent strategy for balanced EU engagement in the region, with the promotion of regional security and cooperation as awell as human rights as key strategic objectives; reiterates that the EU’s priority is to revive the Joint Comprehensive Plan of Action (JCPOA) as a matter of security for Europe and the region and the only way to stop Iran’s worrying nuclear activities; ; recalls that the JCPOA remains the most effective instrument to stop Iran’s nuclear programme and stabilise the region; calls on the United States and Iran to pursue meaningful negotiations with a view of returning to compliance with the JCPOA; calls however, in the case of continued non-engagement and stalling by Iran in the JCPOA negotiations, on the EU and its Member States to consider reimposing sanctions, in coordination with the US, UK and others;
2021/10/28
Committee: AFET
Amendment 488 #

2021/2182(INI)

Motion for a resolution
Paragraph 34
34. Underlines that the situation in Afghanistan is a wakeup call for the EU to deploy its external actions and meansseek greater autonomy and sovereignty in its foreign and security policy; is concerned by the dramatic humanitarian and security situation in Afghanistan; stresses the need for those in power across Afghanistane Taliban regime to bear responsibility and accountability for the protection of human life and property and for the restoration of security and civil order; reiterates that Afghan women and girls, like all Afghan people, deserve to live in safety, security and dignity and welcomes the broad international support for their rights and freedoms; calls for the EU to preserve the achievements of the last 20 years and to ensure that Afghanistan does not descend intobecome once more a safe haven for terrorist groups; emphasises the importance of cooperating with neighbouring and regional countries to ensure global security and regional stability; calls on the EU to draw lessons from its 20-year engagement in Afghanistan;
2021/10/28
Committee: AFET
Amendment 499 #

2021/2182(INI)

Motion for a resolution
Paragraph 35
35. Welcomes the EU’s renewed commitment to the Indo-Pacific region and recognition of its growing importance for EU interests; acknowledges the intense geopolitical competition in the region spurred largely by China’s growing assertiveness with its neighbours, and calls for the EU to strengthen its strategic focus, presence and actions with the aim of contributing to the stability, security, prosperity and sustainable development of the region; underlines the need for a strategic long-term engagement in the Indo-Pacific region and for establishing comprehensive bilateral and multilateral dialogue mechanisms with Indo-Pacific countries and their societies;
2021/10/28
Committee: AFET
Amendment 511 #

2021/2182(INI)

Motion for a resolution
Paragraph 37
37. Calls for special attention to be paid to enhancing cooperation with our partners in Latin America; believes that a strengthened relationship with Latin America and the Caribbean (LAC) is centralhighly important to the EU’s geopolitical strategy in the world; stresses the need for the Union to strengthen the ties that unite the EU with LAC countries, particularly in defending the rules-based multilateral order; calls for the EU to use all available tools to deepen its cooperation with LAC partners, ensure the swift ratification of the EU-Mexico agreement, deliver on the sustainable and environmental protocol with Mercosur so that the EU association agreement with Mercosur can be ratified, and conclude the negotiations for updating the EU association agreement with Chile; urges the EU to recover its position as the preferred partner of Latin American countries in view of other geopolitical actors occupying increasing space in the region, especially as a result of the COVID-19 pandemic and vaccine diplomacy;
2021/10/28
Committee: AFET
Amendment 523 #

2021/2182(INI)

Motion for a resolution
Paragraph 40
40. Welcomes the increased involvement of the European Parliament in the programming of Global Europe and IPA III as well as the introduction of a biannual High-Level Geopolitical Dialogue; urges to reflect the lessons learned from the rapid collapse of state institutions in Afghanistan in the EU state-building activities around the globe;
2021/10/28
Committee: AFET
Amendment 3 #

2021/2180(INI)

Motion for a resolution
Citation 4 a (new)
— having regard especially to the decision of the Court of Justice of the European Union in Cases C-156/21 Hungary v Parliament and Council Press and Information and C-157/21 Poland v Parliament and Council;
2022/03/01
Committee: LIBE
Amendment 47 #

2021/2180(INI)

Motion for a resolution
Recital A
A. whereas the Union is founded on the common values enshrined in Article 2 TEU of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities (Article 2 TEU values) and in the Copenhagen Criteria – values that are common to the EU Member States and to which candidate countries must adhere in order to join the Union and they cannot just be disregarded or reinterpreted after accession; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union;
2022/03/01
Committee: LIBE
Amendment 53 #

2021/2180(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the principle of sincere cooperation in Article 4 (3) TEU provides for an obligation of Member States to actively seek compliance with the EU Treaties, to facilitate the achievement of Union tasks and to obtain from any contravening measures;
2022/03/01
Committee: LIBE
Amendment 70 #

2021/2180(INI)

Motion for a resolution
Recital C
C. whereas without meaningful recommendations and effective follow- up, the rule of law report may fail to prevent, detect and effectively address systemic challenges and backsliding on the rule of law, as witnessed in several EU Member States in recent years;
2022/03/01
Committee: LIBE
Amendment 81 #

2021/2180(INI)

Motion for a resolution
Recital D
D. whereas it is necessary to strengthen and streamline existing mechanisms and to develop an effective EU mechanism on democracy, the rule of law and fundamental rights to ensure that Article 2 TEU values are upheld throughout the Union and prevent Member States from using the application of their domestic law to violate those values;
2022/03/01
Committee: LIBE
Amendment 119 #

2021/2180(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Welcomes the judgements of the European Court of Justice of 16th of February 2022 and its conclusions that the EU indeed has competences regarding the Rule of Law in the Member States, that Rule of Law conditionality mechanism is in line with EU law, and that the actions brought by Hungary and Poland against the Rule of Law Conditionality Regulation should be dismissed;
2022/03/01
Committee: LIBE
Amendment 125 #

2021/2180(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the fact that the functioning of justice systems, the anti- corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space to a certain extent, are all part of the Commission’s annual report; regrets, however, that not all rule of law issues were covered in sufficient detail in the 2021 report; calls for the inclusion in the annual report of other important elements of the Venice Commission’s 2016 Rule of Law Checklist, such as the fight against impunity, judicial accountability, independence of prosecutors and judges, enforcement of sentences, and also others from the Venice Commission’s 2016 Rule of Law Checklist; also calls for an examination of Member States' violations or when Member States fail to act on violations carried out by sub-state entities; believes that civic space deserves a separate subheading in the report;
2022/03/01
Committee: LIBE
Amendment 130 #

2021/2180(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the fact that the functioning of justice systems, the anti- corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space to a certain extent, are all part of the Commission’s annual report; regrets, however, that not all rule of law issues were covered in sufficient detail in the 2021 report; calls for the inclusion in the annual report of other important elements of the Venice Commission’s 2016 Rule of Law Checklist; believes that civic spacesituation of the civic space in the Member States deserves a separate subheadingchapter in the report; and deserves the creation of a ‘European civic space index’;
2022/03/01
Committee: LIBE
Amendment 143 #

2021/2180(INI)

Motion for a resolution
Paragraph 3
3. 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 greater efforts to deepening the analysis, and invites the Commission to ensure proper resources for that; believes that more time and importance should be devotedgiven to the Commission’s country visits, including on siteespecially on site; calls on the Commission to raise greater awareness of these visits among the public in order to foster a rule of law culture at national level; furthermore it calls on the Commission to organise communication campaigns about the importance of respecting the Rule of Law;
2022/03/01
Committee: LIBE
Amendment 148 #

2021/2180(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Is of the opinion that the Rule of Law report is currently a descriptive documentation of the situation in the Member States; stresses that a thorough analysis of the state of play in the Member States require an analysis and an overall evaluation of the Rule of Law in the Member States; calls on the Commission therefore to develop a Rule of Law index based on an objective and non- discriminative point system, which as a ‘traffic light’ assessment could signal the level of the rule of law in the Member States;
2022/03/01
Committee: LIBE
Amendment 172 #

2021/2180(INI)

Motion for a resolution
Paragraph 5
5. Regrets the fact that the report fails to clearly recognise the deliberate process of the rule of law backsliding in Poland and Hungary; calls on the Commission to make clear that when the Article 2 TEU values are being deliberately, gravely, permanently and systematically violated over a period of time, Member States could fail to fulfilmeet all the criteria that define a democracy and become authoritarian or illiberal regimes;
2022/03/01
Committee: LIBE
Amendment 185 #

2021/2180(INI)

Motion for a resolution
Paragraph 6
6. Regrets the fact that several Member States, in particular Hungary and Poland, had to be mentioned several times by the Commission as points of concern in the synthesis report; recalls that since June 2021 Parliament has also addressed the rule of law situation in Hungary, Poland and Slovenia in its plenary resolutions; further recalls that Parliament’s Committee on Civil Liberties, Justice and Home Affairs’ Democracy, Rule of Law and Fundamental Rights Monitoring Group has also addressed similar issueproblems in Bulgaria, Greece, Malta, Slovakia and, Slovenia and Spain;
2022/03/01
Committee: LIBE
Amendment 187 #

2021/2180(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Is strongly of the opinion that the Rule of Law cycle can be effective only if the principle of sincere cooperation set out in Art. 4 (3) TEU is equally respected and applied by the European institutions and the Member States;
2022/03/01
Committee: LIBE
Amendment 189 #

2021/2180(INI)

Motion for a resolution
Paragraph 7
7. Considers that the annual report should identify cross-cutting trends at EU level; asks the Commission to identify instances where certain measures or practices that undermine the rule of law in one Member State become blueprints for others, or when the gravity and scope of such deficiencies have the potential to affect the Union as a whole; calls therefore for an assessment of whether offences against the constitutional order, to which such practices and measures may give rise, should be included in the Union's list of serious crimes, given that they have a cross-border dimension or need to be combated on a common basis;
2022/03/01
Committee: LIBE
Amendment 239 #

2021/2180(INI)

Motion for a resolution
Paragraph 13
13. Underlines its concern at the fact that women and people in vulnerable situations, including persons with disabilities, children, religious minorities, particularly at a time of rising antisemitism, antigypsyism and anti- Muslim hatred in Europe, Romani people and other persons belonging to ethnic and linguistic minorities, migrants, asylum seekers, refugees, LGBTI+ persons and elderly people especially people living in marginalised settlements, continue to see their rights not being fully respected across the Union; emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights and minority rightis particularly concerned about the deterioration of the situation of sexual and reproductive health and rights of women in some Member States, including the imposition of highly restrictive laws on abortion; emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights and minority rights; strongly reiterates its call on the Commission to include within the scope of future reports an in-depth assessment of the persistent violations of democracy and fundamental rights throughout the Union, including equality and the rights of persons belonging to minorities;
2022/03/01
Committee: LIBE
Amendment 248 #

2021/2180(INI)

Motion for a resolution
Paragraph 13
13. UnderlinStresses witsh concern at the fact that women and people in vulnerable situations, including persons with disabilities, children, religious minorities, particularly at a time of that discriminatory practices continue to occur, based on grounds such as sex, race, colour, ethnic or social orisging antisemitism and anti-Muslim hatred in Europe, Romani people, genetic features, language, religion or belief, political or andy other persons belonging to ethnic and linguistic minorities, migrants, asylum seekers, refugees, LGBTI+ persons and elderly people, continue to see their rights not being fully respected across the Unopinion, membership of a national minority, property, birth, disability, age or sexual orientation; emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights and minority rights;
2022/03/01
Committee: LIBE
Amendment 279 #

2021/2180(INI)

Motion for a resolution
Paragraph 15
15. Considers that the time limits for consultation with civil society is often too short and should be suitably adapted and flexible in order to allow for complete and comprehensive input; points out that this has made it more difficult for stakeholders to prepare and plan their contributions and awareness-raising activities, in particular if the consultation coincides with winter holidays; calls on the Commission to allow multilingual submissionsubmissions in the official EU languages; notes that consultation can be improved by ensuring follow-up with civil society actors on the input they provide;
2022/03/01
Committee: LIBE
Amendment 280 #

2021/2180(INI)

Motion for a resolution
Paragraph 15
15. Considers that the time limits for consultation with civil society is often too short or ill-timed and should be suitably adapted and flexible in order to allow for complete and comprehensive input; points out that this has made it more difficult for stakeholders to prepare and plan their contributions and awareness-raising activities, in particular if the consultation coincides with winter holiday due to the limits of their capacities and their financial resources; calls on the Commission to allow multilingual submissions; notes that consultation can be improved by ensuring follow-up with civil society actors on the input they provide;
2022/03/01
Committee: LIBE
Amendment 290 #

2021/2180(INI)

Motion for a resolution
Paragraph 16
16. Recalls that the Commission must take into account relevant information from pertinent sources and recognised institutions; recalls that the findings of relevant international bodies, such as those under the auspices of the UN, the OSCE and the Council of Europe, are of crucial importance; believes that EFRIS is a useful source of information in this regardshould be taken into account;
2022/03/01
Committee: LIBE
Amendment 295 #

2021/2180(INI)

Motion for a resolution
Paragraph 17
17. Calls on the Commission to invite the EU Agency for Fundamental Rights (FRA) to provide methodological advice and conduct comparative research to add detail in key areas of the annual report, bearing in mind that the right to a fair trial, the fight against impunity, the freedom of expression and other fundamental rights have intrinsic links with the rule of law;
2022/03/01
Committee: LIBE
Amendment 305 #

2021/2180(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Stresses the indispensability of enforcing court sentences, both at national and EU level; condemns all national governments and sub-state entities on EU territory that refuse to follow judgments; emphasises that sentences of the Court of Justice of the European Union have to be implemented in a timely manner and as soon as possible in accordance with the Treaties, which the Member States agreed to comply with, in particular, those court sentences that seek to prevent discrimination on grounds of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation;
2022/03/01
Committee: LIBE
Amendment 331 #

2021/2180(INI)

Motion for a resolution
Paragraph 22
22. Reiterates that the annual report should serve as a basis for deciding whether to activate one or several relevant tools such as Article 7 TEU, the Rule of Law Conditionality Regulation, the Rule of Law Framework or infringement procedures, including expedited procedures, applications for interim measures before the CJEU and actions regarding non-implementation of CJEU judgments; calls on the institutions to activate such tools without delay; reiterates its call on the Commission to create a direct link between the Annual Rule of Law reports and the Rule of Law Conditionality mechanism;
2022/03/01
Committee: LIBE
Amendment 348 #

2021/2180(INI)

Motion for a resolution
Paragraph 23
23. Recalls that infringement procedures are the core instrument to protect and defend EU law and the common values enshrined in Article 2 TEU; notes with concern that the number of infringement procedures launched by the Commission has plummeted since 2004; is surprised by the fact that infringement procedures are not triggered systematically as soon as the relevant infringement is documented in the annual report; deplores the Commission’s reluctance to actively and systematically monitor the implementation of EU law and to exhaust the possibilities of infringement procedures against Member States as the instrument most tailored to resolve the issues efficiently and without delay; notes that this reluctance resulted in calls on Member States to initiate inter-State cases in accordance with Article 259 TFEU; is concerned that without systematic and timely application the preventive capacity of infringement procedures declines;
2022/03/01
Committee: LIBE
Amendment 364 #

2021/2180(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Highlights that constitutional checks and balances at EU level should also be independently assessed; commits, to that end, to request a Venice Commission opinion on key principles of democracy in EU governance, in particular the separation of powers, accountability and checks and balances;
2022/03/01
Committee: LIBE
Amendment 6 #

2021/2071(INI)

Draft opinion
Paragraph 1
1. Regrets the Commission’s intention to develop guidelines for the application of the Regulation; Reiterates that the application of the Rule of Law Conditionality Regulation cannot be subject to the adoption of guidelines, and urges the Commission to avoid any further delay in its application;
2021/06/18
Committee: LIBE
Amendment 8 #

2021/2071(INI)

Draft opinion
Paragraph 2
2. Notes that after the Commission has begun to draft guidelines on the application of the Regulation; requests that, if the Commission deems such guidelines necessary, Parliament be consulted prior to their adopdecided to preprare the Guidelines the Parliament in its resolution of 25 March 2021 on the application of Regulation (EU, Euratom) 2020/2092, the rule-of-law conditionality mechanism requested the Commission to submit the guidelines by 1 June 2021 the latest; regrets that the Commission has handed over the draft guidelines on the application of the Regulation with 2 weeks delay; is of the opinion that the draft guidelines in its current form do not contain any additional information, which could contribute to the proper application of the regulation; concludes therefore that the Commission’s guidelines are partof its delaying tactic of the application of the regulation;
2021/06/18
Committee: LIBE
Amendment 13 #

2021/2071(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Deplores the time wasted by the Commission since the entry into force of the Regulation; urges the Commission to act without any further delay in the application of the Regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the Member States that affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way; reiterates that the situation in some Member States already warrants immediate investigation under the Regulation;
2021/06/18
Committee: LIBE
Amendment 14 #

2021/2071(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Is strongly of the opinion that the Parliament has to continue its necessary preparations for potential court proceedings under Article 265 of the TFEU against the Commission; is of the opinion that non-action or slow action by the Commission is a strong political signal not only to the European institutions and the Member States but also to the European citizens;
2021/06/18
Committee: LIBE
Amendment 21 #

2021/2071(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Considers that the Commission’s annual Rule of Law report constitutes an objective, impartial, fair, and qualitative assessment of breaches of the principles of rule of law; believes that where the conclusions of the annual reports highlight individual or systemic breaches of the rule of law which affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way, they should be directly linked to the triggering of the Conditionality Mechanism; calls on the Commission to clarify a methodology to create a clear and direct link, when relevant, between the annual reports and the Conditionality Mechanism;
2021/06/18
Committee: LIBE
Amendment 27 #

2021/2071(INI)

3 b. Highlights that civil society, including independent NGOs and citizens, is at the forefront to identify potential breaches of the rule of law at local and national level, and should therefore be involved in their reporting; calls on the Commission to establish, in the guidelines, an efficient, user-friendly, and easily accessible online one-stop shop for citizens and civil society to report both fraud and corruption cases related to EU Funds, as well as individual or systemic breaches in their Member State, guaranteeing anonymity and leading, where deemed relevant by its services, to further investigations by the OLAF, the EPPO or the Commission;
2021/06/18
Committee: LIBE
Amendment 30 #

2021/2071(INI)

Draft opinion
Paragraph 3 c (new)
3 c. Recalls that the Regulation provides a clear definition of the rule of law, which must be understood in relation to the other values of the Union, including fundamental rights and non- discrimination; is of the opinion that state-sponsored discrimination against minorities has a direct impact on the projects on which Member States decide or not to spend EU money, and therefore directly affects the protection of the financial interests of the Union;
2021/06/18
Committee: LIBE
Amendment 32 #

2021/2071(INI)

Draft opinion
Paragraph 3 d (new)
3 d. Believes that transparency is essential to foster the confidence of Member States and citizens in the Conditionality Mechanism:points out that each step of the procedure of the Regulation should therefore be taken in a fully transparent way; Calls therefore on the Commission to set-up the transparency rules and principles that it will apply when triggering the Conditionality Mechanism;
2021/06/18
Committee: LIBE
Amendment 68 #

2021/2066(INI)

Motion for a resolution
Recital E a (new)
E a. whereas corruption acts as a barrier to education, makes education financially inaccessible, distorts values of young people and causes lack of motivation to study, resulting in the waste of talents and negative effects on the economy;
2021/09/28
Committee: AFET
Amendment 95 #

2021/2066(INI)

Motion for a resolution
Recital J a (new)
J a. whereas corruption reporting is among main causes of journalist killings; whereas according to the Committee to Protect Journalists, five journalists investigating corruption have so far been killed in 2021;
2021/09/28
Committee: AFET
Amendment 158 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point i
(i) design programmes under the IPA, the NDICI, and the EU trust funds to support anti-corruption capacity building; increase the efficiency of EU spending by including clear programme targets and timelines; enable EU Delegations and Member States’ embassies to assess and report on corruption in their regular briefings;
2021/09/28
Committee: AFET
Amendment 199 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point q a (new)
(q a) call for a thorough investigation into and justice for the violence and killings of investigative journalists, HRDs and other anti-corruption activists;
2021/09/28
Committee: AFET
Amendment 209 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point t a (new)
(t a) establish European funding rules for political parties, NGOs and the media, especially when funding comes from non- democratic countries, to prevent malign influence and interference into democratic processes and public affairs of the EU and partner countries, including manipulation of people’s opinions resulting into erosion of trust in governments, electoral processes and politics in general;
2021/09/28
Committee: AFET
Amendment 222 #

2021/2066(INI)

Motion for a resolution
Paragraph 1 – point w
(w) encourage a deepening of international commitments to put anti- corruption at the heart of the SDGs as an avenue for fighting global poverty, and for the fulfilment of economic, social and cultural rights, with special attention to the right to education; make fighting corruption in education and health-care sectors a priority;
2021/09/28
Committee: AFET
Amendment 18 #

2021/2065(INI)

Motion for a resolution
Recital B
B. whereas in order to achieve the strategic objective of developing its global leadership role, the EU must continue to take the lead in strengthening multilateral partnerships on global priorities, in particular its partnership with the UN, and itsan improved, more comprehensive and open cooperation with NATO and other like-minded countries, and in protecting and promoting democracy and human rights globally;
2022/12/09
Committee: AFET
Amendment 24 #

2021/2065(INI)

Motion for a resolution
Recital C
C. whereas the time is ripe to reform EU decision-making, making full and more effective use of the EU’s hard and soft power instruments, including by introducing qualified majority voting for decision-making in certain EU foreign policy areas such as human rights and the protection of international law, and with the exception of decisions creating military missions or operations with an executive mandate under the CSDP, for which unanimity must still be required, while also ensuring that the EU’s external and internal actions are coherently interlinked;
2022/12/09
Committee: AFET
Amendment 37 #

2021/2065(INI)

Motion for a resolution
Recital D
D. whereas the role of the EEAS is at the heart of implementing the necessary reforms of the EU’s foreign, security and defence policies and must show the way to a more comprehensive approach including DGs of the Commission such as DG INTPA, DG NEAR among others;
2022/12/09
Committee: AFET
Amendment 43 #

2021/2065(INI)

Motion for a resolution
Recital E a (new)
E a. whereas the EU, its CFSP and CSDP are increasingly targeted by campaigns of disinformation, requiring a stronger strategic communication policy from the EEAS;
2022/12/09
Committee: AFET
Amendment 48 #

2021/2065(INI)

Motion for a resolution
Recital F
F. whereas Parliament’s determination and resolve to protect and defend the Union and the values and principles for which it stands, including the principle of territorial integrity, national sovereignty and the rules-based international order, must be matched by adequate decision- making and institutional structures for external actions, and interinstitutional dialogue and cooperation;
2022/12/09
Committee: AFET
Amendment 81 #

2021/2065(INI)

Motion for a resolution
Paragraph 1 – point c
(c) increase leverage by introducing qualified majority voting for certain foreign policy areas, such as human rights and the protection of international law, and for imposing sanctions, with the exception of decisions creating military missions or operations with an executive mandate under the CSDP, for which unanimity must still be required, in order to increase the effectiveness of the EU’s foreign policy;
2022/12/09
Committee: AFET
Amendment 102 #

2021/2065(INI)

Motion for a resolution
Paragraph 1 – point f
(f) integrate fully the ‘more for more’ principle into relations with third countries, whereby the EU will develop stronger partnerships with those that share the CFSP’s principles and the fundamental values of the Union; ensure the full alignment of candidate countries on EU sanctions and make sure EU sanctions cannot be circumvented;
2022/12/09
Committee: AFET
Amendment 126 #

2021/2065(INI)

Motion for a resolution
Paragraph 1 – point i
(i) ensure that the financial resources available as well as recruitments including stricter qualification requirements for the most important positions, match the level of ambition and support the operative flexibilities needed in order to react in real time to emerging geopolitical challenges;
2022/12/09
Committee: AFET
Amendment 142 #

2021/2065(INI)

Motion for a resolution
Paragraph 1 – point k
(k) convert the EU delegations into genuine EU embassies, with one clear chain of command led by the EU ambassador to each given country;deleted
2022/12/09
Committee: AFET
Amendment 184 #

2021/2065(INI)

Motion for a resolution
Paragraph 1 – point p
(p) task the EEAS with preparing a revision of the Global Strategy for the European Union’s Foreign and Security Policy of 2016, taking stock of the EU Strategic Compass and the need to act in an integrated way as regards the CSDP;
2022/12/09
Committee: AFET
Amendment 193 #

2021/2065(INI)

Motion for a resolution
Paragraph 1 – point q
(q) adapt the organisation of the EEAS and the corresponding Commission services to new strategic needs without further delay, starting with the Arctic, and allow for flexible mandates to be able to promptly answer existing and new emerging threats;
2022/12/09
Committee: AFET
Amendment 199 #

2021/2065(INI)

Motion for a resolution
Paragraph 1 – point q a (new)
(q a) ensure that Team Europe is more than a slogan and works on the ground; improve cooperation and coordination between EU delegations and EU CSDP missions in one given third country; consider that EP missions abroad are fully part of the External Policy of the EU and must therefore enjoy full support from the EU delegations abroad;
2022/12/09
Committee: AFET
Amendment 220 #

2021/2065(INI)

Motion for a resolution
Paragraph 1 – point t
(t) support fully and develop the pilot project ‘Towards a European Diplomatic Academy’, which has been extended by one year in order to establish these functions within permanent organisational structures; calls for transparency on the criteria to recruit participants for this programme;
2022/12/09
Committee: AFET
Amendment 12 #

2021/2042(INI)

Motion for a resolution
Recital -A (new)
-A. whereas the European Parliament distinguishes - the Russian people and the Putin’s regime - and critical actions proposed in this report are directed towards the Putin’s regime, while stressing the urgent need to reach out to the Russian people and show that the EU is welcoming to them;
2021/06/02
Committee: AFET
Amendment 14 #

2021/2042(INI)

Motion for a resolution
Recital -A
-A. whereas the Union's relations with the Russian Federation must be based on the principles of international law, democracy and the peaceful resolution of conflicts, and whereas the current Russian government has shown contempt for these principles;
2021/06/02
Committee: AFET
Amendment 15 #

2021/2042(INI)

Motion for a resolution
Recital -A a (new)
-Aa. whereas Russia is an authoritarian state run by President Vladimir Putin and his loyalists, in which there are no free and fair elections, both the State Duma and the Council of the Federation are submissive to Mr Putin’s orders, opposition forces are under constant intimidation and threat, which includes searches of their offices, arrests and imprisonment sentences, assassination attempts and actual killings;
2021/06/02
Committee: AFET
Amendment 17 #

2021/2042(INI)

Motion for a resolution
Recital –A a (new)
-Aa. whereas the Russian Federation has committed itself to the principles of democracy, the rule of law and human rights through its membership of the Council of Europe and the OSCE;
2021/06/02
Committee: AFET
Amendment 18 #

2021/2042(INI)

Motion for a resolution
Recital –A b (new)
-Ab. whereas the EU is Russia's largest trading partner, while Russia is the EU's fifth largest trading partner;
2021/06/02
Committee: AFET
Amendment 19 #

2021/2042(INI)

Motion for a resolution
Recital -A b (new)
-Ab. whereas Mr Putin’s 20 years-long ruling has been possible only through manipulation of the Russian Constitution; whereas the latest constitutional reforms enacted in July 2020 during the COVID- 19 pandemic – including an amendment giving President Putin a waiver from presidential term-limits in 2024 – avoided full referendum procedures, violated both Russian law and the Russian Federation’s OSCE obligations, and were assessed by the European Commission for Democracy through Law (the Venice Commission) as “clearly inappropriate” and, according to Russian statisticians, were adopted by means of probably the most fraudulent vote in Russian history;
2021/06/02
Committee: AFET
Amendment 22 #

2021/2042(INI)

Motion for a resolution
Recital -A c (new)
-Ac. whereas the Freedom in the World 2021 report placed Russia in the category of ‘not free’ countries; whereas citizens’ fundamental freedoms are limited in Russia the election environment is controlled, Russian people are discouraged from public protests by the burdensome bureaucratic procedures established in order for citizens to receive a permission and by police violence during peaceful protests;
2021/06/02
Committee: AFET
Amendment 24 #

2021/2042(INI)

Motion for a resolution
Recital -A d (new)
-Ad. whereas, according to the Memorial Human Rights Centre, the Russian authorities currently hold nearly 400 political prisoners in violation of the Russian Federation’s obligations under Article 5 of the European Convention on Human Rights, Article 9 of the International Covenant on Civil and Political Rights, and Article 23 of the Concluding Document of the Vienna Meeting of the Conference on Security and Cooperation in Europe;
2021/06/02
Committee: AFET
Amendment 26 #

2021/2042(INI)

Motion for a resolution
Recital -A e (new)
-Ae. whereas the organisers and masterminds of the 2015 assassination of Russian opposition leader Boris Nemtsov remain unidentified and unindicted, while the OSCE report on this issue has concluded that “the main issue for addressing impunity is not the capabilities of the Russian law enforcement, but political will”;
2021/06/02
Committee: AFET
Amendment 29 #

2021/2042(INI)

Motion for a resolution
Recital -A f (new)
-Af. whereas the media space in Russia is controlled and owned by the state, there is no public broadcaster, the remaining few independent media sources struggle financially and face persecution, including physical attacks and imprisonment of media workers; whereas since 1992, 58 journalists have been killed in Russia; whereas the “sovereign internet” law enables the government to block any unwanted Internet content;
2021/06/02
Committee: AFET
Amendment 33 #

2021/2042(INI)

Motion for a resolution
Recital -A h (new)
-Ah. whereas the LGBTI+ community in Russia faces extensive discrimination, including harassment, torture, imprisonment and killings; whereas situation for LGBTI+ community is particularly dangerous in Chechnya, which in 2017 started its purge of LGBTI+ people, detaining and torturing dozens, with at least two killed, and many seeking for safe refuge abroad; whereas existing laws prohibit any public discussion on “non-traditional sexual relationships”;
2021/06/02
Committee: AFET
Amendment 34 #

2021/2042(INI)

Motion for a resolution
Recital -A i (new)
-Ai. whereas the Putin regime rejects multilateralism and the rule of law based international order, disregards international law and Helsinki OSCE principles, as demonstrated by the 2020 constitutional reforms elevating Russian law above international law;
2021/06/02
Committee: AFET
Amendment 36 #

2021/2042(INI)

Motion for a resolution
Recital -A j (new)
-Aj. whereas the 2020 Russian constitutional reforms revised the history of the WWII, cleansing the Soviet history and naming Russia as a successor of the Soviet Union, introduced the right to intervene internationally in defence of Russian compatriots and outlawed discussions about returning Russian lands to foreign actors;
2021/06/02
Committee: AFET
Amendment 37 #

2021/2042(INI)

Motion for a resolution
Recital -A k (new)
-Ak. whereas in 2019 Russia re-joined the Council of Europe but extensive violations of human rights continue, as well as its refusal to comply with the decisions of the European Court of Human Rights;
2021/06/02
Committee: AFET
Amendment 38 #

2021/2042(INI)

Motion for a resolution
Recital -A l (new)
-Al. whereas Russia uses other international institutions, primarily the UN and the OSCE, to prevent justice and conflict resolution worldwide;
2021/06/02
Committee: AFET
Amendment 40 #

2021/2042(INI)

Motion for a resolution
Recital -A n (new)
-An. whereas a passportization policy is being used to boost the numbers of Russian compatriots and de facto incorporate into Russia citizens of territories occupied by it and breakaway territories, notably Transnistria, South Ossetia, Abkhazia, Donbas and the Crimean Peninsula; whereas these Russian actions are a violation of international laws;
2021/06/02
Committee: AFET
Amendment 43 #

2021/2042(INI)

Motion for a resolution
Recital -A q (new)
-Aq. whereas the “Russian World” is being promoted by state-owned media channels such as Russia Today (RT) and Sputnik in the native languages of the EU Member States; whereas the COVID-19 pandemic is being used by Kremlin’s propaganda to seed division among the EU Member States, portray the EU as unable to cope with the pandemic, seed doubts about the vaccines approved by the European Medicines Agency, discourage EU citizens from vaccination, and rehabilitate Russia’s image in the eyes of EU population, particularly via the promotion of the Sputnik V vaccine;
2021/06/02
Committee: AFET
Amendment 44 #

2021/2042(INI)

Motion for a resolution
Recital -A r (new)
-Ar. whereas the Russian “foreign agents” law adopted in 2012 was used to get rid of Western grant-giving organisations and deprive democracy- promoting local NGOs from essential funding, and has been gradually expanding and currently any ordinary citizen can be branded as a foreign agent for its political activity; whereas another law prohibits the financing of public events in Russia by foreign governments, organizations and other actors labelled as foreign agents;
2021/06/02
Committee: AFET
Amendment 47 #

2021/2042(INI)

Motion for a resolution
Recital -A u (new)
-Au. whereas the EU and its Member States institutions as well as objects of strategical importance, leadership and democratic processes such as elections are the constant target of Russian cyber- attacks;
2021/06/02
Committee: AFET
Amendment 48 #

2021/2042(INI)

Motion for a resolution
Recital -A v (new)
-Av. whereas Putin’s Russia seeks to maintain its influence in the former Soviet space at any cost, it rejects the right of self-determination of neighbouring countries and openly disrupts their efforts to implement pro-European democratic reforms and jeopardises their ambitions to join the EU and NATO;
2021/06/02
Committee: AFET
Amendment 49 #

2021/2042(INI)

Motion for a resolution
Recital -A w (new)
-Aw. whereas Russia remains engaged in several parts of the world and seeks to disrupt EU influence in the Eastern Partnership region, the Western Balkans, Central Asia, the Middle East, North Africa, sub-Saharan Africa, and Latin America; whereas Russia establishes alternative models for cooperation such as the Eurasian Economic Union not necessarily with the intention to demonstrate its superiority, but to oppose the EU and the West in general;
2021/06/02
Committee: AFET
Amendment 63 #

2021/2042(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the Western Balkans region, which includes countries on the official waiting list to join the EU is characterized by a strong Russian presence, particularly Serbia where Russia has intentions to open an office of the Russian defence ministry; whereas in 2016 in Montenegro Russian military intelligence was involved into attempts to overtake country’s parliament, to assassinate the Prime Minister and install a pro-Russian and anti-NATO government, and to prevent Montenegro’s accession to NATO;
2021/06/02
Committee: AFET
Amendment 70 #

2021/2042(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas Russia uses its paramilitary organization (the “Wagner Group”) to support dictatorial regimes around the world and undermine the EU’s and international community’s efforts to mitigate conflicts, build peace and stability;
2021/06/02
Committee: AFET
Amendment 127 #

2021/2042(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas Russia ranks 120 out of 180 countries in the 2020 Corruption Perception Index, as massive state-level corruption prevents Russian population from quality public services, which remain underfunded, including the public health care, which is of particular importance during the pandemic; whereas nearly 19 million of Russians live under the poverty line;
2021/06/02
Committee: AFET
Amendment 130 #

2021/2042(INI)

Motion for a resolution
Recital C c (new)
Cc. whereas the Russian Government has approved a list of “unfriendly countries”, which includes Czechia and the United States;
2021/06/02
Committee: AFET
Amendment 160 #

2021/2042(INI)

Motion for a resolution
Recital F b (new)
Fb. whereas the current confrontation between the EU and the government of the Russian Federation is not in the interests of either party and whereas this confrontation jeopardizes peace and stability of the entire European continent;
2021/06/02
Committee: AFET
Amendment 161 #

2021/2042(INI)

Motion for a resolution
Recital F c (new)
Fc. whereas a constructive relationship would still be in the interests of both parties and their peoples, although a constructive dialogue with the Russian authorities will require closer cooperation and unity between the Member States and more strength and firmness in its response to any provocation and aggression from Moscow;
2021/06/02
Committee: AFET
Amendment 193 #

2021/2042(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas the role of the EU as a global actor and the foreign policy competences of the EU institutions should be strengthened;
2021/06/02
Committee: AFET
Amendment 196 #

2021/2042(INI)

Motion for a resolution
Recital H b (new)
Hb. whereas it is in the Union's interest to strengthen the strategic, democratic and social progress of its eastern neighbourhood;
2021/06/02
Committee: AFET
Amendment 198 #

2021/2042(INI)

Motion for a resolution
Paragraph -1 (new)
-1. Affirms that the European Union must adopt a firmer and more forceful overall strategy towards the Russian authorities and that its Member States must unify their approaches towards Russia in order to strike a balance between firmness and openness to dialogue on issues of common interest;
2021/06/02
Committee: AFET
Amendment 199 #

2021/2042(INI)

Motion for a resolution
Paragraph -1 a (new)
-1a. Stresses that the EU's foreign and security policy approach towards the Russian authorities requires greater coordination and coherence, in particular in strategic areas such as the European Defence Union, the European Energy Union, cyber defence, cyber terrorism and strategic communication tools;
2021/06/02
Committee: AFET
Amendment 218 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point a
(a) the EU, together with NATO and international partners, should deter Russia and keep stability in the EaP region by taking a more active role in the peaceful resolution of the ongoing conflicts and in the prevention of any future conflicts, by pressing Russia not to interfere in the region and to return the occupied territories in the EU’s Eastern neighbourhood;
2021/06/02
Committee: AFET
Amendment 268 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point c a (new)
(ca) Considers as essential for the EU to invest in projects to strengthen its security and its joint military, counter- espionage, cyber and energy capacities;
2021/06/02
Committee: AFET
Amendment 269 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point c b (new)
(cb) considers that the EU must step up its efforts to establish a genuine European defence within the framework of the strengthened Atlantic Alliance in order to be able to intervene with more effective, deployable, interoperable and sustainable military capabilities and forces, so as to project itself as a strong and confident international actor capable of deterring any aggression, threat or blackmail of a military nature;
2021/06/02
Committee: AFET
Amendment 305 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point e
(e) the EU should continue its work on the containment of Russian hybrid threats with instruments able to eliminate Russian hybrid influences from the EU and its Member States; notes that the EU is increasingly involved in hybrid conflicts with geopolitical adversaries, including Russia; underlines that these acts are of a particularly destabilising and dangerous nature as they blur the lines between war and peace, destabilise democracies and sow doubt in the minds of target populations; recalls that these attacks are by themselves often not serious enough to trigger Article 5 of the NATO treaty or Article 42(7) TEU, though they have a strategic effect cumulatively and cannot be effectively tackled through retorsions by the affected member state; believes that the EU should therefore strive to find a solution to fill this legal vacuum by reinterpreting Article42(7) TEU and Article 222 TFEU in a way that would reserve the right for collective defence below the collective defence threshold and allow for collective countermeasures of EU Member States on a voluntary basis, and work internationally with allies for a similar solution to be found at the international level; underlines that this is the only effective means to counter the paralysis in reacting against hybrid threats and an instrument to increase the costs for our adversaries;
2021/06/02
Committee: AFET
Amendment 314 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point e a (new)
(ea) increase resilience and strengthen capacities to react to hybrid treats posed by Russia and others: cyber-security, propaganda and disinformation; call out Russia each time it executes hybrid attack against the EU and the Member States; increase resilience to cyber-attacks and expand capacities of the EU StratCom, as there is a need to cover not only the East and the Western Balkans, but also disinformation in the EU space;
2021/06/02
Committee: AFET
Amendment 320 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point e a (new)
(ea) deplores the fact that Russian civil society organizations and NGOs are systematically deprived by the Russian authorities of the means to fight corruption;
2021/06/02
Committee: AFET
Amendment 324 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point e b (new)
(eb) ensure a swift implementation of the incoming proposals of the European Parliament Special Committee on Foreign Interference in all Democratic Processes in the European Union, including Disinformation (INGE);
2021/06/02
Committee: AFET
Amendment 328 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point e c (new)
(ec) strengthen the EU’s role as a global player, as well as the capacities of the EU institutions, not allow Russia to continue a so-called bilateralization of relations with the EU, as Brussels should be the only capital where key decisions about the EU-Russia relations are taken;
2021/06/02
Committee: AFET
Amendment 330 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point e d (new)
(ed) the EU should maintain close coordination with transatlantic partners in implementing decisions towards Russia, and, in coordination with transatlantic partners, consider additional sanctions to Russia should it fail to reduce tensions on Ukraine’s borders; sanctions against Russia can only be lifted or mitigated once Russia has fully implemented the Minsk agreements;
2021/06/02
Committee: AFET
Amendment 383 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point g c (new)
(gc) increase efforts to curb the Kremlin’s strategic investments, which often stem from the EU Member States through the financial flows of Russian oligarchs and companies set up to fund Russia’s malign interference and spread of corruption in the EU;
2021/06/02
Committee: AFET
Amendment 386 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point g e (new)
(ge) strengthen the European banking system in order to detect and prevent money laundering by Russia and other countries;
2021/06/02
Committee: AFET
Amendment 425 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point k a (new)
(ka) Condemns the role of Russia in the downing of Malaysia Airlines flight MH17 in 2014 and its attempts to undermine the criminal investigation (by the Joint Investigation Team) by deliberately spreading disinformation; recalls the full support of the international community to achieve justice for the 298 victims of the downing of Flight MH17 and demands Russia’s full cooperation in the search for the people responsible and bringing them to justice;
2021/06/02
Committee: AFET
Amendment 433 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point k a (new)
(ka) demand that the Russian authorities release all those unjustly imprisoned for political reasons, including Alexei Navalny, Alexei Pichugin, Yuri Dmitriev, and all the others designated by the Memorial Human Rights Centre as “political prisoners” in accordance with the criteria of the Parliamentary Assembly of the Council of Europe Resolution 1900 (2012)
2021/06/02
Committee: AFET
Amendment 435 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point k b (new)
(kb) the EU should support Russian civil society and foster people-to-people contacts between the EU and Russian citizens, particularly as Russian citizens are the biggest recipients of Schengen visas in the world, most of which are multiple-entry and multiannual; consider reducing the visa fee for Russian citizens and lead an effective information campaign to show that the EU is welcoming to the Russian people;
2021/06/02
Committee: AFET
Amendment 450 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point l
(l) the EU should confront the Russian-language propaganda of President Putin’s regime and support the establishment of a Free Russia Free Television with 24/7 airtime;
2021/06/02
Committee: AFET
Amendment 474 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point n
(n) the EU should adopt and announcpromote a strategic vision for its future relations with a democratic Russia, which should include a broad offer with conditions and incentives such as visa liberalisation, free trade investment and modernisation programmes, and a strategic partnership aiming among others at the stability of the continent and the full respect of its international borders; it should also convey the potential benefits that it is willing to offer in return for a democratic transformation of Russia;
2021/06/02
Committee: AFET
Amendment 482 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point n b (new)
(nb) therefore stresses the importance of intensifying dialogue with the Russian people and of strengthening political and financial support for civil society activists, human rights defenders, independent media, investigative journalists, academics and public figures and NGOs; calls on the EU Member States to contribute more -materially and technically - to this support;
2021/06/02
Committee: AFET
Amendment 485 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point n c (new)
(nc) suggests that the EU-Russia parliamentary delegation should take on the task of identifying persons of interest, playing a leading role in society, who would be open to the establishment of a constructive and uninterrupted dialogue and to setting up an agenda of public contacts with Russian civil society, its universities, its major scientific and cultural institutions, its non-governmental organizations, its political movements and its artistic and intellectual circles;
2021/06/02
Committee: AFET
Amendment 488 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point n d (new)
(nd) also calls for the strengthening and facilitation of an enhanced dialogue and cooperation between experts, researchers, civil society and local authorities in the EU and Russia, as well as for an intensification of exchanges of students, professional trainees and young people, in particular in the framework of Erasmus+;
2021/06/02
Committee: AFET
Amendment 491 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point n e (new)
(ne) urges the EU to establish a binding legal framework enabling it to react strongly to campaigns aimed at undermining democracy or the rule of law, including through targeted action against those responsible for such campaigns;
2021/06/02
Committee: AFET
Amendment 492 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point n f (new)
(nf) is deeply concerned about the links between the Russian government and far- right parties and populist governments in the EU and must fight against aggressions to democracy;
2021/06/02
Committee: AFET
Amendment 494 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point n g (new)
(ng) stresses that money laundering and criminal financial activities perpetrated by Russian nationals constitute a threat to the security and stability of Europe;
2021/06/02
Committee: AFET
Amendment 20 #
2021/05/31
Committee: AFET
Amendment 32 #

2021/2038(INI)

Motion for a resolution
Recital B
B. whereas the EU and the US share a fundamental interest in shaping the international environment, according to a shared worldview based on democracy, the rule of law, fundamental rights, and individual freedom;
2021/05/31
Committee: AFET
Amendment 46 #

2021/2038(INI)

C. whereas the election of Joe Biden as President of the United States and Kamala Harris as Vice-President has created new opportunities to resetvitalize the transatlantic relationship;
2021/05/31
Committee: AFET
Amendment 62 #

2021/2038(INI)

Motion for a resolution
Recital F
F. whereas constructive dialogue is needed to address the transatlantic divffergences;
2021/05/31
Committee: AFET
Amendment 65 #

2021/2038(INI)

Motion for a resolution
Recital G
G. whereas, while pursuing transatlantic cooperation in areas of shared interest, the EU should also foster it is complementary to EU advance towards strategic autonomy in defence and economic relations as a means to strengthen the transatlantic bond and increase the joint leverage of the EU and the U.S. on the world scene;
2021/05/31
Committee: AFET
Amendment 82 #

2021/2038(INI)

Motion for a resolution
Recital I
I. whereas both the EU and the US share a number of new common challenges such as combatting technology-enabled attacks and securing digital infrastructure, mitigating the socio- economic impact of the pandemic, the promotion ofng global health, addressing the climate emergency, the fighting against global criminal networks, and advancing the digital and green transformation as a means of sustainable modernisation;
2021/05/31
Committee: AFET
Amendment 119 #

2021/2038(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Calls on the EU and the U.S. to operationalize a Trade and Technology Council and a Transatlantic Agreement on Artificial Intelligence, as called for by the joint communication on a new EU-US agenda for global change;
2021/05/31
Committee: AFET
Amendment 136 #

2021/2038(INI)

Motion for a resolution
Paragraph 5
5. Calls for strengthened interparliamentary cooperation between Members of the European Parliament and Members of Congress in different thematic areas that could enable the exchange of best practices on global, but also on shared, domestic challenges, such as supporting innovation and education for the digital age, addressing economic and social inequality, protection ofng human rights and democratic standards, universal health coverage, legislative convergence on AI, responsibility oftechnology, and online platforms, and a just transition towards climate neutrality;
2021/05/31
Committee: AFET
Amendment 159 #

2021/2038(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls for increased EU-US coordination and joint action at the global level for maintaining technological leadership, setting global standards in technology and internet governance, and shaping the development of emerging and critical technologies such as artificial intelligence, quantum computing, biotechnology, 5G and 6G in accordance with democratic values;
2021/05/31
Committee: AFET
Amendment 162 #

2021/2038(INI)

Motion for a resolution
Paragraph 7 c (new)
7c. Highlights that non-democratic regimes such as China increasingly use technology to control and repress their citizens restricting the exercise of fundamental, social, and political rights; calls for increased EU-US cooperation in developing human-centric technology that respects privacy and reduces biases and discrimination;
2021/05/31
Committee: AFET
Amendment 203 #

2021/2038(INI)

Motion for a resolution
Paragraph 12
12. Believes that the EU should reaffirm together with the US the centrality of the Sustainable Development Goals, or the 2030 Agenda for Sustainable Development, as a framework for effective multilateral cooperation, involving also China;
2021/05/31
Committee: AFET
Amendment 273 #

2021/2038(INI)

Motion for a resolution
Paragraph 18
18. Considers it necessary to foster cooperation not only on traditional security threats, but also on new ones such as hostile foreign technological dominance, hybrid threats, disinformation and cybersecuritycyber-attacks, attacks on critical digital infrastructure such as 5G and intercontinental undersea cables;
2021/05/31
Committee: AFET
Amendment 278 #

2021/2038(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls on the EU and the U.S. to leverage technology to consolidate democracy and the functioning of democratic institutions and to protect against malign foreign interference, including by developing new and effective collective deterrence and response mechanisms for state-sponsored technology-enabled subversion such as election interference, fake news, fake science, and disinformation; to this end, calls for the EU and the US to spearhead the establishment of a global alliance of digital democracies;
2021/05/31
Committee: AFET
Amendment 361 #

2021/2038(INI)

Motion for a resolution
Paragraph 23
23. Calls for a comprehensive EU-US dialogue on China that should address theand seek to find common ground on areas of divergence, such as the Comprehensive Agreement on Investments, and explore possibilities for EU-US cooperationengagement with China in multilateral frameworks on commonglobal challenges, such as climate change;
2021/05/31
Committee: AFET
Amendment 364 #

2021/2038(INI)

Motion for a resolution
Paragraph 24
24. Underscores the need to explore areas of convergence and possible cooperation with the US on China, notably regarding the protection of human and minority rights, de-escalation of tensions in South-East Asia and protecting South- East Asian democracies, coordination of actions in the Indo-Pacific region, setting global technological standards, securing critical infrastructure and supply chains for critical technology components, protecting intellectual property rights and the fight against, fighting disinformation; supports closer coordination on these and other issues of common concern;
2021/05/31
Committee: AFET
Amendment 384 #

2021/2038(INI)

Motion for a resolution
Paragraph 25
25. Calls for close cooperation to jointly address the range of threats emanating from the Russian Federation, such as the territorial breaches of Ukraine and Georgia, the continued destabiliszation of Ukraine and Georgiand interference in the Republic of Moldova, interferences in democratic processes in the EU and the US, hybrid, military and cyber threats and disinformation campaigns, while at the same pursuing selective cooperationengagement in the areas of shared transatlantic interest, notably in the area of arms control;
2021/05/31
Committee: AFET
Amendment 421 #

2021/2038(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Calls for a joint EU-US strategy on Africa that supports democracy, inclusive and sustainable development, human rights, digitalization, education, and gender equality, mitigates the impact of climate change and its demographic implications, reduces Chinese exploitation of Africa’s natural resources and ensures their sustainable use, and engages with Africa as an economic, social, and political partner of both the EU and the U.S.;
2021/05/31
Committee: AFET
Amendment 14 #

2021/2037(INI)

Motion for a resolution
Citation 5 a (new)
— having regard to its resolution of 21 January 2021 on the crackdown on the democratic opposition in Hong Kong;
2021/05/27
Committee: AFET
Amendment 21 #

2021/2037(INI)

Motion for a resolution
Citation 5 b (new)
— Having regard to its resolution of 20 May 2021 on Chinese countersanctions on EU entities and MEPs and MPs;
2021/05/27
Committee: AFET
Amendment 23 #

2021/2037(INI)

Motion for a resolution
Citation 5 c (new)
— Having regard to its resolution of 17 December 2020 on Forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region;
2021/05/27
Committee: AFET
Amendment 25 #

2021/2037(INI)

Motion for a resolution
Citation 5 d (new)
— Having regard to its resolution of 19 June 2020 on the PRC national security law for Hong Kong and the need for the EU to defend Hong Kong's high degree of autonomy;
2021/05/27
Committee: AFET
Amendment 49 #

2021/2037(INI)

Motion for a resolution
Recital A c (new)
A c. whereas Chinese foreign policy expansion poses threats to liberal democracy, by indebting African, Asian, Latin American and even some Western Balkan countries through its Belt and Road Initiative and by attempting to assert its illiberal views through its growing influence in international organisations;
2021/05/27
Committee: AFET
Amendment 123 #

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, the reform of the WTO;
2021/05/27
Committee: AFET
Amendment 214 #

2021/2037(INI)

Motion for a resolution
Paragraph 8 – point c
(c) the lifting the counter-of sanctions imposed by the Chinese Ggovernment on EU entities and individuals, including Members of the European Parliament and the Subcommittee on Human Rights in retaliation of the Council 22nd March’s decision to impose sanctions on 4 Chinese officials and one entity;
2021/05/27
Committee: AFET
Amendment 226 #

2021/2037(INI)

Motion for a resolution
Paragraph 9
9. States its support for UN to carry outUrges the EU and its Member States to intensify efforts to reach enough international support for an independent UN legal investigations into alleged genocide and crimes against humanity taking place in the Xinjiang region and in the meantime to commission an EU led legal investigation to make preliminary determinations into the alleged crimes;
2021/05/27
Committee: AFET
Amendment 228 #

2021/2037(INI)

Motion for a resolution
Paragraph 9
9. States its support for UN to carry out legal investigations into alleged genocide and crimes against humanity taking place in the Xinjiang region; calls on China to comply with its obligations under national and international law to respect human rights, including the rights belonging to minorities in Xinjiang, Tibet and Inner Mongolia;
2021/05/27
Committee: AFET
Amendment 259 #

2021/2037(INI)

Motion for a resolution
Paragraph 11 b (new)
11 b. Calls on the EU Member States to fully implement the package of measures that was agreed following the introduction of the National Security Law for Honkong in July 2020 and to review their asylum, migration, visa and residence policy for Hong Kongers; Calls for targeted measures under the EU Global Human Rights Sanctions Regime, as necessary, in order to address repressions in Hong Kong;
2021/05/27
Committee: AFET
Amendment 265 #

2021/2037(INI)

Motion for a resolution
Paragraph 12
12. Believes that the future EU strategy on China should provide the necessary tools and data to analyse the political, economic, social and technological threats stemming from China, its Belt and Road Initiative (BRI) and 176+1 policies, its investment strategy and their implications for the Union’s strategic autonomy and the liberal order;
2021/05/27
Committee: AFET
Amendment 332 #

2021/2037(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Believes that the EU-China strategy should have appropriate budgetary arrangements and financing, as well as integrated performance measurement, monitoring, reporting and evaluation arrangements;
2021/05/27
Committee: AFET
Amendment 351 #

2021/2037(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Notes that the increasing number of hybrid attacks originating from China requires special attention, due to their destabilising and dangerous nature; Recalls that these attacks are by itself often not serious enough to trigger Article 5of the NATO treaty or Article 42(7) of the TEU, though have a strategic effect cumulative and cannot be effectively tackled by retorsions by the injured member state; Believes that the EU should therefore strive to find a solution to fill this legal vacuum in a way that would reserve the right for collective defence below the collective defence threshold and allow for collective countermeasures of EU Member States on a voluntary basis;
2021/05/27
Committee: AFET
Amendment 357 #

2021/2037(INI)

Motion for a resolution
Paragraph 18 b (new)
18 b. Supports expanding contacts between peoples on both sides as well as mutual exchange visits of students but encourages the EU member states to better monitor the impact of Chinese government interference in academic freedom, and if deemed necessary counter Chinese efforts to undermine academic freedom;
2021/05/27
Committee: AFET
Amendment 362 #

2021/2037(INI)

Motion for a resolution
Paragraph 19
19. Calls on the VP/HR to coordinate the Union’s actions with like-minded partners on the protection of human rights and support for civil society in China and for Chinese diaspora around the world, as well as the defence of liberal democracy in the world, notably in Hong Kong and Taiwan, and with a view to engaging China to respect international law, the freedom of navigation in the South China and the East China Seas and the peaceful resolution of disputes;
2021/05/27
Committee: AFET
Amendment 441 #

2021/2037(INI)

Motion for a resolution
Paragraph 31
31. Considers it necessary to develop new industrial policies in areas such as microchips and semiconductor production, rare earth mining, cloud computing and telecoms technology in order to decrease EU’s reliance on Chinese supply chains, always with an outlook to ensure better coordination of those policies with that of other like-minded liberal democracies whilst exploring the potential to jointly pool resources and create new synergies along the way;
2021/05/27
Committee: AFET
Amendment 454 #

2021/2037(INI)

Motion for a resolution
Paragraph 32 a (new)
32 a. Encourages a close observation of China's involvement in the Arctic region and preparedness to ensure freedom of navigation in the Arctic’s Northern Sea Route;
2021/05/27
Committee: AFET
Amendment 57 #

2021/2025(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission’s first annual Rule of Law Report as part of the wider European rule of law monitoring and enforcement architecture, as it adds an important, potentially preventive tool to the Union’s rule of law toolbox; encourages further development of this new tool for agenda-setting and preventive purposes;
2021/04/26
Committee: LIBE
Amendment 77 #

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 undwhere the Article 7(1) TEU procedurerule of law is in crisis; 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; considers these assessments necessary to identify follow-up actions and remedial measures and tools;
2021/04/26
Committee: LIBE
Amendment 84 #

2021/2025(INI)

Motion for a resolution
Paragraph 4
4. Calls 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 or risks thereof;
2021/04/26
Committee: LIBE
Amendment 93 #

2021/2025(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Regrets that not all rule of law issues were covered in sufficient detail by the annual report; invites the Commission to develop its country-specific expertise and capacity to react more promptly to negative developments in the Member States; calls on the Commission to devote sufficient resources to the monitoring and enforcement of the rule of law in the EU;
2021/04/26
Committee: LIBE
Amendment 103 #

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; 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 chaptersany relevant information about the state of the rule of law in the country, as well as situate new developments in their political context;
2021/04/26
Committee: LIBE
Amendment 116 #

2021/2025(INI)

Motion for a resolution
Paragraph 7
7. Is alarmed by the stark deterioration of the independence of some Member States’ justice systems, as reflected in some country chapters; calls on the Commission to clearly assess and designate such shortcomings and findings identified as a clear risk of a serious breach of the rule ofn light of applicable standards in EU law;
2021/04/26
Committee: LIBE
Amendment 127 #

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 TEUat the governments of Poland and Hungary have repeatedly attempted to prevent national courts from referring cases to the Court of Justice of the European Union under Article 267 TFEU; considers this practice to be in contravention of the Treaties and the CJEU's established interpretation of the relevant provisions; 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;
2021/04/26
Committee: LIBE
Amendment 139 #

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; 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 mechanismRegulation 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget; stresses that Regulation 2020/2092 is in force since 1 January 2021 and calls for its immediate application in line with Parliament's resolution of 25 March 2021;
2021/04/26
Committee: LIBE
Amendment 188 #

2021/2025(INI)

Motion for a resolution
Paragraph 14
14. Invites the Commission to define clear benchmarks con an enablingcerning the breadth and openness of civic space;
2021/04/26
Committee: LIBE
Amendment 199 #

2021/2025(INI)

Motion for a resolution
Paragraph 15
15. Regrets 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 TEUHungary of a CJEU ruling in relation to restrictions imposed on the financing of civil organisations by persons established outside 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 203 #

2021/2025(INI)

Motion for a resolution
Paragraph 16
16. Regrets the fact that the 2020 report fails to encompass fully the Article 2 TEU values of democracy and fundamental rights, including the rights of persons belonging to minorities and non- discrimination, including gender equality, sexual and reproductive rights and LGBTIQ rights, which are immediately affected when countries start backsliding on the rule of law;
2021/04/26
Committee: LIBE
Amendment 219 #

2021/2025(INI)

Motion for a resolution
Paragraph 18
18. Reiterates its insistence on the need for a single monitoring mechanism on democracy, the rule of law and fundamental rights, as proposed by Parliament in its resolution of 7 October 2020, to cover the full scope of Article 2 TEU values;
2021/04/26
Committee: LIBE
Amendment 221 #

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 as part of the Union’s annual reporting mechanism;deleted
2021/04/26
Committee: LIBE
Amendment 229 #

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; 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, as well as the Democracy Action Plan; believes that the presentation of these reports should be aligned and interlinked as part of a broader annual monitoring cycle on Article 2 TEU;
2021/04/26
Committee: LIBE
Amendment 252 #

2021/2025(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Calls on the Commission to regularize the schedule pertaining to the annual report's production, including the deadline for stakeholders' submissions, to make the process predictable for all institutions and stakeholders; calls on the Commission to ensure sufficient time for the preparation of stakeholders' submissions;
2021/04/26
Committee: LIBE
Amendment 258 #

2021/2025(INI)

Motion for a resolution
Paragraph 24
24. Calls onRegrets that the Commission and the Council to respond positively tohave so far refused to engage with Parliament's call in its resolution of 7 October 2020 forto establish, through an interinstitutional agreement, an EU mechanism on democracy, the rule of law and fundamental rights;
2021/04/26
Committee: LIBE
Amendment 264 #

2021/2025(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Considers the existing institutional arrangement behind the annual report to fall short of the Parliament's expectations; expects the Commission to create a permanent interinstitutional Working Group as proposed by the Parliament in its resolution of 7 October 2020;
2021/04/26
Committee: LIBE
Amendment 266 #

2021/2025(INI)

Motion for a resolution
Paragraph 24 b (new)
24 b. Invites the Commission and the Council to enter without delay into negotiations with Parliament on an interinstitutional agreement in accordance with Article 295 TFEU; considers the proposal set out in the Annex to Parliament's resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights to constitute an appropriate basis for such negotiations;
2021/04/26
Committee: LIBE
Amendment 274 #

2021/2025(INI)

Motion for a resolution
Paragraph 25
25. 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 effectivelyTEU is enabling continued divergence from the values provided for in Article 2 of the TEU; condemns the Council's reluctance to organize Article 7 TEU hearings under the pretext of the COVID-19 pandemic; calls for a reflection ats part of the Conference on the Future of Europe on a revision of the Article 7 TEU procedure in order to realign thevoting majorityies requirements of paragraphs 1 and 2 with a view to having super-majorities of four or five for both proceduresd by Article 7 TEU in order to render its procedure more effective;
2021/04/26
Committee: LIBE
Amendment 280 #

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; stresses that the report should be in any case accompanied by actionable recommendations, including deadlines for implementation;
2021/04/26
Committee: LIBE
Amendment 290 #

2021/2025(INI)

Motion for a resolution
Paragraph 27 a (new)
27 a. Calls for a strategic use of funding opportunities under the Regulation establishing the Rights and Values Programme in order to counteract threats to the rule of law identified in the annual report and more broadly support civil society organizations promoting the values listed in Article 2 TEU;
2021/04/26
Committee: LIBE
Amendment 301 #

2021/2025(INI)

Motion for a resolution
Paragraph 28 a (new)
28 a. Stresses the importance of promoting the findings of the annual report at the national level; encourages the Commission to foster debate around the report in national parliaments and engage with civil society organizations in the follow-up to the report;
2021/04/26
Committee: LIBE
Amendment 6 #

2021/2023(INI)

Motion for a resolution
Recital A
A. whereas the EU and India are to convene a leaders’ meeting on 8 May 2021 in Porto, Portugal, following their commitment to convene regularly at the highest level and to strengthen the strategic partnership established in 2004, with a view to enhancing economic and political cooperation;
2021/03/22
Committee: AFET
Amendment 40 #

2021/2023(INI)

Motion for a resolution
Paragraph 1 – point a
a) consolidate the progress in the Strategic Partnership achieved since last year’s Summit and make tangible advances on priority issues, notably resilient global health, climate change and green growth, digitalisation and new technologyies, connectivity, trade and investment, and foreign, security and defence policy;
2021/03/22
Committee: AFET
Amendment 48 #

2021/2023(INI)

Motion for a resolution
Paragraph 1 – point c
c) reiterate the need for a regular political dialogue and a deeper partnership based on the shared values of democracy, the rule of law, respect for human rights, a commitment to promoting an inclusive, coherent and rules-based global order, effective multilateralism and sustainable development;
2021/03/22
Committee: AFET
Amendment 61 #

2021/2023(INI)

Motion for a resolution
Paragraph 1 – point f a (new)
f a) support further democratic development in India in line with its constitutional and traditional multiculturalism; recall the common fight against all forms of discrimination, hate speech, fake news and destructive political populism;
2021/03/22
Committee: AFET
Amendment 67 #

2021/2023(INI)

Motion for a resolution
Paragraph 1 – point g
g) promote greater synergy in foreign and security policy through the existing relevant dialogue mechanisms and within fora set up under the Agenda for Action 2020, and in light of the EU’s recent strategic emphasis on enhanced security cooperation in and with Asia, where India plays an important strategic role;
2021/03/22
Committee: AFET
Amendment 75 #

2021/2023(INI)

Motion for a resolution
Paragraph 1 – point h
h) emphasise the need for closer thematic coordination of international security policies and for action in areas such as nuclear security and the non- proliferation and control of weapons of mass destruction, mitigation of chemical, biological and radiological weapons, the promotion of regional conflict prevention and peacebuilding, counter-piracy, maritime security, countering radicalisation and violent extremism, as well as cybersecurity, hybrid threats and outer space; consider India’s participation in Permanent Structured Cooperation (PESCO) projects so as to bolster the EU- India strategic partnership;
2021/03/22
Committee: AFET
Amendment 89 #

2021/2023(INI)

Motion for a resolution
Paragraph 1 – point j
j) take positive note of the six regular EU-India consultations on disarmament and non-proliferation that have taken place and encourage India to strengthen regional cooperation in this regard; acknowledge that India has joined three major proliferation-related multilateral export control regimes and encourage a closer EU-India partnership within these fora;
2021/03/22
Committee: AFET
Amendment 91 #

2021/2023(INI)

Motion for a resolution
Paragraph 1 – point k
k) coordinate positions and initiatives in multilateral fora, notably the UN, by pushing for joint objectives, increasing dialogue and effectively aligning positions; underline that India will hold a UN Security Council seat in 2021-2022 and the G20 presidency in 2023, marking an opportunity for the EU and India to enhance coordination on global governance and further promote a shared vision of rules-based multilateralism; support India’s bid for permanent membership of a reformed UN Security Council;
2021/03/22
Committee: AFET
Amendment 118 #

2021/2023(INI)

Motion for a resolution
Paragraph 1 – point n
n) underline that preserving peace, stability and the freedom of navigation in the Indo-Pacific region remains of critical importance to the interests of the EU and its Member States; increase mutual engagement to ensure that trade in the Indo-Pacific region will not be hampered by an increasingly assertive Chinese stance; intensify cooperation in maritime security and joint training missions in the Indo-Pacific region;
2021/03/22
Committee: AFET
Amendment 190 #

2021/2023(INI)

Motion for a resolution
Paragraph 1 – point t
t) address the human rights situation and challenges faced by civil society in its dialogue with the Indian authorities, including at summit level; encourage India, as the world’s largest democracy, to demonstrate its commitment to respecting and protectingrespect, protect and fully enforce the constitutionally guaranteed rights to the freedom of expression, peaceful assembly and association, to prevendt attacks against - and to release arbitrarily detained - human rights defenders 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 205 #

2021/2023(INI)

Motion for a resolution
Paragraph 1 – point u
u) act upon the commitment made in the EU-India Roadmap to resume the bilateral human rights dialogue as soon as possible; make the dialogue meaningful by ensuring high- level participation, setting concrete commitments and criteria for progress, addressing individual cases and facilitating an EU-India civil society dialogue ahead of the intergovernmental dialogue;
2021/03/22
Committee: AFET
Amendment 223 #

2021/2023(INI)

Motion for a resolution
Paragraph 1 – point w a (new)
w a) highlight that EU-India trade rose by more than 70% between 2009 and 20191a and that liberalising trade with India would increase EU exports to India by up to 56%1b; explore the possibility of concluding an EU-India investment agreement as a first step towards a potential future Free Trade Agreement; _________________ 1a https://webgate.ec.europa.eu/isdb_results/ factsheets/country/details_india_en.pdf 1b https://www.europarl.europa.eu/RegData/ etudes/STUD/2020/642841/EPRS_STU(2 020)642841_EN.pdf
2021/03/22
Committee: AFET
Amendment 237 #

2021/2023(INI)

Motion for a resolution
Paragraph 1 – point ab
ab) continue common global leadership in support of the Paris Agreement and focus on implementing the clean and renewable energy agenda; reaffirm a joint commitment, as two major global greenhouse gas emitters, to more coordinated efforts in mitigating the effects of climate change and increasing their investment in green and sustainable technologies;
2021/03/22
Committee: AFET
Amendment 22 #

2021/2002(INI)

Motion for a resolution
Recital F
F. whereas the threat posed by criminals originating from the Western Balkans has been used as an argument against EU accession in some countriesserious efforts and tangible results in the fight against organized crime are necessary steps for candidate countries to make progress towards EU accession;
2021/09/08
Committee: AFET
Amendment 34 #

2021/2002(INI)

Motion for a resolution
Paragraph 2
2. Underlines that depriving countries of the Western Balkans of a European perspective is worsening rather than improving the situation as regardsorganized crime originating in the Western Balkans has serious consequences for Member States of the EU; recalls that an absence of serious efforts and tangible results in the fight against organiszed crime, and underlines that only by fostering the EU integration process can it be improved will hamper progress towards accession of Western Balkans candidate countries to the EU ;
2021/09/08
Committee: AFET
Amendment 49 #

2021/2002(INI)

Motion for a resolution
Paragraph 4
4. Notes that the lack of employment opportunities, corruption, elements of state capture, and inequality and the slow process of EU accession are among the factors that make Western Balkans societies vulnerable to organised crime, and urges both the authorities of the Western Balkan countries and their international partners, including the EU, to intensify their efforts in addressing these challenges;
2021/09/08
Committee: AFET
Amendment 87 #

2021/2002(INI)

Motion for a resolution
Paragraph 11
11. Notes that the Western Balkan countries are both an origin of and a destinationtransit countries for trafficking in human beings; calls on the relevant authorities to place more focus on prevention and strengthening the resilience of groups that are vulnerable to the risks of trafficking in human beings; welcomes joint actions carried out with international partners, including Interpol and Europol, which have led to the arrests of suspected traffickers and migrant smugglers;
2021/09/08
Committee: AFET
Amendment 93 #

2021/2002(INI)

Motion for a resolution
Paragraph 12
12. Notes that the Western Balkan countries serve as a transit corridor for migrants and refugees and that the large population movements in recent years have posed an enormous challenge to the region; calls for enhanced efforts in fighting the smuggling of migrants; calls for greater exchange of information and enhanced coordination between countries of the Western Balkans, and encourages the EU and its Member States to provide more assistance in addressing these issues through, inter alia, the Joint Operational Office and the Operational Platform – Eastern Mediterranean Route;
2021/09/08
Committee: AFET
Amendment 99 #

2021/0428(COD)

Proposal for a regulation
Recital 2 a (new)
(2 a) The creation of an area in which the free movement of persons across internal borders is ensured is one of the main achievements of the Union. The normal functioning and strengthening of such an area, which is based on trust and solidarity, should be a common objective of the Union and the Member States which have agreed to take part in it. The absence of internal borders and the sharing of external borders create a common responsibility for Member States to ensure an area of freedom, security, and justice. In this respect, it is necessary to have a unified response to situations seriously affecting the public policy or internal security of that area, or parts thereof, by allowing for the temporary reintroduction of border control at internal borders in exceptional circumstances and as a last resort, while strengthening collegial cooperation between the Member States concerned.
2022/12/12
Committee: LIBE
Amendment 103 #

2021/0428(COD)

Proposal for a regulation
Recital 3
(3) In recent years, the Schengen area has been subject to unprecedented challenges, which by their nature were not confined to the territory of any single Member State. Such challenges underscored the fact that the preservation of public order and security in the Schengen area is a shared responsibility requiring joined and coordinated action between Member States and at Union level. They also highlighted the need for meaningful reform in order to strengthen mutual trust and solidarity, gaps in the existing rules governing the functioning of the Schengen area both at external and internal borders, and the need to create a stronger and more robust framework allowing for a more effective response to challenges faced by the Schengen area.
2022/12/12
Committee: LIBE
Amendment 108 #

2021/0428(COD)

Proposal for a regulation
Recital 4
(4) Border control at external borders is in the interest not only of the Member State at whose external borders it is carried out but of all Member States which have abolished internal border control and the Union as a whole. Member States are required to ensure high standards in management of their external borders, including through enhanced cooperation between border guards, police, customs and other relevant authorities. The Union provides active support through the provision of financing support by the Agencies, the European Border and Coast Guard in particular and management of the Schengen Evaluation Mechanism. The rules applicable to external bin the Schengen Borders Code need to be reinforced in order to better respond to new challenges that have recently emerged at the exand modernised in order to assure a high level of security within the Schengen area, in the absence of internal border controls.
2022/12/12
Committee: LIBE
Amendment 113 #

2021/0428(COD)

Proposal for a regulation
Recital 5
(5) The COVID-19 pandemic has reinforced the need for the Union to be better prepared to respond to crisis situations at the external borders related to situations of diseases with an epidemic potential that are a threat to public health. The COVID-19 pandemic has shown that threats to public health can require uniform rules concerning travel restrictions for travel into the European Union by third country nationals. The adoption of inconsistent and divergent measures at the external borders to address such threats negatively affects the functioning of the entire Schengen area, reduces predictability for third-country travellers and people-to- people contacts with third countries. To prepare the Schengen area for future challenges of a comparable scale related to threats to public health, it is necessary to establish a new mechanism which should allow for a timely adoption and lifting of coordinated measures at Union level. The new procedure at the external border should be applied in a situation of an infectious disease with epidemic potential as identified by the European Centre for Disease Prevention and Control orand the CommissionHealth Emergency Preparedness and Response Authority (HERA). This mechanism should complement the procedures proposed to be established in the Proposal for a Regulation of the European Parliament and of the Council on serious cross-border threats to health43 , notably in case of the recognition of a public health emergency, and the revised mandate of the European Centre for Disease Control.44 _________________ 43 COM(2020)727. 44 Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 851/2004 establishing a European Centre for disease prevention and control, COM(2020)726.
2022/12/12
Committee: LIBE
Amendment 183 #

2021/0428(COD)

Proposal for a regulation
Recital 24 a (new)
(24 a) Before resorting to the reintroduction of border control at internal borders, Member States should give precedence to alternative measures. In particular, the Member State concerned should consider using more effectively or intensifying police checks within its territory, including in border areas, while ensuring that those police checks do not have border control as an objective. Modern technologies are also instrumental in addressing threats to public policy or internal security. Member States should assess whether the situation could be adequately addressed by way of increased cross-border cooperation, both from an operational point of view and from that of information exchange between police services and other competent authorities of the Member State.
2022/12/12
Committee: LIBE
Amendment 187 #

2021/0428(COD)

Proposal for a regulation
Recital 25
(25) Measures need to be taken to address unauthorised movements of illegally staying third country nationals in an area without internal border controls. In order to strengthen the functioning of the Schengen area, and as an alternative to internal border controls, Member States should be able to take additional measures to counter irregular movements between Member States, and combat illegal stays. Where national law enforcement authorities of a Member State apprehend illegally staying third country nationals at the internal borders as part of cross-border police operational cooperation it should be possible for those authorities to refuse such persons the right to enter or remain in their territory and to transfer them to the Member State from which they entered. The Member State from where the person came directly should in turn be required to receive the apprehended third country nationals.
2022/12/12
Committee: LIBE
Amendment 189 #

2021/0428(COD)

Proposal for a regulation
Recital 25 a (new)
(25 a) In the absence of internal border controls, targeted joint patrols and other joint operations in intra-EU border areas are a valuable tool to counter migrant smuggling and trafficking in human beings, to prevent and detect illegal staying and cross-border crime linked to irregular migration, and to facilitate the effective practical implementation of bilateral readmission agreements. Such checks may prove more effective than internal border controls, notably as they are more flexible and can be adapted more easily to evolving risks. When opting for cross-border police cooperation, it is important that they are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders.
2022/12/12
Committee: LIBE
Amendment 196 #

2021/0428(COD)

Proposal for a regulation
Recital 27
(27) The transfer procedure provided for under this Regulation should not affect the existing possibility for Member States to return irregular third country nationals in accordance with bilateral agreements or arrangements referred to in Article 6(3) of Directive 2008/115/EC (the “Return Directive”), where such persons are detected outside of the vicinity of internal borders. At the same time, it is important that Union legislation provides a European framework for such cooperation. In order to facilitate the application of such agreements, and to complement the objective of protecting the area without internal borders, the Member States should be afforded the possibility to conclude new agreements or arrangements and update existing ones. The Commission should be notified of any such modifications or updates of new agreements or arrangements. Where a Member State has taken back a third country national under the procedure provided for in this Regulation or on the basis of a bilateral agreement or arrangement, the Member State concerned should be required to issue a return decision in accordance with the Return Directive. In order to ensure consistency between the new procedures provided for in this Regulation and existing rules on the return of third country nationals, a targeted modification of Article 6(3) of the Return Directive is therefore necessary.
2022/12/12
Committee: LIBE
Amendment 201 #

2021/0428(COD)

Proposal for a regulation
Recital 28
(28) In exceptional cases, addressing threats to the Schengen area may require the adoption, by the Member States,, as a measure of last resort, require the adoption of measures at the internal borders by the Member States. Member States remain competent to determine the need for the temporary reintroduction or prolongation of border controls. Under the existing rules, the reintroduction of controls at internal borders is provided for in circumstances where a serious threat to internal security or public policy manifests itself in a single Member State for a limited period of time. In particular, terrorism and organised crime, large scale public health emergencies or large scale or high profile international events such as sporting, trade or political events can amount to a serious threat to public policy or internal security.
2022/12/12
Committee: LIBE
Amendment 230 #

2021/0428(COD)

Proposal for a regulation
Recital 36
(36) The reintroduction of border controls at internal borders, whether on the basis of unilateral decisions of the Member States or at a Union level, has serious implications for the functioning of the Schengen area. In order to ensure that any decision to reintroduce border controls is only taken where necessary, as a measure of last resort, the decision on temporary reintroduction or prolongation of border controls should be based on common criteria, putting an emphasis on necessity and proportionality. The proportionality principle requires that the reintroduction of internal border controls be subject to safeguards that are to be respected before an internal border control is considered and which increase over time.
2022/12/12
Committee: LIBE
Amendment 237 #

2021/0428(COD)

Proposal for a regulation
Recital 37
(37) In the first instance, Member States should assess the appropriateness of internal border controls having regard to the nature of the serious threat identified. In this context, the Member States should pay particular attention to and assess the likely impact of internal border controls on the movement of persons within the area without internal border controls and the functioning of the cross-border regions. This assessment should be part of the notification that Member States are required to transmit to the Commission. In case of prolongation of internal border controls for foreseeable events beyond an initial period of six monthsIn addition, the Member State should also assess the appropriateness of alternative measures to pursue the same objectives as internal border controls, such as proportionate checks as carried out in the exercise of police or other public powers or through forms of police cooperation as provided for under Union law, and the possibility to use the transfer procedure. This assessment should be part of the notification that Member States are required to transmit to the Commission.
2022/12/12
Committee: LIBE
Amendment 247 #

2021/0428(COD)

Proposal for a regulation
Recital 39
(39) The notification to be provided by the Member States should be decisive when assessing compliance with the criteria and conditions for a temporary reintroduction of internal border controls. In order to ensure a comparable set of information and to improve the quality of the information it receives, the Commission should adopt a template for the notification of reintroduction of border controls at internal borders in an implementing act. Member States should be entitled to classify all or parts of the information provided in the notification, without prejudice to the functioning of appropriate and secure police cooperation channels.
2022/12/12
Committee: LIBE
Amendment 251 #

2021/0428(COD)

Proposal for a regulation
Recital 40
(40) In order to ensureThe Commission should be able to assess that internal border controls are an exceptional measure and truly a last resort measure applied only for as long as necessary and i. In order to allow for assessing the necessity and proportionality of internal border controls to address foreseeable threats, Member States should prepare a risk assessment to be submitted to the Commission when internal border controls are prolonged beyond an initial six months in response to foreseeable threatupon reintroduction of internal border controls. The Member States must in particular, explain, the scale and evolution of the identified serious threat, including how long the identified serious threat is expected to persist and which sections of the internal borders may be affected, as well as their coordination measures with the other Member States that are impacted or likely to be impacted by such measures.
2022/12/12
Committee: LIBE
Amendment 253 #

2021/0428(COD)

Proposal for a regulation
Recital 40 a (new)
(40 a) The risk assessment should demonstrate the efficiency and effectiveness of the reintroduced border control in addressing the identified threat and explain in detail how each neighbouring Member State affected by such prolongation was consulted and involved in determining the least burdensome operational arrangements. As many notifications provided by Member States lack sufficient detail to allow for a verification as to whether the principles of necessity and proportionality have been respected, the Commission may adopt guidelines as to which information should be provided.
2022/12/12
Committee: LIBE
Amendment 254 #

2021/0428(COD)

Proposal for a regulation
Recital 40 b (new)
(40 b) The quality of the risk assessment submitted by the Member State is important for the assessment of the necessity and proportionality of the intended reintroduction or prolongation of border control. The European Border and Coast Guard Agency, Europol, the European Union Asylum Agency, the European Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice and the European Union Agency for Fundamental Rights could be consulted during that assessment.
2022/12/12
Committee: LIBE
Amendment 263 #

2021/0428(COD)

Proposal for a regulation
Recital 43
(43) The mechanism for the temporary reintroduction of border controls at internal borders in urgent situations or to address foreseeable threats should provide for a possibilityn obligation, for the Commission, to organise consultations between Member States, including at the request of any Member State. Relevant Union Agencies should be involved in this process in order to share their expertise, where appropriate. Such consultations should look into the modalities of carrying out internal border controls and their time-line, possible mitigating measures as well as the possibilities of applying alternative measures instead. WEspecially where the Commission or a Member State has issued an opinion expressing concerns regarding the reintroduction of border controls, such consultations should be mandatory. When internal border controls are in place in the Union, this should regularly be addressed in the Schengen Council.
2022/12/12
Committee: LIBE
Amendment 271 #

2021/0428(COD)

Proposal for a regulation
Recital 44
(44) The Commission and Member States should retain the possibility to express any concern as regards the necessity and proportionality of a decision of a Member State to reintroduce internal border controls for reason of urgency or to address a foreseeable threat. In case controls at internal borders are reintroduced and prolonged for foreseeable threats for combined periods exceeding eighteen months, it should be a requirement for the Commission to issue an opinion assessing the necessity and proportionality of such internal border controls. Where a Member State considers that there are exceptional situations justifying the continued need for internal border controls for a period exceeding two years, the Commission should issue a follow-up opinion. Such an opinion is without prejudice to the enforcement measures, including infringement actions, which the Commission, in its role as guardian of the Treaties, may take at any time against any Member State for failure to comply with its obligations under Union law. Where an opinion is issued, the Commission should launch consultations with the Member States concerned.
2022/12/12
Committee: LIBE
Amendment 275 #

2021/0428(COD)

Proposal for a regulation
Recital 45
(45) In order to enable the post factum analysis of the decision on the temporary reintroduction of border controls at the internal borders, Member States should remain obliged to submit a report on the reintroduction of border control at internal borders to the European Parliament, the Council and the Commission once they lift the controls. Where the controls are kept in place for prolonged periods of time, such a report should also be submitted after twelvesix months, and every yearsix months thereafter if exceptionally controls are maintained and for as long as the controls are maintained. The report should outline, in particular, the initial and follow-up assessment of the necessity of internal border controls and the respect of the criteria for reintroduction of border controls at internal borders. The Commission should adopt in an implementing act a template and make it available online.
2022/12/12
Committee: LIBE
Amendment 277 #

2021/0428(COD)

Proposal for a regulation
Recital 45 a (new)
(45 a) Any derogation from the fundamental principle of free movement of persons should be interpreted strictly. The concept of a threat to public policy presupposes the existence of a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.
2022/12/12
Committee: LIBE
Amendment 278 #

2021/0428(COD)

Proposal for a regulation
Recital 45 b (new)
(45 b) The Commission has a duty to ensure that Member States fulfil their obligations under this Regulation through the enforcement measures in its position, including those in accordance with Article 258 of the Treaty of the Functioning of the European Union.
2022/12/12
Committee: LIBE
Amendment 337 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – paragraph 1
Regulation (EU) 2016/399
Article 21a – paragraph 1
1. This Article shall apply to situations where the European Centre for Disease Prevention and Control or the CommissionHealth Emergency Preparedness and Response Authority identify the existence in one or more third countries of an infectious disease with epidemic potential as defined by the relevant instruments of the World Health Organization.
2022/12/12
Committee: LIBE
Amendment 358 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2016/399
Article 23 – point a – point iv
iv) are carried out, where appropriate, on the basis of monitoring and surveillance technologies generally used in the territory, in line with national legislation, for the purposes of addressing threats to public security or public policy as set out under ii);
2022/12/12
Committee: LIBE
Amendment 363 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2016/399
Article 23 – point e
e) checks for security purposes of passenger data against relevant databases established under Union law on persons traveling in the area without controls at internal borders which can be carried out by the competent authorities under the applicable law.
2022/12/12
Committee: LIBE
Amendment 369 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/399
Article 23a – paragraph 2
2. The competent authorities of the Member State may, based on a finding that the third country national concerned has no right to stay on its territory, decide to immediately transfer the person to the Member State from which the person entered or sought to enter, in accordance with the procedure set out in Annex XII. This transfer is without prejudice to Article 6(3) of Directive 2008/115/EC.
2022/12/12
Committee: LIBE
Amendment 377 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) 2016/399
Article 25 – paragraph 1 – point a
(a) activitieidentified threats relating to terrorism or organised crime;
2022/12/12
Committee: LIBE
Amendment 380 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) 2016/399
Article 23a – paragraph 1 – point c
(c) an exceptional situation characterised by large scale unauthorised movements of third- country nationals between the Member States, putting at risk the overall functioning of the area without internal border control;
2022/12/12
Committee: LIBE
Amendment 391 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2016/399
Article 25a – paragraph 2
2. The Member State shall, at the same time as reintroducing border control under paragraph 1, notify the Commission, Parliament, and the other Member States of the reintroduction of border controls, in accordance with Article 27(1).
2022/12/12
Committee: LIBE
Amendment 392 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2016/399
Article 25a – paragraph 2
2. The Member State shall, at the same time as reintroducing border control under paragraph 1, notify the Commission, Parliament and the other Member States of the reintroduction of border controls, in accordance with Article 27(1).
2022/12/12
Committee: LIBE
Amendment 407 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2016/399
Article 25a – paragraph 5
5. For the purposes of paragraph 4, and without prejudice to Article 27a(4), border control at internal borders may be reintroduced for a period of up to six months. Where the serious threat to public policy or internal security persists beyond that period, the Member State may prolong the border control at internal borders for renewable periods of up to six months. Any prolongation shall be notified to the Commission, Parliament, and the other Member States in accordance with Article 27 and within the time limits referred to in paragraph 4. Subject to Article 27a(5), the maximum duration of border control at internal borders shall not exceed two years.
2022/12/12
Committee: LIBE
Amendment 414 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 1
1. To establish whether the reintroduction or prolongation of border controls at internal borders is necessary and proportionate in accordance with Article 25, a Member State shall in particular consider:
2022/12/12
Committee: LIBE
Amendment 425 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 1 – point b a (new)
(b a) the use of alternative measures such as proportionate checks carried out in the context of the lawful exercise of powers as referred to in Article 23 point (a);
2022/12/12
Committee: LIBE
Amendment 427 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 1 – point b b
(b b) the use of the procedure as referred to in Article 23a;
2022/12/12
Committee: LIBE
Amendment 428 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 1 – point b c
(b c) forms of police cooperation as provided for under Union law, including on matters such as joint patrols, joint operations, joint investigation teams, cross-border hot pursuits, or cross-border surveillance
2022/12/12
Committee: LIBE
Amendment 429 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 2
2. Where a Member States decides to prolong the border control at internal borders pursuant to Article 25a(5), it shall also assess in detail whether the objectives pursued by such prolongation could be attained by: a) the use of alternative measures such as proportionate checks carried out in the context of the lawful exercise of powers as referred to in Article 23 point (a); b) the use of the procedure as referred to in Article 23a; c) forms of police cooperation as provided for under Union law, including on matters such as joint patrols, joint operations, joint investigation teams, cross-border hot pursuits, or cross-border surveillance.deleted
2022/12/12
Committee: LIBE
Amendment 432 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 2 – point a
a) the use of alternative measures such as proportionate checks carried out in the context of the lawful exercise of powers as referred to in Article 23 point (a);deleted
2022/12/12
Committee: LIBE
Amendment 436 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 2 – point b
b) the use of the procedure as referred to in Article 23a;deleted
2022/12/12
Committee: LIBE
Amendment 437 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 2 – point c
c) forms of police cooperation as provided for under Union law, including on matters such as joint patrols, joint operations, joint investigation teams, cross-border hot pursuits, or cross-border surveillance.deleted
2022/12/12
Committee: LIBE
Amendment 441 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 3 a (new)
3 a. Where border controls at internal borders have been reintroduced or prolonged, the necessity and duration shall be regularly discussed in the Schengen Council.
2022/12/12
Committee: LIBE
Amendment 444 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 Regulation (EU) 2016/399
(b) the scope and duration of the proposed reintroduction or prolongation, specifying at which part or parts of the internal borders border control is to be reintroduced, or prolonged;
2022/12/12
Committee: LIBE
Amendment 446 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/399
Article 27 – paragraph 1 – point e
(e) the considerations as toa comprehensive assessment of the necessity and proportionality referred to in Article 26(1) and, in the case of a prolongation, in Article 26(2);
2022/12/12
Committee: LIBE
Amendment 449 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/399
Article 27 – paragraph 2
2. Where border controls have been in place for six monthsare reintroduced or prolonged in accordance with Article 25a(4), any subsequent notification for the prolong or Article 25(a)(5), the notification of such controls shall include a risk assessment. The risk assessment shall present the scale and anticipated evolution of the identified serious threat, in particular how long the identified serious threat is expected to persist and which sections of the internal borders may be affected, as well as information regarding coordination measures with the other Member States impacted or likely to be impacted by such measures.
2022/12/12
Committee: LIBE
Amendment 453 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/399
Article 27 – paragraph 2
2. Where border controls have been in place for sixthree months in accordance with Article 25a(4), any subsequent notification for the prolongation of such controls shall include a risk assessment in accordance with Article 26(2). The risk assessment shall present the scale and anticipated evolution of the identified serious threat, in particular how long the identified serious threat is expected to persist and which sections of the internal borders may be affected, as well as information regarding coordination measures with the other Member States impacted or likely to be impacted by such measures.
2022/12/12
Committee: LIBE
Amendment 454 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/399
Article 27 – paragraph 2a
2 a. The risk assessment shall present the following elements: (a) the scale and anticipated evolution of the identified serious threat, in particular how long the identified serious threat is expected to persist and which sections of the internal borders may be affected, as well as; (b) information regarding coordination measures with the other Member States impacted or likely to be impacted by such measures; (c) the measures it intends to adopt to alleviate the threat identified; (d) the means, actions, conditions and timeline considered with a view to lifting the internal border controls in order for the principle of free movement to be maintained after the final period of prolongation.
2022/12/12
Committee: LIBE
Amendment 464 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 2016/399
Article 27a – paragraph 1
1. Following receipt of notifications, submitted under Article 27(1), the Commission mayshall establish a consultation process, where appropriate, including joint meetings between the Member State that is planning to reintroduce or prolong border control at internal borders, and the other Member States, especially those directly affected by such measures and the relevant Union agencies.
2022/12/12
Committee: LIBE
Amendment 472 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 2016/399
Article 27a – paragraph 3
3. Following receipt of notifications submitted in relation to a prolongation of border control at the internal border under Article 25a(4) which leads to the continuation of border controls at internal borders for eighteensix months in total, the Commission shall issue an opinion on necessity and proportionality of such internal border controls. The opinion of the Commission shall contain: (a) recommendations on the improvement of the cooperation between Member States in order to limit the impact of the internal border controls; (b) recommendations regarding the means, actions, conditions and timeline with a view to lifting internal border controls; (c) recommended mitigating measures to be taken by the Member State concerned; (d) an assessment on whether alternative measures to remedy the threat identified were sufficiently explored.
2022/12/12
Committee: LIBE
Amendment 473 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 2016/399
Article 27a – paragraph 3
3. Following receipt of notifications submitted in relation to a prolongation of border control at the internal border under Article 25a(4) which leads to the continuation of border controls at internal borders for eighteensix months in total, the Commission shall issue an opinion on necessity and proportionality of such internal border controls.
2022/12/12
Committee: LIBE
Amendment 475 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 2016/399
Article 27a – paragraph 4
4. Where an opinion referred to in paragraphs 2 or 3 is issued, the Commission mayshall establish a consultation process in order to discuss the opinion with the Member States. Where the Commission or a Member State issues an opinion expressing concerns on the necessity or proportionality of reintroduced internal border controls the Commission shall launch such a process.
2022/12/12
Committee: LIBE
Amendment 523 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EU) 2016/399
Article 33 – paragraph 2
2. Without prejudice to the first paragraph 1, where border controls are prolonged as referred to in Article 25a(5), the Member State concerned shall submit a report at the expiry of twelve months and every twelve months thereaftersix months if border control is exceptionally maintained.
2022/12/12
Committee: LIBE
Amendment 525 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EU) 2016/399
Article 33 – paragraph 2
2. Without prejudice to the first paragraph 1, where border controls are prolonged as referred to in Article 25a(5), the Member State concerned shall submit a report at the expiry of twelvesix months and every twelvesix months thereafter if border control is exceptionally maintained.
2022/12/12
Committee: LIBE
Amendment 119 #

2021/0411(COD)

Proposal for a directive
Recital 1
(1) Transnational threats involving criminal activities pose a significant threat to the internal security of the Union and call for a coordinated, targeted and adapted response. While national authorities operating on the ground are on the frontline in the fight against serious and organised crime and terrorism, action at Union level is paramount to ensure efficient and effective cooperation, including as regards the exchange of information. Furthermore, serious and organised crime and terrorism, in particular, are emblematic of the link between internal and external security. Those threats spread across borders and manifest themselves in organised crime and terrorist groups that engage in a wide range of criminal activitieincreasingly dynamic and complex criminal activities calling for an adaptation of our police and law enforcement authorities towards more efficient detection, prevention and investigation systems.
2022/07/14
Committee: LIBE
Amendment 120 #

2021/0411(COD)

Proposal for a directive
Recital 1 a (new)
(1 a) According to the EU Serious and Organised Crime Threat Assessment 2021 (SOCTA1a), a large majority of organised crime groups are present in more than three Member States and composed of members of multiple nationalities who engage in several main criminal activities, among drug-trafficking, migrant smuggling, trafficking of human beings, cybercrime or organised property crimes. The structure of such criminal groups is ever more sophisticated with strong and efficient cooperation and communication systems between their members across borders. _________________ 1a https://www.europol.europa.eu/cms/sites/d efault/files/documents/socta2021_1.pdf
2022/07/14
Committee: LIBE
Amendment 122 #

2021/0411(COD)

Proposal for a directive
Recital 2
(2) In an area without internal border controls, policeFor the development of the European area of freedom, security and justice, characterised by the absence of internal border controls, it is essential that police and law enforcement officers in one Member State should have, within the framework of the applicable Union and national law, the possibility to obtain equivalent access to the information available to their colleagues in another Member State. In this regard, law enforcement authorities should cooperate effectively and by default across the Union. Therefore, an essential component of the measures that underpin public security in an interdependent area without internal border controls is police cooperation on the exchange of relevant information for law enforcement purposes. Exchange of information on crime and criminal activities, including terrorism, serves the overall objective of protecting the internal security of natural personsand legal persons in the Union.
2022/07/14
Committee: LIBE
Amendment 125 #

2021/0411(COD)

Proposal for a directive
Recital 5
(5) Therefore, the existing legal framework consisting of the relevant provisions of the Convention Implementing the Schengen Agreement and Framework Decision 2006/960/JHA should be updated and replaced, so as to facilitate and ensure, through the establishment of clear and harmonised rules, the adequate and rapid exchange of information between the competent law enforcement authorities of different Member States to adapt to a rapidly changing and expanding organised crime landscape, in the context of the globalisation and the digitalisation of the society.
2022/07/14
Committee: LIBE
Amendment 129 #

2021/0411(COD)

Proposal for a directive
Recital 7
(7) It is necessary to lay down rules governing the cross-cutting aspects of such information exchange between Member States. The rules of this Directive should not affect the application of rules of Union law on specific systems or frameworks for such exchanges, such as under Regulations (EU) 2018/186050 , (EU) 2018/186151 , (EU) 2018/186222/...52 , and (EU) 2016/79453 of the European Parliament and of the Council, Directives (EU) 2016/68154 and 2019/115355 of the European Parliament and of the Council, and Council Decisions 2008/615/JHA56 and 2008/616/JHA57 . _________________ 50 Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on the use of the Schengen Information System for the return of illegally staying third-country nationals (OJ L 312, 7.12.2018, p. 1). 51 Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation No 1987/2006 (OJ L 312, 7.12.2018, p. 14). 52 Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 201822/... amending Regulation (EU) 2018/1862 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, as regards the entry of alerts by Europol amending and repealing Council Decision 2007/533/JHA, and repealing Regulation No 1986/2006 and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56). 53 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53). 54 Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (OJ L 119, 4.5.2016, p. 132). 55 Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA (OJ L 186, 11.7.2019, p. 122). 56 Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross- border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1). 57 Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 12). A proposal for a Regulation on automated data exchange for police cooperation ("Prüm II"), intends to repeal parts of those Council Decisions.
2022/07/14
Committee: LIBE
Amendment 130 #

2021/0411(COD)

Proposal for a directive
Recital 9
(9) All exchanges of information under this Directive should be subject to three general principles, namely those of availability, equivalent access and, confidentiality and data minimisation. While those principles are without prejudice to the more specific provisions of this Directive, they should guide its interpretation and application where relevant. For example, tThe principle of availability should be understood as indicating that relevant information available to the Single Point of Contact or the law enforcement authorities of one Member State should also be available, to the largest extent possible, to those of other Member States. However, the principle should not affect the application, where justified, of specific provisions of this Directive restricting the availability of information, such as those on the grounds for refusal of requests for information and judicial authorisation. In addition, pPursuant to the principle of equivalent access, the access of the Single Point of Contact and the law enforcement authorities of other Member States to relevant information should be substantially the same as, and thus be neither stricter nor less strict than, the access of those of one and the same Member State, subject to the Directive’s more specific provisions. The principle of confidentiality requires that Member States respect each other’s confidentiality requirements when treating such information by ensuring a similar level of protection. The principle of data minimisation requires to defining exhaustively the categories of personal data that may be exchanged between law enforcement authorities.
2022/07/14
Committee: LIBE
Amendment 133 #

2021/0411(COD)

Proposal for a directive
Recital 10
(10) In order to achieve the objective to facilitate and ensure the adequate and rapid exchange of information between Member States, provision should be made for obtaining such information by addressing a request for information to the Single Point of Contact of the other Member State concerned, in accordance with certain clear, simplified and harmonised requirements. Concerning the content of such requests for information, it should in particular be specified, in an exhaustive and sufficiently detailed manner and without prejudice to the need for a case-by- case assessment, when they are to be considered as urgent and, which explanations they are to contain as minimum and the language to be used.
2022/07/14
Committee: LIBE
Amendment 135 #

2021/0411(COD)

Proposal for a directive
Recital 11
(11) Whilst the Single Points of Contact of each Member State should in any event have the possibility to submit requests for information to the Single Point of Contact of another Member State, in the interest of flexibility, Member States should be allowed to decide that, in addition, their law enforcement authorities may also submit such requests. In order for Single Points of Contact to be able to perform their coordinating functions under this Directive, it is however necessary that, where a Member State takes such a decision, its Single Point of Contact is made aware of all such outgoing requests, as well as of any communications relating thereto, by always being put in copy. Meanwhile, the Member States should seek to reduce the duplication of personal data to a strict minimum.
2022/07/14
Committee: LIBE
Amendment 138 #

2021/0411(COD)

Proposal for a directive
Recital 12
(12) Time limits are necessary to ensure rapid processing of requests for information submitted to a Single Point of Contact or a Member State law enforcement authority. Such time limits should be clear and proportionate and take into account whether the request for information is urgent and whether a prior judicial authorisation is required. In order to ensure compliance with the applicable time limits whilst nonetheless allowing for a degree of flexibility where objectively justified, it is necessary to allow, on an exceptional basis, for deviations only where, and in as far as, the competent judicial authority of the requested Member State needs additional time to decide on granting the necessary judicial authorisation. Such a need could arise, for example, because of the broad scope or the complexity of the matters raised by the request for information.
2022/07/14
Committee: LIBE
Amendment 139 #

2021/0411(COD)

Proposal for a directive
Recital 13
(13) In exceptional cases, it may be objectively justified for a Member State to refuse a request for information submitted to a Single Point of Contact. In order to ensure the effective functioning of the system created by this Directive, those cases should be exhaustively specified and interpreted restrictively. In particular, necessary safeguards should be established to prevent any misuse of the mechanism for exchanging information for any purpose that falls outside the scope and objectives of this Directive, for example in the case of politically- motivated objectives or manifest breaches of fundamental rights. Specific attention should be kept on requests formulated by a Single Point of Contact or a law enforcement authority from a Member State subject to a procedure under Article 7 of the Treaty on the European Union. When only parts of the information concerned by such a request for information relate to the reasons for refusing the request, the remaining information is to be provided within the time limits set by this Directive. Provision should be made for the possibility to ask for clarifications, which should suspend the applicable time limits. However, such possibility should only exist where the clarifications are objectively necessary and proportionate, in that to evaluate the request of information or in case the request for information would otherwise have to be refused for one of the reasons listed in this Directive. In the interest of effective cooperation, it should remain possible to request necessary clarifications also in other situations, without this however leading to suspension of the time limits.
2022/07/14
Committee: LIBE
Amendment 140 #

2021/0411(COD)

Proposal for a directive
Recital 14
(14) In order to allow for the necessary flexibility in view of operational needs that may vary in practice, provision should be made for two other means of exchanging information, in addition to requests for information submitted to the Single Points of Contact. The first one is the spontaneous provision of information, that is, on the own initiative of either the Single Point of Contact or the law enforcement authorities without a prior request. The second one is the provision of information upon requests for information submitted either by Single Points of Contact or by law enforcement authorities not to the Single Point of Contact, but rather directly to the law enforcement authorities of another Member State. In respect of both means, only a limited number of minimum requirements should be set, in particular on keeping the relevant Single Points of Contact informed and, as regards own-initiative provision of information, the situations in which information is to be provided and the language to be used.
2022/07/14
Committee: LIBE
Amendment 141 #

2021/0411(COD)

Proposal for a directive
Recital 15
(15) The requirement of a prior judicial authorisation for the provision of information can be an important safeguard and should be respected when provided in national law. The Member States' legal systems are different in this respect and this Directive should not be understood as affecting such requirements established under national law, other than subjecting them to the condition that domestic exchanges and exchanges between Member States are treated in an equivalent manner, both on the substance and procedurally. Furthermore, in order to keep any delays and complications relating to the application of such a requirement to a minimum, the Single Point of Contact or the law enforcement authorities, as applicable, of the Member State of the competent judicial authority should take all practical and legal steps, where relevant in cooperation with the Single Point of Contact or the law enforcement authority of another Member State that requested the information, to obtain the judicial authorisation as soon as possible.
2022/07/14
Committee: LIBE
Amendment 143 #

2021/0411(COD)

Proposal for a directive
Recital 16
(16) It is particularly important that the protection of personal data, in accordance with Union law, is ensured in connection to all exchanges of information under this Directive. To that aim, the rules of this Directive should be aligned with Directive (EU) 2016/680 of the European Parliament and of the Council60 . In particular, it should be specified that any personal data exchanged by Single Points of Contacts and law enforcement authorities is to remain limited to the categories of data listed in Section B point 2, of Annex II to Regulation (EU) 2016/794 of the European Parliament and of the Council61 . Furthermore, as far as possible, any such personal data should be distinguished according to their degree of accuracy and reliability, whereby facts should be distinguished from personal assessments, in order to ensure both the protection of individuals and the quality and reliability of the information exchanged. The processing and storage of personal data by Single Points of Contact or law enforcement authorities following a request of information pursuant to this Directive should be as quick as possible to ensure the accuracy and reliability of the personal data, to avoid unnecessary duplication of data and to reduce the risk that such data is outdated or not available to the initial competent authority anymore. If it appears that the personal data are incorrect, they should be rectified or erased without delay. Such rectification or erasure, as well as any other processing of personal data in connection to the activities under this Directive, should be carried out in compliance with the applicable rules of Union law, in particular Directive (EU) 2016/680 and Regulation (EU) 2016/679 of the European Parliament and of the Council62 , which rules this Directive leaves unaffected. _________________ 60 Directive (EU) 2016/680 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119 4.5.2016, p. 89). 61 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53). 62 Regulation (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).
2022/07/14
Committee: LIBE
Amendment 149 #

2021/0411(COD)

Proposal for a directive
Recital 16 a (new)
(16 a) For the purpose of this Directive, Member States should make sure that their Single Point of Contact and competent law enforcement authorities respect a clear distinction between personal data of different categories pursuant to Article 6 of Regulation (EU) 2016/680 and Annex II of Regulation (EU) 2022/794.
2022/07/14
Committee: LIBE
Amendment 150 #

2021/0411(COD)

Proposal for a directive
Recital 17
(17) In order to allow for adequate and rapid provision of information by Single Points of Contact, either upon request or on their own initiative, it is important that the relevant officials of the Member States concerned understand each other. Language barriers often hamper the cross- border exchange of information. For this reason, rules should be established on the use of languages in which requests for information submitted to the Single Points of Contact, the information to be provided by Single Points of Contact as well as any other communications relating thereto, such as on refusals and clarifications, are to be provided. Those rules should strike a balance between, on the one hand, respecting the linguistic diversity within the Union and keeping costs of translation as limited as possible and, on the other hand, operational needs associated with adequate and rapid exchanges of information across borders. Therefore, Member States should establish a list containing one or more official languages of the Union of their choice, but containing also one language that is broadly understood and used in practice, namely, English. Besides, Member States should also engage in the overall improvement of their staff’s foreign language skills, such as by delivering specific trainings.
2022/07/14
Committee: LIBE
Amendment 153 #

2021/0411(COD)

Proposal for a directive
Recital 18
(18) The further development of the European Union Agency for Law Enforcement Cooperation (Europol) as the Union’s criminal information hub is a priority for supporting the Member States’ law enforcement authorities. That is why, when information or any related communications are exchanged, irrespective of whether that is done pursuant to a request for information submitted to a Single Point of Contact or law enforcement authority, or on their own-imitative, a copy should be sent to Europol, however only insofar as it concerns offences falling within the scope of the objectives of Europol. In practice, this can be done through the ticking by default of the corresponding SIENA boxMember States should ensure adequate support and training of their staff to quickly and accurately identify which information exchanged in the context of this Directive falls within the mandate of Europol and is necessary for the Agency to fulfil its objectives.
2022/07/14
Committee: LIBE
Amendment 158 #

2021/0411(COD)

Proposal for a directive
Recital 19
(19) The proliferation of communication channels used for the transmission of law enforcement information between Member States and of communications relating thereto should be remedied, as it hinders the adequate and rapid exchange of such information and increase the risk towards the security of personal data. Therefore, the use of the secure information exchange network application called SIENA, managed by Europol in accordance with Regulation (EU) 2016/794, should be made mandatory for all such transmissions and communications under this Directive, including the sending of requests for information submitted to Single Points of Contact and directly to law enforcement authorities, the provision of information upon such requests and on their own initiative, communications on refusals and clarifications, as well as copies to Single Points of Contact and Europol. To that aim, all Single Points of Contact, as well as all law enforcement authorities that may be involved in such exchanges, should be directly connected to SIENA. In this regard, a transition period should be provided for, however, in order to allow for the full roll-out of SIENA.
2022/07/14
Committee: LIBE
Amendment 161 #

2021/0411(COD)

Proposal for a directive
Recital 20
(20) In order to simplify, facilitate and better manage information flows, Member States should each establish or designate one Single Point of Contact competent for coordinating information exchanges under this Directive. The Single Points of Contact should, in particular, contribute to mitigating the obstacles resulting from the fragmentation of the law enforcement authorities' landscape, specifically in relation to information flows, in response to the growing need to jointly tackle cross- border crime, such as drug trafficking, cybercrime, trafficking of human beings and terrorism. For the Single Points of Contact to be able to effectively fulfil their coordinating functions in respect of the cross-border exchange of information for law enforcement purposes under this Directive, they should be assigned a number of specific, minimum tasks and also have certain minimum capabilities.
2022/07/14
Committee: LIBE
Amendment 163 #

2021/0411(COD)

Proposal for a directive
Recital 21
(21) Those capabilities of the Single Points of Contact should include having access to all information available within its own Member State, including by having user-friendly access to all relevant Union and international databases and platforms, in accordance with the modalities specified in the applicable Union and national law. In order to be able to meet the requirements of this Directive, especially those on the time limits, the Single Points of Contact should be provided with adequate resources in terms of budget and staff, including adequate translation capabilities, and function around the clock. In that regard, having a front desk that is able to screen, process and channel incoming requests for information may increase their efficiency and effectiveness. Those capabilities should also include having at their disposition, at all times, judicial authorities competent to grant necessary judicial authorisations. In practice, this can be done, for example, by ensuring the physical presence or the functional availability of such judicial authorities, either within the premises of the Single Point of Contact or directly available on call.
2022/07/14
Committee: LIBE
Amendment 165 #

2021/0411(COD)

(22 a) The emergence of a European common police culture between Member States law enforcement forces is a key objective for the purpose of exchange of information in criminal matters. To this end, adequate training, including in Union law for data protection and foreign languages, and cooperation exercises at regular intervals should be strengthened at the EU level, with the support of the European Union Agency for Law Enforcement Training (CEPOL) as well as programmes and projects funded under the Union budget.
2022/07/14
Committee: LIBE
Amendment 166 #

2021/0411(COD)

Proposal for a directive
Recital 22 b (new)
(22 b) Regular meetings between Single Points of Contact, and at least once a year with all of them, should also be established to foster a European common police culture between Member States and share good practices in the field of exchange of information for the purpose of this Directive.
2022/07/14
Committee: LIBE
Amendment 167 #

2021/0411(COD)

(23) The deployment and operation of an electronic single Case Management System having certain minimum functions and capabilities by the Single Points of Contact is necessary to allow them to carry out their tasks under this Directive in an effective and efficient manner, in particular as regards information managementexchange, processing and storage. The storage of personal metadata and content data should be for the sole purpose of the processing of such data by the requesting law enforcement authorities and be as quick as possible to limit the duplication of the same data to the strict minimum. At the end of this process, the data should be irrevocably deleted.
2022/07/14
Committee: LIBE
Amendment 169 #

2021/0411(COD)

Proposal for a directive
Recital 24
(24) To enable the necessary monitoring and evaluation of the application of this Directive, Member States should be required to collect and annually provide to the Commission certain data. This requirement is necessary, in particular, to remedy the lack of comparable data quantifying relevant information exchanges and also facilitates the reporting obligation of the Commission regarding the implementation and application of this Directive.
2022/07/14
Committee: LIBE
Amendment 171 #

2021/0411(COD)

Proposal for a directive
Recital 25
(25) The cross-border nature of crime and terrorism requires Member States to rely on one another to tackle such criminal offences. Adequate and rapid information flows between relevant law enforcement authorities and to Europol cannot be sufficiently achieved by the Member States acting alone. Due to the scale and effects of the action, this can be better achieved at Union level through the establishment of a common culture and rules on the exchange of information. Thus, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. 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 those objectives.
2022/07/14
Committee: LIBE
Amendment 175 #

2021/0411(COD)

Proposal for a directive
Article 1 – paragraph 1 – introductory part
1. This Directive establishes rules for the exchange of information between the law enforcement authorities of the Member States where necessary and proportionate for the purpose of preventing, detecting or investigating criminal offences.
2022/07/14
Committee: LIBE
Amendment 180 #

2021/0411(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) requests for information submitted to the Single Points of Contact established or designated by the Member States, in particular on the content of such requests, mandatory time limits for providing the requested information, reasons for refusals of such requests and the single channel of communication to be used in connection to such requests;
2022/07/14
Committee: LIBE
Amendment 183 #

2021/0411(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point c
(c) the single channel of communication to be used for all exchanges of information pursuant to this directive and the information to be provided to the Single Points of Contact in relation to exchanges of information directly between the law enforcement authorities of the Member States;
2022/07/14
Committee: LIBE
Amendment 185 #

2021/0411(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point d
(d) the establishment or designation, organisation, tasks, composition and capabilities of theMember States’ Single Point of Contact, including on the deployment of a single electronic Case Management System for the fulfilment of its tasks.
2022/07/14
Committee: LIBE
Amendment 194 #

2021/0411(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1
(1) 'law enforcement authority' means any authority of the Member States competent under national law for the purpose of preventing, detecting or investigating criminal offences;, such as national police, customs or other authority that is authorised by national law to detect, prevent and investigate serious or organised criminal activities.
2022/07/14
Committee: LIBE
Amendment 208 #

2021/0411(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 4
(4) 'available' information means information that is either held by the Single Point of Contact or the law enforcement authorities of the requested Member State, or information that those Single Points of Contact or those law enforcement authorities can obtain from other public authorities or from private parties established in that Member State without coercive measures, in compliance with Regulation (EU) 2016/794;
2022/07/14
Committee: LIBE
Amendment 213 #

2021/0411(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 6
(6) ‘personal data’ means personal data as defined in Article 43, point (12) of Regulation (EU) 2016/6794.
2022/07/14
Committee: LIBE
Amendment 220 #

2021/0411(COD)

Proposal for a directive
Article 3 – paragraph 1 – point c
(c) information provided to the Single Point of Contact or the law enforcement authorities of another Member State that is marked as confidential is protected by those law enforcement authorities in accordance with the requirements set out in the national law of that Member State offering a similar level of confidentiality (‘principle of confidentiality’).;
2022/07/14
Committee: LIBE
Amendment 221 #

2021/0411(COD)

Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
(c a) information falling in the scope of this Directive shall be defined exhaustively, namely the categories of personal data that can be exchanged between law enforcement authorities (‘principle of data minimisation’).
2022/07/14
Committee: LIBE
Amendment 227 #

2021/0411(COD)

Proposal for a directive
Article 4 – paragraph 3 – subparagraph 1 – point b
(b) necessary in order to protect a person’s vital interests which are at imminent risk or prevent an imminent threat to life or physical integrity;
2022/07/14
Committee: LIBE
Amendment 229 #

2021/0411(COD)

Proposal for a directive
Article 4 – paragraph 3 – subparagraph 1 – point c
(c) necessary to adopt a decision that may involve the maintenance of restrictive measures amounting to a restriction or deprivation of liberty;
2022/07/14
Committee: LIBE
Amendment 232 #

2021/0411(COD)

Proposal for a directive
Article 4 – paragraph 4 – introductory part
4. Requests for information to the Single Point of Contact of another Member State shall contain all necessary details and explanations to allow for their adequate and rapid processing in accordance with this Directive, including at least the following:
2022/07/14
Committee: LIBE
Amendment 233 #

2021/0411(COD)

Proposal for a directive
Article 4 – paragraph 4 – point e
(e) the reasons for which the request is considered urgent, where applicable, in accordance to paragraph 3.
2022/07/14
Committee: LIBE
Amendment 236 #

2021/0411(COD)

Proposal for a directive
Article 5 – paragraph 1 – point c
(c) seven calendar days, for all requests that are not urgent., and do not require a judicial authorisation;
2022/07/14
Committee: LIBE
Amendment 238 #

2021/0411(COD)

Proposal for a directive
Article 5 – paragraph 1 – point c a (new)
(c a) nine calendar days, for all requests that are not urgent, and require a judicial authorisation.
2022/07/14
Committee: LIBE
Amendment 239 #

2021/0411(COD)

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
The time periodlimits laid down in the first subparagraph shall commence at the moment of the reception of the request for information.
2022/07/14
Committee: LIBE
Amendment 240 #

2021/0411(COD)

Proposal for a directive
Article 5 – paragraph 2 – introductory part
2. Where under its national law in accordance with Article 9 the requested information is available only after having obtained a judicial authorisation, the requested Member State may deviate from the time limits referred to paragraph 1 insofar as necessary for obtaining suchMember States shall ensure that their Single Point of Contact keep the Single Point of Contact or, where applicable, the law enforcement authority of the requesting Member State updated and provide the requested information as soon as possible after obtaining the judicial authorisation.
2022/07/14
Committee: LIBE
Amendment 241 #

2021/0411(COD)

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
In such cases, Member States shall ensure that their Single Point of Contact does both of the following: (i) immediately inform the Single Point of Contact or, where applicable, the law enforcement authority of the requesting Member State of the expected delay, specifying the length of the expected delay and the reasons therefore; (ii) subsequently keep it updated and provide the requested information as soon as possible after obtaining the judicial authorisation.deleted
2022/07/14
Committee: LIBE
Amendment 242 #

2021/0411(COD)

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point i
(i) immediately inform the Single Point of Contact or, where applicable, the law enforcement authority of the requesting Member State of the expected delay, specifying the length of the expected delay and the reasons therefore;deleted
2022/07/14
Committee: LIBE
Amendment 243 #

2021/0411(COD)

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point ii
(ii) subsequently keep it updated and provide the requested information as soon as possible after obtaining the judicial authorisation.deleted
2022/07/14
Committee: LIBE
Amendment 247 #

2021/0411(COD)

Proposal for a directive
Article 6 – paragraph 1 – point e – point i
(i) be contrary to the essential interests of the internal security of the requested Member State;
2022/07/14
Committee: LIBE
Amendment 249 #

2021/0411(COD)

Proposal for a directive
Article 6 – paragraph 1 – point e – point iii
(iii) unduly harm the vital interests of a natural or legal person. or pose an imminent threat to life or the physical integrity of a natural person;
2022/07/14
Committee: LIBE
Amendment 253 #

2021/0411(COD)

Proposal for a directive
Article 6 – paragraph 1 – point e – point iii a (new)
(iii a) depart from the scope and objectives of this Directive, including the fight against serious and organised crimes and terrorism, such as in the case of politically-motivated purposes or manifest breach of fundamental rights
2022/07/14
Committee: LIBE
Amendment 254 #

2021/0411(COD)

Proposal for a directive
Article 6 – paragraph 2
2. Member States shall ensure that their Single Point of Contact informs the Single Point of Contact or, where applicable, the law enforcement authority of the requesting Member State of the refusal, specifying the reasons for the refusal, within the time limits provided for in Article 5(1). The Single Point of Contact or, where applicable, the law enforcement authority of the requesting Member State subject to a refusal shall have the possibility to provide clarifications or request a reassessment of such a decision.
2022/07/14
Committee: LIBE
Amendment 260 #

2021/0411(COD)

Proposal for a directive
Article 8 – paragraph 1
1. Member States shall ensure that, where Single Points of Contact or law enforcement authorities submit requests for information directly to the law enforcement authorities of another Member State, their Single Points of Contact or their law enforcement authorities send, at the same time as they send such requests, provide information pursuant to such requests or send any other communications relating thereto, a copy thereof to the Single Point of Contact of that other Member State and, where the sender is a law enforcement authority, also to the Single Point of Contact of its own Member State.
2022/07/14
Committee: LIBE
Amendment 261 #

2021/0411(COD)

Proposal for a directive
Article 8 – paragraph 1 a (new)
2. Member States shall ensure that their Single Point of Contact or, where relevant, their law enforcement authority, reply to requests for information pursuant to this Directive within the time limits referred to Article 5, except where Article 6(1) applies.
2022/07/14
Committee: LIBE
Amendment 263 #

2021/0411(COD)

Proposal for a directive
Article 9 – paragraph 2
2. Member States shall ensure that, where their national law requires a judicial authorisation for the provision of information to the Single Points of Contact or the law enforcement authority of another Member State in accordance with paragraph 1, their Single Points of Contact or their law enforcement authorities immediately take all necessary steps, in accordance with their national law, to obtain such judicial authorisation as soon as possible and within the time limits foreseen in Article 5(1).
2022/07/14
Committee: LIBE
Amendment 264 #

2021/0411(COD)

Proposal for a directive
Article 9 – paragraph 3
3. The requests for judicial authorisation referred to in paragraph 12 shall be assessed and decided upon in accordance with the national law of the Member State of the competent judicial authority.
2022/07/14
Committee: LIBE
Amendment 274 #

2021/0411(COD)

Proposal for a directive
Article 10 – paragraph 1 – point ii
(ii) their Single Point of Contact or their law enforcement authorities also provide, at the same time and insofar as possible, the necessary elements enabling the Single Point of Contact or the law enforcement authority of the other Member State to assess the degree of accuracy, completeness and reliability of the personal data, as well as the extent to which the personal data are up to date and their period of validity where relevant.
2022/07/14
Committee: LIBE
Amendment 275 #

2021/0411(COD)

Proposal for a directive
Article 11 – paragraph 1
1. Member States shall establish and keep up to date a list with one or more of the official languages of the Union in which their Single Point of Contact is able to receive and provide information upon a request for information or on its own initiative. That list shall include English.
2022/07/14
Committee: LIBE
Amendment 279 #

2021/0411(COD)

Proposal for a directive
Article 12 – paragraph 1
1. Member States shall ensure that, where their Single Point of Contact or their law enforcement authorities send requests for information, provide information pursuant to such requests, provide information on their own initiative or send other communications relating thereto under Chapters II and III, they also send, at the same time, a copy thereof to Europol, insofar as the information to which the communication relates concerns offences falling within the scope of the objectives of Europol in accordance with Regulation (EU) 2016/794 following a thorough assessment made by qualified staff.
2022/07/14
Committee: LIBE
Amendment 281 #

2021/0411(COD)

Proposal for a directive
Article 12 – paragraph 1 a (new)
2. In application to the first paragraph and pursuant to Article 7(6)(a) and Article 19 of Regulation (EU) 2022/791 [Europol Regulation], when supplying information to Europol, Member States shall determine the purpose of, and the restriction on, the processing of such information.
2022/07/14
Committee: LIBE
Amendment 284 #

2021/0411(COD)

Proposal for a directive
Article 14 – paragraph 1
1. Each Member State shall establish or designate ona single national Single Point of Contact, which shall be the central entity responsible for coordinating exchanges of information under this Directive.
2022/07/14
Committee: LIBE
Amendment 286 #

2021/0411(COD)

Proposal for a directive
Article 14 – paragraph 2 – point a
(a) receive and evaluate requests for information in the language used;
2022/07/14
Committee: LIBE
Amendment 287 #

2021/0411(COD)

Proposal for a directive
Article 14 – paragraph 3 – point a
(a) their Single Point of Contact has access to all information available to their law enforcement authorities, insofar as necessary to carry out its tasks under this Directive and in compliance with the protection of personal data related to Regulation (EU) 2016/680;
2022/07/14
Committee: LIBE
Amendment 290 #

2021/0411(COD)

Proposal for a directive
Article 14 – paragraph 3 – point c
(c) their Single Point of Contact is provided with the qualified staff, resources and capabilities, including for translation, necessary to carry out its tasks in an adequate and rapid manner in accordance with this Directive and in particular the time limits set out in Article 5(1);
2022/07/14
Committee: LIBE
Amendment 292 #

2021/0411(COD)

Proposal for a directive
Article 15 – title
CompositionOrganisation, composition and training
2022/07/14
Committee: LIBE
Amendment 294 #

2021/0411(COD)

Proposal for a directive
Article 15 – paragraph 2 a (new)
2 a. Member States shall ensure that their staff operating in the Single Point of Contact and competent law enforcement authorities are adequately qualified for their tasks, in particular as regards: (a) data processing; (b) national and Union law in the area of Justice and Home Affairs, in particular law enforcement cooperation as well as the mandate and objectives of Europol for the purpose of applying Article 12; (c) national and Union law in the area of data protection and confidentiality; (d) foreign languages.
2022/07/14
Committee: LIBE
Amendment 296 #

2021/0411(COD)

Proposal for a directive
Article 15 – paragraph 2 b (new)
2 b. In application to paragraph 3, Member States shall ensure access for their staff to adequate and regular training.
2022/07/14
Committee: LIBE
Amendment 297 #

2021/0411(COD)

Proposal for a directive
Article 16 – paragraph 1 – point a
(a) recording incoming and outgoing requests for information referred to in Articles 5 and 8, as well as any other communications with Single Points of Contact and, where applicable, law enforcement authorities of other Member States relating to such requests, including the information about refusals and the requests for and provision of clarifications referred to in Article 6(2) and (3) respectively, as well as the request for reassessment of a refusal, pursuant to Article 6(2);
2022/07/14
Committee: LIBE
Amendment 299 #

2021/0411(COD)

Proposal for a directive
Article 16 – paragraph 3
3. Member States shall ensure that any personal data processed by their Single Point of Contact are contained in the Case Management System only for as long as is necessary and proportionate for the purposes for which the personal data are processed and are subsequently irrevocably deletedto limit the duplication of such data to the strict minimum, and are subsequently irrevocably deleted. Member States may impose time limits for the processing and storage of such personal data to their Single Point of Contact and competent law enforcement authorities.
2022/07/14
Committee: LIBE
Amendment 304 #

2021/0411(COD)

Proposal for a directive
Article 16 a (new)
Article 16 a Cooperation between national Single Point of Contact 1. Member States shall encourage practical cooperation between their Single Point of Contact and competent law enforcement authorities for the purpose of the present Directive. 2. The Commission shall organise regular meetings between Single Points of Contact, and at least once a year with all of them, to support the sharing of best practices related to the exchange of information between law enforcement authorities.
2022/07/14
Committee: LIBE
Amendment 307 #

2021/0411(COD)

Proposal for a directive
Article 18 – paragraph 1
1. The Commission shall, by [date of entry into force + 32 years], submit a report to the European Parliament and to the Council, assessing the implementation of this Directive. In this context, the Commission shall pay particular attention to the efficiency of exchange of information between competent authorities, the grounds for refusal of requests, in particular where the request falls outside the scope of the objectives of this Directive, as well as the compliance with provisions on data protection and the transferring of information to Europol.
2022/07/14
Committee: LIBE
Amendment 310 #

2021/0411(COD)

Proposal for a directive
Article 18 – paragraph 2
2. The Commission shall, by [date of entry into force + 54 years], submit a report to the European Parliament and to the Council assessing the effectivity and effectiveness of this Directive. The Commission shall take into account the information provided by Member States and any other relevant information related to the transposition and implementation of this Directive. On the basis of this evaluation, the Commission shall decide on appropriate follow-up actions, including, if necessary, a legislative proposal.
2022/07/14
Committee: LIBE
Amendment 311 #

2021/0411(COD)

Proposal for a directive
Article 21 – paragraph 1 – introductory part
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [date of entry into force + 12 yearmonths]. They shall forthwith communicate to the Commission the text of those provisions.
2022/07/14
Committee: LIBE
Amendment 314 #

2021/0411(COD)

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
They shall apply those provisions from that date. However, they shall apply Article 13 from [date of entry into force + 42 years].
2022/07/14
Committee: LIBE
Amendment 69 #

2021/0394(COD)

Proposal for a regulation
Recital 3
(3) For the purposes of enhancing judicial cooperation and access to justice, legal acts of the Union providing for communication between competent authorities, including Union agencies and bodies, and between competent authorities and natural and legal persons, should be complemented by conditions for conducting such communication through digital means and training courses for competent authorities and citizens on how to use the decentralized IT system.
2022/11/24
Committee: JURILIBE
Amendment 75 #

2021/0394(COD)

Proposal for a regulation
Recital 5
(5) It is important that appropriate channels and tools are developed in consultation with members of the legal professions who will use them to ensure that justice systems can efficiently cooperate digitally. Therefore, it is essential to establish, at Union level, an harmonized information technology instrument that allows swift, direct, interoperable, reliable, accessible and secure cross-border electronic exchange of case related data among competent authorities.
2022/11/24
Committee: JURILIBE
Amendment 91 #

2021/0394(COD)

Proposal for a regulation
Recital 11
(11) The decentralised IT system should be comprised of the back-end systems of Member States and the Union agencies and bodies, and interoperable access points, through which they are interconnected. The access points of the decentralised IT system should be based on e-CODEX, and should be in compliance with accessibility requirements set out in Article 42(1) of the Directive 2014/24/EU and Article 60(1) of Directive 2014/25/EU.
2022/11/24
Committee: JURILIBE
Amendment 96 #

2021/0394(COD)

Proposal for a regulation
Recital 12
(12) For the purposes of this Regulation, Member States should be able to use instead of a national IT system, athe Commission-developed software (reference implementation software), for harmonisation purposes, instead of a national IT system. The Commission should be responsible for the creation, maintenance, accessibility and development of this reference implementation software in accordance with the principles of data protection by design and by default. The Commission should design, develop and maintain the reference implementation software in compliance with the data protection requirements and principles laid down in Regulation (EU) 2018/1725 of the European Parliament and of the Council34 and Regulation (EU) 2016/679 of the European Parliament and of the Council35 , in particular the principles of data protection by design and by default as well as high level of cybersecurity. The reference implementation software should also include appropriate technical measures and enable the organisational measures necessary for ensuring a level of security and interoperability which is appropriate for the exchange of information in the context of cross-border judicial procedures. _________________ 34 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 35 Regulation (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).
2022/11/24
Committee: JURILIBE
Amendment 99 #

2021/0394(COD)

Proposal for a regulation
Recital 13
(13) In order to provide swift, secure and efficient assistance to applicants, written communication between competent authorities, such as courts and Central Authorities established under Council Regulation (EC) 4/200936 and Council Regulation (EU) 2019/111137 , should, as a rule, be carried out through the decentralised IT system. In exceptional cases, other means of communication may be used if those are found to be more appropriate or efficient for the purposes of ensuring flexibility. However, the decentralised IT system should always be considered the most appropriate means for exchanging forms between competent authorities established by the legal acts listed in Annex I and Annex II to this Regulation. _________________ 36 Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1–79) 37 Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1).
2022/11/24
Committee: JURILIBE
Amendment 103 #

2021/0394(COD)

Proposal for a regulation
Recital 14
(14) Transmission through the decentralised IT system could be impossible due to a disruption of the system or where the nature of what has to be transmitted makes transmission by digital means impracticable, such as the transmission of physical/material evidence. Where the decentralised IT system is not used, communication should be carried out by the most appropriate alternative means. Such alternative means should entail, inter alia, transmission being performed as swiftly as possible and in a secure manner by other secure electronic means or, by postal service or by transmission in person where such transmission is possible.
2022/11/24
Committee: JURILIBE
Amendment 109 #

2021/0394(COD)

Proposal for a regulation
Recital 17
(17) For the purpose of facilitating access of natural and legal persons to the competent authorities, this Regulation should establish an access point at Union level (European electronic access point), as part of the decentralised IT system through which natural and legal persons should be able to file claims, launch requests, send and receive procedurally relevant information and communicate with the competent authorities, for cases covered by this Regulation. The European electronic access point should be hosted on the European e-Justice Portal, which serves as a one-stop-shop for judicial information and services in the Union. The e-Justice portal should contain information on possible training courses on how to use the decentralised IT system for natural and legal persons involved in a cross-border judicial case and on how to access the platform. It should also have a helpline that enables citizens to obtain assistance on how to use the decentralised IT system.
2022/11/24
Committee: JURILIBE
Amendment 113 #

2021/0394(COD)

Proposal for a regulation
Recital 18
(18) Member States should be responsible for the establishment, maintenance and development of national electronic portals (national IT portals) for the purposes of electronic communication between natural and legal persons and the respective authorities which are competent in the proceedings under the legal acts listed in Annex I, as well as for the training of competent authorities and citizens involved in a cross border judicial procedure that uses the decentralised IT system.
2022/11/24
Committee: JURILIBE
Amendment 129 #

2021/0394(COD)

Proposal for a regulation
Recital 21 a (new)
(21 a) Each Member State should bear the costs of establishing and adjusting its national IT systems to make them interoperable with the access points, should bear the costs of administering, operating and maintaining those systems, and should organise training courses for legal representatives, competent authorities and citizens on how to use those national IT systems.
2022/11/24
Committee: JURILIBE
Amendment 133 #

2021/0394(COD)

Proposal for a regulation
Recital 24
(24) For the purposes of facilitating payment of fees in cases with cross-border implications falling under the scope of the Union legal acts in civil and commercial matters, electronic payment of fees should be possible in an online environment by accessible payment methods widely available throughout the Union, such as credit cards, debit cards, e-wallet and bank transfers.
2022/11/24
Committee: JURILIBE
Amendment 165 #

2021/0394(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. Where electronic communication in accordance with paragraph 1 is not possible due to the disruption of the decentralised IT system, the nature of the transmitted material or exceptional circumstances or where such electronic communication is otherwise inappropriate on account of the specific circumstances of the case, as assessed by the national competent authorities, the transmission shall be carried out by the swiftest, most appropriate alternative means, taking into account the need to ensure a secure and reliable exchange of information.
2022/11/24
Committee: JURILIBE
Amendment 175 #

2021/0394(COD)

Proposal for a regulation
Article 3 – paragraph 3 a (new)
3 a. The means of communication used to share evidence shall not affect the validity and admissibility of the evidence exchanged, as long as those means are secure and reliable.
2022/11/24
Committee: JURILIBE
Amendment 185 #

2021/0394(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. A European electronic access point shall be established on the European e- Justice Portal, to be used for electronic communication between natural or legal persons and competent authorities in cases falling under the scope of the legal acts listed in Annex I. That European electronic access point shall be such as to meet the accessibility requirements set out in Annex I to Directive (EU) 2019/882 of the European Parliament and of the Council1a. _________________ 1a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
2022/11/24
Committee: JURILIBE
Amendment 193 #

2021/0394(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. The Commission shall be responsible for the technical management, development, accessibility, maintenance, security and support of the European electronic access point.
2022/11/24
Committee: JURILIBE
Amendment 201 #

2021/0394(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part
1. Written communication between natural or legal persons, members of the legal professions and competent authorities falling within the scope of the legal acts listed in Annex I, may be carried out by the following electronic means:
2022/11/24
Committee: JURILIBE
Amendment 210 #

2021/0394(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. Competent authorities shall communicate with natural and legal persons through the European electronic access point, where that natural or legal person gave prior express consent to the use of this means of communication, and that means of communication is accessible to any person with a disability.
2022/11/24
Committee: JURILIBE
Amendment 227 #

2021/0394(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) such technology is available, and meets the accessibility requirements set out in Annex I to Directive (EU) 2019/882, and
2022/11/24
Committee: JURILIBE
Amendment 230 #

2021/0394(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
(b a) procedural safeguards requested by a party with disabilities are granted.
2022/11/24
Committee: JURILIBE
Amendment 245 #

2021/0394(COD)

Proposal for a regulation
Article 7 – paragraph 4 a (new)
4 a. Member States shall ensure that the use of videoconference or other distance communication technology is accessible for any person with a disability.
2022/11/24
Committee: JURILIBE
Amendment 295 #

2021/0394(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Member States shall provide for technical and accessible means allowing the payment of the fees referred to in paragraph 1 through the European electronic access point.
2022/11/24
Committee: JURILIBE
Amendment 299 #

2021/0394(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)
(a a) a) the technical specifications ensuring the accessibility of the decentralised IT system for any person with a disability using the platform;
2022/11/24
Committee: JURILIBE
Amendment 307 #

2021/0394(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. The Commission shall be responsible for the creation, accessibility, maintenance and development of reference implementation software which Member States may choose to apply as their back- end system instead of a national IT system. The creation, maintenance and development of the reference implementation software shall be financed from the general budget of the Union. The Commission shall also ensure that Member States provide adequate training courses for competent authorities, legal representatives and any person using the decentralised IT system, and shall support the Member States in providing those training courses, in order to ensure that that IT system functions correctly and efficiently.
2022/11/24
Committee: JURILIBE
Amendment 309 #

2021/0394(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. Each Member State shall bear the costs of establishing and adjusting its national IT systems to make them interoperable with the access points, and shall bear the costs of administering, operating and maintaining those systems, as well as organise training courses for legal representatives, competent authorities and citizens on how to use those national IT systems.
2022/11/24
Committee: JURILIBE
Amendment 74 #

2021/0391(COD)

Proposal for a regulation
Recital 3
(3) The Union aquis provides for two legal frameworks to set up JITs with the participation of at least two Member States: Council Framework Decision 2002/465/JHA19 and Article 13 of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union on Mutual Assistance in Criminal Matters between the Member States of the European Union20 . The Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations20a (Naples II Convention) is also covered by this Regulation. Third countries can be involved in JITs as parties where there is a legal basis for such involvement, such as Article 20 of the Second Additional Protocol of the 1959 Council of Europe Convention21 and Article 5 of the Agreement on Mutual Legal Assistance between the European Union and the United States of America22 . _________________ 19 Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (OJ L 162, 20.6.2002, p. 1). 20 OJ C 197, 12.7.2000, p. 3. 20a OJ C 24, 23.1.1998, p. 2. 21 CET No 182 22 OJ L 181, 19.7.2003, p. 34.
2022/07/07
Committee: LIBE
Amendment 84 #

2021/0391(COD)

Proposal for a regulation
Recital 13
(13) From a technical perspective, the JITs collaboration platform should be accessible via a secure connection over the internet and should be composed of a centralised information system, accessible through a web portal, communication software for mobile and desktop devices that includes a machine translation functionality for the working languages of the institutions of the Union, and a connection between the centralised information system and relevant IT tools, supporting the functioning of JITs and managed by the JIT Secretariat.
2022/07/07
Committee: LIBE
Amendment 90 #

2021/0391(COD)

Proposal for a regulation
Recital 19
(19) When designing the JITs collaboration platform, eu-LISA should ensure technical interoperability with SIENAIn order to ensure the widest possible participation of the relevant actors in the Union and to avoid duplication of the use of data in different systems, eu-LISA should establish the necessary technical standards when designing the JITs collaboration platform, for which Europol should ensure that SIENA complies with those technical standards and is able to establish secure channels to interact with the envisaged platform. This interaction should respect the foreseen access rights and data classification rules established for the two systems. The Commission should ensure that the legislative financial statement annexed to the proposal for this Regulation reflects the budgetary impact of this requirement on both agencies.
2022/07/07
Committee: LIBE
Amendment 103 #

2021/0391(COD)

Proposal for a regulation
Recital 36
(36) The Commission should determine the date of the start of operations of the JITs collaboration platform once it is satisfied that the technical requirements as adopted in the relevant implementing acts necessary for the technical development of the JITs collaboration platform have been adopimplemented and eu- LISA has carried out a comprehensive testrial period of the JITs collaboration platform, in cooperation with the Member States. Upon the adoption of this Regulation, eu- LISA shall immediately start its activities regarding the design and implementation of the JITs collaboration platform with a view to render the project operational as soon as possible, and not later than 1 January 2025, including by making use of tailored and customised off-the-shelf products. Acknowledging that this puts a strain on eu-LISA’s operations, the Commission should ensure that the budgetary impact related to a shorter implementation period than foreseen in the impact assessment requested from eu- LISA is assessed in close cooperation with eu-LISA both from budgetary and human resources point of view and reflected in the legislative financial statement of the proposal for this Regulation prior to the adoption of this Regulation. Furthermore, the legislative financial statement of the proposal for this Regulation should allow eu-LISA to recruit technical staff necessary for the preparation of necessary contracts, organisation of the project, and the technical design of the platform as soon as soon as possible.
2022/07/07
Committee: LIBE
Amendment 108 #

2021/0391(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) establishes an IT platform (the ‘JITs collaboration platform’), to be used on a voluntary basis, to facilitate the cooperation of competent authorities participating in Joint Investigation Teams (‘JITs’) set up on the basis of Article 13 of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union or on Framework Decision 2002/465/JHA and, for cases in which specialised customs JITs are created, on the basis of Article 24 of the Naples II Convention;
2022/07/07
Committee: LIBE
Amendment 122 #

2021/0391(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b
(b) a communication software, which allows for local storage of communication data and instant machine translation in all working languages of the institutions of the Union for communication purposes;
2022/07/07
Committee: LIBE
Amendment 127 #

2021/0391(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
(c a) an ability for the Secure Information Exchange Network Application (SIENA) to establish a connection with the centralised information system, fulfilling the legal access requirements and data classification rules established for the two systems.
2022/07/07
Committee: LIBE
Amendment 141 #

2021/0391(COD)

Proposal for a regulation
Article 7 – paragraph 7 a (new)
7 a. eu-LISA shall set up a dedicated support focal point which shall be responsible for recording, investigating, and mitigating incidents reported to it in a timely manner.
2022/07/07
Committee: LIBE
Amendment 152 #

2021/0391(COD)

Proposal for a regulation
Article 11 – paragraph 2 a (new)
2 a. After the start of operations of the JITs collaboration platform, the Advisory Group shall continue its advisory role relating to the operational use of the platform, including the evaluations thereof and possible technical issues. During this time, the Advisory Group shall report directly to eu-LISA's Management Board on a regular basis.
2022/07/07
Committee: LIBE
Amendment 240 #

2021/0250(COD)

Proposal for a directive
Recital 12
(12) The Member States remain the best placed to identify, assess, understand and decide how to mitigate risks of money laundering and terrorist financing affecting them directly. Therefore, each Member State should take the appropriate steps in an effort to properly identity, assess and understand its money laundering and terrorist financing risks, as well as risks of non-implementation and evasion of targeted financial sanctions and to define a coherent national strategy to put in place actions to mitigate those risks. Such national risk assessment should be updated regularly and should include a description of the institutional structure and broad procedures of the Member State's AML/CFT regime, as well as the allocated human and financial resources to the extent that this information is available.
2022/06/27
Committee: ECONLIBE
Amendment 272 #

2021/0250(COD)

Proposal for a directive
Recital 28 a (new)
(28a) Investigative journalists and civil society play an essential role in preventing and uncovering money laundering and terrorism financing. Insofar as the disclosure and publication of beneficial ownership information has legitimate public interest purposes, Member States should ensure these categories can exercise proper scrutiny and are not hindered in their work. Charging a fee for access to information restricts the ability of civil society and the media to analyse the data contained in the central registers in order to spot inaccuracies, to identify wrong doing and to provide recommendations for improving the registers.
2022/06/27
Committee: ECONLIBE
Amendment 275 #

2021/0250(COD)

Proposal for a directive
Recital 30
(30) Confidence in financial markets from investors and the general public depends in large part on the existence of an accurate disclosure regime that provides transparency in the beneficial ownership and control structures of corporate and other legal entities as well as certain types of trusts and similar legal arrangements. Member States should therefore allow access to beneficial ownership information in a sufficiently coherent and coordinated way, by establishing confidence rules of access by the public, so that third parties are able to ascertain, throughout the Union, who are the beneficial owners of corporate and other legal entities, as well as, provided that there is a legitimate interest, of certain types of trusts and similar legal arrangements.
2022/06/27
Committee: ECONLIBE
Amendment 276 #

2021/0250(COD)

Proposal for a directive
Recital 31
(31) With regard to corporate and other legal entities, a fair balance should be sought in particular between the general public interest in the prevention of money laundering and terrorist financing and the data subjects’ fundamental rights. The set of data to be made available to the public should be limited, clearly and exhaustively defined, and should be of a general nature, so as to minimise the potential prejudice to the beneficial owners. At the same time, information made accessible to the public should not significantly differ from the data currently collected. In order to limit the interference with the right to respect for their private life in general and to protection of their personal data in particular, that information should relate essentially to the status of beneficial owners of corporate and other legal entities and should strictly concern the sphere of economic activity in which the beneficial owners operate. In cases where the senior managing official has been identified as the beneficial owner only ex officio and not through ownership interest held or control exercised by other means, this should be clearly visible in the registers and a suspicious transaction report should be filed.
2022/06/27
Committee: ECONLIBE
Amendment 278 #

2021/0250(COD)

Proposal for a directive
Recital 32
(32) In case of express trusts and similar legal arrangements, the information should also be accessible to any member of the general public, provided that the legitimate interest can be demonstrated. This should include situations where natural or legal persons file a request in relation to a trust or similar legal arrangement which holds or owns a controlling interest in a legal entity incorporated or created outside the Union through direct or indirect ownership, including through bearer shareholding, or through control via other means. The interpretation of the legitimate interest by the Member States should not restrict the concept of legitimate interest to cases of pending administrative or legal proceedings, and should enable to take into account the preventive work in the field of anti-money laundering and its predicate offences and counter-terrorist financing undertaken by non- governmental organisations and investigative journalists. While trusts and other legal arrangements can be used in complex corporate structures, their primary objective remains the management of individual wealth. In order to adequately balance the legitimate aim of preventing the use of the financial system for the purposes of money laundering or terrorist financing, which public scrutiny enhances, and the protection of fundamental rights of individuals, in particular the right to privacy and protection of personal data, it is necessary to provide for the demonstration of a legitimate interest in accessing beneficial ownership information of trusts and other legal arrangementsRegisters should share enough data with the public to allow them to participate in oversight, such as red-flagging suspicious patterns that law enforcement officials can take forward.
2022/06/27
Committee: ECONLIBE
Amendment 279 #

2021/0250(COD)

Proposal for a directive
Recital 33
(33) In order to ensure that the information available to the public allows the correct identification of the beneficial owner, a minimum set of data should be accessible to the public. Such data should allow for the unequivocal identification of the beneficial owner, whilst minimising the amount of personal data publicly accessible. In the absence of information pertaining to the name, the month and year of birth and the country of residence and nationality of the beneficial owner, it would not be possible to establish unambiguously who the natural person being the beneficial owner is. Similarly, the absence of information on the nature and extent of beneficial interest held, including information on ownership and control chain, would make it impossible to determine why that natural person should be identified as being the beneficial owner. Therefore, in order to avoid misinterpretations of the beneficial ownership information publicly available and to ensure a proportionate disclosure of personal data consistent across the Union, it is appropriate to lay down the minimum set of data that can be accessed by the public.
2022/06/27
Committee: ECONLIBE
Amendment 281 #

2021/0250(COD)

Proposal for a directive
Recital 35
(35) Moreover, with the aim of ensuring a proportionate and balanced approach and to guarantee the rights to private life and personal data protection, it should be possible for Member States tocan provide for exemptions to the disclosure of the personal information on the beneficial owner through the registers of beneficial ownership information and to access to such information, in exceptional circumstances, where that information would expose the beneficial owner to a disproportionate risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation. It should also be possible for Member States to require online registration in order to identify any person who requests information from the register, as well as the payment of a fee for access to the information in the registerSuch exemptions should be granted by competent authorities on a case by case basis and upon a detailed analysis of the nature of the exceptional circumstances in each case.
2022/06/27
Committee: ECONLIBE
Amendment 283 #

2021/0250(COD)

Proposal for a directive
Recital 35 a (new)
(35a) Currently certain Member States require online registration in order to identify any person who requests information from the register, as well as the payment of a fee to obtain the information from the register. Identification of users can be a legitimate requirement but it should not lead to discrimination based on their country of residence or nationality. Furthermore, requirements linked to registration or to fees to be paid can impede access to the beneficial owner registers and may undermine their public character.
2022/06/27
Committee: ECONLIBE
Amendment 284 #

2021/0250(COD)

Proposal for a directive
Recital 35 b (new)
(35b) In order to enhance the detection and investigation of money laundering and financial crime and enable public scrutiny, central registers of beneficial owners need to be accessible to the public in open repositories and made available for downloads in machine-readable formats. It should, however, be possible for the Member States to provide for differentiation of the type of data available to the public and to the law enforcement authorities. By virtue of article 18 TFEU, access to information contained in central registers cannot be prohibited on grounds of nationality or residency.
2022/06/27
Committee: ECONLIBE
Amendment 285 #

2021/0250(COD)

Proposal for a directive
Recital 36
(36) Directive (EU) 2018/843 achieved the interconnection of Member States’ central registers holding beneficial ownership information through the European Central Platform established by Directive (EU) 2017/1132 of the European Parliament and of the Council30 . It is essential that the European Central Platform serves as a central search service making available all information related to beneficial ownership to competent authorities, self-regulatory bodies and obliged entities. Continued involvement of Member States in the functioning of the whole system should be ensured by means of a regular dialogue between the Commission and the representatives of Member States on the issues concerning the operation of the system and on its future development. The European Parliament should be informed about the evolution of this dialogue. _________________ 30 Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law (OJ L 169, 30.6.2017, p. 46).
2022/06/27
Committee: ECONLIBE
Amendment 292 #

2021/0250(COD)

Proposal for a directive
Recital 41
(41) Through the interconnection of Member States’ centralised automated mechanisms, the national FIUs and other competent national authorities designated according to Directive 2019/1153 1a would be able to obtain swiftly cross-border information on the identity of holders of bank and payment accounts and safe deposit boxes in other Member States, which would reinforce their ability to effectively carry out financial analysis and, detect, investigate or prosecute criminal offences, as well as cooperate with their counterparts from other Member States. Direct cross-border access to information on bank and payment accounts and safe deposit boxes would enable the Financial Intelligence Units to produce financial analysis within a sufficiently short timeframe to detect potential money laundering and terrorist financing cases and guarantee a swift law enforcement action. _________________ 1a Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA, OJ L 186, 11.7.2019, p. 122–137.
2022/06/27
Committee: ECONLIBE
Amendment 293 #

2021/0250(COD)

Proposal for a directive
Recital 42
(42) In order to respect the right to the protection of personal data and the right to privacy, and to limit the impact of cross- border access to the information contained in the national centralised automated mechanisms, the scope of information accessible through the bank account registers (BAR) central access point would be restricted to the minimum necessary in accordance with the principle of data minimisation in order to allow the identification of any natural or legal persons holding or controlling payment accounts and bank accounts identified by IBAN and safe-deposit boxes. Furthermore, only FIUsIUs and the other competent authorities designated according to Directive 2019/1153 should be granted immediate and unfiltered access to the central access point. Member States should ensure that the FIUs’ staff maintain high professional standards of confidentiality and data protection, that they are of high integrity and are appropriately skilled. Moreover, Member States should put in place technical and organisational measures guaranteeing the security of the data to high technological standards.
2022/06/27
Committee: ECONLIBE
Amendment 299 #

2021/0250(COD)

Proposal for a directive
Recital 44 a (new)
(44a) Certain goods registered under national law can be attractive commodities for criminals to launder the proceeds of their illicit activities. Member States should provide for systems to aggregate information on ownership of those goods, for example watercraft and aircraft. Member States should also consider aggregating, through registers or other systems, information on ownership of certain goods of high value, particularly insured goods. Proper and timely identification of natural persons who are beneficial owners of those goods by FIUs and other competent authorities is important both for detecting money laundering schemes and for freezing assets. It is therefore important for Member States to provide FIUs and competent authorities with access to information which allows the identification in a timely manner of natural or beneficial ownership of certain goods and to information relevant for the identification of the risk and suspicion of transactions. AMLA shall develop draft regulatory standards by [1year after the date of entry into force of this Directive] for a specific set of assets, which shall include at a minimum, personal vehicles, aircrafts, watercrafts, jewellery and certain types of artwork.
2022/06/27
Committee: ECONLIBE
Amendment 312 #

2021/0250(COD)

Proposal for a directive
Recital 50 a (new)
(50a) For FIUs to carry out their tasks effectively, given the cross-border nature of many transactions, they must cooperate with each other and with competent authorities, including law enforcement, but also tax and customs authorities, Europol and the European Anti-Fraud Office, in a more meaningful and efficient manner. Cooperation with FIUs of third countries is also essential in order to fight money laundering and terrorist financing at a global level and to comply with international AML/FT standards. Member States shall enable, through their legislation, such cooperation and empower their FIUs to enter into effective cooperation arrangements.
2022/06/27
Committee: ECONLIBE
Amendment 317 #

2021/0250(COD)

Proposal for a directive
Recital 54
(54) The movement of illicit money traverses borders and may affect different Member States. The cross-border cases, involving multiple jurisdictions, are becoming more and more frequent and increasingly significant, also due to the activities carried out by obliged entities on a cross-border basis. In order to deal effectively with cases that concern several Member States, FIUs should be able to go beyond the simple exchange of information for the detection and analysis of suspicious transactions and activities and share the analytical activity itself. FIUs have reported certain important issues which limit or condition the capacity of FIUs to engage in joint analysis. Carrying out joint analysis of suspicious transactions and activities will enable FIUs to exploit potential synergies, to use information from different national and EU sources, to obtain a full picture of the anomalous activities and to enrich the analysis. FIUs should be able to conduct joint analyses of suspicious transactions and activities and to set up and participate in joint analysis teams for specific purposes and limited period with the assistance of AMLA. The participation of third parties may be instrumental for the successful outcome of joint analyses. Therefore, FIUs may invite third parties to take part in the joint analysis where such participation would fall within the respective mandates of those third parties.
2022/06/27
Committee: ECONLIBE
Amendment 331 #

2021/0250(COD)

Proposal for a directive
Recital 75
(75) The new fully-integrated and coherent anti-money laundering and counter-terrorist financing policy at Union level, with designated roles for both Union and national competent authorities and with a view to ensure their smooth and constant cooperation. In that regard, cooperation between all national and Union AML/CFT authorities is of the utmost importance and should be clarified and enhanced. Internally, it remains the duty of Member States to provide for the necessary rules to ensure that policy makers, the FIUs, supervisors, including AMLA, and other competent authorities involved in AML/CFT, as well as tax authorities and law enforcement authorities when acting within the scope of this Directive, have effective mechanisms to enable them to cooperate and coordinate, including with other EU bodies and through a restrictive approach to the refusal by competent authorities to cooperate and exchange information at the request of another competent authority.
2022/06/27
Committee: ECONLIBE
Amendment 336 #

2021/0250(COD)

Proposal for a directive
Recital 84
(84) The effectiveness of the Union AML/CFT framework relies on the cooperation between a wide array of competent authorities. To facilitate such cooperation, AMLA should be entrusted to develop guidelines in coordination with the ECB, the European Supervisory Authorities, Europol, Eurojust, and the European Public Prosecutor’s Office on cooperation between all competent authorities at national and EU level. Such guidelines should also describe how authorities competent for the supervision or oversight of obliged entities under other Union acts should take into account money laundering and terrorist financing concerns in the performance of their duties.
2022/06/27
Committee: ECONLIBE
Amendment 400 #

2021/0250(COD)

Proposal for a directive
Article 7 – paragraph 3
3. The Commission shall make recommendations to Member States on the measures suitable for addressing the identified risks. Member States shall endeavour to follow these recommendations. In the event that Member States decide not to apply any of the recommendations in their national AML/CFT regimes, they shall notify the Commission thereof and provide a justification stating legitimate reasons for such a decision.
2022/06/27
Committee: ECONLIBE
Amendment 403 #

2021/0250(COD)

Proposal for a directive
Article 7 – paragraph 4
4. By [3 years after the date of transposition of this Directive], AMLA, in cooperation with other EU bodies involved in the AML/CFT framework such as Europol, shall issue an opinion addressed to the Commission on the risks of money laundering and terrorist financing affecting the Union. Thereafter, AMLA shall issue an opinion every two years.
2022/06/27
Committee: ECONLIBE
Amendment 420 #

2021/0250(COD)

Proposal for a directive
Article 8 – paragraph 4 – point b a (new)
(ba) identify the typical ownership and control structure of local legal persons, according to the following factors: (i) number of layers of ownership (ii) type of legal vehicle in each layer (e.g. company, trust, partnership, etc.) (iii) nationality of layers (iv) number of legal owners and beneficial owners and their nationality and residence
2022/06/27
Committee: ECONLIBE
Amendment 426 #

2021/0250(COD)

Proposal for a directive
Article 8 – paragraph 4 – point c a (new)
(ca) identify patterns of money laundering/terrorism financing and assess trends for the associated risks at national level;
2022/06/27
Committee: ECONLIBE
Amendment 447 #

2021/0250(COD)

Proposal for a directive
Article 9 – paragraph 2 – point b
(b) data measuring the reporting, investigation and judicial phases of the national AML/CFT regime, including the number of suspicious transaction reports made to the FIU and the value of such transactions, the follow-up given to those reports, the information on cross- border physical transfers of cash submitted to the FIU in accordance with Article 9 of Regulation (EU) 2018/1672 together with the follow-up given to the information submitted and, on an annual basis, the number of cases investigated, the number of persons prosecuted, the number of persons convicted for money laundering or terrorist financing offences, the types of predicate offences identified in accordance with Article 2 of Directive (EU) 2018/1673 of the European Parliament and of the Council45 where such information is available, and the value in euro of property that has been frozen, seized or confiscated; _________________ 45 Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law (OJ L 284, 12.11.2018, p. 22).
2022/06/27
Committee: ECONLIBE
Amendment 452 #

2021/0250(COD)

Proposal for a directive
Article 9 – paragraph 2 – point g a (new)
(ga) the number of discrepancies reported to the central register referred to in Article 10, including measures or sanctions imposed by the entity in charge of the central register, the number of on- site and off-site inspections, types of recurrent discrepancies and patterns identified in the verification process by entities in charge of the central register;
2022/06/27
Committee: ECONLIBE
Amendment 457 #

2021/0250(COD)

Proposal for a directive
Article 9 – paragraph 3 – introductory part
3. Member States shall ensure that the statistics referred to in paragraph 2 are collected and transmitted to the Commission on an annual basis. The statistics referred to in paragraph 2, points (a), (c), (d) and (f), shall also be transmitted to AMLA.
2022/06/27
Committee: ECONLIBE
Amendment 461 #

2021/0250(COD)

Proposal for a directive
Article 9 – paragraph 6
6. The Commission shall publish a biennial report summarising and explaining the statistics referred to in paragraph 2, which shall be made available on its website and shall be submitted to the European Parliament and to the Council.
2022/06/27
Committee: ECONLIBE
Amendment 467 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 1 – introductory part
1. Member States shall ensure that beneficial ownership information referred to in Article 44 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] and information on nominee arrangements referred to in Article 47 of that Regulation is held in a central register in the Member State where the legal entity is incorporated or where the trustee or person holding an equivalent position in a similar legal arrangement is established or resides. Such requirement shall not apply to companies listed on a regulated market that are subject to disclosure requirements equivalent to the requirements laid down in this Directive or subject to equivalent international standards ensuring disclosure of natural persons in control.
2022/06/27
Committee: ECONLIBE
Amendment 476 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 3 – introductory part
3. WIn addition to the STRs filed on the grounds laid out in Articles 17 and 45 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420] , where no person is identified as beneficial owner pursuant to Article 45(2) and (3) of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final], the central register shall include:
2022/06/27
Committee: ECONLIBE
Amendment 483 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 3 – point a
(a) a statement accompanied by a justification and supporting documents, that there is no beneficial owner or that the beneficial owner(s) could not be identified and verified;
2022/06/27
Committee: ECONLIBE
Amendment 487 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 4
4. The Commission is empowered to adopt, by means of implementing acts, the format for the submission of beneficial ownership information referred to in Article 44 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation] to the central register. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 54(2).
2022/06/27
Committee: ECONLIBE
Amendment 501 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 5 – point b
(b) competent authorities, if appropriate and to the extent that this requirement does not interfere unnecessarily with their functions, shall report to the entity in charge of the central registers any discrepancies they find between beneficial ownership information available in the central registers and the beneficial ownership information available to them.
2022/06/27
Committee: ECONLIBE
Amendment 521 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 8
8. In the case of corporate and other legal entities and, where the trustee is an obliged entity as listed in Article 3, point 3 of Regulation[please insert reference - proposal for Anti-Money Laundering Regulation -COM/2021/420 final], Member States shall ensure that the entity in charge of the central beneficial ownership register is empowered to request documents, to carry out checks, including on-site investigations, at the premises or registered office of the legal entity, at the premises of relevant obliged entities as listed in Article 3 of Regulation[please insert reference - proposal for Anti-Money Laundering Regulation -COM/2021/420 final], in accordance with national law, or at the premises of the legal entities’ representatives in the Union in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate, adequate and up-to- date. The right of the central register to verify such information shall not be restricted, obstructed or precluded in any manner and the central register shall be empowered to request information from other entities, including in other Member States and third countries, in particular through the establishment of cooperation agreements.
2022/06/27
Committee: ECONLIBE
Amendment 533 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 9
9. Member States shall ensure that the entity in charge of the central register is empowered to impose effective, proportionate and dissuasive measures or sanctions for failures to provide the register with accurate, adequate and up-to-date information about their beneficial ownership. Sanctions shall include monetary penalties and restrictions in the access to certain professions and in the exercise of certain functions within a legal entity or arrangement, restrictions in the exercise of ownership rights of a legal entity or in the ability to receive dividends, suspending or discontinuing activities. In the event of repeated failures to ensure that the register contains up-to-date, accurate and adequate information, sanctions shall be increased to ensure compliance. By [1 year after entry into force of this Directive], AMLA shall adopt draft regulatory technical standards regarding indicators to classify the level of gravity of breach and criteria for such repeated failures and submit them to the Commission for adoption. The Commission is empowered to supplement this Directive by adopting the regulatory standards referred to in the first subparagraph in accordance with Articles 38 to 41 of Regulation [please insert reference - proposal for establishment of an Anti-Money Laundering Authority - COM/2021/421 final].
2022/06/27
Committee: ECONLIBE
Amendment 548 #

2021/0250(COD)

Proposal for a directive
Article 11 – paragraph 1
1. Member States shall ensure that competent authorities, including procurement agencies, have timely, unrestricted and free access to the information held in the interconnected central registers referred to in Article 10, without alerting the entity or arrangement concerned.
2022/06/27
Committee: ECONLIBE
Amendment 574 #

2021/0250(COD)

Proposal for a directive
Article 12 – paragraph 2
2. Member States may choose toshall make beneficial ownership information held in their central registers available to the public on the condition of authentication using electronic identification means and relevant trust services as set out in Regulation (EU) 910/2014 of the European Parliament and of the Council46 and the payment of a fee, which shall not exceed the administrative costs of making the information available, including costs of maintenance and devels referred to in paragraph 1 accessible to the public, free of charge, in opments of the register. _________________ 46 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73) repositories, available for bulk down loads in machine-readable formats.
2022/06/27
Committee: ECONLIBE
Amendment 579 #

2021/0250(COD)

Proposal for a directive
Article 12 – paragraph 2 a (new)
2a. Users from other Member States should not be prevented from accessing the central registers.
2022/06/27
Committee: ECONLIBE
Amendment 583 #

2021/0250(COD)

Proposal for a directive
Article 13 a (new)
Article 13a Evaluation of the functioning of beneficial owners registers By [3 years after the entry into force of this Directive], the Commission, in cooperation with AMLA, will conduct an assessment of the functioning of the beneficial owners registers established in Member States, as well as of the interconnected system for searches through the European Central Platform. On the basis of this assessment, the Commission shall present to the Council and the European Parliament a report with recommendations for improvement of the central registers established at national level, as well as for the interconnexion through the European Central Platform. The report should also address the opportunity of establishing a central register at EU level.
2022/06/27
Committee: ECONLIBE
Amendment 612 #

2021/0250(COD)

Proposal for a directive
Article 15 – paragraph 1 – point b
(b) the common criteria according to which beneficial ownership information is available through the system of interconnection of registers, depending on the level of access granted by Member States;
2022/06/27
Committee: ECONLIBE
Amendment 615 #

2021/0250(COD)

Proposal for a directive
Article 15 – paragraph 1 – point e
(e) the technical modalities to implement the different types of access to information on beneficial ownership in accordance with Articles 11 and 12 of this Directive, including the authentication of users through the use of electronic identification means and relevant trust services as set out in Regulation (EU) 910/2014. These modalities should ensure that users from other Member States are not prevented from accessing the information;
2022/06/27
Committee: ECONLIBE
Amendment 619 #

2021/0250(COD)

Proposal for a directive
Article 15 – paragraph 1 – point f
(f) the payment modalities where access to beneficial ownership information is subject to the payment of a fee according to Article 12(2) taking into account available payment facilities such as remote payment transactions.deleted
2022/06/27
Committee: ECONLIBE
Amendment 629 #

2021/0250(COD)

Proposal for a directive
Article 16 – paragraph 1 – introductory part
1. Member States shall provide FIUs and other competent authorities with access to informationunrestricted and free access to information via a single access point in each Member State which allows the identification in a timely manner of any natural or legal person owning real estate, including through registers or electronic data retrieval systems where such registers or systems are available. Competent authorities shall also have access to information allowing the identification and analysis of transactions involving real estate, including their economic value and details of the natural or legal persons involved in those transactions including, where available, whether the natural or legal person owns, sells or acquires real estate on behalf of a legal arrangement.
2022/06/27
Committee: ECONLIBE
Amendment 644 #

2021/0250(COD)

Proposal for a directive
Article 16 a (new)
Article 16a Access to beneficial ownership information of certain assets 1. Member States shall provide competent authorities with real-time access to information to the beneficial owners of legal persons or arrangements owning high-value assets, in particular: (a) Tangible assets such as watercrafts, aircrafts, personal vehicles, works of art, jewellery. (b) Intangible assets such as financial products and crypto assets. The Commission shall adopt by [2 years after the entry into force of this Directive] an implementing act laying down a list of specific high-value assets which this Directive applies The list of high-value assets shall be reviewed every three years thereafter. 2. Member States shall ensure that information referred to in paragraph 1 is available to competent authorities, either through registers or electronic data retrieval systems. FIUs shall be granted direct and immediate access to the information referred to in this first subparagraph.
2022/06/27
Committee: ECONLIBE
Amendment 673 #

2021/0250(COD)

Proposal for a directive
Article 17 – paragraph 7 a (new)
7a. AMLA shall coordinate the organisation of periodical peer reviews of FIUs for the purposes of assessing whether the requirements set out in this article have been fulfilled.
2022/06/27
Committee: ECONLIBE
Amendment 722 #

2021/0250(COD)

Proposal for a directive
Article 19 – paragraph 1 – introductory part
1. Member States shall ensure that FIUs respond in a timely manner, and in any case no later than seven days, to reasoned requests for information by other competent authorities in their respective Member State or Union authorities competent for investigating or prosecuting criminal activities when such requests for information are motivated by concerns relating to money laundering, its predicate offences or terrorist financing or when this information is necessary for the competent authority to perform its tasks under this Directive. The decision on conducting the dissemination of information shall remain with the FIU.
2022/06/27
Committee: ECONLIBE
Amendment 746 #

2021/0250(COD)

Proposal for a directive
Article 20 – paragraph 3
3. Member States shall provide for the effective possibility for the person whose bank or payment account is affected to challenge the suspension before a court in accordance with procedures provided for in national law. Member States shall also provide for the procedures for notification of the FIU's decision to the concerned person.
2022/06/27
Committee: ECONLIBE
Amendment 752 #

2021/0250(COD)

Proposal for a directive
Article 20 – paragraph 4
4. FIUs shall be empowered to impose the suspensions referred to in paragraphs 1 and 2, directly or indirectly, at the request of an FIU from another Member State under the conditions specified in the national law of the FIU receiving the request. The possibility provided in point 3 of this article should apply also in this case.
2022/06/27
Committee: ECONLIBE
Amendment 773 #

2021/0250(COD)

Proposal for a directive
Article 22 – paragraph 1
Member States shall ensure that FIUs cooperate with each other and with their counterparts in third countries to the greatest extent possible and in a timely manner, regardless of their organisational status. To this end, they should provide for effective arrangements for cross-border and international cooperation.
2022/06/27
Committee: ECONLIBE
Amendment 826 #

2021/0250(COD)

Proposal for a directive
Article 31 – paragraph 6 a (new)
6a. Member States shall ensure that Supervisors, self-regulatory bodies, and authorities overseeing self-regulatory bodies as referred to in Article 38, produce a detailed annual activity report and that a summary of that report is made publicly available. The summary of the report referred to in the first subparagraph shall present: (a) the tasks of the supervisors; (b) an overview of its supervisory activities; (c)the number of on-site and off-site supervisory actions including patterns identified after inspections; (d) the number of breaches identified on the basis of supervisory actions and sanctions or administrative measures applied by supervisory authorities and self-regulatory bodies pursuant to Section 4 of Chapter IV. The annual activity report referred to in the first subparagraph shall be transmitted to the designated authority or mechanism referred to in Article 8(2) and to AMLA. The designated authority shall provide feedback and propose possible improvements, and shall be able to make recommendations to change the allocation of supervisory responsibilities and the arrangements for carrying out supervisory tasks.
2022/06/27
Committee: ECONLIBE
Amendment 881 #

2021/0250(COD)

Proposal for a directive
Article 38 – paragraph 3 – point b
(b) issue instructions to a self- regulatory body for the purpose of remedying a failure to perform its functions under Article 29(1) or to comply with the requirements of paragraph 5 and 6 of that Article, or to prevent any such failures. When issuing such instructions, the authority shall consider any relevant guidance it provided or that has been provided by AMLA.
2022/06/27
Committee: ECONLIBE
Amendment 894 #

2021/0250(COD)

Proposal for a directive
Article 40 – paragraph 1 – point d
(d) Section 1 of Chapter II (internal controlpolicies, controls and procedures of obliges entities).
2022/06/27
Committee: ECONLIBE
Amendment 932 #

2021/0250(COD)

Proposal for a directive
Article 43 – paragraph 1 – introductory part
1. Member States shall ensure that supervisory authorities, FIUs, as well as, where applicable, self-regulatory bodies, establish effective and reliable mechanisms to encourage the reporting of potential and actual breaches of this Directive and Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final].
2022/06/27
Committee: ECONLIBE
Amendment 938 #

2021/0250(COD)

Proposal for a directive
Article 43 – paragraph 2 – point b
(b) appropriate protection for employees or persons in a comparable position, of obliged entities who report breaches committed within the obliged entity, as well as for any individual who has independent knowledge or who after independent evaluation of publicly- available information provides information to the competent authorities;
2022/06/27
Committee: ECONLIBE
Amendment 946 #

2021/0250(COD)

Proposal for a directive
Article 45 – paragraph 1
1. Member States shall ensure that policy makers, the FIUs, supervisors, including AMLA, Europol and other competent authorities, as well as tax authorities have effective mechanisms to enable them to cooperate and coordinate domestically and at EU level concerning the development and implementation of policies and activities to combat money laundering and terrorist financing and to prevent the non- implementation and evasion of proliferation financing-related targeted financial sanctions, including with a view to fulfilling their obligations under Article 8.
2022/06/27
Committee: ECONLIBE
Amendment 963 #

2021/0250(COD)

FIU ands, supervisory authorities, as well any other national authority competent in the field of AML/FT shall cooperate with AMLA and shall provide it with all the information necessary to allow it to carry out its duties under this Directive, under Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] and under Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final].
2022/06/27
Committee: ECONLIBE
Amendment 126 #

2021/0239(COD)

Proposal for a regulation
Recital 2
(2) The main challenge identified in respect to the application of the provisions of Directive (EU) 2015/849 laying down obligations for private sector actors, the so- called obliged entities, is the lack of direct applicability of those rules and a fragmentation of the approach along national lines. Whereas those rules have existed and evolved over three decades, they are still implemented in a manner not fully consistent with the requirements of an integrated internal market. Therefore, it is necessary that rules on matters currently covered in Directive (EU) 2015/849 which may be directly applicable by the obliged entities concerned are addressed in a new Regulation in order to achieve the desired uniformity of application and to eliminate divergences and inconsistencies of implementation practices within Member States.
2022/07/04
Committee: ECONLIBE
Amendment 132 #

2021/0239(COD)

Proposal for a regulation
Recital 5
(5) Since the adoption of Directive (EU) 2015/849, recent developments in the Union’s criminal law framework have contributed to strengthening the prevention and fight against money laundering, its predicate offences and terrorist financing. Directive (EU) 2018/1673 of the European Parliament and of the Council25 has led to a common understanding of the money laundering crime and its predicate offences. Directive (EU) 2017/1371 of the European Parliament and of the Council26 defined financial crimes affecting the Union’s financial interest, which should also be considered predicate offences to money laundering. Directive (EU) 2017/541 of the European Parliament and of the Council27 has achieved a common understanding of the crime of terrorist financing. As those concepts are now clarified in Union criminal law, it is no longer needed for the Union’s AML/CFT rules to define money laundering, its predicate offences or terrorist financing. Instead, the Union’s AML/CFT framework should be fully coherent with the Union’s criminal law framework with the aim to improve public safety and protection of EU citizens. _________________ 25 Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law (OJ L 284, 12.11.2018, p. 22). 26 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29). 27 Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
2022/07/04
Committee: ECONLIBE
Amendment 168 #

2021/0239(COD)

Proposal for a regulation
Recital 25
(25) It is important that obliged entities take all measures at the level of their management to implement internal policies, controls and procedures and to implement AML/CFT requirements. While a person at management level should be identified as being responsible for implementing the obliged entity’s policies, controls and procedures, the responsibility for the compliance with AML/CFT requirements should rest ultimately with the governingmanagement body of the entity. Tasks pertaining to the day-to-day implementation of the obliged entity’s AML/CFT policies, controls and procedures should be entrusted to a compliance officer.
2022/07/04
Committee: ECONLIBE
Amendment 190 #

2021/0239(COD)

Proposal for a regulation
Recital 49
(49) In order to protect the proper functioning of the Union financial system from money laundering and terrorist financing, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission to identify third countries, whose shortcomings in their national AML/CFT regimes represent a threat to the integrity of the Union’s internal market. The changing nature of money laundering and terrorist financing threats from outside the Union, facilitated by a constant evolution of technology and of the means at the disposal of criminals, requires that quick and continuous adaptations of the legal framework as regards third countries be made in order to address efficiently existing risks and prevent new ones from arising. The Commission should take into account information from other EU bodies, such as law enforcement agencies, international organisations and standard setters in the field of AML/CFT, such as FATF public statements, mutual evaluation or detailed assessment reports or published follow-up reports, and adapt its assessments to the changes therein, where appropriate.
2022/07/04
Committee: ECONLIBE
Amendment 197 #

2021/0239(COD)

Proposal for a regulation
Recital 52
(52) Countries that are not publicly identified as subject to calls for actions or increased monitoring by international standard setters might still pose a threat to the integrity of the Union’s financial system. To mitigate those risks, it should be possible for the Commission to take action by identifying, based on a clear set of criteria and with the support of AMLA and other EU bodies, such as law enforcement agencies, involved in the AML/CFT framework, third countries posing a specific and serious threat to the Union’s financial system, which may be due to either compliance weaknesses or significant strategic deficiencies of a persistent nature in their AML/CFT regime, and the relevant mitigating measures. Those third countries should be identified by the Commission. According to the level of risk posed to the Union’s financial system, the Commission should require the application of either all enhanced due diligence measures and country-specific countermeasures, as it is the case for high-risk third countries, or country-specific enhanced customer due diligence, such as in the case of third countries with compliance weaknesses.
2022/07/04
Committee: ECONLIBE
Amendment 209 #

2021/0239(COD)

Proposal for a regulation
Recital 60 a (new)
(60a) Business relationships and transactions involving high-net-worth individuals, particularly those designated by EU sanction regime or residing in high risk third countries, who present one or several factors of higher risk could seriously compromise the integrity of the Union’s financial system and cause serious vulnerabilities in the internal market. Obliged entities should therefore apply enhanced customer due diligence measures as laid down in this Regulation with respect to those individuals
2022/07/04
Committee: ECONLIBE
Amendment 211 #

2021/0239(COD)

Proposal for a regulation
Recital 62
(62) Obliged entities may outsource tasks relating to the performance of customer due diligence to an agent or external service provider, such as an AML compliance entity, unless they are established in third countries that are designated as high-risk, as having compliance weaknesses or as posing a threat to the Union’s financial system. These outsourcing activities should support obliged entities, to obtain complete, timely and accurate information by using decision-making tools, such as global news, business, regulatory and legal databases. In the case of agency or outsourcing relationships on a contractual basis between obliged entities and external service providers not covered by AML/CFT requirements, any AML/CFT obligations upon those agents or outsourcing service providers could arise only from the contract between the parties and not from this Regulation. Therefore, the responsibility for complying with AML/CFT requirements should remain entirely with the obliged entity itself. The obliged entity should in particular ensure that, where an outsourced service provider is involved for the purposes of remote customer identification, the risk-based approach is respected.
2022/07/04
Committee: ECONLIBE
Amendment 230 #

2021/0239(COD)

Proposal for a regulation
Recital 73
(73) In view of the specific structure of certain legal entities such as foundations, and the need to ensure sufficient transparency about their beneficial ownership, such entities and legal arrangements similar to trusts should be subject to equivalent beneficial ownership requirements as those that apply to express trusts. However, these requirements shall not lead to excessive burden on civil society organisations, with a restrictive or coercive effect on their work.
2022/07/04
Committee: ECONLIBE
Amendment 231 #

2021/0239(COD)

Proposal for a regulation
Recital 77
(77) Suspicious transactions, including attempted transactions, and other information relevant to money laundering, its predicate offences and terrorist financing, should be reported to the FIU, which should serve as a single central national unit for receiving and, analysing reported suspicions and for disseminating to the competent authorities the results of its analyses. FIU's shall strengthen cooperation with competent authorities to ensure that meaningful information is exchanged in a timely and constructive manner. All suspicious transactions, including attempted transactions, should be reported, regardless of the amount of the transaction. Reported information may also include threshold-based information. The disclosure of information to the FIU in good faith by an obliged entity or by an employee or director of such an entity should not constitute a breach of any restriction on disclosure of information and should not involve the obliged entity or its directors or employees in liability of any kind.
2022/07/04
Committee: ECONLIBE
Amendment 302 #

2021/0239(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 25 – point d – point i a (new)
(ia) other functions falling under the definition of politically exposed person, according to the country of origin;
2022/07/04
Committee: ECONLIBE
Amendment 317 #

2021/0239(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 36 a (new)
(36a) 'AML compliance entity' means an external entity or digital platform, acting in full respect of GDPR, which contributes to the effective compliance with the AML rules of the obliged entities subject to the obligations set out in this Regulation.
2022/07/04
Committee: ECONLIBE
Amendment 343 #

2021/0239(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point e
(e) persons trading in luxury goods and precious metals and stones;
2022/07/04
Committee: ECONLIBE
Amendment 371 #

2021/0239(COD)

1. Member States may decide to exempt, in full or in part,Article 4 deleted Exemptions for certain providers of gambling services fromWith the requirements set out in this Regulation on the basis of the proven low risk posed by the nature and, where appropriate, the scale of operations of such services. 2. Member States shall carry out a risk assessment of gambling services assessing: (a) financing vulnerabilities and mitigating factors of the gambling services; (b) transactions and payment methods used; (c) gambling service is administered. When carrying out such risk assessments, Member States shall take into account the findings of the risk assessment drawn up by the Commission pursuant to Article 7 of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final]. 3. based monitoring activities oexception of casinos, For the purposes of paragraph 1, money laundering and terrorist the risks linked to the size of the the geographical area in which the Member Stake other adequate measures to ensure that the exemptions granted pursuant to this Article are not abused.tes shall establish risk-
2022/07/04
Committee: ECONLIBE
Amendment 391 #

2021/0239(COD)

Proposal for a regulation
Article 6 a (new)
Article 6a Minimum requirements regarding citizenship and residence by investment schemes A Member State whose national law grants citizenship or residence rights in exchange for any kind of investment, such as capital transfers, purchase or renting of property, investment in government bonds, investment in corporate entities, donation or endowment of an activity contributing to the public good and contributions to the state budget, shall ensure that public authorities that process applications for such citizenship and residence rights carry out at least the following measures: (a) require that transactions are carried out by means of a business relationship with an obliged entity established in that Member State; (b) request information from involved obliged entities about customer due diligence measures carried out; (c) obtain and record detailed information, substantiated by verified documents, on the identity of the applicant, on any of the applicant’s business interests and employment activities in the previous 10 years and on the applicant’s source of funds and source of wealth; (d) require clearance from law enforcement authorities, substantiated by evidence of the absence of any criminal activities on the part of the applicant; (e) ensure that the applicant shall not have connections with suspicious activities, including close business relations with persons having a criminal record related to money laundering, terrorist financing or predicate offences, or with individuals designated by EU sanction regimes; (f) any applicant shall be subject to minimum physical presence requirements. The applicant's presence shall be regularly monitored by relevant authorities and non-compliance with physical presence requirements result in the non-granting or withdrawal of citizenship or residence rights.
2022/07/04
Committee: ECONLIBE
Amendment 423 #

2021/0239(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Obliged entities shall appoint one executive member of their board of directors or, if there is no board, of its equivalent governingmanagement body who shall be responsible for the implementation of measures to ensure compliance with this Regulation (‘compliance manager’). Where the entity has no governingmanagement body, the function should be performed by a member of its senior management.
2022/07/05
Committee: ECONLIBE
Amendment 431 #

2021/0239(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. The compliance manager shall be responsible for implementing the obliged entity’s policies, controls and procedures and for receiving information on significant or material weaknesses in such policies, controls and procedures. The compliance manager shall regularly report on those matters to the board of director or equivalent governingmanagement body. For parent undertakings, that person shall also be responsible for overseeing group- wide policies, controls and procedures.
2022/07/05
Committee: ECONLIBE
Amendment 438 #

2021/0239(COD)

Proposal for a regulation
Article 9 – paragraph 3 – introductory part
3. Obliged entities shall have a compliance officer, to be appointed by the board of directors or governingmanagement body, who shall be in charge of the day-to-day operation of the obliged entity’s anti- money laundering and countering the financing of terrorism (AML/CFT) policies. That person shall also be responsible for reporting suspicious transactions to the Financial Intelligence Unit (FIU) in accordance with Article 50(6).
2022/07/05
Committee: ECONLIBE
Amendment 462 #

2021/0239(COD)

Proposal for a regulation
Article 15 – paragraph 1 a (new)
1a. By way of derogation from points (a), (b) and (c) of paragraph 1 and Article 19, and based on an appropriate risk assessment which demonstrates a low risk, obliged entities are allowed not to apply certain customer due diligence measures with respect to electronic money, where all of the following risk- mitigating conditions are met: (a) the payment instrument is not reloadable, or has a maximum monthly payment transactions limit of EUR 150 which can be used only in that Member State; (b) the maximum amount stored electronically does not exceed EUR 150; (c) the payment instrument is used exclusively to purchase goods or services; (d) the payment instrument cannot be funded with anonymous electronic money; (e) the issuer carries out sufficient monitoring of the transactions or business relationship to enable the detection of unusual or suspicious transactions.
2022/07/05
Committee: ECONLIBE
Amendment 463 #

2021/0239(COD)

Proposal for a regulation
Article 15 – paragraph 1 b (new)
1b. The derogation provided for in paragraph 1a is not applicable in the case of redemption in cash or cash withdrawal of the monetary value of the electronic money, or in the case of remote payment transactions.
2022/07/05
Committee: ECONLIBE
Amendment 498 #

2021/0239(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1. Where an obliged entity is unable to comply with the customer due diligence measures laid down in Article 16(1), it shall refrain fromnot carrying out a transaction or establishing a business relationship, and shall terminate the business relationship and consider filingfile a suspicious transaction report to the FIU in relation to the customer in accordance with Article 50.
2022/07/05
Committee: ECONLIBE
Amendment 571 #

2021/0239(COD)

Proposal for a regulation
Article 22 – paragraph 2 – point c a (new)
(ca) the residual risk, taking into account a proper risk assessment, the risk mitigating measures put in place by the obliged entities, also considering innovation and technical developments to detect and prevent suspicious transactions.
2022/07/05
Committee: ECONLIBE
Amendment 596 #

2021/0239(COD)

Proposal for a regulation
Article 24 – paragraph 3
3. The Commission, when drawing up the delegated acts referred to in paragraph 2 shall take into account information on jurisdictions under increased monitoring by EU bodies, such as law enforcement agencies, international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing, as well as relevant evaluations, assessments, reports or public statements drawn up by them.
2022/07/05
Committee: ECONLIBE
Amendment 607 #

2021/0239(COD)

Proposal for a regulation
Article 25 – paragraph 2 – point a – point v
(v) requirements relating to the availability of accurate and timely information of the beneficial ownership of legal persons and arrangements to competent authoritiesheld by a public authority or body functioning as beneficial ownership mechanism that is as efficient, if the alternative mechanism is deemed appropriate by the Commission, based on the recommendation of AMLA;
2022/07/05
Committee: ECONLIBE
Amendment 613 #

2021/0239(COD)

Proposal for a regulation
Article 25 – paragraph 2 – point c a (new)
(ca) the recurrence of the involvement of the third country into money laundering and terrorist financing schemes in criminal analysis and investigations of Member States supported by Europol;
2022/07/05
Committee: ECONLIBE
Amendment 624 #

2021/0239(COD)

Proposal for a regulation
Article 25 – paragraph 4
4. The Commission, when drawing up the delegated acts referred to in paragraph 1, shall take into account in particular relevant evaluations, assessments or reports drawn up by EU bodies, such as law enforcement agencies, international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing.
2022/07/05
Committee: ECONLIBE
Amendment 635 #

2021/0239(COD)

Proposal for a regulation
Article 26 – paragraph 3
3. In issuing and reviewing the guidelines referred to in paragraph 1, AMLA shall take into account evaluations, assessments or reports of EU bodies, such as law enforcement agencies, international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing.
2022/07/05
Committee: ECONLIBE
Amendment 715 #

2021/0239(COD)

Proposal for a regulation
Article 40 – paragraph 1 – subparagraph 1
The obliged entity shall remain fully liable for any action of agents or external service providers, including AML compliance entities, to which activities are outsourced.
2022/07/05
Committee: ECONLIBE
Amendment 740 #

2021/0239(COD)

Proposal for a regulation
Article 40 – paragraph 3
3. Where an obliged entity outsources a task pursuant to paragraph 1, it shall ensure that the agent or external service provider applies the measures and procedures adopted by the obliged entity. The conditions for the performance of such tasks shall be clearly specified and laid down in a written agreement between the obliged entity and the outsourced entity. The obliged entity shall perform regular controls to ascertain the effective implementation of such measures and procedures by the outsourced entity. The frequency of such controls shall be determined on the basis of the critical nature of the tasks outsourced.
2022/07/05
Committee: ECONLIBE
Amendment 779 #

2021/0239(COD)

Proposal for a regulation
Article 42 – paragraph 2 a (new)
2a. Obliged entities shall report to the entity in charge of the central registers any discrepancies they find between the beneficial ownership information available in the central registers and the beneficial ownership information available to them pursuant to Article 18 of Regulation.
2022/07/05
Committee: ECONLIBE
Amendment 785 #

2021/0239(COD)

Proposal for a regulation
Article 42 – paragraph 4
4. The Commission shall make recommendations to Member Statedecide via implementing acts on the specific rules and criteria to identity the beneficial owner(s) of legal entities other than corporate entities by [1 year6 months from the date of application of this Regulation]. In the event that Member States decide not to apply any of the recommendations, they shall notify the Commission thereof and provide a justification for such a decision.
2022/07/05
Committee: ECONLIBE
Amendment 816 #

2021/0239(COD)

Proposal for a regulation
Article 45 – paragraph 2
2. Where, after having exhausted all possible means of identification pursuant to Articles 42 and 43, no person is identified as beneficial owner, or where there is any doubt that the person(s) identified is the beneficial owner(s), the corporate or other legal entities shall keep records of the actions taken in order to identify their beneficial owner(s) and file a suspicious transaction report in accordance with Article 17.
2022/07/05
Committee: ECONLIBE
Amendment 818 #

2021/0239(COD)

Proposal for a regulation
Article 45 – paragraph 2 a (new)
2a. Where there are reasons to doubt the accuracy of the beneficial ownership information, corporate or other legal entities shall provide to the competent authorities additional information on a risk-sensitive basis, including resolutions of the board of directors and minutes of their meetings, partnership agreements, trust deeds, power of attorney or other contractual agreements and documentation.
2022/07/05
Committee: ECONLIBE
Amendment 821 #

2021/0239(COD)

Proposal for a regulation
Article 45 – paragraph 3 – point a
(a) a statement, accompanied by a justification and supporting documents, that there is no beneficial owner or that the beneficial owner(s) could not be identified and verified;
2022/07/05
Committee: ECONLIBE
Amendment 831 #

2021/0239(COD)

Proposal for a regulation
Article 48 – paragraph 1 – introductory part
1. Beneficial ownership information of legal entities incorporated outside the Union or of express trusts or similar legal arrangements administered outside the Union shall be collected in accordance with national systems and held in the central register referred to in Article 10 of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final] set up by the Member State where such entities or trustees of express trusts or persons holding equivalent positions in similar legal arrangements:
2022/07/05
Committee: ECONLIBE
Amendment 840 #

2021/0239(COD)

Proposal for a regulation
Article 49 – paragraph 1
Member States shall lay down the rules on sanctions applicable to infringements of the provisions of this Chapter in accordance with Article 40 of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final] and shall take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive.
2022/07/05
Committee: ECONLIBE
Amendment 866 #

2021/0239(COD)

Proposal for a regulation
Article 50 – paragraph 5
5. AMLA shall issue and periodically update guidance on indicators of unusual or suspicious activity or behaviours with the assistance of other EU bodies involved in the AML/CFT framework.
2022/07/05
Committee: ECONLIBE
Amendment 885 #

2021/0239(COD)

Proposal for a regulation
Article 55 – paragraph 1
1. To the extent that it is strictly necessary for the purposes of preventing money laundering and terrorist financing, obliged entities may processand AML compliance entities may process personal data, including special categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and personal data relating to criminal convictions and offences referred to in Article 10 of that Regulation subject to the safeguards provided for in paragraphs 2 and 3. On the basis of this Regulation, only to the extent that it is necessary and proportionate for the purposes of the prevention of money laundering and terrorist financing, obliged entities may share this data with other obliged entities.
2022/07/05
Committee: ECONLIBE
Amendment 3 #

2021/0227(BUD)

Draft opinion
Paragraph 1
1. Finds the proposed reduction in the budget of the European Union Agency for Fundamental Rights (FRA) by 0,5 % very disappointing; stresses that the FRA’s tasks of collection and analysis of reliable information on fundamental rights compliance in the Member States are expected to increase in the future; calls instead for a budgetary increase of EUR 27,1 million and for the addition of two temporary agents at AD grade and two contractual agents to function group IV in the establishment plan to allow FRA to continue to operate effectively;
2021/08/02
Committee: LIBE
Amendment 8 #

2021/0227(BUD)

Draft opinion
Paragraph 2
2. Welcomes the proposed increase of the budget of the European Asylum Support Office (EASO) by 11,2 %; considers that the continuous challenge of migration and asylum management calls for strong support from the agency to strengthen the implementation of the a Common European Asylum System (CEAS), enhance practical cooperation, provide operational and technical assistance and stimulate information exchange as well as convergence in the assessment of protection needs between the Member States; stresses that the interinstitutional agreement reached on June 29th 2021 on the transformation of EASO into the European Union Asylum Agency (EUAA) requires additional human resources which were not foreseen in the Commission’s draft budget; underlines in particular the need to recruit from 2022 new staff at AD and AST positions for the function of Fundamental Rights Officer, the Asylum Support Teams, the Liaison Officers in Member States or to strengthen legal and training teams; also calls for adjustments to the establishment plan as regards the distribution of posts across different grades to enable reclassification needs and for the publication of planned posts for 2022; emphasises that the latter will not impact the total budget or the total number of staff proposed, set aside the additional staff required for the implementation of the EUAA;
2021/08/02
Committee: LIBE
Amendment 12 #

2021/0227(BUD)

Draft opinion
Paragraph 3
3. Is concerned with the serious and repeated allegations made against European Border and Coast Guard Agency (Frontex) related to pushbacks at external borders; is disappointed to note that, according to the Court of Auditors, Frontex has not managed to implement its mandate from 2016, let alone its updated mandate of 2019, and that serious and multiple deficiencies regarding its effectiveness have been identified, while taking note of the conclusion from Frontex’ s Management Board “working group on fundamental rights and legal and operational aspects of operations” (WG FRaLO), that has closed its investigation on 13 incidents in the Aegean Sea and found no evidence of pushbacks; is disappointed to note that, according to the Court of Auditors, Frontex has not managed to implement its mandate from 2016, let alone its updated mandate of 2019, and that serious and multiple deficiencies regarding its effectiveness have been identified; points out that the audit period runs from the end of 2016, when the Agency's new mandate comes into force, to the end of 2020, and therefore does not take into account recent steps from the Agency to comply with its mandate; welcomes the presentation by Frontex on March 3rd 2021 of a comprehensive roadmap addressing the recommendations from the WG FRaLO; considers it is an important step to implement fully the new mandate and expects the recommendations to be implemented by the end of the year; stresses that substantial budget and staff increases for Frontex are conditional on its accountability and transparency, on its commitment to Union law, and on its fulfilment of its mandate; proposes, therefore, to make a part of the budget allocations conditional upon Frontex recruiting 40 fundamental rights monitors at AD gradadequate level to ensure their independence, adopting a clear procedure for the implementation of Article 46 of Regulation (EU) 2019/1896 of the European Parliament and of the Council1 , and swiftly appointing deputy executive directors in line with Frontex’ 2019 mandate; stresses, meanwhile, that any amount of budget put in a reserve should not prevent the Agency from actually meeting the above-mentioned requirements and the implementation of its mandate, including the recruitment of the standing corps; _________________ 1Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
2021/08/02
Committee: LIBE
Amendment 16 #

2021/0227(BUD)

Draft opinion
Paragraph 4
4. Recalls the estimate made by the European Public Prosecutor’s Office (EPPO) that it will process 3 000 investigations in 2022; emphasises that EPPO is a prosecutorial body with mandatory competences and obligations to investigate irrespective of budgetary provision; is concerned that the funding proposed for 2022 does not include a meaningful increase as compared with 2021; considers that last year budget was already falling short compared to the workload anticipated and a potential extension of the EPPO mandate covering environmental offences will require sufficient budgetary means, especially for the establishment of a EPPO Green Prosecutor with a special environmental crime unit; stresses that a substantial funding increase to EUR 55,7 million, ands well as 59 additional members of staff at AD grade and 76 additional members of staff at AST grade are required;
2021/08/02
Committee: LIBE
Amendment 21 #

2021/0227(BUD)

Draft opinion
Paragraph 4 a (new)
4 a. Highlights that the European Union Agency for Law Enforcement Cooperation (Europol) is a cornerstone of the EU Security Union Strategy and plays an ever greater role in the fight against terrorism, radicalisation, organised crimes and environmental crimes, in line with the Agency’s Strategy 2020+; expects an intensification of tasks for Europol to fight criminal infiltrations in the legal economy and prevent fraud to the EU recovery budget; therefore, welcomes the budget increase of 11,2% and the additional 71 Temporary Agents for the Europol; however, regrets that the grade of 14 staff in the draft proposal does not reflect Europol’s request for 2022; therefore requests a reclassification of 14 staff from AST to AD grades; also stresses that EUR 15 987 100 million is put in reserve until the revised mandate of the Agency is adopted, corresponding to the amount required for the recruitment of the 71 additional Temporary Agents; considers that a smaller amount should be put in reserve to allow the recruitment of new staff from early 2022, in order to complete preparatory actions for the implementation of the upcoming revised mandate; recalls that the Agency didn't benefit of any staff increase in 2021;
2021/08/02
Committee: LIBE
Amendment 24 #

2021/0227(BUD)

Draft opinion
Paragraph 5
5. Regrets the small funding increase of 1,5 % proposed for the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA); believes that this will not be sufficient to cover EMCDDA’s needs without hampering the scientific activities of EMCDDA; highlights that the 2021 budget was already insufficient and that EMCDDA was obliged to downsize a significant part of its work programme; notes with concern that the drug market has been remarkably resilient to disruption caused by the pandemic, while globalisation and new technology support the establishment of new trafficking routes and the growth of online markets; requests, therefore, an increase in EMCDDA’s 2022 budget to EUR 18,4 million;
2021/08/02
Committee: LIBE
Amendment 25 #

2021/0227(BUD)

Draft opinion
Paragraph 6
6. Welcomes the proposed budgetary increase for the European Union Agency for Criminal Justice Cooperation (Eurojust) which contributes to the EU Security Union policy; is disappointed that the proposed establishment plan would reduce the number of members of staff by two, from 207 staff in 2021 to 205 in 2022; considers that increasing Eurojust’s budget while reducing its personnel sends a conflicting signal on how to handle the challenges faced by Eurojust with its ever increasing caseload; stresses that a staff increase is necessary for the Agency to carry out existing and future tasks, in particular as regards to the digitalisation of Justice, the implementation of new instruments in the field of judicial cooperation such as e-Evidence or the fight against environmental crimes;
2021/08/02
Committee: LIBE
Amendment 26 #

2021/0227(BUD)

Draft opinion
Paragraph 7
7. Notes the increase of 44,2 % in commitment appropriations and the increase of 39,1 % in payment appropriations for eu-LISA; requests 24grets however as in 2021 that the proposed allocation of staff in the draft budget falls short of the request from the Agency; recalls that the eu-LISA plays a key role in the development of a fully functioning Schengen area by ensuring adequate border management and internal security tools; stresses that in 2022 eu-LISA will carry out important tasks in the implementation of the EES, ETIAS and the interoperability regulations; therefore requests 27 additional members of staff at AD grade to support the implementation of important large-scale IT projects, including projects relating to interoperability, and in particular to reduce eu-LISA’s dependency on external contractors;
2021/08/02
Committee: LIBE
Amendment 30 #

2021/0227(BUD)

Draft opinion
Paragraph 8
8. Regrets the decrease of 3,3 % in commitment and payment appropriations for the European Union Agency for Law Enforcement Training (CEPOL) and requests rather additional funding of EUR 750 000, including for specific appropriations for training programmes tackling the rise of environmental crime, and additional five posts at AD grade in the establishment plan;
2021/08/02
Committee: LIBE
Amendment 30 #

2021/0227(BUD)

Draft opinion
Paragraph 5 a (new)
5 a. Reaffirms that the EU must continue to provide effective and monitored aid to Syrian refugees in Turkey, ensuring that its funds are directly and in full transparency channelled to non-governmental organisations; insists that the European Parliament will be fully informed about the types of expenditure financed and the channels used to reach all beneficiaries;
2021/09/02
Committee: AFET
Amendment 34 #

2021/0227(BUD)

Draft opinion
Paragraph 9
9. Notes the slight reduction in payment appropriations for the Asylum, Migration and Integration Fund (AMIF) compared to 2021; further takes note of the substantivewelcomes the 25,9% increase in commitment appropriations to get that new fund up to cruising speed as quickly as possible; stresses that this increase is essential at a time where the pressure on national authorities for asylum remains very high, with huge gaps in terms of proper reception of asylum seekers and major delays in the procedures for asylum in the Member States; recalls the importance of providing adequate financial capacities to support the development of the CEAS, to bring concrete solidarity to Member States most exposed to migration and asylum flows, as well as to ensure efficient and fair asylum and return procedures; calls, in the light of the proposed New Pact on Migration, for a further 10 % increase in commitment and payment appropriations for the Common European Asylum SystemEAS and the solidarity objectives of the AMIF;
2021/08/02
Committee: LIBE
Amendment 41 #

2021/0227(BUD)

Draft opinion
Paragraph 10 a (new)
10 a. Welcomes the 47% increase in commitment appropriations and the 20% increase of payment appropriations of the Integrated Border Management Fund (IBMF); considers that this programme will provide essential operational support to Member States in the areas of external border surveillance, common visa policy and customs controls;
2021/08/02
Committee: LIBE
Amendment 46 #

2021/0227(BUD)

Draft opinion
Paragraph 11
11. Reiterates its call for the creation of a separate budget line per specific objective set out in the legal bases of AMIF and the Instrument for Border Management and Visa Policy (BMVI); believes that a separate budget line per specific objective would help ensure adequate transparency and funding for all objectives of AMIF and BMVI;
2021/08/02
Committee: LIBE
Amendment 48 #

2021/0227(BUD)

Draft opinion
Paragraph 11 a (new)
11 a. Welcomes the 29,3% increase in commitment appropriations and the 33,3% increase of payment appropriations of the Internal Security Fund (ISF); stresses that this programme is a strong tool to implement the EU Security Union Strategy, by support cooperation and efforts of law enforcement authorities to strengthen cybersecurity, combat terrorism and organised crime in Europe;
2021/08/02
Committee: LIBE
Amendment 50 #

2021/0227(BUD)

Draft opinion
Paragraph 12 a (new)
12 a. Recalls that independent and qualitative investigative journalism is an essential component of a well-functioning democracy, by bringing quality fact-based information, combating disinformation, raising awareness to citizens, and revealing wrongdoings or crimes; stresses that journalism across Europe faces strong challenges, in particular the lack of financial resources, hence threatening their independence or survival; calls for ambitious funding programmes in the European budget in this field;
2021/08/02
Committee: LIBE
Amendment 52 #

2021/0227(BUD)

Draft opinion
Paragraph 13
13. Notes with regret the decrease in commitment and payment appropriations of 6 % and 16,9 % respectively for the Justice Programme, in particular in the field of support to judicial training; recalls that Justice is a key component of a Security Union; proposes rather to maintain the funding in 2022 at the level of the 2021 Budget;
2021/08/02
Committee: LIBE
Amendment 54 #

2021/0227(BUD)

Draft opinion
Paragraph 13 a (new)
13 a. Regrets that Member States still provide an insufficient amount of Seconded National Experts (SNE) to EU agencies in the field of Justice and Home Affairs; highlights the importance of such exchanges to support EU agencies’ human resources, but also to develop a European culture in this area and common understanding between national administrations.
2021/08/02
Committee: LIBE
Amendment 61 #

2021/0140(CNS)

Proposal for a regulation
Recital 14
(14) Unannounced visits, being one of the most effective tools to verify Member States practices should, depending on their purpose, take place without prior notification to the Member State concerned or with only short prior notification. Unannounced visits without prior notification should take place for ‘investigative’ purposes in order to verify compliance with obligations under the Schengen acquis, including, in response to indications as regards the emergence of systemic problems that could potentially have a significant impact on the functioning of the Schengen area or to fundamental rights violations, in particular allegations of serious violations of fundamental rights at the external borders. In such cases, the provision of advance notice would defeat the objective of the visit. Unannounced visits with a 24-hour advance notice should take place if the main purpose of the visit is to carry out a random check of the Member State’s implementation of the Schengen acquis.
2022/02/02
Committee: LIBE
Amendment 66 #

2021/0140(CNS)

Proposal for a regulation
Recital 16
(16) Evaluation and monitoring activities should be carried out by teams consisting of Commission representatives and, Parliament representatives, experts designated by Member States and Union observers. These representatives and experts should have appropriate qualifications, including a solid theoretical knowledge and practical experience. In order to ensure the participation of sufficient number of experienced experts in a faster and less burdensome way, a pool of experts should be established and maintained by the Commission in close cooperation with the Member States. The pool should be the primary source of experts for evaluation and monitoring activities.
2022/02/02
Committee: LIBE
Amendment 72 #

2021/0140(CNS)

Proposal for a regulation
Recital 19
(19) Evaluation reports should be concise and succinct. They should focus on deficiencies with significant impact and highlight areas where important improvements cshould be made. Minor findings should not form part of the reports. The team should nevertheless communicate these findings to the evaluated Member State at the end of the evaluation activity, including to the authorities responsible for the relevant national quality control mechanism. The team should actively seek to identify best practices which should be added to the reports. In particular, new and innovative measures that significantly improve the implementation of the common rules and that could be put in practice by other Member States should be highlighted as a best practice for the purposes of the report.
2022/02/02
Committee: LIBE
Amendment 74 #

2021/0140(CNS)

Proposal for a regulation
Recital 20
(20) Evaluation reports should, as a rule, contain recommendations on how to remedy deficiencies identified (including fundamental rights violations) and be adopted in a single act by the Commission by means of implementing acts through the examination procedure in accordance with Article 5 of Regulation (EU) No 182/201136 and without undue delay. Particular attention should be paid to identifying and remedying fundamental rights violations. The consolidation of the report and recommendations within a single document and subject to a single adoption procedure reinforces the intrinsic connection between the evaluation findings and recommendations. In addition, the accelerated publication of the recommendations should enable Member States to address the deficiencies faster and more efficiently. At the same time, the use of the examination procedure should ensure Member State’s engagement in the decision-making process leading to the adoption of the recommendations. _________________ 36 OJ L 55, 28.2.2011, p. 13.
2022/02/02
Committee: LIBE
Amendment 83 #

2021/0140(CNS)

(24) The evaluation and monitoring mechanism should comprise a robust follow-up and monitoring component which should be ensured by the Commission, in close cooperation with the Council and the European Parliament, without creating a disproportionate burden for the actors involved. Evaluations should be followed up by action plans. While drawing up the action plans, the evaluated Member States should fully take into consideration the funding possibilities provided by the Union and make the best use of these resources. To speed up the process, the Commission should provide observations on the adequacy of the action plans for example in the form of a letter. In order to ensure a timely follow up, if the Commission services do not consider the action plan adequate, the Member State concerned should be required to submit a revised action plan within one month from the receipt of the observations. The frequency of the follow-up reporting by the Member State to the Commission and the Council on the implementation of the action plans should, as a rule, be sixthree months.
2022/02/02
Committee: LIBE
Amendment 85 #

2021/0140(CNS)

Proposal for a regulation
Recital 25 a (new)
(25 a) In cases where, after a revisit, the implementation of the action plan following an evaluation that identified a serious deficiency is not completed by a Member State to a satisfactory level, the Commission should launch an infringement procedure against that Member State.
2022/02/02
Committee: LIBE
Amendment 92 #

2021/0140(CNS)

Proposal for a regulation
Recital 29
(29) In view of the particular role entrusted to the European Parliament and to the national parliaments under the last sentence of Article 70 of the Treaty on the Functioning of the European Union (TFEU), as underlined in Article 12, point (c), of the Treaty on European Union (TEU) as regards the national parliaments, the Council and the Commission should fully inform the European Parliament and the national Parliaments of the content and results of the evaluations no later than two weeks after the procedure is concluded. In addition, should the Commission submit a proposal to amend this Regulation, the Council would, in accordance with Article 19(7), point (h), of its Rules of Procedure39 , consult the European Parliament in order to take into consideration its opinion, to the fullest extent possible, before adopting a final text. _________________ 39 Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325 11.12.2009, p. 35).
2022/02/02
Committee: LIBE
Amendment 109 #

2021/0140(CNS)

Proposal for a regulation
Article 2 – paragraph 1 – point i
(i) ‘serious deficiency’ means one or more deficiencies which concern the effective application of key elements of the Schengen acquis and which individually or in combination, have, or risk to have over time, a significant negative impact on the rights of individuals or on the functioning of the Schengen area;
2022/02/02
Committee: LIBE
Amendment 113 #

2021/0140(CNS)

Proposal for a regulation
Article 2 – paragraph 1 – point k
(k) ‘team’ means a group comprising experts designated by Member States and, Commission as well as Parliament representatives who carry out evaluations and monitoring activities.
2022/02/02
Committee: LIBE
Amendment 140 #

2021/0140(CNS)

Proposal for a regulation
Article 4 – paragraph 2 – point c
(c) when it has grounds to consider that a Member State is seriously neglecting its obligations under the Schengen acquis including allegations of serious fundamental rights violations at the external borders.
2022/02/02
Committee: LIBE
Amendment 149 #

2021/0140(CNS)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
The Commission mayshall enter into arrangements with the Union bodies, offices and agencies to facilitate the cooperation and invite at least one Member of the Union bodies, offices or agencies to participate in the teams carrying out evaluation and monitoring activities.
2022/02/02
Committee: LIBE
Amendment 213 #

2021/0140(CNS)

Proposal for a regulation
Article 19 – paragraph 4 – introductory part
4. Unannounced visits shall take place without prior notification to the Member State concerned. By way of exception, the Commission may notify the Member State concerned at least 24 hours before such visit is to take place when the main purpose of the unannounced visit is a random verification of the implementation of the Schengen acquis.
2022/02/02
Committee: LIBE
Amendment 219 #

2021/0140(CNS)

Proposal for a regulation
Article 19 – paragraph 4 – subparagraph 1
The Commission shall establish the detailed programme for unannounced visits. Where Member States have been notified, the Commission may consult the timetable and detailed programme with the Member State concerned.
2022/02/02
Committee: LIBE
Amendment 220 #

2021/0140(CNS)

Proposal for a regulation
Article 19 – paragraph 5
5. The Commission, in close cooperation with the Member States, may establish and update Guidelines for conducting unannounced visits and may consult with Member States.
2022/02/02
Committee: LIBE
Amendment 223 #

2021/0140(CNS)

Proposal for a regulation
Article 20 – paragraph 1
The Commission, in cooperation with the Member States, may establish guidelines for conducting evaluation and monitoring activities by questionnaire or other remote methods, if in person meetings cannot take place.
2022/02/02
Committee: LIBE
Amendment 224 #

2021/0140(CNS)

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2
The Commission shall transmit the evaluation report to the national Parliaments, the European Parliament and the Council no later than two weeks after the report is adopted.
2022/02/02
Committee: LIBE
Amendment 229 #

2021/0140(CNS)

Proposal for a regulation
Article 21 – paragraph 5
5. The evaluation report shall contain recommendations for remedial actions aimed at addressing the deficiencies and areas for improvement identified during the evaluation and give an indication of the priorities for implementing them. The evaluation report mayshall set deadlines for the implementation of recommendations. Where the evaluation identifies a serious deficiency, the specific provisions set out in Article 23 shall apply.
2022/02/02
Committee: LIBE
Amendment 235 #

2021/0140(CNS)

Proposal for a regulation
Article 22 – paragraph 2 – introductory part
2. After consulting the team, which has carried out the evaluation activity, the Commission shall provide observations on the adequacy of the action plan and, within one month from its submission, shall inform the evaluated Member State about its observations. The Council may invite other Member States to provide comments on the action plan.
2022/02/02
Committee: LIBE
Amendment 251 #

2021/0140(CNS)

Proposal for a regulation
Article 23 – paragraph 5 – introductory part
5. The Council shall adopt recommendations within two weeken days of receipt of the proposal.
2022/02/02
Committee: LIBE
Amendment 252 #

2021/0140(CNS)

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 2
The Council shall set short time limits for the implementation of the recommendations related to a serious deficiency and specify the frequency of the reporting by the evaluated Member State to the Commission and the Council on the implementation of its action plan.
2022/02/02
Committee: LIBE
Amendment 254 #

2021/0140(CNS)

Proposal for a regulation
Article 23 – paragraph 6 – introductory part
6. The evaluated Member State shall submit to the Commission and the Council its action plan within one monthtwo weeks of the adoption of the recommendations. The Commission shall transmit that action plan to the European Parliament.
2022/02/02
Committee: LIBE
Amendment 260 #

2021/0140(CNS)

Proposal for a regulation
Article 23 – paragraph 7 – introductory part
7. To verify the progress made in the implementation of the recommendations related to the serious deficiency, the Commission shall organise a revisit that is to take place no later than one year6 months from the date of the evaluation activity. The Commission shall also invite the European Parliament and the Council to each send a representative to participate in a revisit.
2022/02/02
Committee: LIBE
Amendment 261 #

2021/0140(CNS)

Proposal for a regulation
Article 23 – paragraph 8
8. The Council shalland the European Parliament may express its position on the report.
2022/02/02
Committee: LIBE
Amendment 263 #

2021/0140(CNS)

Proposal for a regulation
Article 23 – paragraph 8 a (new)
8 a. In cases where, after a revisit, the implementation of the action plan following an evaluation that identified a serious deficiency is not completed by a Member State to a satisfactory level, the Commission should launch an infringement procedure against that Member State.
2022/02/02
Committee: LIBE
Amendment 264 #

2021/0140(CNS)

Proposal for a regulation
Article 23 – paragraph 9 – subparagraph 2
In deciding whether to close the action plan, the Commission shallmay take into account that position.
2022/02/02
Committee: LIBE
Amendment 375 #

2021/0106(COD)

Proposal for a regulation
Recital 8
(8) The notion of remote biometric identification system as used in this Regulation should be defined functionally, as an AI system intended for the identification of natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge whether the targeted person will be present and can be identified, irrespectively of the particular technology, processes or types of biometric data used. Considering their different characteristics and manners in which they are used, as well as the different risks involved, a distinction should be made between ‘real-time’ and ‘post’ remote biometric identification systems. In the case of ‘real-time’ systems, the capturing of the biometric data, the comparison and the identification occur all instantaneously, near-instantaneously or in any event without a significant delay. In this regard, there should be no scope for circumventing the rules of this Regulation on the ‘real- time’ use of the AI systems in question by providing for minor delays. ‘Real-time’ systems involve the use of ‘live’ or ‘near- ‘live’ material, such as video footage, generated by a camera or other device with similar functionality. In the case of ‘post’ systems, in contrast, the biometric data have already been captured and the comparison and identification occur only after a significant delay. This involves material, such as pictures or video footage generated by closed circuit television cameras or private devices, which has been generated before the use of the system in respect of the natural persons concerned. The notion of remote biometric identification system shall not include authentification and verification systems whose purpose is to confirm, based on prior consent, that a specific natural person is the person he or she claims to be or to confirm the identity of a natural person for the purpose of having access to a service, a device or premises.
2022/06/13
Committee: IMCOLIBE
Amendment 393 #

2021/0106(COD)

Proposal for a regulation
Recital 11
(11) In light of their digital nature, certain AI systems should fall within the scope of this Regulation even when they are neither placed on the market, nor put into service, nor used in the Union. This is the case for example of an operator established in the Union that contracts certain services to an operator established outside the Union in relation to an activity to be performed by an AI system that would qualify as high-risk and whose effects impact natural persons located in the Union. In those circumstances, the AI system used by the operator outside the Union could process data lawfully collected in and transferred from the Union, and provide to the contracting operator in the Union the output of that AI system resulting from that processing, without that AI system being placed on the market, put into service or used in the Union. To prevent the circumvention of this Regulation and to ensure an effective protection of natural persons located in the Union, this Regulation should also apply to providers and users of AI systems that are established in a third country, to the extent the output produced by those systems is used in the Union. Nonetheless, to take into account existing arrangements and special needs for cooperation with foreign partners with whom information and evidence is exchanged, this Regulation should not apply to public authorities of a third country and international organisations when acting in the framework of international agreements concluded at national or European level for law enforcement and judicial cooperation with the Union or with its Member States. Such agreements have been concluded bilaterally between Member States and third countries or between the European Union, Europol and other EU agencies and third countries and international organisations. This exception should nevertheless be limited to trusted countries and international organizations that share the Union’s values.
2022/06/13
Committee: IMCOLIBE
Amendment 428 #

2021/0106(COD)

Proposal for a regulation
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended to distort human behaviour, whereby physical or psychological harms are likely to occur, should be forbidden. SuchIn particular, AI systems that deploy subliminal components individualthat natural persons cannot perceive or, that exploit the vulnerabilities of children and people due to their age, physical or mental incapacities. They do soany groups,or that use purposefully manipulative techniques with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person or to their rights or to the values of the Union should be prohibited. The intention may not be presumed if the distortion of human behaviour results from factors external to the AI system which are outside of the control of the provider or the user. Research for legitimate purposes in relation to such AI systems should not be stifled by the prohibition, if such research does not amount to use of the AI system in human- machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.
2022/06/13
Committee: IMCOLIBE
Amendment 434 #

2021/0106(COD)

Proposal for a regulation
Recital 17
(17) AI systems providing social scoring of natural persons for general purpose by public authorities or on their behalf may lead to discriminatory outcomes and the exclusion of certain groups. They may violate the right to dignity and non- discrimination and the values of equality and justice. Such AI systems evaluate or classify the trustworthiness of natural persons based on their social behaviour in multiple contexts or known or predicted personal or personality characteristics using trustworthiness, good citizenship, patriotism, deviancy, or any other such metric as a proxi. The social score obtained from such AI systems may lead to the detrimental or unfavourable treatment of natural persons or whole groups thereof in social contexts, which are unrelated to the context in which the data was originally generated or collected or to a detrimental treatment that is disproportionate or unjustified to the gravity of their social behaviour. This detrimental treatment can also be effected by providing undue and unjustified privileges to groups of people based on their social score. Such AI systems should be therefore prohibited.
2022/06/13
Committee: IMCOLIBE
Amendment 527 #

2021/0106(COD)

(27) High-risk AI systems should only be placed on the Union market or put into service if they comply with certain mandatory requirements. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union public interests as recognised and protected by Union law. AI systems identified as high-risk should be limited to those that have a significant harmful impact on the health, safety and fundamental rights of persons in the Union or to Union values as enshrined in Article 2 TEU and such limitation minimises any potential restriction to international trade, if any.
2022/06/13
Committee: IMCOLIBE
Amendment 538 #

2021/0106(COD)

Proposal for a regulation
Recital 32
(32) As regards stand-alone AI systems, meaning high-risk AI systems other than those that are safety components of products, or which are themselves products, it is appropriate to classify them as high-risk if, in the light of their intended purpose, they pose a high risk of harm to the health and, safety or the fundamental rights of persons or to Union values as enshrined in Article 2 TEU, taking into account both the severity of the possible harm and its probability of occurrence and they are used in a number of specifically pre-defined areas specified in the Regulation. The identification of those systems is based on the same methodology and criteria envisaged also for any future amendments of the list of high-risk AI systems. Such systems should be classified as high-risk only insofar as they are built and operated with biometric, biometrics- based, or personal data or they influence decisions of natural persons or make decisions or influence decisions affecting natural persons. This ensures that, when referencing AI systems in pre-defined areas of human activity, this Regulation does not inadvertently apply to AI systems that can have no impact on the health, safety, fundamental rights of natural persons or the values of the Union as enshrined in Article 2 TEU.
2022/06/13
Committee: IMCOLIBE
Amendment 554 #

2021/0106(COD)

Proposal for a regulation
Recital 34
(34) As regards the management and operation of critical infrastructure, it is appropriate to classify as high-risk the AI systems intended to be used as safety components in the management and operation of road traffic and the supply of water, gas, heating and electricity, and internet, since their failure or malfunctioning may put at risk the life and health of persons at large scale and lead to appreciable disruptions in the ordinary conduct of social and economic activities.
2022/06/13
Committee: IMCOLIBE
Amendment 561 #

2021/0106(COD)

Proposal for a regulation
Recital 36
(36) AI systems used in employment, workers management and access to self- employment, notably for the recruitment and selection of persons, for making decisions on promotion and termination and for personalised task allocation based on personal or biometric data, monitoring or evaluation of persons in work-related contractual relationships, should also be classified as high-risk, since those systems may appreciably impact future career prospects and livelihoods of these persons. Relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the Commission Work Programme 2021. Such persons should in principle not be considered users within the meaning of this Regulation. Throughout the recruitment process and in the evaluation, promotion, or retention of persons in work-related contractual relationships, such systems may perpetuate historical patterns of discrimination, for example against women, certain age groups, persons with disabilities, or persons of certain racial or ethnic origins or sexual orientation. AI systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacy.
2022/06/13
Committee: IMCOLIBE
Amendment 602 #

2021/0106(COD)

Proposal for a regulation
Recital 40 a (new)
(40 a) When the “deep fake” content forms part of an evidently artistic, creative, or fictional cinematographic and analogous work, or when the “AI authors” generate content that undergoes human review and for the publication of which a natural or legal person established in the Union is liable or holds editorial responsibility, the AI systems should not be considered high-risk but should nevertheless be subject to adequate transparency requirements, where appropriate.
2022/06/13
Committee: IMCOLIBE
Amendment 606 #

2021/0106(COD)

Proposal for a regulation
Recital 40 b (new)
(40 b) Subliminal techniques are techniques that expose natural persons to sensorial stimuli that the natural persons cannot consciously perceive but that are assumed to register in the brain unconsciously, such as flashing images or text for fractions of a second or playing sounds outside the range of perceptible hearing. AI systems deploying such techniques should be prohibited, because these techniques are by their very nature intended to be manipulative. Nevertheless, exceptions are warranted for AI systems using subliminal techniques for research and therapeutical purposes, based on the consent of the natural persons that are being exposed to them. In such limited cases, the AI systems should be considered high-risk and comply with the requirements for high-risk AI systems as set forth in this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 613 #

2021/0106(COD)

Proposal for a regulation
Recital 42
(42) To mitigate the risks from high-risk AI systems placed or otherwise put into service on the Union market for users and affected persons, certain mandatory requirements should apply, taking into account the intended purpose of the use of the system and according to the risk management system to be established by the provider. These requirements should be objective-driven, fit to purpose, reasonable and effective, without adding undue regulatory burdens or costs on operators.
2022/06/13
Committee: IMCOLIBE
Amendment 663 #

2021/0106(COD)

Proposal for a regulation
Recital 58
(58) Given the nature of AI systems and the risks to safety and fundamental rights possibly associated with their use, including as regard the need to ensure proper monitoring of the performance of an AI system in a real-life setting, it is appropriate to set specific responsibilities for users. Users should in particular use high-risk AI systems in accordance with the instructions of use and certain other obligations should be provided for with regard to monitoring of the functioning of the AI systems and with regard to record- keeping, as appropriate. Given the potential impact and the need for democratic oversight and scrutiny, users of high-risk AI systems that are public authorities or Union institutions, bodies, offices and agencies should be required to conduct a fundamental rights impact assessment prior to commencing the use of a high-risk AI system should be required to register the use of any high- risk AI systems in a public database.
2022/06/13
Committee: IMCOLIBE
Amendment 720 #

2021/0106(COD)

Proposal for a regulation
Recital 71
(71) Artificial intelligence is a rapidly developing family of technologies that requires novel forms of regulatory oversight and a safe space for experimentation, while ensuring responsible innovation and integration of appropriate safeguards and risk mitigation measures. To ensure a legal framework that is innovation-friendly, future-proof and resilient to disruption, national competent authorities from one or more Member States should be encouraged to establish artificial intelligence regulatory sandboxes to facilitate the development and testing of innovative AI systems under strict regulatory oversight before these systems are placed on the market or otherwise put into service. Member States should ensure that the regulatory sandboxes have the adequate financial and human resources for their proper functioning.
2022/06/13
Committee: IMCOLIBE
Amendment 759 #

2021/0106(COD)

Proposal for a regulation
Recital 81
(81) The development of AI systems other than high-risk AI systems in accordance with the requirements of this Regulation may lead to a larger uptake of trustworthy artificial intelligence in the Union. Providers of non-high-risk AI systems should be encouraged to create codes of conduct intended to foster the voluntary application of the mandatory requirements applicable to high-risk AI systems or risk-appropriate codes of conduct that sufficiently increase trust in the underlying technology that is not high-risk. Providers should also be encouraged to apply on a voluntary basis additional requirements related, for example, to environmental sustainability, accessibility to persons with disability, stakeholders’ participation in the design and development of AI systems, and diversity of the development teams. The Commission may develop initiatives, including of a sectorial nature, to facilitate the lowering of technical barriers hindering cross-border exchange of data for AI development, including on data access infrastructure, semantic and technical interoperability of different types of data.
2022/06/13
Committee: IMCOLIBE
Amendment 773 #

2021/0106(COD)

Proposal for a regulation
Recital 85
(85) In order to ensure that the regulatory framework can be adapted where necessary, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend the techniques and approaches referred to in Annex I to define AI systems, the Union harmonisation legislation listed in Annex II, the high-risk AI systems listed in Annex III, the provisions regarding technical documentation listed in Annex IV, the content of the EU declaration of conformity in Annex V, the provisions regarding the conformity assessment procedures in Annex VI and VII and the provisions establishing the high-risk AI systems to which the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation should apply. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including with industry, civil society, other stakeholders, and at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making58 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 58 OJ L 123, 12.5.2016, p. 1.
2022/06/13
Committee: IMCOLIBE
Amendment 805 #

2021/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point e b (new)
(e b) measures in support of innovation, including the setting up of regulatory sandboxes, and measures to reduce the regulatory burden on SMEs and start-ups.
2022/06/13
Committee: IMCOLIBE
Amendment 883 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. This Regulation shall not apply to public authorities in a third country nor to international organisations falling within the scope of this Regulation pursuant to paragraph 1, where those authorities or organisations use AI systems in the framework of international agreements for law enforcement and judicial cooperation with the Union or with one or more Member States. and are subject of a decision of the Commission adopted in accordance with Article 36 of Directive (EU)2016/680 or Article 45 of Regulation 2016/679 (‘adequacy decision’) or are part of an international agreement concluded between the Union and that third country or international organisation pursuant to Article 218 TFEU adducing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals;
2022/06/13
Committee: IMCOLIBE
Amendment 902 #

2021/0106(COD)

Proposal for a regulation
Article 2 a (new)
Article 2 a Metaverse environments 1. This regulation shall apply, mutatis mutandis, to operators of AI systems operating in virtual environments that can be accessed by natural persons in the Union that fulfil all the following criteria (‘metaverse environments’): (i) they require natural persons to have a uniquely identifiable and permanent representation within the virtual environment that is legally and economically connected to them via an official identity document, a digital identity, a digital wallet, or equivalent; (ii) they are built for social and economic interaction on a large scale; (iii) they allow natural persons to behave and interact virtually in manners that are consistent with their real-world behaviours and interactions and that can be analysed to infer real-world characteristics, including personal data; (iv) they allow natural persons to engage in real-world financial transactions, including through blockchain-backed digital currencies and non-fungible tokens; (v) they allow for such interactions between natural persons as to make possible risks to the health, safety, or fundamental rights of natural persons or to bring prejudice to the values of the Union as enshrined in Article 2 TEU.
2022/06/13
Committee: IMCOLIBE
Amendment 1028 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 33 a (new)
(33 a) ‘subliminal techniques’ means techniques that use sensorial stimuli such as images, text, or sounds, that are below the limits of conscious human sensorial perception;
2022/06/13
Committee: IMCOLIBE
Amendment 1047 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)
(35 a) ‘remote biometric categorisation system’ means a biometric categorisation system capable of categorising natural persons at a distance;
2022/06/13
Committee: IMCOLIBE
Amendment 1051 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system for the purpose of identifying natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge of the user of the AI system whether the person will be present and can be identified , , excluding authentification and verification systems whose sole purpose is to confirm, based on prior consent, that a specific natural person is the person he or she claims to be or to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises;
2022/06/13
Committee: IMCOLIBE
Amendment 1163 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order to materially distort a person’s behaviour in a manner that causes or is likely to cause that person or ano, with the exception of AI systems using such techniques for scientific research and for approved therapeutical purposes on the basis of explicit consent of the natural persons that are exposed to them, which systems shall be classified as high risk for ther person physical or psychological harmurposes of this Regulation;
2022/06/13
Committee: IMCOLIBE
Amendment 1172 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
(a a) The placing on the market, putting into service or use of an AI system that deploys purposefully manipulative or deceptive techniques in order to materially distort a person’s behaviour in a manner that causes or is likely to cause that person or another person physical or psychological harm, infringe on that person’s or another person’s fundamental rights, or contravene the Union values enshrined in Article 2 TEU;
2022/06/13
Committee: IMCOLIBE
Amendment 1185 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of a specific group of persons due to their age, physical or mental disability, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
2022/06/13
Committee: IMCOLIBE
Amendment 1197 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – introductory part
(c) the placing on the market, putting into service or use of AI systems by public authorities or on their behalf for the evaluation or classification of the trustworthiness of natural persons over a certainn extended period of time based on their social behaviour or known or predicted personal or personality characteristics, (social scoring),with the social score leading to either or both of the following:
2022/06/13
Committee: IMCOLIBE
Amendment 1208 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – point i
(i) detrimental or unfavourable treatment of certain natural persons or whole groups thereof in social contexts whichthat are unrelated to the contexts in which the data was originally generated or collected;
2022/06/13
Committee: IMCOLIBE
Amendment 1220 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – point ii a (new)
(ii a) privileged treatment of certain natural persons or whole groups thereof in social contexts that are unrelated to the contexts in which the data was originally generated or collected;
2022/06/13
Committee: IMCOLIBE
Amendment 1233 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
(d) the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless and in as far as such use is strictly necessary for one of the following objectives:
2022/06/13
Committee: IMCOLIBE
Amendment 1435 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. In addition to the high-risk AI systems referred to in paragraph 1, AI systems referred to in Annex III shall also be considered high-risk, with the exception of those AI systems that are not safety components of a product and that fulfil both of the following conditions: (a) they are not developed with and do not use biometric data, biometrics-based data, or personal data as inputs; (b) they are not intended to influence decisions of natural persons or to make decisions or to assist in the making of decisions affecting natural persons.
2022/06/13
Committee: IMCOLIBE
Amendment 1558 #

2021/0106(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. H1. Operators of high-risk AI systems shall comply with the requirements established in this Chapter.
2022/06/13
Committee: IMCOLIBE
Amendment 1559 #

2021/0106(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
1 a. In complying with the requirements established in this Chapter, operators of high-risk AI systems shall take into account the generally- acknowledged state of the art, including as reflected in the relevant harmonised standards and common specifications referenced in Articles 40 and 41.
2022/06/13
Committee: IMCOLIBE
Amendment 1572 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. A risk management system shall be established, implemented, documented and maintained in relation to high-risk AI systems. The risk management system can be integrated into, or a part of, already existing risk management procedures insofar as it fulfils the requirements of this article.
2022/06/13
Committee: IMCOLIBE
Amendment 1584 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a
(a) identification and analysis of the known and reasonably foreseeable risks associated with each high-risk AI system with respect to health, safety, fundamental rights, and the values of the Union as enshrined in Article 2 TEU;
2022/06/13
Committee: IMCOLIBE
Amendment 1614 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – introductory part
4. The risk management measures referred to in paragraph 2, point (d) shall be such that any relevant residual risk associated with each hazard as well as the overall residual risk of the high-risk AI systems is judged acceptable, provided that the high- risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse. Those residual risks shall be communicated to the user.
2022/06/13
Committee: IMCOLIBE
Amendment 1629 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
(c) provision of adequate information pursuant to Article 13, in particular as regards the risks referred to in paragraph 2, point (a) and (b) of this Article, and, where appropriate, training to users.
2022/06/13
Committee: IMCOLIBE
Amendment 1659 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 8
8. When implementing the risk management system described in paragraphs 1 to 7, specific consideration shall be given to whether the high-risk AI system is likely to be accessed by or have an impact on children or natural persons suffering from disabilities that render them legally unable to give their consent.
2022/06/13
Committee: IMCOLIBE
Amendment 1706 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point g
(g) the identification of relevanyt possible data gaps or shortcomings, and how those gaps and shortcomings can be addressed.
2022/06/13
Committee: IMCOLIBE
Amendment 1754 #

2021/0106(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
The technical documentation shall be drawn up in such a way to demonstrate that the high-risk AI system complies with the requirements set out in this Chapter and provide national competent authorities and notified bodies with all the necessary information to assess the compliance of the AI system with those requirements. It shall contain, at a minimum, the elements set out in Annex IV or equivalent documentation meeting the same objectives, subject to the approval of the competent authority.
2022/06/13
Committee: IMCOLIBE
Amendment 1970 #

2021/0106(COD)

Proposal for a regulation
Article 23 – paragraph 1
Providers of high-risk AI systems and where applicable, users shall, upon request by a national competent authority, provide that authority or where applicable, by the AI Office or the Commission, provide them with all the information and documentation necessary to demonstrate the conformity of the high- risk AI system with the requirements set out in Chapter 2 of this Title, in an official Union language determined by the Member State concerned. Upon a reasoned request from a national competent authority, providers shall also give that authority access to the logs automatically generated by the high- risk AI system, to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law.
2022/06/13
Committee: IMCOLIBE
Amendment 1974 #

2021/0106(COD)

Upon a reasoned request by a national competent authority or, where applicable, by the Commission, providers and, where applicable, users shall also give the requesting national competent authority or the Commission, as applicable, access to the logs automatically generated by the high-risk AI system, to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law. The national competent authorities or, where applicable, the Commission, shall keep confidential all trade secrets contained in the information received, in accordance with Article 70(2).
2022/06/13
Committee: IMCOLIBE
Amendment 2012 #

2021/0106(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. Where a distributor considers or has reason to consider that a high-risk AI system is not in conformity with the requirements set out in Chapter 2 of this Title, it shall not make the high-risk AI system available on the market until that system has been brought into conformity with those requirements. Furthermore, where the system presents a risk within the meaning of Article 65(1), the distributor shall inform the market surveillance authority and the provider or the importer of the system, as applicable, to that effect.
2022/06/13
Committee: IMCOLIBE
Amendment 2019 #

2021/0106(COD)

Proposal for a regulation
Article 27 – paragraph 5
5. Upon a reasoned request from a national competent authority, distributors of high-risk AI systems shall provide that authority with all the information and documentation in its possession or available to it, in accordance with the obligations of distributors as outlined by this Regulation, that are necessary to demonstrate the conformity of a high-risk system with the requirements set out in Chapter 2 of this Title. Distributors shall also cooperate with that national competent authority on any action taken by that authority.
2022/06/13
Committee: IMCOLIBE
Amendment 2033 #

2021/0106(COD)

Proposal for a regulation
Article 28 – paragraph 2 a (new)
2 a. Providers that initially placed the high-risk AI system on the market or put it into service shall cooperate closely with distributors, importers, users, or other third-parties to supply them with the necessary information or documentation in their possession that is required for the fulfilment of the obligations set out in this Regulation, in particular at the moment when such distributors, importers, users or other third-parties become the new providers as determined in paragraph 1 and the initial providers are no longer considered a provider for the purposes of this Regulation as determined in paragraph 2.
2022/06/13
Committee: IMCOLIBE
Amendment 2040 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. Users of high-risk AI systems shall use such systems and implement human oversight in accordance with the instructions of use accompanying the systems, pursuant to paragraphs 2 and 5.
2022/06/13
Committee: IMCOLIBE
Amendment 2050 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 3
3. Without prejudice to paragraph 1, to the extent the user exercises control over the input data, that user shall ensure that input data is relevant in view of the intended purpose of the high-risk AI system. To the extent the user exercises control over the high-risk AI system, that user shall also ensure that relevant and appropriate robustness and cybersecurity measures are in place and are regularly adjusted or updated.
2022/06/13
Committee: IMCOLIBE
Amendment 2062 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 5 a (new)
5 a. Users of high-risk AI systems that are public authorities or Union institutions, bodies, offices and agencies shall conduct a fundamental rights impact assessment prior to commencing the use of a high-risk AI system;
2022/06/13
Committee: IMCOLIBE
Amendment 2125 #

2021/0106(COD)

Proposal for a regulation
Article 40 – paragraph 1 a (new)
The Commission shall issue standardisation requests covering all essential requirements of this Regulation in accordance with Article 10 of Regulation 1025/2012 no later than 6 months after the date of entry into force of this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 2131 #

2021/0106(COD)

Proposal for a regulation
Article 41 – paragraph 1
1. Where harmonised standards referred to in Article 40 do not exist or where the Commission considers that the relevant harmonised standards are insufficient or that there is a need to address specific safety or fundamental right concerns, the Commission may, by means of implementing acts, adopt common specifications in respect of the requirements set out in Chapter 2 of this Titleshall issue a standardisation request to one or several of the European standardization organizations in accordance with Article 10 of Regulation 1025/2012 and may, by means of implementing acts, adopt common specifications in respect of the requirements set out in Chapter 2 of this Title, which shall only be valid until the requested harmonised standards have been elaborated and published in the Official Journal of the European Union. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2).
2022/06/13
Committee: IMCOLIBE
Amendment 2139 #

2021/0106(COD)

Proposal for a regulation
Article 41 – paragraph 2
2. The Commission, when preparing the common specifications referred to in paragraph 1, shall gather the views of relevant stakeholders, including industry, start-ups, and SMEs, and of relevant bodies or expert groups established under relevant sectorial Union law.
2022/06/13
Committee: IMCOLIBE
Amendment 2293 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 1
1. AI regulatory sandboxes 1. established by one or more Member States competent authorities or the European Data Protection Supervisor shall provide a controlled environment that facilitates the development, testing and validation of innovative AI systems for a limited time beMember States shall establish AI regulatory sandboxes, which shall be operational by [24 months following the entering into force of this Regulation], and shall ensure that the competent authorities responsible fore their placement on the market or putting into service pursuant to a specific plan. Thi regulatory sandboxes shall take place under the direct supervision and guidance by the competent authorities with a view to ensuring compliance with the requirements of this Regulation and, where relevant, other Union and Member States legislation supervised within the sandboxve sufficient resources available to fulfil their duties effectively and in a timely manner. Regulatory sandboxes can also be established at local, regional or European level.
2022/06/13
Committee: IMCOLIBE
Amendment 2298 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 1 a (new)
1 a. AI regulatory sandboxes established by one or more Member States, by local, regional, or national competent authorities, by the Commission or by the European Data Protection Supervisor shall provide a controlled environment that facilitates the development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan. This shall take place under the direct supervision and guidance by the competent authorities with a view to ensuring compliance with the requirements of this Regulation and, where relevant, other Union and Member States legislation supervised within the sandbox.
2022/06/13
Committee: IMCOLIBE
Amendment 2333 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 5 a (new)
5 a. Regulatory sandboxes shall allow and facilitate the testing of possible adaptations of the regulatory framework governing artificial intelligence in order to enhance innovation or reduce compliance costs, without prejudice to the provisions of this Regulation or to the health, safety, fundamental rights of natural persons or to the values of the Union as enshrined in Article 2 TEU. The results and lessons learned from such tests shall be submitted to the AI Office and the Commission.
2022/06/13
Committee: IMCOLIBE
Amendment 2334 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 6
6. The modalities and the conditions of the operation of the AI regulatory sandboxes, including the eligibility criteria and the procedure for the application, selection, participation and exiting from the sandbox, and the rights and obligations of the participants shall be set out in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2). no later than 12 months following the entry into force of this Regulation and shall ensure, inter alia: (a) that they allow start-ups to use their participation in the sandbox in order to fulfil, in a guided environment with significantly reduced costs, the conformity assessment obligations of this Regulation or the voluntary application of the codes of conduct referred to in Article 69; (b) that adequate resources are dedicated to the establishment and functioning of the regulatory sandboxes so that the regulatory sandboxes can ensure broad access and keep up with demand for participation without creating disincentivising backlogs or delays; (c)that procedures, processes, and bureaucratic requirements for application, selection, participation, and exiting the sandbox are simple, easily intelligible, clearly communicated, and streamlined so as to facilitate the participation of startups with limited legal and bureaucratic capacities; (d) that procedures, processes, and bureaucratic requirements for application, selection, participation, and exiting the sandbox are streamlined across the Union and that participation in a regulatory sandbox established by a Member State by virtue of its obligation in paragraph 1 or by the Commission is uniformly recognised and carries the same legal effects across the Union.
2022/06/13
Committee: IMCOLIBE
Amendment 2341 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 6 a (new)
6 a. The Commission shall draw up guidelines for the proper establishment, development, implementation, functioning, and supervision of regulatory sandboxes.
2022/06/13
Committee: IMCOLIBE
Amendment 2347 #

2021/0106(COD)

Proposal for a regulation
Article 54 – paragraph 1 – introductory part
1. In the AI regulatory sandbox personal data lawfully collected for other purposes shall be processed for the purposes of developing and testing certain innovative AI systems in the sandbox underwhen all of the following conditions are met:
2022/06/13
Committee: IMCOLIBE
Amendment 2352 #

2021/0106(COD)

Proposal for a regulation
Article 54 – paragraph 1 – point a – point i
(i) the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security, under the control and responsibility of the competent authorities. The processing shall be based on Member State or Union law;
2022/06/13
Committee: IMCOLIBE
Amendment 2365 #

2021/0106(COD)

Proposal for a regulation
Article 54 – paragraph 1 – point j
(j) a short summary of the AI project developed in the sandbox, its objectives, hypotheses and expected results, and non- confidential testing results, is published on the website of the competent authorities.
2022/06/13
Committee: IMCOLIBE
Amendment 2493 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point a a (new)
(a a) issue opinions, recommendations or written contributions on matters related to the implementation of this Regulation;
2022/06/13
Committee: IMCOLIBE
Amendment 2494 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point a b (new)
(a b) examine, on its own initiative or on request of its management board, any question covering the application of this Regulation and issue guidelines, recommendations and best practices with a view to ensuring the consistent implementation of this Regulation;
2022/06/13
Committee: IMCOLIBE
Amendment 2495 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point a c (new)
(a c) provide the Commission, in the cases referred to in Article 68a (1)(a) and(1)(b), with all the available information at its disposal, including market studies, impact assessments, and analyses referred to in paragraph (f) of this article, to prepare the decision for triggering the Commission's intervention and opening of proceedings pursuant to Article 68a;
2022/06/13
Committee: IMCOLIBE
Amendment 2496 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point a d (new)
(a d) assist Member States in developing the organizational and technical expertise required for the implementation of this Regulation;
2022/06/13
Committee: IMCOLIBE
Amendment 2497 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point b
(b) contribute to uniform administrative practices in the Member States, including for the functioning of regulatory sandboxes referred to in Article 53by assisting Member States, the Commission, and, where applicable, other authorities in the establishment, development, and functioning of regulatory sandboxes referred to in Article 53, including by providing input and support in drafting the delegated acts referred to in Article 53(6);
2022/06/13
Committee: IMCOLIBE
Amendment 2501 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point b a (new)
(b a) Support innovation by coordinating the exchange of information and good practices and by facilitating the cooperation among regulatory sandboxes established according to Article 53 and by making available on its website the information referred to in Article 53 (5).
2022/06/13
Committee: IMCOLIBE
Amendment 2502 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c – introductory part
(c) issue opinions, recommendations or, written contributions, or studies on matters related to the implementation of this Regulation,technical specifications or existing standards regarding the requirements set out in Title III, Chapter 2 and on the use of harmonised standards or common specifications referred to in paArticular les 40and 41;
2022/06/13
Committee: IMCOLIBE
Amendment 2505 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c – point i
(i) on technical specifications or existing standards regarding the requirements set out in Title III, Chapter 2,deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2506 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c – point ii
(ii) on the use of harmonised standards or common specifications referred to in Articles 40 and 41,deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2507 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c – point iii
(iii) on the preparation of guidance documents, including the guidelines concerning the setting of administrative fines referred to in Article 71.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2516 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c a (new)
(c a) support the Commission and the Member States in the preparation of guidance documents, including the guidelines concerning the setting of administrative fines referred to in Article 71;
2022/06/13
Committee: IMCOLIBE
Amendment 2519 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c b (new)
(c b) encourage, facilitate and support the drawing up of risk-commensurate codes of conduct intended to foster the voluntary application to AI systems of those codes of conduct in close cooperation with industry and other relevant stakeholders in accordance with Article 69;
2022/06/13
Committee: IMCOLIBE
Amendment 2523 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c c (new)
(c c) carry out periodic in-depth horizon-scanning, foresight, and market monitoring exercises to analyse trends and emerging issues in respect of this Regulation, with a particular focus on emerging technologies and their interaction with artificial intelligence, European global competitiveness in artificial intelligence, the uptake of artificial intelligence technologies, the development of digital skills, and emerging systemic threats related to artificial intelligence, including those referred to in Article 68a (1)(a) and (1)(b);
2022/06/13
Committee: IMCOLIBE
Amendment 2528 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c d (new)
(c d) cooperate with the European Data Protection Board and with the FRA to provide guidance in relation to the respect of fundamental rights, in particular the right to non-discrimination and to equal treatment, the right to privacy and the protection of personal data;
2022/06/13
Committee: IMCOLIBE
Amendment 2534 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c e (new)
(c e) promote public awareness and understanding of the benefits, risks, rules and safeguards and rights in relation to the use of AI systems;
2022/06/13
Committee: IMCOLIBE
Amendment 2538 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c f (new)
(c f) promote the cooperation and effective bilateral and multilateral exchange of information and best practices between the national supervisory authorities;
2022/06/13
Committee: IMCOLIBE
Amendment 2540 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c g (new)
(c g) facilitate cooperation between the supervisory authorities of Member States and other supervisory authorities that might be responsible for the enforcement of this Regulation;
2022/06/13
Committee: IMCOLIBE
Amendment 2543 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c h (new)
(c h) support capacity and expertise building in supervisory authorities that are responsible for the enforcement of this Regulation;
2022/06/13
Committee: IMCOLIBE
Amendment 2544 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c i (new)
(c i) advise the Commission on the possible amendment of the Annexes by means of delegated acts in accordance with Article 73, in particular the annex listing high-risk AI systems;
2022/06/13
Committee: IMCOLIBE
Amendment 2545 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c j (new)
(c j) ensure that the national supervisory authorities actively cooperate in the implementation of this Regulation;
2022/06/13
Committee: IMCOLIBE
Amendment 2546 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c k (new)
(c k) adopt binding decisions for national competent authorities in cases of serious disagreements pursuant to article 59a (5);
2022/06/13
Committee: IMCOLIBE
Amendment 2547 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c l (new)
(c l) promote the development of a common European approach to benchmarking by cooperating with national metrology and benchmarking authorities and by issuing opinions, recommendations, written contributions, or studies with a view to ensure consistent and harmonised European benchmarking standards;
2022/06/13
Committee: IMCOLIBE
Amendment 2548 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c m (new)
(c m) provide guidance in relation to children’s rights, applicable law and minimum standards to meet the objectives of this Regulation that pertain to children;
2022/06/13
Committee: IMCOLIBE
Amendment 2549 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c n (new)
(c n) promote and support the accessible development and use of artificial intelligence systems, in accordance with the provisions of Directive (EU) 2019/882;
2022/06/13
Committee: IMCOLIBE
Amendment 2688 #

2021/0106(COD)

Proposal for a regulation
Article 64 – paragraph 2
2. Where necessary to assess the conformity of the high-risk AI system with the requirements set out in Title III, Chapter 2, after all other reasonable ways to verify conformity have been exhausted and have proven to be insufficient, and upon a reasoned request, the market surveillance authorities or, where applicable, the Commission, shall be granted access to the source code of the AI system. Such access shall be subject to existing Union law on the protection of intellectual property and trade secrets.
2022/06/13
Committee: IMCOLIBE
Amendment 2748 #

2021/0106(COD)

Proposal for a regulation
Article 67 – paragraph 1
1. Where, having performed an evaluation under Article 65, the market surveillance authority of a Member State finds that although an AI system is in compliance with this Regulation, it presents a risk to the health or safety of persons, or to the compliance with obligations under Union or national law intended to protect fundamental rights or to other aspects of public interest protection, it shall require the relevant operator to take all appropriate measures to ensure that the AI system concerned, when placed on the market or put into service, no longer presents that risk, to withdraw the AI system from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.
2022/06/13
Committee: IMCOLIBE
Amendment 2753 #

2021/0106(COD)

Proposal for a regulation
Article 67 – paragraph 2 a (new)
2 a. Should the provider or other relevant operators fail to take corrective action as referred to in paragraph 2 and should the AI system continue to present a risk as referred to in paragraph 1, the market surveillance authority may require the relevant operator, as a measure of last resort, to withdraw the AI system from the market or to recall it within a reasonable period, commensurate with the nature of the risk.
2022/06/13
Committee: IMCOLIBE
Amendment 2798 #

2021/0106(COD)

Proposal for a regulation
Article 70 – paragraph 1 – introductory part
1. NThe Commission, the AI Office, national competent authorities and notified bodies involved in the application of this Regulation shall respect the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect, in particular:
2022/06/13
Committee: IMCOLIBE
Amendment 2820 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 1
1. In compliance with the terms and conditions laid down in this Regulation, Member States shall lay down the rules on penalties, including administrative fines, applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are properly and effectively implemented. The penalties provided for shall be effective, proportionate, and dissuasive. They shall take into particular account the interests and size of small-scale providers and start- ups and their economic viability.
2022/06/13
Committee: IMCOLIBE
Amendment 2831 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 3 – introductory part
3. The following infringementsNon-compliance with the prohibition of the artificial intelligence practices referred to in Article 5 shall be subject to administrative fines of up to 30 000 000 EUR or, if the offender is a company, up to 6 % of its total worldwide annual turnover for the preceding financial year, whichever is higher:;
2022/06/13
Committee: IMCOLIBE
Amendment 2839 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 3 – point a
(a) non-compliance with the prohibition of the artificial intelligence practices referred to in Article 5;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2842 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 3 – point b
(b) non-compliance of the AI system with the requirements laid down in Article 10.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2845 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 3 a (new)
3 a. Non-compliance of the AI system with the requirements laid down in Article 10 shall be subject to administrative fines of up to 20 000 000 EUR or, if the offender is a company, up to 4 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
2022/06/13
Committee: IMCOLIBE
Amendment 2853 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 4
4. The nNon-compliance of the AI system with any requirements or obligations under this Regulation, other than those laid down in Articles 5 and 10, shall be subject to administrative fines of up to 210 000 000 EUR or, if the offender is a company, up to 42 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
2022/06/13
Committee: IMCOLIBE
Amendment 2876 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 7
7. Each Member State shall lay down rules on whether and to what extent administrative fines mayto be imposed on public authorities and bodies established in that Member State, with a view to ensure compliance with this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 2895 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 2 – introductory part
2. The following infringementsNon-compliance with the prohibition of the artificial intelligence practices referred to in Article 5 shall be subject to administrative fines of up to 51.000 000 EUR:;
2022/06/13
Committee: IMCOLIBE
Amendment 2901 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 2 – point a
(a) non-compliance with the prohibition of the artificial intelligence practices referred to in Article 5;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2904 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 2 – point b
(b) non-compliance of the AI system with the requirements laid down in Article 10.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2906 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 2 a (new)
2 a. non-compliance of the AI system with the requirements laid down in Article 10 shall be subject to administrative fines of up to 500 000 EUR.
2022/06/13
Committee: IMCOLIBE
Amendment 2910 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 3
3. The non-compliance of the AI system with any requirements or obligations under this Regulation, other than those laid down in Articles 5 and 10, shall be subject to administrative fines of up to 25300 000 EUR.
2022/06/13
Committee: IMCOLIBE
Amendment 2926 #

2021/0106(COD)

Proposal for a regulation
Article 73 – paragraph 3 b (new)
3 b. Delegated acts that lead to the modification or the addition of obligations on operators shall foresee an adequate transition period of no less than 24 months before their entry into force.
2022/06/13
Committee: IMCOLIBE
Amendment 2942 #

2021/0106(COD)

Proposal for a regulation
Article 82 a (new)
Article 82 a Sound regulation In taking into account the requirements of this Regulation pursuant to the Amendments in Articles 75, 76, 77, 78, 79, 80, 81, and 82, the Commission shall conduct an analysis and consult relevant stakeholders to determine potential gaps as well as overlaps between existing sectoral legislation and the provisions of this Regulation in order to avoid duplication, overregulation, and the creation of loopholes.
2022/06/13
Committee: IMCOLIBE
Amendment 2946 #

2021/0106(COD)

Proposal for a regulation
Article 83 – paragraph 1 – introductory part
1. This Regulation shall not apply toOperators of the AI systems which are components of the large-scale IT systems established by the legal acts listed in Annex IX that have been placed on the market or put into service before [12 months after the date of application of this Regulation referred to in Article 85(2)], unless the replacement or amendment of those legal acts leads to a significant change in the design or intended purpose of the AI system or AI systems concerned shall take the necessary steps to comply with the requirements of the present Regulation within 4 years of its entry into force.
2022/06/13
Committee: IMCOLIBE
Amendment 2952 #

2021/0106(COD)

Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 1
The requirements laid down in this Regulation shall be taken into account, where applicable, in the evaluation of each large-scale IT systems established by the legal acts listed in Annex IX to be undertaken as provided for in those respective acts and whenever those legal acts are replaced or amended.
2022/06/13
Committee: IMCOLIBE
Amendment 2957 #

2021/0106(COD)

Proposal for a regulation
Article 83 – paragraph 2
2. This Regulation shall apply to theOperators of high-risk AI systems, other than the ones referred to in paragraph 1, that have been placed on the market or put into service before [date of application of this Regulation referred to in Article 85(2)], only if, from that date, those systems are subject to significant changes shall take the necessary steps to comply with the requirements of the present Regulation within 2 years of its entry into force or at the time when such systems are subject to a substantial modification in their design or intended purpose.
2022/06/13
Committee: IMCOLIBE
Amendment 2976 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 3 – point b
(b) the state of penalties, and notably administrative fines as referred to in Article 71(1), applied by Member States to infringements of the provisions of this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 2977 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 3 – point b a (new)
(b a) the state of the development of harmonised standards and common specifications for Artificial Intelligence;
2022/06/13
Committee: IMCOLIBE
Amendment 2981 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 4
4. Within [threone years after the date of application of this Regulation referred to in Article 85(2)] and every fourtwo years thereafter, the Commission shall evaluate the impact and effectiveness of codes of conduct to foster the application of the requirements set out in Title III, Chapter 2 and possibly other additional requirements for AI systems other than high-risk AI systems.
2022/06/13
Committee: IMCOLIBE
Amendment 3047 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – introductory part
1. 1.Biometric identification and categorisation of natural persons:and biometrics-based systems: (a) AI systems intended to be used for the ‘real-time’ and ‘post’ remote biometric identification of natural persons; (b) AI systems intended to be used for the remote biometric categorisation of natural persons in publicly-accessible spaces; (c) AI systems intended to be used for emotion recognition in natural persons;
2022/06/13
Committee: IMCOLIBE
Amendment 3110 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 4 – point a
(a) AI systems intended to be used forin recruitment or selection of natural persons, notably for advertising vacancies, screening or filtering applications, or evaluating candidates in the course of interviews or tests;
2022/06/13
Committee: IMCOLIBE
Amendment 3117 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 4 – point b
(b) AI systems intended to be used for making decisions or to assist in making decisions on promotion and termination of work-related contractual relationships,; for personalized task allocation based on biometrics, biometrics-based, or personal data; and for monitoring and evaluating performance and behaviour of natural persons in such relationships.
2022/06/13
Committee: IMCOLIBE
Amendment 3125 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point a
(a) AI systems intended to be used by public authorities or on behalf of public authorities to evaluate the eligibility of natural persons for public assistance benefits and services, as well as to grant, reduce, revoke, increase, or reclaim such benefits and services;
2022/06/13
Committee: IMCOLIBE
Amendment 3163 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point b
(b) AI systems intended to be used by law enforcement authorities or on behalf of law enforcement authorities as polygraphs and similar tools or to detect the emotional state of a natural person;
2022/06/13
Committee: IMCOLIBE
Amendment 3166 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point c
(c) AI systems intended to be used by law enforcement authorities or on behalf of law enforcement authorities to detect deep fakes as referred to in article 52(3);
2022/06/13
Committee: IMCOLIBE
Amendment 3169 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point d
(d) AI systems intended to be used by law enforcement authorities or on behalf of law enforcement authorities for evaluation of the reliability of evidence in the course of investigation or prosecution of criminal offences;
2022/06/13
Committee: IMCOLIBE
Amendment 3182 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point f
(f) AI systems intended to be used by law enforcement authorities or on behalf of law enforcement authorities for profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 in the course of detection, investigation or prosecution of criminal offences;
2022/06/13
Committee: IMCOLIBE
Amendment 3196 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point a
(a) AI systems intended to be used by competent public authorities or on their behalf as polygraphs and similar tools or to detect the emotional state of a natural person;
2022/06/13
Committee: IMCOLIBE
Amendment 3204 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point b
(b) AI systems intended to be used by competent public authorities or on their behalf to assess a risk, including a security risk, a risk of irregular immigration, or a health risk, posed by a natural person who intends to enter or has entered into the territory of a Member State;
2022/06/13
Committee: IMCOLIBE
Amendment 3208 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point c
(c) AI systems intended to be used by competent public authorities or on their behalf for the verification of the authenticity of travel documents and supporting documentation of natural persons and detect non-authentic documents by checking their security features;
2022/06/13
Committee: IMCOLIBE
Amendment 3213 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d
(d) AI systems intended to be used by competent public authorities or on their behalf or to assist competent public authorities forin the examination of applications for asylum, visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status.
2022/06/13
Committee: IMCOLIBE
Amendment 3230 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 8 – point a
(a) AI systems intended to be used by a judicial authority or administrative body or on their behalf or to assist a judicial authority or administrative body in researching and interpreting facts andor the law and in applying the law to a concrete set of facts.
2022/06/13
Committee: IMCOLIBE
Amendment 3235 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 8 – point a a (new)
(a a) AI systems used by political parties, political candidates, public authorities, or on their behalf for influencing natural persons in the exercise of their vote in local, national, or European Parliament elections;
2022/06/13
Committee: IMCOLIBE
Amendment 3237 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 8 a (new)
8 a. Other applications: (a) AI systems intended to be used to generate, on the basis of limited human input, complex text content that would falsely appear to a person to be human generated and authentic, such as news articles, opinion articles, novels, scripts, and scientific articles, with the exception of AI systems used exclusively for content that undergoes human review and for the publication of which a natural or legal person established in the Union is liable or holds editorial responsibility; (b) AI systems intended to be used to generate or manipulate audio or video content that features existing natural persons appearing to say or do something they have never said or done, with the exception of AI systems used exclusively for content that forms part of an evidently artistic, creative or fictional cinematographic and analogous work; (c)AI systems that deploy subliminal techniques for scientific research and for therapeutical purposes;
2022/06/13
Committee: IMCOLIBE
Amendment 3280 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 5
5. A description of any relevant change made to the system through its lifecycle;
2022/06/13
Committee: IMCOLIBE
Amendment 3286 #

2021/0106(COD)

Proposal for a regulation
Annex VII – point 4 – point 4.5
4.5. Where necessary to assess the conformity of the high-risk AI system with the requirements set out in Title III, Chapter 2, after all other reasonable ways to verify conformity have been exhausted and have proven to be insufficient, and upon a reasoned request, the notified body shall also be granted access to the source code of the AI system. Such access shall be subject to existing Union law on the protection of intellectual property and trade secrets.
2022/06/13
Committee: IMCOLIBE
Amendment 3294 #

2021/0106(COD)

Proposal for a regulation
Annex VIII – paragraph 1 a (new)
1a.The following information shall be provided and updated with regard to high risk AI systems to be registered in accordance with Article 51(2) by users who are or act on behalf of public authorities or Union institutions, bodies, offices or agencies: 1. the name, address and contact details of the user; 2. the name, address and contact details of any person submitting information on behalf of the user; 3. the high-risk AI system trade name and any additional unambiguous reference allowing identification and traceability of the AI system used; 4. description of the intended use of the AI system, including the specific outcomes sought through the use of the system; 5. a summary of the findings of the fundamental rights impact assessment conducted in accordance with the obligation of public authorities or Union institutions, agencies, offices or bodies set out in this Regulation; 6. a summary of the data protection impact assessment carried out in accordance with Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680 as specified in paragraph 6 of Article 29 of this Regulation, where applicable; 6. a declaration of conformity with the applicable data protection rules.
2022/06/13
Committee: IMCOLIBE
Amendment 18 #

2021/0046(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/816
Article 2 – paragraph 1
This Regulation applies to the processing of identity information of third-country nationals who have been subject to convictions in the Member States for the purpose of identifying the Member States where such convictions were handed down [as well as for the purposes of border management]29 . With the exception of point (b)(ii) of Article 5(1), the provisions of this Regulation that apply to third- country nationals also apply to citizens of the Union who also hold the nationality of a third country and who have been subject to convictions in the Member States. _________________ 29 COM/2019/3 final.
2022/01/25
Committee: LIBE
Amendment 21 #

2021/0046(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a
Regulation (EU) 2019/816
Article 5 – paragraph 1 – point c
(c) a flag indicating, for the purpose of [Regulation (EU) 2018/1240 and of Article 11 and 12 of Regulation (EU) …/… [Regulation on Screening], that the third- country national concerned has been convicted for a terrorist offence or any other serious criminal offence listed in the annex to Regulation (EU) 2018/1240 if they are punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years, and in those cases the code of the convicting Member State(s).’;
2022/01/25
Committee: LIBE
Amendment 24 #

2021/0046(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2019/816
Article 7 – paragraph 7 – point c
(c) [border management]31 ; _________________ 31 Op. cit. 29.deleted
2022/01/25
Committee: LIBE
Amendment 25 #

2021/0046(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2019/816
Article 7 – paragraph 7 – point d
(d) assessing whether a third country national subject to screening checks would pose a threat to public policy or publicinternal security, in accordance with Regulation (EU) …/… [Regulation on Screening].
2022/01/25
Committee: LIBE
Amendment 27 #

2021/0046(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/816
Article 7a – paragraph 3
The consultation of national criminal records based on the flagged ECRIS-TCN data shall take place in accordance with national law and using national channels. The relevant national authorities shall provide an opinion to the competent authorties referred to in Article 6(7) of Regulation (EU) …/… [Regulation on Screening] within two days where the screening takes place on the territory of the Member States or within four days where the screening takes place at external borderfour days. The absence of opinion within these deadlines shall mean that there are no security grounds to be taken into account.’
2022/01/25
Committee: LIBE
Amendment 29 #

2021/0046(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) 2019/816
Article 24 – paragraph 1 – point b
(b) [border management]32 or _________________ 32 Op. cit. 29.deleted
2022/01/25
Committee: LIBE
Amendment 31 #

2021/0046(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Regulation (EU) 2019/818
Article 24 – paragraph 5 – subparagraph 1
(5) Each Member State shall keep logs of queries that its authorities and the staff of those authorities duly authorised to use the CIR make pursuant to Articles 20, 20a, 21 and 22. Each Union agency shall keep logs of queries that its duly authorised staff make pursuant to Articles 21 and 22.deleted
2022/01/25
Committee: LIBE
Amendment 4 #

2020/2221(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Notes that in its study the Commission identifies 9 main criminal markets and estimates that the annual revenues of these markets represented 139 billion in 2019; Stresses in particular that the markets for trafficking in human beings for sexual exploitation and migrant smuggling represent 7.185 billion and 289 million respectively; Stresses the importance of the collection of data by the relevant agencies in order to better assess the situation.
2021/09/08
Committee: LIBE
Amendment 11 #

2020/2221(INI)

Draft opinion
Paragraph 2
2. HRegrets the lack of harmonisation in national legislation to combat organised crime; highlights that organised criminal groups take advantage of the different laws in individual Member States, and that the development of a harmonised anti-fraud approach at EU level is complicated by differing definitions of organised crime; reiterates therefore its previous calls for the revision of Council Framework Decision 2008/841/JHA of 24 October 2008, and the need to establish a common definition of organised crime, which should also take into account the use of new technologies and the use of violence, corruption or intimidation by criminal groups to obtain control of economic activities or public procurement, or to influence democratic processes;
2021/09/08
Committee: LIBE
Amendment 13 #

2020/2221(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Notes that the Commission's study identifies six main threats that could within five years significantly alter the way organised crime operates; highlights among these the impact of the coronavirus prompting a change in the modus operandi of organised crime cells; notes that this is also linked to the accelerated use of cryptocurrencies and non-banking payments; notes also that Europol has observed an increase in coronavirus-related criminal activity in the form of online crime, fraud or counterfeiting.
2021/09/08
Committee: LIBE
Amendment 16 #

2020/2221(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Recalls that in order to tackle the coronavirus pandemic and to ensure the sustainable transition of our economies, the Commission is making available EUR 672.5 billion in the form of loans and grants to support the reforms and investments undertaken by the Member States through the Recovery and Resilience Facility; stresses the need to pro-actively ensure that the money is well used but also to provide the necessary resources to the control and audit institutions in order to ensure that the money is used in the interest of all European citizens.
2021/09/08
Committee: LIBE
Amendment 20 #

2020/2221(INI)

Draft opinion
Paragraph 3
3. Welcomes the start of operations of the European Public Prosecutor’s Office (EPPO) on 1 June 2021; reiterates the need to ensure that the EPPO has all the necessary resources to carry out its functions, in order to protect the EU’s financial interests; responsible for investigating, prosecuting and bringing to judgment crimes against the financial interests of the EU including several types of fraud, VAT fraud with damages above 10 million euro, money laundering, corruption, etc; reiterates the need to ensure that the EPPO has all the necessary resources to carry out its functions, in order to protect the EU’s financial interests; regrets that five Member States have not yet joined the EPPO; recalls the importance of cooperation with other EU bodies and agencies such as OLAF, Eurojust and Europol.
2021/09/08
Committee: LIBE
Amendment 54 #

2020/2196(INI)

Motion for a resolution
Paragraph 2
2. Deplores the fact that internal border controls are continuing to be introduced by some Member States as a unilateral response to new challenges, before they have given proper consideration to the common European interest in maintaining Schengen as an area without internal border controls; reiterates its call on the Commission to exercise appropriate scrutiny over the application of the Schengen acquis, including through the use of infringement procedures, and underlines the urgent need to enhance mutual trust and cooperation among the Schengen states and appropriate governance for the Schengen area; recalls that despite identifying significant shortcomings in the implementation of the Schengen acquis, the Commission has been slow or outright reluctant to initiate infringement proceedings, thereby contributing to the existing enforcement gap;
2021/01/20
Committee: LIBE
Amendment 57 #

2020/2196(INI)

Motion for a resolution
Paragraph 3
3. Reiterates the need for Member States to respect the law as enshrined in the Treaties and the Charter of Fundamental Rights, and to implement border measures in a lawful and non-discriminatory way;
2021/01/20
Committee: LIBE
Amendment 130 #

2020/2196(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Points out that despite the Commission adopting 198 evaluation reports in the period 2015-2019, only 45 Schengen evaluations have been closed; calls on the Member States to step up implementation of evaluation findings and Council recommendations;
2021/01/20
Committee: LIBE
Amendment 133 #

2020/2196(INI)

Motion for a resolution
Paragraph 10 b (new)
10b. Calls on the Commission to allocate sufficient resources to ensure a comprehensive evaluation of the Schengen system, including by increasing the number of on-site visits in the Member States; notes that announcing to the Member State concerned an 'unannounced' visit 24 hours in advance defeats the purpose of unannounced visits and requests a change of practice;
2021/01/20
Committee: LIBE
Amendment 134 #

2020/2196(INI)

Motion for a resolution
Paragraph 10 c (new)
10c. Notes that a Schengen evaluation cycle takes on average two years; calls on the Commission and the Council to speed up the process, in particular the adoption of Council recommendations, which takes on average 32 weeks;
2021/01/20
Committee: LIBE
Amendment 135 #

2020/2196(INI)

Motion for a resolution
Paragraph 10 d (new)
10d. Highlights the recurrent deficiencies and areas of improvement in the Schengen system identified by the Commission: incomplete or non-conform transposition, implementation and application of pertinent Schengen acquis; insufficient number of staff and inadequate qualification and/or training; diverging and inconsistent national practices due to incoherent implementation of the Schengen acquis; fragmented administrative structures with insufficient coordination and integration of the different authorities; and practical, technological and regulatory barriers to cooperation within the Schengen area; recalls that these problems constitute fundamental obstacles to the proper functioning of Schengen and urges the Member States to finally give them appropriate attention;
2021/01/20
Committee: LIBE
Amendment 172 #

2020/2196(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Recalls that in light of the continued threats posed by transnational crime and the establishment of the European Public Prosecutor's Office, the fragmented legal framework in the area of police cooperation in Europe is insufficient; calls on the Commission to come forward with legislative proposals to strengthen police cooperation, including by enhancing the role of Europol and developing a synergistic relationship with the EPPO, supplemented with initiatives aiming to reinforce public oversight and accountability of police action;
2021/01/20
Committee: LIBE
Amendment 178 #

2020/2196(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Welcomes, that as of 1 January 2021, Ireland has begun to apply parts of the Schengen acquis; notes that Ireland's participation will benefit the security and well-being of citizens all over Europe, in particular in light of the UK's new status as a third country; encourages Ireland to join the Schengen system in full to further strengthen border management and security cooperation in Europe, without prejudice to the special arrangements governing the North/South border.
2021/01/20
Committee: LIBE
Amendment 7 #

2020/2194(DEC)

Draft opinion
Paragraph 2
2. NotStresses that the Court found that the payments underlying the accounts were legal and regular for all agencies except for EASO, for which a qualified opinion was issued due to irregularities in regard to public procurement procedures and related payments; is disappointed that the legality and regularity of payments only slowly improved in 2019; regrets that, once again, there were irregular payments, representing 14,6 % of the value of all payments made by EASO in 2019; Acknowledges that the Executive Director is taking action to improve the management of EASO;
2021/01/19
Committee: LIBE
Amendment 14 #

2020/2194(DEC)

Draft opinion
Paragraph 4
4. NotUnderlines that public procurement continues to be the main area prone to error in relation to all Union decentralised agencies; calls therefore on the affected JHA agencies, i.e. Europol, CEPOL to improve their public procurement procedures with a view to compliance with applicable rules and as a result, the achievement of the most economically advantageous purchases, while respecting the principles of transparency, proportionality, equal treatment and non- discrimination and eu-LISA to improve the recruitment procedure.
2021/01/19
Committee: LIBE
Amendment 16 #

2020/2194(DEC)

Draft opinion
Paragraph 4 a (new)
4 a. Stresses the importance to increase the digitalisation of the agencies in terms of internal operation and management but also in order to speed up the digitalisation of procedures; stresses the need for the agencies to continue to be proactive in this regard in order to avoid a digital gap between the agencies at all costs; draws attention, however, to the need to take all the necessary security measures to avoid any risk to the online security of the information processed.
2021/01/19
Committee: LIBE
Amendment 23 #

2020/2194(DEC)

Draft opinion
Paragraph 4 b (new)
4 b. Calls on the agencies to continue to develop synergies, increase cooperation and exchange of good practices with other European agencies with a view to improving efficiency (human resources, building management, IT services and security).
2021/01/19
Committee: LIBE
Amendment 5 #

2020/2181(DEC)

Draft opinion
Paragraph 3
3. Reiterates the Agency's very low budget implementation in 2019, with close to 55.2 % (EUR 159 million) of commitment appropriations carried forward and 47.832 % (EUR 66 million) of payment appropriations unused; acknowledges that this was due to the late adoption or entry into force of certain legislative acts; calls on the Agency and the Commissionrecommends to the Commission and the Agency to start their dialogue at the earliest stage of preparation of new legal proposals in order to improve the budgetary planning in the future and to improveheir alignment of budgetary planning with the timing of the related legal acts;
2021/01/20
Committee: LIBE
Amendment 14 #

2020/2181(DEC)

Draft opinion
Paragraph 5 a (new)
5 a. Calls on the Agency to continue to develop its synergies, increase cooperation and exchange of good practices with other European agencies with a view to improving efficiency (human resources, building management, IT services and security).
2021/01/20
Committee: LIBE
Amendment 16 #

2020/2181(DEC)

Draft opinion
Paragraph 5 b (new)
5 b. Stresses the importance to increase the digitalisation of the Agency in terms of internal operation and management but also in order to speed up the digitalisation of procedures; stresses the need for the Agency to continue to be proactive in this regard in order to avoid a digital gap between the agencies at all costs; draws attention, however, to the need to take all the necessary security measures to avoid any risk to the online security of the information processed;
2021/01/20
Committee: LIBE
Amendment 17 #

2020/2181(DEC)

Draft opinion
Paragraph 5 c (new)
5 c. Underlines the important effect of turnover within the staff of the agencies of the European Union; calls for the implementation of human and social policies to remedy it.
2021/01/20
Committee: LIBE
Amendment 5 #

2020/2172(DEC)

Draft opinion
Paragraph 1
1. Underlines the important role of the European Union Agency for Law Enforcement Cooperation (‘Europol’) in supporting Member States’ criminal investigations; emphasises also the extension of its tasks and its growing role in the prevention and combating of serious crime, including terrorism, across Europe;
2021/01/19
Committee: LIBE
Amendment 7 #

2020/2172(DEC)

Draft opinion
Paragraph 1 a (new)
1 a. Calls on the Agency to continue to develop its synergies, increase cooperation and exchange of good practices with other European agencies with a view to improving efficiency (human resources, building management, IT services and security) ; welcomes the cooperation within the JHA Agencies Network chaired by Europol in 2019 to prepare a strategy paper on the future of the EU Security Architecture and the role of JHA agencies;
2021/01/19
Committee: LIBE
Amendment 15 #

2020/2172(DEC)

Draft opinion
Paragraph 3
3. NoteHighlights that the number of operations that Europol supported grew from 1 748 in 2018 to 1 921 in 2019 (representing an increase of 9,89 %) and that operational meetings funded by Europol increased from 427 in 2018 to over 500 in 2019 (representing an increase of 17%);
2021/01/19
Committee: LIBE
Amendment 20 #

2020/2172(DEC)

Draft opinion
Paragraph 4 a (new)
4 a. Stresses the importance to increase the digitalisation of the Agency in terms of internal operation and management but also in order to speed up the digitalisation of procedures; stresses the need for the Agency to continue to be proactive in this regard in order to avoid a digital gap between the agencies at all costs; draws attention, however, to the need to take all the necessary security measures to avoid any risk to the online security of the information processed;
2021/01/19
Committee: LIBE
Amendment 27 #

2020/2172(DEC)

Draft opinion
Paragraph 4 b (new)
4 b. Underlines the important effect of turnover within the staff of the agencies of the European Union; calls for the implementation of human and social policies to remedy it;
2021/01/19
Committee: LIBE
Amendment 1 #

2020/2167(DEC)

Draft opinion
Paragraph -1 (new)
-1. Recalls the conclusions of the first opinion of the Committee on Civil Liberties, Justice and Home Affairs and the final report of the Committee on Budgetary Control which led to the decision to postpone the granting of discharge in respect of the implementation of the Agency's budget for the financial year 2019 until these elements have been clarified and properly presented by the Agency, and until the OLAF investigation has been completed; emphasizes that by postponing the discharge, the Parliament has given the Agency an additional six months to respond to the various elements that were developed in the discharge report voted on the 28th April of 2021; is concerned about the resumption of our work in committee and the short period of time after the first vote in plenary;
2021/07/06
Committee: LIBE
Amendment 2 #

2020/2167(DEC)

Draft opinion
Paragraph 1
1. Notes with concern the findings of the Court of Auditors (the Court) in its special report1 ; takes the view that any future special report by the Court on the Agency's activities should n° 08/2021 on Frontex's support for the management of external borders; points out that the audit period runs from the end of 2016, when the Agency's new mandate comes into force, to the end of 2020; recalls, however, that the opinion should only consider elements for the year 2019; invites the Court in future to include an analysis regardingof respect for and the protection of fundamental rights; _________________ 1 https://www.eca.europa.eu/Lists/ECADocu ments/SR21_08/SR_Frontex_EN.pdf in any future special report on the Agency's activities;
2021/07/06
Committee: LIBE
Amendment 9 #

2020/2167(DEC)

Draft opinion
Paragraph 2
2. Notes with regret the weaknesses detected with respect to the Agency's primary activities in support of the fight against irregular immigration and the fight against cross-border crime which are caused by an incomplete implementation of the 2016 mandate and the failure of the Agency to take the measures necessary to adapt its organisation to fully implement that mandate; notes that not all of the Agency's responsibilities as a result of its 2016 mandate changes have yet been implemented; notes with concern that the Court identifies a significant risk that the Agency will struggle to carry out the mandate given to it by Regulation (EU) 2019/18962 ; acknowledges the gaps and inconsistencies of the information exchange network and further acknowledges the weaknesses in Member States implementation of Regulation (EU) No 1052/2013 establishing the European border surveillance system (EUROSUR); _________________ 2Regulation (EU) 2019/1896 of the European Parliament and of the Counnotes in particular ongoing issues of data completeness and quality in the data- collection process of Frontex's vulnerability assessment, despite Member States' obligation to provide the information Frontex needs; emphasizes that the Agency has accepted the recommendations made by the Court in its special of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).report and that a series of changes are in the process of being implemented or have already been implemented since the release of the report; recalls that Frontex defined 30 actions based on FRaLO Working Group recommendations and that these actions are excepted to be implemented by 31 August 2021 in order to fulfill its mandate;
2021/07/06
Committee: LIBE
Amendment 34 #

2020/2167(DEC)

Draft opinion
Paragraph 6
6. Notes that the OLAF investigation into Frontex is still ongoing; notes also that the European Ombudsman's inquiry with respect to the Agency's complaints mechanism, case OI/5/2020/MHZ, was closed on 15 June 2021, concluding that there were no grounds for further investigation while identifying many areas for improvement in the operation of the Agency; finding, among other things, a regrettable lack of transparency; notes in addition that the Agency's management board has closed its investigation on 13 incidents in the Aegean Sea; recalls that Parliament's Frontex Scrutiny Working Group has not yet completed its report on the allegations of violations of fundamental rights by the Agency;
2021/07/06
Committee: LIBE
Amendment 41 #

2020/2167(DEC)

Draft opinion
Paragraph 7
7. ConcludStresses that the increased competences and budget for the Agency need to be accompanied by a corresponding increase in accountability and transparency; stresses that discharge for the Agency is conditional on such accountability and transparency, especially on the Agency's commitment to Union law; stresses in this context the need for a full clarificawelcomes the establishment of the transparency register on 5 May 2021 to make public interactions of the alleged violations of fundamental rights at the external borFrontex agents with third- party stakeholders;
2021/07/06
Committee: LIBE
Amendment 44 #

2020/2167(DEC)

Draft opinion
Paragraph 7 – subparagraph 1 (new)
Stresses that discharge for the Agency is conditional on such accountability and transparency, especially on the Agency's commitment to Union law; stresses in this context the need for full compliance with fundamental rights at the external borders; expects the fundamental rights monitors to carry out their mission thoroughly and support the implementation of the action plan;
2021/07/06
Committee: LIBE
Amendment 47 #

2020/2167(DEC)

Draft opinion
Paragraph 8
8. Declares that, as all of the above issues have not been adequately clarified and presented by the Agency to Parliament, including the issues set out in the recent special report of the Court, and until the OLAF investigation is completed, the Parliament is not in a position to grant discharge in respect of the implementation of the Agency’s budget for the financial year 2019e need to provide a revised discharge report by the Budgetary Control Committee to analyse the evolution of elements in regard of the conclusion of the European Parliament Frontex Scrutiny Working Group, a thorough assessment of the implementation of Frontex's roadmap by 31 August 2021 and the conclusions from the OLAFs investigation when they become available.
2021/07/06
Committee: LIBE
Amendment 2 #

2020/2158(DEC)

Draft opinion
Paragraph 3
3. Deplores the fact that Eurojust was faced with a decrease in its budget from EUR 47 to 44 million (-6.38%) and a slight increase in staff from 238 to 239 (+0.4%) despite an increase in the number of cases to be processed by the agency in recent years and a 17% increase in workload compared to 2018; reminds that the workload is expected to increase further due to the new mandate which entered into force in 20191 ; further recallhighlights that the number of coordination centres held in 2019 increased from 17 to 20 (+19%), demonstrating the popularity and utility of this operational tool; stresses the essential role that Eurojust plays in the Union security chain and maintains that its budget should match its tasks and priorities in order to enable it to fulfil its mandate; _________________ 1Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A32018 R1727
2021/01/15
Committee: LIBE
Amendment 9 #

2020/2158(DEC)

Draft opinion
Paragraph 4
4. NoteRegrets that anEurojust has not yet taken the necessary measures despite the Court's outstanding observation from 2018, namely, concerning the use of a negotiated procurement procedure is still to be justified;, which remains unjustified to date.
2021/01/15
Committee: LIBE
Amendment 13 #

2020/2158(DEC)

Draft opinion
Paragraph 5 a (new)
5 a. Underlines the important effect of turnover within the staff of the agencies of the European Union; calls for the implementation of human and social policies to remedy it;
2021/01/15
Committee: LIBE
Amendment 14 #

2020/2158(DEC)

Draft opinion
Paragraph 5 b (new)
5 b. Stresses the importance to increase the digitalisation of the Agency in terms of internal operation and management but also in order to speed up the digitalisation of procedures; stresses the need for the Agency to continue to be proactive in this regard in order to avoid a digital gap between the agencies at all costs; draws attention, however, to the need to take all the necessary security measures to avoid any risk to the online security of the information processed;
2021/01/15
Committee: LIBE
Amendment 15 #

2020/2158(DEC)

Draft opinion
Paragraph 5 c (new)
5 c. Calls on the Agency to continue to develop its synergies, increase cooperation and exchange of good practices with other European agencies with a view to improving efficiency (human resources, building management, IT services and security).
2021/01/15
Committee: LIBE
Amendment 2 #

2020/2153(DEC)

Draft opinion
Paragraph 2 a (new)
2 a. Calls on the agency to continue to develop its synergies, increase cooperation and exchange of good practices with other European agencies with a view to improve efficiency (human resources, building management, IT services and security);
2021/01/19
Committee: LIBE
Amendment 3 #

2020/2153(DEC)

Draft opinion
Paragraph 2 b (new)
2 b. Welcomes the cooperation between the Centre and EUROPOL; acknowledges the publication of their third joint report on EU Drug Markets and its supporting digital information package; notes the two new cooperations at institutional level with the European Chemicals Agency (ECHA) and the European Food Safety Authority (EFSA), in order to implement the New Psychoactive Substances legislation;
2021/01/19
Committee: LIBE
Amendment 7 #

2020/2153(DEC)

Draft opinion
Paragraph 3 a (new)
3 a. Stresses the importance to increase the digitalisation of the agency in terms of internal operation and management but also in order to speed up the digitalisation of procedures; stresses the need for the agency to continue to be proactive in this regard in order to avoid a digital gap between the agencies at all costs; draws attention, however, to the need to take all the necessary security measures to avoid any risk to the online security of the information processed;
2021/01/19
Committee: LIBE
Amendment 11 #

2020/2153(DEC)

Draft opinion
Paragraph 3 b (new)
3 b. Underlines the important effect of turnover within the staff of the Union agencies; calls for the implementation of human and social policies to remedy it.
2021/01/19
Committee: LIBE
Amendment 2 #

2020/2152(DEC)

Draft opinion
Paragraph 1
1. Reiterates the role of the Fundamental Rights Agency (‘FRA’ or ‘the Agency’) in helping to ensure that the fundamental rights of people living in the Union are protected; recalls the importance of the Agency in promoting the reflection on the appropriate balance between security and fundamental rights; highlights, in particular, the value of the Agency’s studies and opinions for the development of Union legislation and its commitment to research and reporting all types of discrimination within the Union;
2021/01/19
Committee: LIBE
Amendment 11 #

2020/2152(DEC)

Draft opinion
Paragraph 3
3. Regrets that the levels of commitment carry-overs for operational expenditure once again remained high at 60 %, which is a lower percentage than in 2018, but still indicates a structural problem; notes the decrease of 10% between 2018 and 2019; stresses that this high percentage still indicates a structural problem despite the Agency improvement to better monitor delays between the signature of contracts, deliveries and payments; calls on the Agency to further improve its financial planning and its implementation cycles;
2021/01/19
Committee: LIBE
Amendment 13 #

2020/2152(DEC)

Draft opinion
Paragraph 4
4. Welcomes the progress made by the 4. Stresses the importance to increase the digitalisation of the Agency in terms of internal operation and management but also in order to speed up the digitalisation of procedures; stresses the need for the Agency to continue to be proactive in this regard in order to avoid a digital gap between the agencies at all costs; draws attention, however, to the need to take all the necessary security measures to avoid any risk to the online security of the information processed; welcomes the progress made by the Agency in relation to the recommendations of the Court on the introduction of e- tendering; calls on the FRA to step up its efforts regarding the outstanding recommendation on e-submission.
2021/01/19
Committee: LIBE
Amendment 18 #

2020/2152(DEC)

Draft opinion
Paragraph 4 a (new)
4 a. Stresses the efforts to consolidate the Agency's new organisational structure; welcomes this reorganisation and the achievement of the objective of gender balance in management positions, as set by the Parliament;
2021/01/19
Committee: LIBE
Amendment 21 #

2020/2152(DEC)

Draft opinion
Paragraph 4 b (new)
4 b. Calls on the Agency to continue to develop its synergies, increase cooperation and exchange of good practices with other European agencies with a view to improving efficiency (human resources, building management, IT services and security);
2021/01/19
Committee: LIBE
Amendment 23 #

2020/2152(DEC)

Draft opinion
Paragraph 4 c (new)
4 c. Underlines the important effect of turnover within the staff of the agencies of the European Union; calls for the implementation of human and social policies to remedy it.
2021/01/19
Committee: LIBE
Amendment 32 #

2020/2113(INI)

Motion for a resolution
Recital C
C. whereas the US continues to play a relevant role in the region, including through a direct military presence; whereas Israel, Qatar, Bahrain, Kuwait, Jordan and Egypt all have major non- NATO ally status, EU Member States, Iran, Russia, Turkey and UN peace keeping forces have a direct military presence in the region;
2022/06/23
Committee: AFET
Amendment 41 #

2020/2113(INI)

Motion for a resolution
Recital D
D. whereas the summit of 27 to 28 March 2022 between Israel, the United Arab Emirates, Bahrain, Egypt and Morocco aiming to create a security alliance, which was also attended by the US Secretary of State, paved the way for a new regional approach to security and confirmed the countries’ intention to divide the region into blocks;
2022/06/23
Committee: AFET
Amendment 66 #

2020/2113(INI)

Motion for a resolution
Recital F
F. whereas countries in the region are keyimportant trading partners for the EU and there are important economic ties between the two sides; whereas the ongoing global energy crisis; whereas the latest energy crisis exacerbated by Russia's war in Ukraine has led to increased contact with Qatar and other countries in the region on the import of energy resources into the EU; whereas there is potential for stronger cooperation in other areas such as the green transition, tourism, better governance, culture, education and human rights;
2022/06/23
Committee: AFET
Amendment 77 #

2020/2113(INI)

Motion for a resolution
Recital G
G. whereas problems associated with non-inclusive governance and breaches of the rule of law in the region are a significant source of instability; whereas the imprisonment or torture of political opposition figures and social activists across the region is paving the way for further conflicthas increased in response to the legitimate democratic aspirations expressed in the Arab spring in 2011;
2022/06/23
Committee: AFET
Amendment 88 #

2020/2113(INI)

Motion for a resolution
Recital I
I. whereas the EU guidelines on violence against women and girls andfull inclusion of women in the prevention and resolution of conflicts has proven to be beneficial in promoting security and stability globally; whereas the promotion of women’s rights and gender equality shouldcontinues to be at the core of ithe EU's strategy for the region; whereas women’s human rights are beingfundamental rights continue to be systematically violated and women’s rights activists in the region continue to be detained and imprisoned in the regionharassed, intimidated, imprisoned or barred from travelling;
2022/06/23
Committee: AFET
Amendment 91 #

2020/2113(INI)

Motion for a resolution
Recital I a (new)
I a. whereas studies have demonstrated that the clampdown on media pluralism and freedom of the press has further destabilised the region, by increasing the promotion of violence and demonizing all opposition voices;
2022/06/23
Committee: AFET
Amendment 121 #

2020/2113(INI)

Motion for a resolution
Paragraph 3
3. Notes that the region is becoming increasingly polarised into blocks; considers this counterproductive for the EU’s goals in the area of stability and security; calls on the EU to enhance its bilateral discussions with all the different stakeholderhas undergone historical changes since the Arab spring of 2011; stresses however that the instability that has followed has been caused by the decision of authoritarian regimes to use violence against peaceful protests and criticism, and not by the fact that their citizens had the courage to demand more rights and freedoms;
2022/06/23
Committee: AFET
Amendment 129 #

2020/2113(INI)

Motion for a resolution
Paragraph 4
4. Highlights the important role the EU could play in facilitating dialogue between regional and local stakeholders, including civil society peaceful opposition voices, unions and the business community, which is key to fostering stability; calls, therefore, for cooperation with the regional supranatcivil society actors and the regional organisations to be enhanced;
2022/06/23
Committee: AFET
Amendment 141 #

2020/2113(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Expresses its concern about the growing food crisis in the region caused by Russia's war of aggression against Ukraine, calls on the governments of the region to cooperate in addressing food shortages, and calls on the EU to play an active role and provide support in this area;
2022/06/23
Committee: AFET
Amendment 155 #

2020/2113(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Stresses the particular responsibility of the Syrian regime in destabilising the region following its all- out repression on peaceful protesters in 2011; underlines the particular responsibility of Russia, as a permanent member of the UN Security Council, in opposing 18 vetoes against the UN Security Council resolutions which aimed at finding a political situation to the Syrian crisis since 2011; recalls the human tragedy caused by the killing of half a million Syrians and the displacement of over half of its population internally and as refugees across the region and Europe; urges Syria to stop using chemical weapons on its civilian population; welcomes the decision of April 2021 of the Organisation for the Prohibition of Chemical Weapons (OPCW) to suspend Syria's members from the organisation;
2022/06/23
Committee: AFET
Amendment 169 #

2020/2113(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Stresses the humanitarian disaster caused by the war in Yemen since 2016; calls on all parties to abide by International Humanitarian Law and fully engage in the UN-led peace talks;
2022/06/23
Committee: AFET
Amendment 197 #

2020/2113(INI)

Motion for a resolution
Paragraph 8
8. Expresses deep concern about a potential nuclear race in the region and calls on the EU to activatestep up all diplomatic efforts to avoid it; calls on Israel to ratify the Treaty on the Non-Proliferation of Nuclear Weapons;
2022/06/23
Committee: AFET
Amendment 224 #

2020/2113(INI)

Motion for a resolution
Paragraph 11
11. Highlights the need to combat the funding of terrorist organisations and activities; stresses that the EU must help to stop money laundering and stem illicit financial flows by adopting a clear strategy to address the shortcomings in controlling these kind of funds by several states in the region; deplores the UAE's welcoming safe haven for Russian oligarchs avoiding EU sanctions on Russia; underlines that the advanced and historical security partnership with the region requires a joint approach towards Russia's aggression of Ukraine and fundamental European interests; equally deplores that EU sanctions on the Syrian regime have been circumvented via Lebanon, Iran and Russia since 2011;
2022/06/23
Committee: AFET
Amendment 247 #

2020/2113(INI)

Motion for a resolution
Paragraph 14
14. Expresses deep concern regarding the human rights impact of the EU’s military cooperation policy, in particular sales of arms and cooperation in the field of security, which has enabled states to take part in regional conflicts or engage in repressive activities agaisale, export, update and maintenance of mass surveillance technology in the region, given their dismal track record in misusing technology for domestic repression; condemnst their own populations; calls for clear transparency criteria concerning these forms of cooperation ensuring that no EU resources are being used to fuel further regional instability region's abusive use of spyware technology such as the Pegasus spyware of Israel's NSO company; underlines that any misuse of surveillance software targeting political leaders, activists, or civil society, constitutes a serious violation of fundamental rights and freedoms;
2022/06/23
Committee: AFET
Amendment 251 #

2020/2113(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Calls on the EU and its Member States to use all multilateral fora at their disposal, including the UN, to renew or establish independent international investigative and reporting mechanisms to address the most serious violations of international humanitarian law and international human rights law in the MENA region, notably torture, enforced disappearances and extrajudicial killings; to this end, calls for there-establishment of the UN Group of Eminent Experts (GEE) on Yemen, the establishment of a UN monitoring and reporting mechanism on human rights violations in Egypt and the renewal of the mandate of the UN independent Fact Finding Mission (FFM) in Libya;
2022/06/23
Committee: AFET
Amendment 256 #

2020/2113(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Underlines the importance to tackle disinformation and spread of fake news in the region and calls on the EU to take appropriate action, in particular by supporting independent media and educational civic initiatives to promote critical thinking;
2022/06/23
Committee: AFET
Amendment 259 #

2020/2113(INI)

Motion for a resolution
Paragraph 15
15. Calls on the EU to further promote the development of a strong and independent civil society in the region; highlights that the shrinking civil space in several countries poses a threat to regional stability; deeply deplores the sharp deterioration of freedom of association and attacks against civil society organizations, whether through legal or de facto repression and intimidation, in a number of countries in the past decade; strongly reaffirms that defending basic civil and political rights and freedoms are a legitimate field of work for civil society organizations, including in the MENA region;
2022/06/23
Committee: AFET
Amendment 267 #

2020/2113(INI)

Motion for a resolution
Paragraph 16
16. Calls on the authorities in the region to uphold the ban on torture as enshrined in particulareffectively ban torture under all circumstances as enshrined in the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which most of them have signed and ratified; calls for the abolition of the death penalty throughout the region;
2022/06/23
Committee: AFET
Amendment 269 #

2020/2113(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Stresses that the prospect of being arbitrarily detained and tortured constitutes an unacceptable form of insecurity to all the citizens of the region, causing more social unrest, mistrust and resentment towards national institutions;
2022/06/23
Committee: AFET
Amendment 271 #

2020/2113(INI)

Motion for a resolution
Paragraph 16 b (new)
16 b. Calls on authorities to release all prisoners of conscience, including journalists and citizen journalists, and to allow a free, independent and diverse media landscape to develop in the long term interest of their own stability and security;
2022/06/23
Committee: AFET
Amendment 275 #

2020/2113(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Calls on the EU to pay special attention to the Israeli-Palestinian conflict due to its exceptional length and to current perspectives that do not allow for a realistic path towards the stability across the MENA region;
2022/06/23
Committee: AFET
Amendment 28 #

2020/2111(INI)

Motion for a resolution
Recital A
A. whereas COVID-19 has caused a global pandemic, which is affecting millions of human lives, giving rise to an unprecedented global health, economic, social and humanitarian crisis and will affect key aspects of EU foreign policy;
2020/10/01
Committee: AFET
Amendment 61 #

2020/2111(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the pandemic has highlighted existing challenges such as the fight against disinformation campaigns, cyberattacks, and other malign third-party interference;
2020/10/01
Committee: AFET
Amendment 113 #

2020/2111(INI)

Motion for a resolution
Paragraph 3
3. Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) to review the 2016 Global Strategy in light of the global impact of the crisis, reflecting these geopolitical shifts and ensuring more strategic EU action and that the EU plays its part in defending the rules-based multilateral world order that was created after the Second World War;
2020/10/01
Committee: AFET
Amendment 177 #

2020/2111(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Regrets the lack of communication between the EU and United States and unilateral measures taken during the COVID-19 crises, for example when imposing of travel restrictions; stresses the need to work together in fighting COVID-19, including timely exchange of information;
2020/10/01
Committee: AFET
Amendment 191 #

2020/2111(INI)

Motion for a resolution
Paragraph 6
6. Is worried about the decision of the USurges the US to review its decision to withdraw funding from the World Health Organization (WHO) and; regrets the general tendency of its US President to withdraw the US from the multilateral organisations that were created to establish a rules-based world order or undermine them (ICC);
2020/10/01
Committee: AFET
Amendment 213 #

2020/2111(INI)

Motion for a resolution
Paragraph 7
7. AcknowledgStresses the need to find a new method ofadvance cooperation between the EU and US, based on mutual respect and a joint agenda to defend multilateralism, the rule of law and human rights;
2020/10/01
Committee: AFET
Amendment 229 #

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;
2020/10/01
Committee: AFET
Amendment 239 #

2020/2111(INI)

Motion for a resolution
Paragraph 9
9. Recognises the emergency contributions provided by China to fight the virus; also recognises, however, a clear geopolitical and geo-economic dimension, bolstered by ‘virus and wolf warrior diplomacy’ and the politicisation of humanitarian assistance; condemns the massive infodemic by China and Russia during COVID-19 crises;
2020/10/01
Committee: AFET
Amendment 247 #

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 suppression of whistle-blowers and human rights activists, and the projection of power in the region; is concerned about the increased efforts by the Chinese state to influence the European public domain by swaying public opinion and pressuring governments;
2020/10/01
Committee: AFET
Amendment 273 #

2020/2111(INI)

Motion for a resolution
Paragraph 12
12. Urges the Chinese regime to fully cooperate with an independent investigation into the origins of COVID- 19, and calls on the Member States to present a united front towards a rising China, which is leading a crackdown on the pro-democracy movement in Hong Kong and has threatened to annex Taiwan, while brutally repressing and persecuting members of the Uyghur ethnic minority; calls on the Member States to advocate Taiwan’s membership of the WHO;
2020/10/01
Committee: AFET
Amendment 278 #

2020/2111(INI)

Motion for a resolution
Paragraph 12
12. UrgesDemands that the Chinese regime to fully cooperates with an independent investigation into the origins of COVID- 19, and calls on the Member States to present a united front towards a rising China, which is leading a crackdown on the pro-democracy movement in Hong Kong and has threatened to annex Taiwan; calls on the Member States to advocate Taiwan’s membership of the WHO;
2020/10/01
Committee: AFET
Amendment 301 #

2020/2111(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls on the EU to be vigilant of, and when necessary counter, Chinese attempts to shape international institutions around values and interests the EU does not share;
2020/10/01
Committee: AFET
Amendment 314 #

2020/2111(INI)

Motion for a resolution
Paragraph 14
14. Expresses concern over the structural attempts of the Russian Federation to undermine EU unity and to create mistrust between the EU and Western Balkans and Eastern Partnership countries by the intensification of disinformation campaigns;
2020/10/01
Committee: AFET
Amendment 316 #

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 cyberattacks;
2020/10/01
Committee: AFET
Amendment 322 #

2020/2111(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Notes that the voting on amendments to the Russian Constitution was flawed by multiple irregularities, including violation of voting secrecy, and regards the prevalence of Russian Constitution over international treaties and decisions of international bodies as incompatible with Russia‘s international obligations;
2020/10/01
Committee: AFET
Amendment 324 #

2020/2111(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Notes that COVID-19 crises does not stop Russia from advancing with his geopolitical ambitions, calls for the EU not to dismiss this and to keep in the agenda the conflicts where Russia has an interest like Belarus, Ukraine, Georgia etc.;
2020/10/01
Committee: AFET
Amendment 327 #

2020/2111(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Expresses indignation over reported Russian cyberattacks attempting to steal coronavirus-related research material from European pharmaceutical companies;
2020/10/01
Committee: AFET
Amendment 331 #

2020/2111(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Condemns an attempt on Alexey Navalny’s life and calls for an independent and transparent investigation on Mr Navalny’s poisoning without any delay;
2020/10/01
Committee: AFET
Amendment 361 #

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; and believes that a geopolitical EU, together with like- minded partners, must play a firmer role in defending it and; underlines that international institutions should not be used for competition but for cooperation; believes that the EU must seek ways to de- escalate tensions between powers, notably when those tensions hinder multilateral action; notes that the COVID-19 crisis has shown both the need to strengthen multilateral cooperation, notably in global health governance, and the need to reform international institutions; calls on the EU Member States and HR/VP to promote and initiate structural reforms of multilateral organizations;
2020/10/01
Committee: AFET
Amendment 407 #

2020/2111(INI)

Motion for a resolution
Paragraph 18
18. Believes that the end of the unanimity rule on certain foreign policy areas would help the EU to conduct a foreign policy that is more effective and more proactive;
2020/10/01
Committee: AFET
Amendment 418 #

2020/2111(INI)

Motion for a resolution
Paragraph 19
19. Underlines the important role of the armed forces during the COVID-19 pandemic and 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; recognises the need to review the EU’s security and defence strategies to develop 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 are becoming more assertive; stresses that the future Strategic Compass on security and defence should reflect these developments and take account of the broader geopolitical implications of COVID-19; believes that, given the new political balance and a potential worsening of the international security environment following COVID-19, the EU defence budgets must not be cutfor military personnel to be sufficiently trained, prepared and equipped to deal with this kind of essential tasks in support of their fellow citizens;
2020/10/01
Committee: AFET
Amendment 434 #

2020/2111(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Recognises the need to review the EU’s security and defence strategies to develop 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 are becoming more assertive; stresses that the future Strategic Compass on security and defence should reflect these developments and take account of the broader geopolitical implications of COVID-19; believes that, given the new political balance and a potential worsening of the international security environment following COVID-19, the EU defence budgets must not be cut;
2020/10/01
Committee: AFET
Amendment 471 #

2020/2111(INI)

Motion for a resolution
Paragraph 21
21. Stresses that its biggest globallarge 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 when other countries are not prepared to comply with the rule of law or international treaties;
2020/10/01
Committee: AFET
Amendment 472 #

2020/2111(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Stresses that the EU has a global responsibility in preventing the erosion of democratic values and principles and the declining respect for fundamental human rights in the wake of the pandemic;
2020/10/01
Committee: AFET
Amendment 474 #

2020/2111(INI)

Motion for a resolution
Paragraph 22
22. Notes that the COVID-19 pandemic has shown the need to reduce dependency on third countries in certain strategic and existential sectors and might prompt diversification of its most critical supply chains; points out that COVID-19 has led to growing protectionism, therefore underlines the importance of finding the right balance between improving the resilience of our value chains to achieve strategic autonomy and maintaining trade relations as open as possible;
2020/10/01
Committee: AFET
Amendment 520 #

2020/2111(INI)

Motion for a resolution
Paragraph 24
24. Underlines the strategic importance of EU engagement and support in the Arctic region, and in its neighbourhood, both in the East and in the South; stresses that the EU must give Western Balkan countries that are not yet part of the EU a fair chance to join the EU, and that the EU must continue its efforts to invest in the region;
2020/10/01
Committee: AFET
Amendment 554 #

2020/2111(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Notes the impact that COVID-19 has on more vulnerable regions, including conflict regions and least developed countries thereby increasing poverty and insecurity, prolonging conflicts and threaten gender equality and women’s rights; calls for the EU to increase its multilateral cooperation on humanitarian responses;
2020/10/01
Committee: AFET
Amendment 4 #

2020/2081(INI)

Motion for a resolution
Citation 5
— having regard to the agreement between the European Union and the Republic of Belarus on the readmission of persons residing without authorisation, which will entered into force on 1 July 20201 , __________________ 1 OJ L 182, 10.6.2020, p. 1.
2020/09/02
Committee: AFET
Amendment 6 #

2020/2081(INI)

Motion for a resolution
Citation 6
— having regard to the agreement between the European Union and the Republic of Belarus on the facilitation of the issuance of visas2 , which will entered into force on 1 July 2020, __________________ 2 OJ L 180, 9.6.2020, p. 3.
2020/09/02
Committee: AFET
Amendment 12 #

2020/2081(INI)

Motion for a resolution
Citation 8 a (new)
— having regard to its recommendation to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on the Eastern Partnership, in the run-up to the June 2020 Summit,
2020/09/02
Committee: AFET
Amendment 14 #

2020/2081(INI)

Motion for a resolution
Citation 8 b (new)
— having regard to the statement of the President of the European Parliament calling to stop the violence in Belarus of 13 August 2020,
2020/09/02
Committee: AFET
Amendment 15 #

2020/2081(INI)

Motion for a resolution
Citation 8 c (new)
— having regard to a common statement on Belarus of political leaders from EPP, S&D, Renew Europe, Greens/EFA and ECR groups in the European Parliament of 17 August 2020,
2020/09/02
Committee: AFET
Amendment 16 #

2020/2081(INI)

Motion for a resolution
Citation 8 d (new)
— having regard to the declaration by the High Representative on behalf of the European Union on the presidential elections in Belarus of 11 August 2020,
2020/09/02
Committee: AFET
Amendment 17 #

2020/2081(INI)

Motion for a resolution
Citation 8 e (new)
— having regard to the conclusions on Belarus of the European Council on 19 August 2020,
2020/09/02
Committee: AFET
Amendment 18 #

2020/2081(INI)

Motion for a resolution
Citation 8 f (new)
— having regard to the UN Human Rights Council’s Report of the Special Rapporteur on the situation of human rights in Belarus of 10 July 2020,
2020/09/02
Committee: AFET
Amendment 19 #

2020/2081(INI)

Motion for a resolution
Citation 8 g (new)
— having regard to the UN statements on situation in Belarus, in particular those of the UN High Commissioner for Human Rights of 12 August 2020, the UN Special Rapporteurs on human rights of 13 August 2020, and the Spokesperson for the UN High Commissioner for Human Rights of 21 August 2020,
2020/09/02
Committee: AFET
Amendment 20 #

2020/2081(INI)

Motion for a resolution
Citation 8 h (new)
— having regard to the open letter on Diplomatic Watch activities during Presidential Elections 2020 in Belarus, Minsk of 13 August 2020,
2020/09/02
Committee: AFET
Amendment 25 #

2020/2081(INI)

Motion for a resolution
Recital A
A. whereas actions of the Lukashenka’s regime are criminal, against the European values, principles of democracy, and against the will of the Belarusian people; whereas despite the fundamental restrictions on basic freedoms and human rights that remain in Belarus, the EU policy of critical engagement with Belarus has produced some results in the form of signed agreements and increased cooperation; whereas unlawful actions of Belarusian regime jeopardize these results and risk causing negative consequences to the EU - Belarus relations; whereas future relations between the EU and Belarus will be defined in the Partnership Priorities to be agreed by both sides;
2020/09/02
Committee: AFET
Amendment 31 #

2020/2081(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas following the Presidential election on 9 August, which did not comply to the international standards of democratic, free and fair elections, massive, peaceful and orderly protests erupted all over Belarus with the Belarusian people demanding for the end of violence and prosecution against protesters, for the release of political prisoners and detained protesters and for a new presidential election in accordance to the international election standards and with observation of the OSCE ODIHR and other independent observers;
2020/09/02
Committee: AFET
Amendment 33 #

2020/2081(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas the Belarusian people are in an urgent need of assistance and support from the international community;
2020/09/02
Committee: AFET
Amendment 34 #

2020/2081(INI)

Motion for a resolution
Recital A c (new)
Ac. whereas the Belarusian protests are of previously unseen scale, they are nationwide, intergenerational, with a visible leadership of women and include persons of different occupations: workers of the state-owned enterprises and TV stations, public servants, diplomats, teachers, law enforcement officers, artists and employees of the national cultural and social institutions; whereas the Belarusian people are assembling into peaceful protests despite losing or being threatened with losing their jobs, receiving inadequate fines, and worse, facing the health- and life-threatening violence and torture;
2020/09/02
Committee: AFET
Amendment 37 #

2020/2081(INI)

Motion for a resolution
Recital A f (new)
Af. whereas testimonies of the Belarusian protesters about the violence, torture and abuse they were subjected to during unlawful detention include reports of endless beatings, acts of rape, degrading treatment, inhumane detention conditions in overcrowded cells with no access to drinking water, meals, sanitary facilities and medical assistance; whereas after the release many people were hospitalized, some taken into the intensive care, with such injuries as broken limbs, cracked skulls, damaged eyesight and hearing, some of which together with incurred psychological traumas will have a life-long effects, including infertility;
2020/09/02
Committee: AFET
Amendment 38 #

2020/2081(INI)

Motion for a resolution
Recital A g (new)
Ag. whereas medics were prevented from providing medical assistance to injured protesters and where exposed to brutal behaviour and violence when caring for the wounded;
2020/09/02
Committee: AFET
Amendment 40 #

2020/2081(INI)

Motion for a resolution
Recital A i (new)
Ai. whereas the Belarusian regime seeks to intimidate and to disperse the National Coordination Council of Belarus by targeting its members and launching a criminal case against them; whereas so far two members of the National Coordination Council of Belarus, Siarhei Dyleuski and Volha Kovalkova, received a sentence of 10 days in prison each under charges of ‘staging an unauthorized event’;
2020/09/02
Committee: AFET
Amendment 41 #

2020/2081(INI)

Motion for a resolution
Recital A j (new)
Aj. whereas the situation in Belarus requires an urgent international investigation on human rights violations against peaceful protesters and the use of excessive power by the Belarusian regime;
2020/09/02
Committee: AFET
Amendment 42 #

2020/2081(INI)

Motion for a resolution
Recital A k (new)
Ak. whereas the leadership of the EU Member States and its institutions condemned the disproportionate and unacceptable violence displayed by the state authorities against peaceful protesters and decided to impose sanctions against individuals responsible for violence, repression and the falsification of election results;
2020/09/02
Committee: AFET
Amendment 43 #

2020/2081(INI)

Motion for a resolution
Recital A l (new)
Al. whereas the lifting of the EU sanctions to Belarus in 2016 was done prematurely, not because Belarus fulfilled all conditions, but rather with a hope that it will continue on improving environment for political and civic participation, implementing the human rights and fundamental freedoms, and after the removal of sanctions there was no proper monitoring of expected improvements;
2020/09/02
Committee: AFET
Amendment 44 #

2020/2081(INI)

Motion for a resolution
Recital A m (new)
Am. whereas on August 14 the Belarusian regime denied the entrance to Belarus for two Members of European Parliament, Robert Biedroń, chair of the European Parliament’s Delegation for relations with Belarus, and Petras Auštrevičius, the European Parliament’s standing rapporteur on Belarus, traveling to Belarus upon invitation of the Belarusian civil society;
2020/09/02
Committee: AFET
Amendment 51 #

2020/2081(INI)

Motion for a resolution
Recital C
C. whereas the 2020 presidential elections have thus far followed the same pattern as the parliamentary elections; whereby there were many candidates, but a restrictive and arbitrary registration process prevented most of them from participating, including the arrest of the main presidential contender Viktar Babaryka and of Siarhei Tsikhanouski, the husband of another key candidate Sviatlana Tsikhanouskaya, and a denied registration by the Central Election Commission to a key opposition candidate Valery Tsapkala over insufficient number of valid ballot access signatures with no possibility to appeal for reassessment of the rejected signatures;
2020/09/02
Committee: AFET
Amendment 58 #

2020/2081(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas no new political party has been registered in Belarus since 2000 despite repeated attempts, due to burdensome registration process and wide discretionary powers of the Ministry of Justice to reject applications on formalistic grounds, thereby limiting the right to freedom of association; whereas participants in the activities of unregistered organizations are still being persecuted, only criminal liability has been replaced by administrative fines since the entry into force of new legislation in July 2019;
2020/09/02
Committee: AFET
Amendment 62 #

2020/2081(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas the presidential campaign in Belarus took place against the background of continuous repression, which reached another level of violence after announcement of the official and fraudulent election results; whereas reports suggest of 703 cases of reprisals against civilians in Belarus (out of which 127 are women), including physical violence, kidnapping, and threats of the removal of children, as of 1 July 2020, and a total sum of received fines reached the amount of EUR73,748 and is increasing; whereas criminal proceedings were initiated against 33 people, including against bloggers, presidential candidates and their headquarters; whereas at least 420 people were arrested across Belarus on 14-15 July 2020 during the protests against the decision of the Central Election Commission not to register Viktar Babaryka and Valery Tsapkala as official presidential candidates;
2020/09/02
Committee: AFET
Amendment 66 #

2020/2081(INI)

Motion for a resolution
Recital C c (new)
Cc. whereas pre-election arrests were related to the series protest movements, namely weekly protests against a battery factory in Brest, the Youth Bloc rally in Minsk against the decision to hold the annual Victory Day parade on 9 May in the context of COVID-19, numerous gatherings in protest against the arrests of presidential hopefuls Viktar Babaryka and Siarhei Tsikhanouski and against the Central Election Commission’s decision not to register Viktar Babaryka and Valery Tsapkala as official presidential candidates;
2020/09/02
Committee: AFET
Amendment 68 #

2020/2081(INI)

Motion for a resolution
Recital C d (new)
Cd. whereas abductions of people on the streets by unknown people without identification marks, as well as physical violence and torture against detainees and abductees, as well as massive and systematic threats of the removal of children from mothers who are targeted by the state, have become a common practice in the last months; whereas Belarusian opposition leader and political prisoner Paval Sieviaryniec cut his wrists in a protest against torture and inhumane detention conditions;
2020/09/02
Committee: AFET
Amendment 71 #

2020/2081(INI)

Motion for a resolution
Recital C e (new)
Ce. whereas according to Belarusian human rights organizations there are over 40 persons detained for political reasons in Belarus; whereas among imprisoned Belarusian opposition members is Mikola Statkevich, a democratic contender in 2010 Presidential elections, who was a prisoner of conscience from 2011 until 2017; whereas Belarusian human rights organisations declared Siarhei Tsikhanouski a prisoner of conscience, as well as other imprisoned persons in his case: Yauhen Raznichenka, Dzmitry Furmanau, Viarhili Ushak, Aliaksandr Aranovich, Vasil Babrouski, Artsiom Sakau, and Uladzimir Navumik;
2020/09/02
Committee: AFET
Amendment 72 #

2020/2081(INI)

Motion for a resolution
Recital C f (new)
Cf. whereas there was almost no representation of the democratic political parties, civil society organizations, and independent civic initiatives on the participation and observation in the electoral commissions;
2020/09/02
Committee: AFET
Amendment 73 #

2020/2081(INI)

Motion for a resolution
Recital C g (new)
Cg. whereas due to a lack of timely invitation from Belarusian authorities, the OSCE was not able to send an election observation mission to Belarus to observe 2020 Presidential election;
2020/09/02
Committee: AFET
Amendment 74 #

2020/2081(INI)

Motion for a resolution
Recital C h (new)
Ch. whereas due to restrictions imposed by the Central Election Commission amid the coronavirus pandemic, the local election observers were prevented from fully executing their duties during the all phases of voting: the early voting, voting on Election Day, and home voting; whereas the early voting was used by the Belarusian regime to inflate the voter turnout by several times, moreover, numerous cases of forced voting of certain categories of voters were documented, for example, of military personnel, public servants, employees of state-owned enterprises and citizens living in the public housing; whereas on the Election Day the local election observers were prevented from monitoring the counting of ballots, and the numbers of voters and the election results announced by the election commission significantly differed from their observations;
2020/09/02
Committee: AFET
Amendment 75 #

2020/2081(INI)

Motion for a resolution
Recital C i (new)
Ci. whereas in 2016, the EU lifted the restrictive measures against 170 individuals and four companies in Belarus, which were enacted due to post- 2010 Presidential election crackdowns, and currently applies an embargo on arms and equipment that could be used for internal repression, and an asset freeze and travel ban against four persons suspected of involvement in disappearances of two opposition politicians, one businessman and one journalist in 1999 and in 2000;
2020/09/02
Committee: AFET
Amendment 76 #

2020/2081(INI)

Motion for a resolution
Recital D
D. whereas the Belarusian authorities denied that COVID-19 had spread in the country, thereby wasting precious time that could have been used to prepare and protect the country’s population and in particular its medical staff, did not cancel mass events, notably the military parade on 9 May with thousands of participants and the annual community work day attended by a quarter of Belarusian population, and instead engaged in the intimidation of journalists and ordinary people who dared to contradict the official government narrative, as a result Belarus has one of Europe's highest per capita COVID-19 infection rates and is a health threat to the region;
2020/09/02
Committee: AFET
Amendment 82 #

2020/2081(INI)

Motion for a resolution
Recital E
E. whereas there are no independent Belarusian news agencies registered in Belarus, and press freedom in Belarus has significantly deteriorated since 2015,; whereas the few independent journalists, bloggers, photographers or media outlets that are able to operate in the country and who denounce human rights violations are subject to systematic harassment and punitive measures, such as arrests or initiation of criminal investigations, including on charges of illegal production and distribution of information, extremism, discrediting and insulting the president or hooliganism and the number of prosecutions for statements on the iInternet has increased; whereas in 2000 and in 2016, two human rights journalists were killed following their active reporting on human rights violations and criticism of repressive policies of the authoritarian government of Belarus;
2020/09/02
Committee: AFET
Amendment 87 #

2020/2081(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas in the last months, 8 media resources received warnings from the Ministry of Information of the Republic of Belarus, mainly for violating the Media Legislation and “disseminating information that could harm the national interests of Belarus”; whereas the human rights defenders and journalists who observed or covered the demonstrations in relation to the Presidential election, and those who have criticised the state’s environmental policy or commented on COVID-19 have also been targeted and may face criminal charges, at least 6 journalists received administrative arrests of 77 days, others were subjected to paying fines; whereas among arrested journalists are those working for such international news organizations as BBC, DW, Reuters and the Radio Free Europe/Radio Liberty and all of the human rights defenders targeted are from different regions of Belarus, particularly Brest, Mogilev, Rechytsa, Svetlogorsk, Bobruysk, and six of the human rights defenders detained are from the leading human rights organization in Belarus, the Human Rights Centre “Viasna”;
2020/09/02
Committee: AFET
Amendment 92 #

2020/2081(INI)

Motion for a resolution
Recital E b (new)
Eb. whereas after the Presidential election the Belarusian regime further tightened its grip on media freedom and people’s right to access and share information by blocking the Internet access, disrupting the printing of newspapers, arresting local and foreign correspondents and exposing them to torture and inhumane treatment, journalists were specifically targeted and several got injured while covering the Belarusian regime authorised crackdown on peaceful protesters; whereas the state- owned TV stations do not cover ongoing protests and atrocities committed by the Lukashenka’s regime and are being used for spreading propaganda, attacking and discrediting Sviatlana Tsikhanouskaya, political activists and peaceful protesters, after resignation of journalists at the state owned TV stations, they were replaced by propaganda experts from Russia;
2020/09/02
Committee: AFET
Amendment 95 #

2020/2081(INI)

Motion for a resolution
Recital E c (new)
Ec. whereas independent journalists cooperating with and working for foreign media are prosecuted under article 22.9 of the Code of Administrative Offenses, which makes it illegal to receive financial rewards from media that are not dully registered and accredited in Belarus; whereas Belsat TV channel, which is officially registered in Poland, does not receive registration in Belarus and its activities are under constant pressure and attacks, including brutal detentions of its journalists and fines imposed to its contributors totalling USD 101,791 as of 18 June 2020;
2020/09/02
Committee: AFET
Amendment 97 #

2020/2081(INI)

Motion for a resolution
Recital E d (new)
Ed. whereas Belarusian regime is repressing art activists, bloggers and other cultural workers, who use their work to criticize the government and to support the political opposition; whereas as of 29 June 2020, 73 cases of repressed people who are somehow involved in art activity were recorded, with 21 person being imprisoned and 20 criminal cases initiated; whereas Belarusian human rights organizations have recognized 9 art activists as political prisoners;
2020/09/02
Committee: AFET
Amendment 98 #

2020/2081(INI)

Motion for a resolution
Recital E e (new)
Ee. whereas the environment for the work of human rights defenders has continuously deteriorated and these are systematically subjected to intimidation and harassment, including judicial harassment, restrictions on freedom of expression, association and assembly, and movement, as well as arbitrary detention and conviction, ill-treatment and defamation, searches of offices and personal belongings, and confiscations of equipment; whereas between late April and early May 2020, eight human rights defenders in Belarus have been arbitrarily detained and subjected to judicial harassment for participating in peaceful assemblies and criticizing government policies, ahead of the Presidential election;
2020/09/02
Committee: AFET
Amendment 99 #

2020/2081(INI)

Motion for a resolution
Recital E f (new)
Ef. whereas the widespread impunity of law enforcement officers contributes to even further human rights violations and retaliations against human rights defenders; whereas human rights organizations along with other civil society organizations are systematically denied registration and legislative amendments passed in 2011 made it illegal for these organizations to hold funds abroad and established criminal liability for receiving foreign grants or donations; whereas these regulations were further tightened in May, 2020 with a new Decree of the President of the Republic of Belarus "On foreign aid";
2020/09/02
Committee: AFET
Amendment 100 #

2020/2081(INI)

Motion for a resolution
Recital E g (new)
Eg. whereas human rights lawyers are disbarred for defending detained civil and political activists and denouncing their conditions of detention or the violation of fair trial guarantees, and the human rights community is routinely stigmatized as being politically motivated and accused of receiving foreign funding in order to carry out sedition, criticize the government or destabilize the existing political system;
2020/09/02
Committee: AFET
Amendment 102 #

2020/2081(INI)

Motion for a resolution
Recital E i (new)
Ei. whereas the Report of the Special Rapporteur on the situation of human rights in Belarus of July 2020 notes no major improvements in the legal and regulatory protection of human rights in Belarus and, in addition to above highlighted problems, brings attention to continuous application of the death penalty, prevalent discrimination of vulnerable groups, including women, persons with disabilities, ethnic and religious minorities and LGBTQI persons, continuous practice of forced labour, torture and other cruel, inhumane or degrading treatment or punishment of detained persons, and discrimination against speakers of Belarusian language;
2020/09/02
Committee: AFET
Amendment 103 #

2020/2081(INI)

Motion for a resolution
Recital E j (new)
Ej. whereas the EU has allocated EUR 60 million to Belarus for mitigation of the immediate and direct effects of the COVID-19 outbreak and, in reaction to post-election situation in Belarus, additional EUR 53 million to support the Belarusian people were added; whereas Belarus is exploring the possibility to seek macro-financial assistance from the EU;
2020/09/02
Committee: AFET
Amendment 107 #

2020/2081(INI)

Motion for a resolution
Recital F
F. whereas Belarus has been subject to unprecedented pressure from Russia to deepen their integration in the context of the Union State, to the detriment of the sovereignty of Belarus, resulting in an ongoing standoff over oil and gas imports from Russia;
2020/09/02
Committee: AFET
Amendment 108 #

2020/2081(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas Belarus in partnership with Russian ROSATOM corporation is building the Astravyets Nuclear Power Plant (NPP) in unjustified location just 20 kilometres way from the EU’s external border and 45 kilometres away from the capital city of Lithuania; whereas the construction of the Astravyets NPP has been followed by the lack of respect for international standards for nuclear safety, serious safety violations and major incidents, including continuous construction works despite the Covid-19 outbreak at the site; whereas the first reactor of the Astravyets NPP was planned to launch before Presidential election in August 2020 and before full implementation of the recommendations of the stress tests carried out by the EU nuclear safety authorities;
2020/09/02
Committee: AFET
Amendment 120 #

2020/2081(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas after eruption of massive protests Aliaksandr Lukashenka reached out to Russia for assistance to ensure survival of the Belarusian regime;
2020/09/02
Committee: AFET
Amendment 121 #

2020/2081(INI)

Motion for a resolution
Recital G b (new)
Gb. whereas Lukashenka seeks to salvage its image and public support by creating propagandist narratives about the external threats to Belarus, the EU and its Member states are being used for such disinformation, for example, a narrative about possible intervention by foreign Western actors is being spread and for this false reason the Belarusian regime is intensifying activities and movement of Belarusian military forces in Grodno region by the border with Poland and Lithuania, which poses a direct threat to the EU and its Member States;
2020/09/02
Committee: AFET
Amendment 124 #

2020/2081(INI)

Motion for a resolution
Recital G c (new)
Gc. whereas Belarus does not recognize the independence of the breakaway republic of Abkhazia and South Ossetia, de jure annexation of Crimea and invoked the neutrality pledge in its Constitution to refuse siding with Russia in the war in Eastern Ukraine;
2020/09/02
Committee: AFET
Amendment 125 #

2020/2081(INI)

Motion for a resolution
Recital G d (new)
Gd. whereas difficult economic situation, which is to worsen due to the nationwide workers’ strikes and refusal by the Belarusian regime to enter into a national dialogue with the Belarusian people, indicate that the economic model of Belarus has reached its limits and the country could be entering into a period of transition in which the EU can play a key balancing role;
2020/09/02
Committee: AFET
Amendment 130 #

2020/2081(INI)

Motion for a resolution
Recital G f (new)
Gf. whereas the European Parliament does not recognise the 9 August Presidential election results and calls for the organization of a new election, but this time democratic, free and fair with the observation of the OSCE ODIHR and other international observers;
2020/09/02
Committee: AFET
Amendment 132 #

2020/2081(INI)

Motion for a resolution
Recital G g (new)
Gg. whereas the European Parliament expresses support to the Belarusian people’s claims for free and fair elections and ability to freely make decisions about their country’s future;
2020/09/02
Committee: AFET
Amendment 134 #

2020/2081(INI)

Motion for a resolution
Recital G h (new)
Gh. whereas the European Parliament welcomes and encourages to sustain peaceful organisation of the nationwide protests and commends the role and strong leadership of Belarusian women;
2020/09/02
Committee: AFET
Amendment 136 #

2020/2081(INI)

Motion for a resolution
Recital G i (new)
Gi. whereas the European Parliament expresses deepest condolences over deaths of Alyaksandr Taraykouski, Alyaksandr Vikhor, Artsyom Parukou, Henadz Shutau and Kanstantsin Shyshmakou to their families and to all Belarusian nation;
2020/09/02
Committee: AFET
Amendment 137 #

2020/2081(INI)

Motion for a resolution
Recital G j (new)
Gj. whereas the European Parliament commits itself to enabling the EU assistance to the victims of the Belarusian regime, including provision of health services to recover from incurred injuries and traumas;
2020/09/02
Committee: AFET
Amendment 138 #

2020/2081(INI)

Motion for a resolution
Recital G k (new)
Gk. whereas the European Parliament deplores any targeting of human rights defenders, environmental rights defenders, journalists, bloggers, art activists and those criticizing the Belarusian regime and calls for full implementation of the fundamental freedoms and human rights government policies in Belarus;
2020/09/02
Committee: AFET
Amendment 139 #

2020/2081(INI)

Motion for a resolution
Recital G l (new)
Gl. whereas the European Parliament deplores decision of the Belarusian regime not to grant entrance to Belarus for two members of the European Parliament traveling upon invitation of the Belarusian civil society;
2020/09/02
Committee: AFET
Amendment 163 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point a
(a) support the sovereignty of Belarus against pressure from the Russian Federation for deeper integration and remind Belarus that the European Union is open to further development of relations with the country both bilaterally and within the Eastern Partnership framework if Belarus meets conditions linked to democracy, the rule of law, free and fair elections, international law, human rights and fundamental freedoms;
2020/09/02
Committee: AFET
Amendment 166 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point a a (new)
(aa) do not recognize the results of fraudulent August 9 Presidential election;
2020/09/02
Committee: AFET
Amendment 167 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point a b (new)
(ab) deplore and request an immediate halt of violence used against peaceful protesters by the Belarusian regime;
2020/09/02
Committee: AFET
Amendment 168 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point a c (new)
(ac) insist on the Belarusian regime to immediately and unconditionally release all detained protesters and political prisoners;
2020/09/02
Committee: AFET
Amendment 169 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point a d (new)
(ad) call upon the Belarusian authorities to organize a new, free and fair, according to the international election standards Presidential election;
2020/09/02
Committee: AFET
Amendment 170 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point a e (new)
(ae) assess and accordingly review the European Union’s relations with Belarus;
2020/09/02
Committee: AFET
Amendment 171 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point a f (new)
(af) suspend negotiations on the EU- Belarus Partnership Priorities until the free and fair Presidential election takes place in Belarus;
2020/09/02
Committee: AFET
Amendment 173 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point a h (new)
(ah) insist on the Belarusian regime to recognize and enter into a dialogue with the National Coordination Council of Belarus;
2020/09/02
Committee: AFET
Amendment 174 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point a i (new)
(ai) organise an official meeting between the EU representatives and Sviatlana Tsikhanouskaya and organize a visit of the EU representatives to Belarus to facilitate a national dialogue and an inclusive solution benefiting all people of Belarus;
2020/09/02
Committee: AFET
Amendment 175 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point a j (new)
(aj) insist upon non-interference of external actors into the internal affairs of Belarus; publicly name the hybrid interference executed by the Russian Federation in such ways as delegating so- called media experts to the Belarusian state media and advisors to the military and law enforcement agencies of Belarus, as violating the agreement of non- interference, and deter continuation of such actions;
2020/09/02
Committee: AFET
Amendment 176 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point a k (new)
(ak) deplore intention of the Russian Federation to send Russian law enforcement services to Belarus and further enable the Lukashenka regime’s crackdown on peaceful protesters;
2020/09/02
Committee: AFET
Amendment 177 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point b
(b) acknowledge that while the critical engagement policy has brought about some developments in bilateral relations, progress in the key areas of democracy, the rule of law, respect for human rights and fundamental freedoms, and civil society remains very limited or almost non- existent, and, as the EU is engaging in a more tailored approach to the Eastern Partnership, consider applying the ‘less for less’ principle in the case of further deteriorationsocial-economic situation includes low household income and high unemployment rates, the economy stagnates and is heavily-troubled by the state-owned enterprises and corruption, and, as the EU is engaging in a more tailored approach to the Eastern Partnership, consider applying the ‘less for less’ principle in the case of further deterioration; application of ‘less for less’ principle should not affect engagement and support for the civil society of Belarus, on the contrary, it needs to be further boosted by advocating for greater involvement of Belarusian civil society in initiatives and projects supported by the EU, other international organizations and individual countries, in Belarus;
2020/09/02
Committee: AFET
Amendment 191 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point c
(c) insist that any EU macro-financial support for mitigating the economic consequences of the COVID-19 pandemic is conditional on strict political criteria, notably those linked to democracy and human rights, particularly, ending political repressions and releasing all political prisoners, nuclear safety concerns voiced by some of the EU Member States and threats posed by Belarus-Russia military cooperation, and that adequate measures are taken to combat the virus and protect the population;
2020/09/02
Committee: AFET
Amendment 194 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point c a (new)
(ca) insist that support programs implemented through EIB, EBRD, WB, UN and other international organizations would also be conditioned on improving the situation of human rights and democracy, and on meeting the international standards for nuclear safety; note and address the situation that, currently, the programs implemented in cooperation between these international organizations and state structures in Belarus usually do not include independent stakeholders in their governing bodies, which leads not only to dubious achievements of such programs, but also contributes to the displacement of civil society organizations from the structure of cooperation with the EU by the state-owned public organizations (GONGOs);
2020/09/02
Committee: AFET
Amendment 196 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point c b (new)
(cb) note that delivery of medical supplies, including personal protection gear, as part of the EU support for Belarus to fight the COVID-19, did not fully comply with the EU visibility rules; address issues related to the lack of visibility and spread of information about the EU efforts to assist Belarusian people; note that the Belarusian regime is using disinformation to portray the EU support as a support for the regime and ensure that the EU support is free of any political affiliations, as it is for the Belarusian people;
2020/09/02
Committee: AFET
Amendment 197 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point c c (new)
(cc) note that Belarusian state media outlets maintain a clear anti-Western rhetoric and use it to further discredit the democratic political opposition in Belarus; request for removal of Russia sent alleged journalists to replace resigned employees of the Belarusian state-owned TV stations;
2020/09/02
Committee: AFET
Amendment 198 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point c d (new)
(cd) deplore the creation and spread of propagandist narratives by the Belarusian state media accusing the neighbouring countries, among which are the EU Member States, of interference into the ongoing processes in Belarus and posing assumed security threats for territorial integrity of Belarus;
2020/09/02
Committee: AFET
Amendment 199 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point c e (new)
(ce) ensure that the EU support of EUR 60 million to Belarus for mitigation of the effects of the COVID-19 would not result into a direct transfer of these funds to the budget of Belarusian state;
2020/09/02
Committee: AFET
Amendment 200 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point c f (new)
(cf) ensure that the additional support of EUR 53 million meets the needs of the Belarusian people, therefore, in addition to the COVID-19 related relief, support medical treatment of Belarusian people injured and traumatized as a result of brutal crackdown on protesters, for most serious cases facilitate and support treatment and recovery in the EU Member States, support the civil society organizations and activists, including those working in exile, enable organizations and lawyers providing legal services to the victims of the Belarusian regime, support documentation and investigation of the human rights violations, support the Belarusian workers on strike and the independent trade unions, the independent media and investigative journalism;
2020/09/02
Committee: AFET
Amendment 201 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point c g (new)
(cg) ensure that the EU support would not be used to finance the experimental medicines or vaccines;
2020/09/02
Committee: AFET
Amendment 202 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point c h (new)
(ch) develop a strategy for distribution of the EU funds in cooperation with the civil society and democratic representatives of the Belarusian people, the EU and international civil society organizations and institutions with experience of working with Belarus;
2020/09/02
Committee: AFET
Amendment 204 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point d
(d) maintain the issue of nuclear safety as a priority concern for the EU owing to the potentially disastrous consequences of an accident for the whole region; treat the issue of the Astravyets Nuclear Power Plant (NPP) with urgency as it is approaching the start of its operations, the first delivery of nuclear fuel having been received from Russia in May 2020; insist on full respect for international nuclear safety standards and transparent cooperation with international authorities; support efforts to ensure Member State solidarity on the issue of banning imports of energy from the Astravets NPP into the EU market and loading of nuclear fuel to the first reactor has began;
2020/09/02
Committee: AFET
Amendment 211 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point d a (new)
(da) demand from the Belarusian authorities to suspend the launch of the Astravyets NPP until the internal political situation in Belarus normalizes;
2020/09/02
Committee: AFET
Amendment 212 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point d b (new)
(db) express concern that Belarus will not implement the recommendations of the stress tests carried out by the EU nuclear safety authorities before the launch of the first reactor of the Astravyets NPP; moreover, that the Astravyets NPP is being built without ensuring a secondary control reserve necessary for a safe functioning of the NPP;
2020/09/02
Committee: AFET
Amendment 213 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point d c (new)
(dc) insist on full respect for international nuclear safety standards, transparent cooperation with international authorities, and providing access and monitoring capabilities for independent environmental organizations of Belarus in regards to the Astravyets NPP, and link their implementation to the disbursement of the EU’s financial support; support efforts to ensure European solidarity on the issue of banning imports of energy from the Astravyets NPP into the EU market;
2020/09/02
Committee: AFET
Amendment 214 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point d d (new)
(dd) remind the Belarusian authorities that a number of key OSCE/ODIHR and the Council of Europe’s Venice Commission recommendations remain unaddressed and that no significant steps regarding comprehensive electoral reform have been taken ahead of the 9 August Presidential election, which will prevent the EU-Belarus relations from achieving their full potential;
2020/09/02
Committee: AFET
Amendment 215 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point d e (new)
(de) finalise the EU human rights sanctions mechanism allowing to apply sanctions similar to those of the US Magnitsky Act sanctions against individuals and companies involved into grave human rights violations and apply them against Belarusian officials, including investigators and judges who conduct criminal cases against political prisoners, and other individuals and companies involved in violent suppression of peaceful signature collection rallies and protests in Belarus, including torture and ill-treatment of detainees and political prisoners;
2020/09/02
Committee: AFET
Amendment 216 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point d f (new)
(df) ensure that the list of sanctions include not only the highest-ranking officials responsible for the violent crackdown on peaceful protesters and the fraudulent election results, but also include the involved middle and entry level public servants and members of the Central Election Commission and consider applying sanctions to their family members;
2020/09/02
Committee: AFET
Amendment 217 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point d g (new)
(dg) coordinate sanctions against Belarus with the democratic allies of the European Union;
2020/09/02
Committee: AFET
Amendment 219 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point e
(e) pay close attention to the presidential election campaign and insist that a lack of progress in conducting elections according to international standards and further crackdowns against the opposition will have direct adverse effects on relations with the EU;deleted
2020/09/02
Committee: AFET
Amendment 227 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point e a (new)
(ea) insist on full compliance of election processes in Belarus with international standards, the recommendations of the Organisation for Security and Cooperation in Europe (OSCE) and the opinions of the Venice Commission;
2020/09/02
Committee: AFET
Amendment 230 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point e b (new)
(eb) note that invitation for the international election observation was issued late by the Belarusian regime and, as a result, the election monitoring was limited and due to restrictions imposed by the Central Election Commission the observers were deprived of fully executing their duties, including observation of the counting of ballots;
2020/09/02
Committee: AFET
Amendment 234 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point e c (new)
(ec) remain vigilant regarding arrests, disappearances and harassment of candidates, protesters, activists and independent journalists and follow up such cases with Belarusian authorities;
2020/09/02
Committee: AFET
Amendment 237 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point e d (new)
(ed) initiate an official OSCE fact- finding mission to Belarus to investigate the situation and the human rights violations in relation to the 2020 Presidential election;
2020/09/02
Committee: AFET
Amendment 238 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point f
(f) insist that the upcoming constitutional reform is a crucial opportunity to introduce genuine changes which would address the weaknesses of the current political system and enable the Belarusian people to participate more actively in political life; note that so far the constitutional amendments have been prepared in a closed way for the public and insist on ensuring the transparency and inclusiveness of this process, and that any changes of the Constitution of the Republic of Belarus would comply to the legal procedures listed in the Constitution;
2020/09/02
Committee: AFET
Amendment 247 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point f a (new)
(fa) insist on the need to amend the national legislation of the Republic of Belarus in order to ensure basic civil rights and freedoms, compliance with international agreements, including those related to the freedom of peaceful assembly, in accordance with the OSCE guidelines on the Freedom of Peaceful Assembly;
2020/09/02
Committee: AFET
Amendment 249 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point f b (new)
(fb) insist on the need to amend the electoral legislation of the Republic of Belarus in accordance with OSCE recommendations to ensure a pluralistic and transparent electoral process with equal access to media for all participants, inclusion of representatives of all actors of the electoral process in electoral commissions and other measures to ensure free democratic electoral process;
2020/09/02
Committee: AFET
Amendment 252 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point g
(g) call on the authorities to remove the arbitrary barriers under which no new political party has been registered in Belarus since 2000 and enable the registration of political parties and public organisat, civil society organizations and independent trade unions, and to stop the restrictions applied to established organisations;
2020/09/02
Committee: AFET
Amendment 255 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point g a (new)
(ga) insist on an independent and effective investigation into protests-related deaths of Alyaksandr Taraykouski, Alyaksandr Vikhor, Artsyom Parukou, Henadz Shutau and Kanstantsin Shyshmakouand murders of political opposition figures Yuriy Zakharenko, Anatoliy Krasovskiy and Victor Honchar that took place in 1999 and into the fate and whereabouts of journalist Dmitriy Zavadski in 2000;
2020/09/02
Committee: AFET
Amendment 284 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point h
(h) condemn the ongoing application of the death penalty in Belarus and continue to work with the Belarusian authorities towards a moratorium as a first step towards its permanent abolition; encourage the intensification of public debate regarding the abolition of capital punishment, paving the way for a possible future referendum on the issue;
2020/09/02
Committee: AFET
Amendment 288 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point i
(i) condemn the ongoing intimidation and persecution of opposition figures, including presidential hopefuls, civil society activists and independent journalists; , independent journalists and bloggers, in particular the tactics of their disappearance and heavy financial fines applied by the authorities; deplore silencing and intimidation of doctors, medical personnel and others who openly spoke and warned about the spread of COVID-19 in Belarus; call for ending the political repression and politically motivated arrests, for immediate and unconditional release of all political prisoners and for bringing the perpetrators of these crimes, including members of the security forces responsible for torture, ill-treatment, physical violence, to accountability;
2020/09/02
Committee: AFET
Amendment 296 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point i a (new)
(ia) closely follow the cases of disappearances in Belarus, bring the attention of Belarusian authorities to these cases and request their proper and immediate action; enable the use of the EU support to the Belarusian people to cover fees for arrested people on healthcare, lawyer, destroyed equipment;
2020/09/02
Committee: AFET
Amendment 299 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point i b (new)
(ib) insist on Belarusian government to take proper active measures to contain the spread of COVID-19 and to provide treatment of infected, for the start by publicly recognizing the COVID-19 and implementing recommendations of the WHO expert mission to Belarus in April 2020 and providing the reality meeting statistics, as with its spiking infection rates Belarus is becoming a health threat to the region;
2020/09/02
Committee: AFET
Amendment 301 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point j
(j) encourage the continuation of the EU-Belarus Human Rights Dialogue, but insist that its true usefulness comes from not just institutional contacts but real and tangible progress, which is not taking place according to the participating Belarusian civil society organizations;
2020/09/02
Committee: AFET
Amendment 303 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point j a (new)
(ja) note interruption with attempts to limit the work activities and silence reporting of the Human Rights Centre "Viasna" members, notably Aliaksandr Burakou, Ales Burakou, Raman Kisliak, Uladzimir Vialichkin, Alena Masliukova, Andrei Miadzvedzeu and Siarhej Lacinski, and cease their detention, prosecution, intimidation of them and their family members, and most importantly enable to monitor human rights situation and Presidential election related events in Belarus;
2020/09/02
Committee: AFET
Amendment 306 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point k
(k) insist on the immediate and unconditional release of human rights defenders, activists, journalists, bloggers, and others convicted in retaliation for exercising their civil and political rights; urge the authorities to carry out an immediate thorough and impartial investigation into the arbitrary detention of the human rights defenders, and to drop all charges against them; call on the authorities to cease the harassment of the Human Rights Center "Viasna", Charter’97 and Belsat TV; urge the authorities to guarantee in all circumstances that all human rights defenders in Belarus are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment;
2020/09/02
Committee: AFET
Amendment 315 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point k b (new)
(kb) address the issue of torture and other cruel, inhumane or degrading treatment or punishment of detained persons in Belarus and insist upon prison conditions consistent with human dignity, including access to the quality healthcare;
2020/09/02
Committee: AFET
Amendment 317 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point k c (new)
(kc) deplore the Belarusian regime’s control over the access and sharing of information, notably blocking the Internet access and disrupting the printing of newspapers, and demand for and immediate and full restoration of the Internet and media services in Belarus;
2020/09/02
Committee: AFET
Amendment 319 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point l
(l) support and create a safe working environment for independent media outlets and journalists, including those who work on a freelance basis with unregistered foreign media as they are an important source of information both for Belarus and about Belarus and provide a much- needed channel for alternative views;
2020/09/02
Committee: AFET
Amendment 330 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point l a (new)
(la) raise the issue of discrimination of Belarusian language speakers in Belarus and support initiatives aimed at promoting a wider use of the Belarusian language in public, and cultural life and in the media;
2020/09/02
Committee: AFET
Amendment 337 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point m
(m) remind Belarus that the EU is its second-biggest trade partner and that intensification of economic relations could bring much-needed balance for Belarusian external trade, which remains very dependent on Russia and the Eurasian Economic Union;
2020/09/02
Committee: AFET
Amendment 339 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point m a (new)
(ma) express concerns over Russia using negotiations for continuous supply of oil and gas to Belarus as a political pressure method, particularly in matters of damage to sovereignty of Belarus;
2020/09/02
Committee: AFET
Amendment 341 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point m b (new)
(mb) note that Belarusian economy is stagnating, more than one fifth of Belarusian population lives in an absolute poverty with numbers tending to increase due to COVID-19 caused crisis; the minimum salary in Belarus is 375 Belarusian rubles per month or EUR 137; the country is facing a demographic crisis with population of the working-age shrinking and massive labour migration from Belarus;
2020/09/02
Committee: AFET
Amendment 342 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point m c (new)
(mc) note the damaging effects to Belarusian economy caused by the refusal of Belarusian regime to enter into a dialogue with the Belarusian people, notably the ongoing nationwide workers’ strikes at the state owned enterprises, strikes of teachers, social and cultural workers, as well as the damaging effects to the IT sector, which might not recover to its previous level;
2020/09/02
Committee: AFET
Amendment 343 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point m d (new)
(md) consider sectoral sanctions for Belarus, for example, to its energy sector, should the Lukashenka’s regime fail to halt repressions against the Belarusian people;
2020/09/02
Committee: AFET
Amendment 344 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point m e (new)
(me) express regret towards unwillingness of Belarusian authorities to follow the recommendations of international finance institutions, such as the WB and IMF, and to implement reforms reducing the vast number of state-owned enterprises, reforming the business sector, encouraging entrepreneurship, supporting SMEs, reducing the public debt, outsourcing the costs of living to the population and improving conditions of labour market;
2020/09/02
Committee: AFET
Amendment 345 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point m f (new)
(mf) deplore prevalence of forced labour, which disproportionately targets vulnerable categories of people, including employees of state-owned enterprises and administrations, students, people held in so-called labour treatment centres, prisoners and army conscripts; Belarusian people should not be forced to take part in the annual community work day;
2020/09/02
Committee: AFET
Amendment 346 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point m g (new)
(mg) express concern over State regulations of damaging nature for the private sector, particularly a requirement to pay a minimum wage not lower than the average wage of the 10 most successful state-owned enterprises;
2020/09/02
Committee: AFET
Amendment 347 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point m h (new)
(mh) encourage to improve working environment for vulnerable groups, particularly women, as 90 percent of women face discrimination in the employment sphere, and there are 181 professions that are considered unsuitable for women in Belarus;
2020/09/02
Committee: AFET
Amendment 348 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point m i (new)
(mi) address the problems faced by the independent trade unions, including denied registration, politically motivated prosecution of leaders of the independent trade unions, and forced membership of newly contracted employees to the state- controlled trade unions;
2020/09/02
Committee: AFET
Amendment 351 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point n
(n) welcome and encourage the energy diversification of Belarus, reducing its dependence on Russia through imports of oil and gas from new suppliers, including via the territory of the EU and through the development of alternative energy sources;
2020/09/02
Committee: AFET
Amendment 354 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point n a (new)
(na) express concerns over increasing investments into strategic infrastructure from China and warn about the effect of dependency it might create for Belarus;
2020/09/02
Committee: AFET
Amendment 355 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point o
(o) emphasisze the importance that the EU attaches to the fight against climate change, notably through the implementation of the European Green Deal, and encourage Belarus to enhance its cooperation with the EU on environmental matters with a view to green transformation, energy efficiency, sustainability and climate neutrality and to use the opportunities offered by the Eastern Europe Energy Efficiency and Environment Partnership, while insisting that the harassment of environmental activists must be stopped;
2020/09/02
Committee: AFET
Amendment 363 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point o b (new)
(ob) continue to support the membership of Belarus in WTO in order to encourage the modernization and diversification of the economy and to ease rules-based trade with the EU;
2020/09/02
Committee: AFET
Amendment 365 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point o c (new)
(oc) express concerns over prevalent large-scale systemic corruption in Belarusian public institutions and state- owned companies, encourage and support anti-corruption investigations and informational campaigns, voice concerns over harassment and persecution of journalists reporting the corruption cases and insist on a safe environment for investigative journalists and whistle blowers;
2020/09/02
Committee: AFET
Amendment 366 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point o d (new)
(od) insists to conduct a comprehensive investigation of the financial flows of the family of Aliaksandr Lukashenka and his associates, including the activities of state enterprises of Belarus in offshore zones, as well as corruption schemes of Belarusian enterprises;
2020/09/02
Committee: AFET
Amendment 373 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point p d (new)
(pd) support educational programs for professional reorientation of the Belarusian civil servants who were fired or voluntary left the civil service;
2020/09/02
Committee: AFET
Amendment 374 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point p e (new)
(pe) support education digitalization due to the COVID-19 outbreak in Belarus;
2020/09/02
Committee: AFET
Amendment 375 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point p f (new)
(pf) support cooperation in the sphere of culture through programmes such as Creative Europe and in particular projects aimed at fostering creativity, involving civil society organizations and initiatives at local level; promote and mobilize European solidarity with Belarusian society through cultural expressions;
2020/09/02
Committee: AFET
Amendment 381 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point r a (new)
(ra) support cross-border cooperation and movement between Belarus and the neighbouring EU Member States, particularly encourage Belarusian authorities to implement the local border traffic regime with Lithuania, which would benefit those living within a 50- kilometer radius on both sides of the border;
2020/09/02
Committee: AFET
Amendment 385 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point r b (new)
(rb) acknowledge the role of Belarusian diaspora in democratic awakening in Belarus and engage its members in the EU Member States as the important actors of a national dialogue in Belarus;
2020/09/02
Committee: AFET
Amendment 17 #

2020/2080(INI)

Motion for a resolution
Recital C
C. whereas Article 1(b) of Protocol 10 states that the Member States are to ‘have the capacity to supply by 2010 at the latest either at national level or as a component of multinational force groups, targeted combat units for the missions planned, structured at a tactical level as a battle group, with support elements including transport and logistics, capable of carrying out the tasks referred to in Article 43 of the Treaty on European Union, within a period of five to 30 days, in particular in response to requests from the United Nations Organisation, and which can be sustained for an initial period of 30 days and be extended up to at least 120 days’; whereas Article 1(b) needs to be revised in order to adequately respond to the challenging geopolitical environment; whereas the Member States are still far from achieving this goal;
2020/07/08
Committee: AFET
Amendment 26 #

2020/2080(INI)

Motion for a resolution
Recital D
D. whereas the three-fold level of ambition under the EU Global Strategy in the field of security and defence covers securing external borders, countering hybrid threats and fighting against terrorism; whereas no Member State can protect itself alone, since security and defence threats faced by the EU, and which are targeted againstthe EU, its citizens and its territory faces, are a joint threat and cannot be addressed by onea single Member State on its own; whereas an effective EU system for addressing burden-sharing would be advantageous for the EU’s overall level of security and defence;
2020/07/08
Committee: AFET
Amendment 34 #

2020/2080(INI)

Motion for a resolution
Recital F
F. whereas PESCO’s long-term vision is to achievecontribute to a coherent full-spectrum force package available to the Member States; whereas PESCO should enhance the EU’s capacity to act as an international security provider in order to protect EU citizens and maximise the effectiveness of defence spending; whereas the cost of non-Europedue to doubling, overcapacity and obstructions for joint procurement in security and defence is, the costs are estimated to be more than EURbetween 25 and 100 billion EUR per year; 8a; _________________ 8a https://ec.europa.eu/commission/sites/beta -political/files/budget-may2018-eu- defence-fund_en_0.pdf
2020/07/08
Committee: AFET
Amendment 47 #

2020/2080(INI)

Motion for a resolution
Recital G
G. whereas the COVID-19 pandemic has shown the consequences of the EU not having enough competence when it comes to health care; whereas, by the same analogy, it would make sense to establish an EU common defence strategy in order to be able to respond to an attack on the EU’s borders and territories; whereas PESCO constitutPESCO constitutes an important step towards achieving the objective of strengthening European defence capabilities and important step towards achieving the objective of a common defencenteroperability;
2020/07/08
Committee: AFET
Amendment 65 #

2020/2080(INI)

Motion for a resolution
Recital H
H. whereas according to Council decision 2017/2315, establishing PESCO enhanced defence capabilities of the Member States will also benefit NATO, while strengthening the European pillar within the alliance and responding to repeated calls for strongermore balanced transatlantic burden-sharing; whereas NATO remains the cornerstone of many MS’s security architecture;
2020/07/08
Committee: AFET
Amendment 76 #

2020/2080(INI)

I. whereas PESCO creates a binding framework between the pMS, which committed themselves to jointly investing, planning, developing and operating defence capabilities within Union framework in a permanent and structured manner by subscribing to 20 binding commitments in five areas set by the TEU; whereas these commitments should constitute a move from mere defence cooperation towards the integration of Member States’ defence forces through bilateral mutual beneficial partnerships; whereas despite these binding commitments, no effective compliance mechanism for PESCO is in place;
2020/07/08
Committee: AFET
Amendment 99 #

2020/2080(INI)

Motion for a resolution
Recital L
L. whereas work on the first three waves of PESCO projects has led to the pMS proposing 47 projects; whereas the current list of projects lacks coherence, strategic ambition and does not adequately address priority shortfalls as identified by the pMS; whereas one of these projects has been stopped in order to avoid unnecessary duplication; whereas other projects did not make sufficient progress or are at risk of being stopped, and around 30 projects are still in the ideation and preparatory phase; whereas the vast majority of PESCO projects coincide with EDF and NATO shortfalls;
2020/07/08
Committee: AFET
Amendment 113 #

2020/2080(INI)

Motion for a resolution
Recital M
M. whereas only some of the most strategic PESCO projects, such as EUFOR Crisis Response Operation Core (EUFOR CROC) have the potential to decisively contribute to the creation of a coherent full spectrum force packageUnion’s strategic sovereignty;
2020/07/08
Committee: AFET
Amendment 136 #

2020/2080(INI)

Motion for a resolution
Recital R
R. whereas the NATO Defence Planning Process (NDPP) drives defence national planning processes in most casMember States;
2020/07/08
Committee: AFET
Amendment 143 #

2020/2080(INI)

Motion for a resolution
Recital S
S. whereas interactions between Member States’ national priorities, EU priorities and NATO priorities should be synchronised at the earliest possible convenience, where appropriate and relevant; whereas PESCO canshould be an effective tool in order toand a complimentary tool in achieveing EU and NATO targets simultaneously;
2020/07/08
Committee: AFET
Amendment 154 #

2020/2080(INI)

Motion for a resolution
Recital U
U. whereas currently, PESCO projects are dependent on the 25 participating Member States’ financial contributions; whereas it is expected that, as a result of the COVID-19 pandemic, national defence budgets will suffer reductions; whereas paradoxically, several of the currently 47 PESCO projects, if funded accordingly, could strengthen Member States’ preparedness, should another massive public health crisis occur: military mobility – a flagship PESCO project –, the European Medical Command and many other projects in areas related to logistics and transportation, health care, disaster relief and, the fight against malicious cyber activities and hostile disinformation campaigns; whereas cutting funding for the strategic capabilities that the EU and its Member States currently lack would also weaken their ability to jointly act against future pandemics;
2020/07/08
Committee: AFET
Amendment 162 #

2020/2080(INI)

Motion for a resolution
Recital V
V. whereas the prospect of co- financing certain PESCO projects via the future European Defence Fund (EDF) has led pMS to multiply their proposals, and despite the fact that this has encouraged exchanges and cooperation, not all proposals necessarily have the EU’s best common strategic interest in mind;
2020/07/08
Committee: AFET
Amendment 176 #

2020/2080(INI)

Motion for a resolution
Recital Y
Y. whereas the governance of PESCO is led by pMS, and therefore eventually leads to the insufficient coordination and overall consistency of the projects; whereas this should constitute grounds for the extension of the mandate of the PESCO secretariat;deleted
2020/07/08
Committee: AFET
Amendment 213 #

2020/2080(INI)

Motion for a resolution
Paragraph 1 – point d
(d) encourage the pMS to switch from a strictly national focus on defence to a more prominent European one and to undertake structured efforts to increase the use of European collaborative approach as a priority, as no individual pMS alone has the potential to address identified capacity shortfalls alone;
2020/07/08
Committee: AFET
Amendment 234 #

2020/2080(INI)

Motion for a resolution
Paragraph 1 – point f
(f) ensure that PESCO is effectively used as an instrument to reach EU defence integrationstrengthen pMS defence capabilities and interoperability as a common goal, in line with the ambition for greater EU Strategic AutonomSovereignty;
2020/07/08
Committee: AFET
Amendment 244 #

2020/2080(INI)

Motion for a resolution
Paragraph 1 – point h
(h) ensure that PESCO is treated as a Union institutions sui generis, as is the case with the European External Action Service (EEAS), which would require amending the Financial Regulation8 in order to include PESCO, with a specific section in the Union budget; recognise that Parliament, jointly with the Council, exercises legislative and budgetary functions, as well as functions of political control and consultation as laid down in the Treaties; _________________ 8 OJ L 193, 30.7.2018, p. 1.deleted
2020/07/08
Committee: AFET
Amendment 257 #

2020/2080(INI)

Motion for a resolution
Paragraph 1 – point j
(j) focus PESCO efforts on projects with a strategic and integrative dimension, such as EUFOR CROCdimension and to those projects that contribute to the remedy of important capability and operational shortfalls, and link those to other PESCO projects in order to create additional synergies and effects of scale;
2020/07/08
Committee: AFET
Amendment 268 #

2020/2080(INI)

Motion for a resolution
Paragraph 1 – point k
(k) ensure the possibility that future key land, sea, air, cyber and other platforms for the armed forces of the Member States arcan be brought under PESCO or are at least closely connected to it;
2020/07/08
Committee: AFET
Amendment 275 #

2020/2080(INI)

Motion for a resolution
Paragraph 1 – point l
(l) consider, as part of the reform of the EU Battlegroup system, to bring it under PESCO in order to increase its operational capacity, modularity and agility;deleted
2020/07/08
Committee: AFET
Amendment 285 #

2020/2080(INI)

Motion for a resolution
Paragraph 1 – point m
(m) group PESCO projects into capability clusters and make a distinction between strategically relevant and other projectsdesignated projects; review the current list of 47 projects and either cluster or cancel projects which are making insufficient progress or present insufficient mutually beneficial gain to the European Union;
2020/07/08
Committee: AFET
Amendment 307 #

2020/2080(INI)

Motion for a resolution
Paragraph 1 – point q
(q) define an effective and strong project steering committee, reaffirm the central role of the PESCO secretariat as a single point of contact for all projects and invite the secretariat to carry out regular situation points on the progress of projects for the benefit of all the stakeholders, including Parliament, via information collected Member State(s) in charge of project coordination;
2020/07/08
Committee: AFET
Amendment 320 #

2020/2080(INI)

Motion for a resolution
Paragraph 1 – point t
(t) examine the establishment of an EU Council on Defence based on the existing EDA ministerial Steering Board and the PESCO format of EU Defence Ministers, in order to guarantee the prioritisation of resources, and the effective cooperation and integration among the Member States;
2020/07/08
Committee: AFET
Amendment 327 #

2020/2080(INI)

Motion for a resolution
Paragraph 1 – point u
(u) clarify or define the link between the governance of PESCO and that of the EDF and to involveinform Parliament in the ex- post control process when it comes to EDF funding of PESCO projects;
2020/07/08
Committee: AFET
Amendment 336 #

2020/2080(INI)

Motion for a resolution
Paragraph 1 – point w a (new)
(wa) encourage ‘future threats’ to be at the basis of future PESCO project proposals, thus focussing on future developments which might present new security challenges to the Union;
2020/07/08
Committee: AFET
Amendment 338 #

2020/2080(INI)

Motion for a resolution
Paragraph 1 – point w b (new)
(wb) ensure that in all relevant aspects of PESCO projects, involvement and inclusion of SME’s is ensured;
2020/07/08
Committee: AFET
Amendment 5 #

2020/2023(INI)

Motion for a resolution
Recital A b (new)
A b. whereas during the transition period, EU law across all policy areas, is still applicable to, and in, the UK, with the exception of provisions of the Treaties and acts that were not binding upon, and in, the UK before the Withdrawal Agreement entered into force; whereas on the 14th of May 2020, the European Commission opened infringement proceedings against the UK for failure to comply with EU rules on free movement;
2020/05/28
Committee: AFETINTA
Amendment 6 #

2020/2023(INI)

Motion for a resolution
Recital A c (new)
A c. whereas the European Parliament gave its position on the proposed mandate for negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland in its resolution the 12 February 2020.
2020/05/28
Committee: AFETINTA
Amendment 7 #

2020/2023(INI)

Motion for a resolution
Recital B
B. whereas the EU mandate is based B. on the European Council guidelines of 23 March 2018 and the Political Declaration both agreed withby the EU and the UK on 17 October 2019; and whereas the Political Declaration establishes the parameters of the new partnership.
2020/05/28
Committee: AFETINTA
Amendment 8 #

2020/2023(INI)

Motion for a resolution
Recital C
C. whereas the negotiations on the future partnership shouldcan only be premised on the effective and full implementation of the Withdrawal Agreement and its three protocols;
2020/05/28
Committee: AFETINTA
Amendment 21 #

2020/2023(INI)

Motion for a resolution
Recital G
G. whereas the EU and the UK agreed in the Political Declaration to convene at a high level in June 2020 to take stock of progress of the implementation of the Withdrawal Agreement and of the negotiations with the aim of agreeing action to move forward with negotiations on the future relationship;
2020/05/28
Committee: AFETINTA
Amendment 22 #

2020/2023(INI)

Motion for a resolution
Recital H
H. whereas unity of the EU and its Member States should maintain their unity throughout the negotiations in order to defend the interests of their citizens in the best possible waythroughout the negotiations is essential in order to defend the interests of the EU, including those of its citizens in the best possible way; whereas the EU and its Member States have remained united throughout the negotiation and adoption of the Withdrawal Agreement and ever since; whereas this unity is reflected in the adoption of the negotiating mandate entrusted to the EU negotiator and Head of the EU Task Force Michel Barnier, who enjoys the strong support of the EU and its Member States;
2020/05/28
Committee: AFETINTA
Amendment 27 #

2020/2023(INI)

Motion for a resolution
Recital I
I. whereas the EU and UK agreed in the Political Declaration that the future relationship should be underpinned by shared values such as the respect for and safeguarding of human rights and fundamental freedoms, democratic principles, the rule of law, and support for non-proliferation, international rules-based order including support for non-proliferation, protection of the environment and that these values are an essential prerequisite for cooperation within the framework of the Political Declaration; whereas the future relationship should incorporatebe conditioned to the United Kingdom’s continued commitment to respect the framework of the European Convention on Human Rights (ECHR);
2020/05/28
Committee: AFETINTA
Amendment 29 #

2020/2023(INI)

Motion for a resolution
Recital I a (new)
I a. whereas the Political Declaration states that the future economic partnership will be underpinned by provisions ensuring a level playing field for open and fair competition.
2020/05/28
Committee: AFETINTA
Amendment 31 #

2020/2023(INI)

Motion for a resolution
Recital I b (new)
I b. whereas the COVID19 pandemic has created a totally unexpected and un- precedented new situation, which has significant consequences on the implementation of the Withdrawal Agreement and on the rhythm and efficiency of the negotiations between the UK and the EU.
2020/05/28
Committee: AFETINTA
Amendment 32 #

2020/2023(INI)

Motion for a resolution
Recital I c (new)
I c. whereas facing a global pandemic and its foreseeable geopolitical, economic and social consequences reinforces the necessity to improve cooperation mechanisms between partners and allies.
2020/05/28
Committee: AFETINTA
Amendment 41 #

2020/2023(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Welcomes and insists that the Commission continues its practice to provide timely information to the Parliament on the negotiations, in line with the information that is shared with the Member States;
2020/05/28
Committee: AFETINTA
Amendment 42 #

2020/2023(INI)

Motion for a resolution
Paragraph 2 b (new)
2 b. Strongly believes that transparency benefits the negotiation process and is also beneficial to citizens and businesses as it allows them to better prepare for the post-transition phase;
2020/05/28
Committee: AFETINTA
Amendment 53 #

2020/2023(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Underlines that the covid-19 pandemic directly affects the negotiation process; recognizes the willingness by both parties to continue negotiations during the covid-19 pandemic through virtual means in order to limit the extent of the delay; acknowledges that negotiations through virtual means pose additional challenges; calls on the parties to hold face-to-face meetings once this is deemed safe;
2020/05/28
Committee: AFETINTA
Amendment 55 #

2020/2023(INI)

Motion for a resolution
Paragraph 3 b (new)
3 b. Strongly believes that the negative impact of the covid-19 pandemic on global trade and economic relations serves as an additional incentive to make substantial progress in the negotiations and work towards a comprehensive and ambitious partnership;
2020/05/28
Committee: AFETINTA
Amendment 66 #

2020/2023(INI)

Motion for a resolution
Paragraph 4 – point iv
(iv) the safeguarding of the EU legal order and the role of the Court of Justice of the European Union (CJEU) as the sole body responsible for interpreting EU law in this respect;
2020/05/28
Committee: AFETINTA
Amendment 70 #

2020/2023(INI)

Motion for a resolution
Paragraph 4 – point vi
(vi) a level playing field, ensuring equivalent standards in social, labour, environmental, competition and State aid policies, including through a robust and comprehensive framework on competition and State aid control, dispute settlement and enforcement mechanisms;
2020/05/28
Committee: AFETINTA
Amendment 75 #

2020/2023(INI)

Motion for a resolution
Paragraph 4 – point vii a (new)
(vii a) the Parties' commitments to international agreements to tackle climate change including those which implement the United-Nations Framework Conventions on Climate Change, in particular the Paris Agreement should constitute an essential element of the future agreement.
2020/05/28
Committee: AFETINTA
Amendment 91 #

2020/2023(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Recalls that without a balanced and long-term fisheries agreement that ensures reciprocal access to waters and resources with respect to the principle of sustainable management of fisheries and marine ecosystems and ensuring a level playing field, there will be no economic and trade partnership agreement;
2020/05/28
Committee: AFETINTA
Amendment 92 #

2020/2023(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Emphasises the importance of making substantial progress on all topics in parallel, including on those that showed limited to no progress such as the level-playing field, governance, law enforcement as well as the timely conclusion of a fisheries agreement;
2020/05/28
Committee: AFETINTA
Amendment 94 #

2020/2023(INI)

Motion for a resolution
Paragraph 6
6. Emphasises the importance of being ready for the UK’s withdrawal from the internal market and the customs union at the end of the transition period on 31 December 2020, regardless of the outcome of the negotiations; stresses that the consequences will be even more significant should no agreement be reached; welcomes, in this regard, the Commission’s sector-specific ‘readiness notices’, which seek to ensure that EU industry is ready for the inevitable shock that the UK’s withdrawal from the single market will cause; encourages the European Commission and Member States to enhance their efforts in order to fully inform European citizens and businesses of the risks that the transition period might end before an agreement is reached, in order to allow for and support adequate preparedness to such an unintended but possible outcome.
2020/05/28
Committee: AFETINTA
Amendment 105 #

2020/2023(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Recalls the negotiating directives, which set out that Gibraltar will not be included in the territorial scope of the agreement to be concluded between the EU and the UK, and that any separate agreement will require the prior agreement of the Kingdom of Spain;
2020/05/28
Committee: AFETINTA
Amendment 119 #

2020/2023(INI)

Motion for a resolution
Paragraph 7
7. Recalls that the Withdrawal Agreement is the instrument for implementing the arrangements for the UK’s withdrawal, that it is not subject to any sort of renegotiation of its provisions and that the onlysole purpose of the EU-UK Joint Committee is to oversee its application; underlines the importance of the effective implementation of the Withdrawal Agreement as a litmus test for the good faith that the UK brings to the negotiating process and recalls that the outcome of the negotiations would be linked to ion the future relationship should be linked to implementation of the Withdrawal Agreement;
2020/05/28
Committee: AFETINTA
Amendment 128 #

2020/2023(INI)

Motion for a resolution
Paragraph 8
8. Insists on having solid guarantees that the UK will implementthe full implementation by the UK of the Withdrawal Agreement effectively and in its entirety before the end of the transition period; stresses that monitoring its implementation should be an integral part of the work on the future relations;
2020/05/28
Committee: AFETINTA
Amendment 130 #

2020/2023(INI)

Motion for a resolution
Paragraph 8 b (new)
8 b. Pays special attention to the full respect of citizens' rights as defined in the Withdrawal Agreement; is determined to ensure that Member States fully respect and protect rights of British citizens living in the European Union under the Withdrawal Agreement; is equally committed to monitor closely that the UK fully respects and protects the rights of EU citizens living on its soil under the Withdrawal Agreement;
2020/05/28
Committee: AFETINTA
Amendment 131 #

2020/2023(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Insists the European Parliament to be fully and immediately informed of all the discussions held and decisions taken by the Joint Committee; recalls in this respect the obligations stemming from Council Decision (EU) 2020/135 of 30 January 2020 on the conclusion of the Agreement on the withdrawal of the United-Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community2, and in particular Article 2(3) thereof, which provides that Parliament must be in a position to exercise fully its institutional prerogatives throughout the Joint Committee proceedings;
2020/05/28
Committee: AFETINTA
Amendment 134 #

2020/2023(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Insists that the European Parliament is regularly informed regarding the implementation of the Withdrawal Agreement;
2020/05/28
Committee: AFETINTA
Amendment 135 #

2020/2023(INI)

Motion for a resolution
Paragraph 8 c (new)
8 c. Notes with concern that the COVID19 pandemic had significant consequences on the possibility for EU citizens living in the UK to apply to the EU settlement scheme as front offices have been closed due to the lockdown decided by British authorities;
2020/05/28
Committee: AFETINTA
Amendment 137 #

2020/2023(INI)

Motion for a resolution
Paragraph 9
9. Recalls that under the Protocol on Ireland/Northern Ireland, designed and adopted in order to ensure the absence of a hard border on the island of Ireland while protecting the integrity of the Single market after the end of the transition period the UK, while being a third country, will have the task of implementing parts of the Union Customs Code, which will require unprecedented structures to be set up even before the end of the transition period, necessitating due consideration for the issue of proper implementation and enforcement; calls on the Commission to carry out efficient checks and controls; expresses concern at the repeated refusal expressed by the British authorities to authorize the opening of a permanent office for EU officials in Belfast to monitor the good implementation of the Protocol on Ireland/Northern Ireland; notes that the term goods ‘at risk of subsequently being moved into the Union’ used in Article 5 of that Protocol is unclear and depends on subsequent decisions of the Joint Committee which are exempt from formal European Parliament scrutiny; requests to be kept fully informed on the application of that Article and any proposals for decisions of the Joint Committee in that regard;
2020/05/28
Committee: AFETINTA
Amendment 146 #

2020/2023(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Emphasises the need to proceed with the necessary measures for the introduction of customs procedures for goods entering Northern Ireland from Great Britain, as well as necessary sanitary and phytosanitary controls and other regulatory checks;
2020/05/28
Committee: AFETINTA
Amendment 162 #

2020/2023(INI)

Motion for a resolution
Paragraph 12
12. Takes note that the UK has chosen to establish its future economic and trade partnership with the EU on the basis of a ‘Comprehensive Free Trade Agreement’ as laid down in the UK’s Approach to Negotiations; emphasises that, while the European Parliament is supportive of the EU constructively negotiating a balanced, ambitious and comprehensive FTA with the UK, by its nature an FTA will never be equivalent to ‘frictionless’ trade; expresses concern at the intention of the UK government to move away from zero tariffs and zero quota and avoid any commitments on the level playing field; emphasizes, in this regard, that the agreement should ensure open and fair competition, and prevent distortions in trade and unfair competitive advantages; shares the Commission’s negotiating position whereby the scope and ambition of an FTA that the EU would agree to is conditional on the UK agreeing to provisions related to the level playing field, given the geographical proximity and integration of markets, as well as on the conclusion of an agreement on fisheries;
2020/05/28
Committee: AFETINTA
Amendment 179 #

2020/2023(INI)

Motion for a resolution
Paragraph 13 – point i
(i) reciprocal arrangement for mutually beneficial market access for goods, services, public procurement, recognition of professional qualifications and where relevant foreign direct investment to be negotiated in full compliance with World Trade Organization (WTO) rules while recalling the necessary difference of treatment between a third country and a Member State;
2020/05/28
Committee: AFETINTA
Amendment 216 #

2020/2023(INI)

Motion for a resolution
Paragraph 13 – point ix
(ix) an overarching chapter on the needs and interests of micro-enterprises and small and medium-sized enterprises (SMEs) with regard to market access facilitation issues including, but not limited to, compatibility of technical standards, and streamlined customs procedures with the aim of preserving and generating concrete business opportunities and fostering their internationalisation; noteregrets that the UK’s approach to the negotiations does not include specific provisions reflecting these objectives;
2020/05/28
Committee: AFETINTA
Amendment 247 #

2020/2023(INI)

Motion for a resolution
Paragraph 16 – introductory part
16. Recalls its determination to prevent any kind of ‘dumping’ in the framework of the future EU-UK relationship; considerspoints out that a key outcome of the negotiations is to guarantee a level playing field through robust commitments and enforceable provisions on:
2020/05/28
Committee: AFETINTA
Amendment 249 #

2020/2023(INI)

Motion for a resolution
Paragraph 16 – point i
(i) competition and State aid, which should prevent undue distortion of trade and competition and include provisions on state-owned enterprises; regrets, with regard to State aid, that the UK approach does not reflect the same ambition and only covers subsidies;
2020/05/28
Committee: AFETINTA
Amendment 253 #
2020/05/28
Committee: AFETINTA
Amendment 263 #

2020/2023(INI)

Motion for a resolution
Paragraph 17
17. Points out that these provisions should ensure that standards are not lowered, while empowering both parties to modify commitments over time to lay down higher standards or include additional areas; stresses, moreover, that commitments and provisions should be enforceable by autonomous interim measures, a solid dispute settlement mechanism and remedies, to provide the Union with the ability to adopt sanctions as a last resort in every covered areas, including in relation to sustainable development with a view to dynamic alignment;
2020/05/28
Committee: AFETINTA
Amendment 271 #

2020/2023(INI)

Motion for a resolution
Paragraph 18
18. Strongly believes that the UK should adhere to the evolving standards on taxation and, anti-money laundering and counter terrorism financing legislation within the EU acquis, including tax transparency, the exchange of information on tax matters and anti-tax avoidance measures, and should address the respective situations of its Overseas Territories, its Sovereign Base Areas and its Crown Dependencies and their non- compliance with EU good governance criteria and transparency requirements;
2020/05/28
Committee: AFETINTA
Amendment 293 #

2020/2023(INI)

Motion for a resolution
Paragraph 21
21. Recalls that this is contrary to the provisions of the Political Declaration, which envisages an ambitious, broad, deep and flexible partnership in the field of foreign policy, security and defence and contains a part dedicated specifically to the EU-UK future security partnership, and to which the UK has agreed;
2020/05/28
Committee: AFETINTA
Amendment 376 #

2020/2023(INI)

Motion for a resolution
Paragraph 32
32. Points out that the entire Agreement with the UK as a third country, including among others provisions on the level playing field and fisheries, should include the establishment of a coherent and solid governance system as an overarching framework, covering the joint continuous supervision and management of the Agreement as well as dispute settlement and enforcement mechanisms with sanctions and interim measures where necessary with respect to the interpretation and application of the Agreement’s provisions;
2020/05/28
Committee: AFETINTA
Amendment 19 #

2020/2016(INI)

Motion for a resolution
Recital A
A. whereas digital technologies in general and artificial intelligence (AI) in particular bring with them extraordinary promise; whereas AI is one of the strategic technologies of the 21st century, with the potential to generatinge substantial benefits in efficiency, accuracy, and convenience, and thus bringing positive change to the European economy; whereas AI should not be seen as an end in itself, but as a tool for serving people, with the ultimate aim of increasing human well-being and the common good;
2020/07/20
Committee: LIBE
Amendment 35 #

2020/2016(INI)

Motion for a resolution
Recital C
C. whereas trustworthy AI systems need to be accountable, designed for all (including consideration of vulnerable, marginalised populations in their design), be non- discriminatory, safe and transparent, and respect human autonomy and fundamental rights;
2020/07/20
Committee: LIBE
Amendment 57 #

2020/2016(INI)

Motion for a resolution
Recital G
G. whereas AI applications in use by law enforcement include applications such as facial recognition technologies, automated number plate recognition, speaker identification, speech identification, lip-reading technologies, aural surveillance (i.e. gunshot detection algorithms), autonomous research and analysis of identified databases, forecasting (predictive policing and crime hotspot analytics), behaviour detection tools, autonomous tools to identify financial fraud and terrorist financing, social media monitoring (scraping and data harvesting for mining connections), international mobile subscriber identity (IMSI) catchers, and automated surveillance systems incorporating different detection capabilities (such as heartbeat detection and thermal cameras); whereas the aforementioned applications, alongside other potential or future applications of AI technology in law enforcement, can have vastly varying degrees of reliability and accuracy;
2020/07/20
Committee: LIBE
Amendment 90 #

2020/2016(INI)

Motion for a resolution
Paragraph 2
2. Reaffirms that all AI solutions for law enforcement and the judiciary also need to fully respect the principles of non- discrimination, freedom of movement, the presumption of innocence and right of defence, freedom of expression and information, freedom of assembly and of association, equality before the law, and the right to an effective remedy and a fair trial and the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union;
2020/07/20
Committee: LIBE
Amendment 103 #

2020/2016(INI)

Motion for a resolution
Paragraph 3
3. Considers, in this regard, that any AI tool either developed or used by law enforcement or judiciary should, as a minimum, be safe, secure and fit for purpose, respect the principles of fairness, accountability, transparency and explainability, with their deployment subject to a risk assessment and a strict necessity and proportionality test;
2020/07/20
Committee: LIBE
Amendment 118 #

2020/2016(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Stresses that technology can be repurposed and calls for strict democratic control and oversight for any AI-enabled technology in use by public authorities that can be repurposed for mass surveillance or mass profiling;
2020/07/20
Committee: LIBE
Amendment 123 #

2020/2016(INI)

Motion for a resolution
Paragraph 5
5. Stresses the potential for bias and discrimination arising from the use of machine learning and AI applications; notes that biases can be inherent in underlying datasets, especially when historical data is being used, introduced by the developers of the algorithms, or generated when the systems are implemented in real world settings; cautions about similar potential biases in the algorithms of AI systems; stresses that it is imperative that AI use by the police and judicial authorities in criminal matters does not become a factor of inequality, social fracture, or exclusion;
2020/07/20
Committee: LIBE
Amendment 136 #

2020/2016(INI)

Motion for a resolution
Paragraph 7
7. Highlights the power asymmetry between those who develop and employ AI technologies and those who interact and are subject to them;deleted
2020/07/20
Committee: LIBE
Amendment 147 #

2020/2016(INI)

Motion for a resolution
Paragraph 9
9. Considers it necessary to create a clear and fair regime for assigning legal responsibility and legal liability for the potential adverse consequences produced by these advanced digital technologies; underlines that legal responsibility and liability must always rest with a natural or legal person;
2020/07/20
Committee: LIBE
Amendment 152 #

2020/2016(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Stresses that no AI system should be enabled to harm the physical integrity of human beings, nor to distribute rights or to impose legal obligations on individuals;
2020/07/20
Committee: LIBE
Amendment 159 #

2020/2016(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Highlights that adequate accountability, responsibility, and liability require significant specialised training with regards to the ethical provisions, potential dangers, limitations, and proper use of AI technology, especially for police and judiciary personnel; suggests that sufficient resources be allocated to a European Agency (such as CEPOL) to accommodate such training;
2020/07/20
Committee: LIBE
Amendment 178 #

2020/2016(INI)

Motion for a resolution
Paragraph 14
14. Calls for periodic mandatory auditing and testing of all AI systems used by law enforcement and the judiciary to test and evaluate algorithmic systems once they are in operation, in order to detect, investigate, diagnose and rectify any unwanted and adverse effects and ensure the AI systems are performing as intended;
2020/07/20
Committee: LIBE
Amendment 42 #

2020/2004(INI)

Motion for a resolution
Recital W
W. whereas the status of the Democratic People’s Republic of Korea’s (DPRK), who withdrew in 2003 from the Treaty and acquired the ability to manufacture nuclear weapons despite strong international sanctions, weapons of mass destruction remains unchanged; whereas, according to the IAEA Annual Report for 2018, Pyongyang continued its nuclear activities; whereas signs of activity from DPRK’s nuclear sites were reported throughout 2019, and Pyongyang announced an imminent ‘very important test’ at a satellite-launching site; whereas perspectives for concrete steps towards denuclearisation of the area in the short- term are slim;
2020/01/29
Committee: AFET
Amendment 3 #

2020/2002(INI)

Motion for a resolution
Citation 2 a (new)
- having regard to the Joint declaration of the members of the European Council with the Member States of the G5 Sahel of 28 April 2020,
2020/05/07
Committee: AFET
Amendment 5 #

2020/2002(INI)

Motion for a resolution
Citation 2 b (new)
- having regard to the Council Decision (CFSP) 2020/253 of 25 February 2020, amending Decision (CFSP) 2018/906 extending the mandate of the European Union Special Representative for the Sahel,
2020/05/07
Committee: AFET
Amendment 91 #

2020/2002(INI)

Motion for a resolution
Recital E
E. whereas the European Union has conducted fourthree military common security and defence policy missions and operations to train and advise the Armed Forces of Somalia (EU training mission (EUTM) Somalia – 2010), Mali (EUTM Mali – 2013) and the Central African Republic (EUTM CAR – 2016), one naval military operation (EU naval force operation (NAVFOR) ATALANTA – 2009), and three civilian missions to train and advise the internal security forces of Mali (EU capacity-building mission (EUCAP) Sahel Mali – 2012), Niger (EUCAP Sahel Niger – 2014) and Somalia (EUCAP Somalia – 2014), and has established and will soon conductlaunch an advisory mission (EUAM) in the Central African Republic;
2020/05/07
Committee: AFET
Amendment 127 #

2020/2002(INI)

Motion for a resolution
Recital I
I. whereas neither the Somali army, nor thean, Burkinabe, Malian army nor the Central African Aarmed Forces (FACA)ies have been able to contribute effectively to the fight against jihadists 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. They also 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 139 #

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 worse and a new and comprehensive strategy therefore needs to be implemented;
2020/05/07
Committee: AFET
Amendment 145 #

2020/2002(INI)

Motion for a resolution
Recital K
K. whereas Russia has sent hundreds of instructors to train and arm FACA soldiers and China steps up its presence;
2020/05/07
Committee: AFET
Amendment 153 #

2020/2002(INI)

Motion for a resolution
Recital L
L. whereas the European Development Fund andthrough the African Peace Facility (APF) provides support to the African Union, financing, among other things, the operational cost of military peacekeeping operations in Africa;
2020/05/07
Committee: AFET
Amendment 157 #

2020/2002(INI)

Motion for a resolution
Recital L a (new)
L a. whereas the future European Peace Facility (EPF) that should take over from the APF in 2021 should extend its scope to the partner states and allow for the supply of military equipment;
2020/05/07
Committee: AFET
Amendment 172 #

2020/2002(INI)

Motion for a resolution
Paragraph 1
1. Considers that the European Union must coordinate the development and security initiatives in which it is involved as part of an integrated strategy; recalls that the fight against terrorism depends on the ability of the states concerned to have strong and reliable institutions, well established basic services including internal security capacities and a justice system, in particular on criminal matters, in which citizens have confidence;
2020/05/07
Committee: AFET
Amendment 186 #

2020/2002(INI)

Motion for a resolution
Paragraph 2
2. Considers that the European Union’s common foreign development and security missions, operations and programmejects should be coordinated by the VP/HR under the authority of the Council in accordance with Article 43(2) of the TEU and that a centralised doctrine centre should be estabthe Joint Support Coordination Cell (JSCC) should have an enhanced coordination role and should propose a centralished coveringdoctrine that would reinforce the capacities of the Military Planning and Conduct Capability and the Civilian Planning and Conduct Capability training missions, and projects supporting or reforming the security sector;
2020/05/07
Committee: AFET
Amendment 209 #

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 230/2014Stresses that 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.' and the establishment of the future EPF let to the authorisation of the supply of military equipment including weapons and ammunition as well as lethal equipment to support military capabilities in African armed forces;
2020/05/07
Committee: AFET
Amendment 212 #

2020/2002(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Insists on the importance that the ongoing discussion on the establishment of the future EPF lead to authorization of the supply of military equipment, including weapons and ammunition as well as lethal equipment to support military capability of African armed forces;
2020/05/07
Committee: AFET
Amendment 230 #

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 also been hampered by the lack of basic equipment in the countries affected and that it is therefore necessary:;
2020/05/07
Committee: AFET
Amendment 237 #

2020/2002(INI)

Motion for a resolution
Paragraph 5 – point a
a) for the EUPF budget to be large enough to effectively address the current challenges including relatinged to trainingoperations, missions and military equipment (including weapons, munitions and transport);
2020/05/07
Committee: AFET
Amendment 271 #

2020/2002(INI)

Motion for a resolution
Paragraph 9
9. Recommends that any financing of capacity-building operations for African countries isbe conditional on an action plan with reasonable deadlinesthe recipient country presenting a commonly agreed support plan with reasonable deadlines to be achieved with EU monitoring with the possibility of further adjustments depending on the evolution of the situation;
2020/05/07
Committee: AFET
Amendment 282 #

2020/2002(INI)

Motion for a resolution
Paragraph 10 – point a
a) harmonising training methods and rules of procedure and engagement and ensuring they are unique and tailored to the identified needs in country;
2020/05/07
Committee: AFET
Amendment 296 #

2020/2002(INI)

Motion for a resolution
Paragraph 10 – point d
d) ensuring that training corresponds to the operational reality, i.e. it should include mobility and command and control capacities;
2020/05/07
Committee: AFET
Amendment 304 #

2020/2002(INI)

Motion for a resolution
Paragraph 11
11. Believes that the EU mustshould continue conducting a comprehensive and effective periodic evaluation of the EUCAP Sahel Mali, EUCAP Sahel Niger, EUCAP Somalia and EUAM CAR civilian missions, adapting them to real needsthrough regular Strategic Reviews, in order to adapt them to evolving security and political situations and real needs on the ground in order to make them fullyeven more operational and effective;
2020/05/07
Committee: AFET
Amendment 316 #

2020/2002(INI)

Motion for a resolution
Paragraph 13
13. Requires the Malian signatories to the Algiers agreement for Peace and Reconciliation in Mali, resulting from the Algiers Process to abide by and implement them without further delay;
2020/05/07
Committee: AFET
Amendment 319 #

2020/2002(INI)

Motion for a resolution
Paragraph 14
14. Believes that the European Union should continue its financial support to AMISON via the APF, maintain the presence of the three EU military missor civilian missions and operations (ATALANTA, EUTM Somalia and EUCAP Somalia), support democratic institutions and continue any training of the national army not linked to regional interests;
2020/05/07
Committee: AFET
Amendment 325 #

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; and the advice in the field of doctrine, planed capacities and management; 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 332 #

2020/2002(INI)

Motion for a resolution
Paragraph 16
16. Believes that the African states have to take responsibility for fulfilling their sovereign duties in all areas cleared of jihadists, armed groups, traffickers and bandits by providing basic services (administration, water and power supply, health, justice, education), even if some of these services should be temporarily provided by the army or security forces, until such time as the civil administration takes over;
2020/05/07
Committee: AFET
Amendment 345 #

2020/2002(INI)

Motion for a resolution
Paragraph 18
18. Stresses that coordination with the countries of North Africa is desirableneeded as well as an effective contribution to peace and reconciliation in Libya in order to prevent it from becoming a hotspot for the spread of jihadism, arms and human trafficking;
2020/05/07
Committee: AFET
Amendment 354 #

2020/2002(INI)

Motion for a resolution
Paragraph 19
19. Welcomes the efforts of Mauritania to take a social and development approach to its military and security response; expresses its solidarity with Niger, Mali and Burkina Faso, countries that are deeply affected by terrorism; compliments the efforts and sacrifices of the international community, the United Nations Multidimensional Integrated Stabilization Mission in Mali, the Multinational Joint Task Force, the G5 and the French Armed Forces (Operation Barkhane), EUTM Malithe EU Regional Advisory Coordination Cell (RACC), EUTM Mali, GAR-SI Sahel and the Chadian Army, which is the essential force in the central and east sectors of the G5 requiring special support for its battalions;
2020/05/07
Committee: AFET
Amendment 369 #

2020/2002(INI)

Motion for a resolution
Paragraph 21
21. Calls for the EU to pay particular attention to the spread of jihadism in areas such as the Indian Ocean and West Africa and to lend cooperation and establish aid programmes when required; Encourages the EU to persist with its global efforts to combat jihadism, as jihadism has a worldwide reach by exporting its ideology and thereby negatively influencing societies across the globe, including African societies;
2020/05/07
Committee: AFET
Amendment 373 #

2020/2002(INI)

Motion for a resolution
Paragraph 21
21. Calls for the EU to pay particular attention to the maritime security as well as the spread of jihadism in areas such as the Indian Ocean and West Africa and to lend cooperation and establish aid programmes when required;
2020/05/07
Committee: AFET
Amendment 395 #

2020/2002(INI)

Motion for a resolution
Paragraph 23
23. Believes that the European Union should ensure that development plans are multi-sectoral and provide a global solution to the challenges of the region concerned; 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 civil society and humanitarian organisations to ensure effective coordination;
2020/05/07
Committee: AFET
Amendment 477 #

2020/2002(INI)

Motion for a resolution
Paragraph 28
28. Recommends that the EU, together with the International Monetary Fund and the World Bank, and the African Development Bank, intervenes on a financial level to help control debt and the payment of interest;
2020/05/07
Committee: AFET
Amendment 1 #

2020/1998(BUD)

Draft opinion
Paragraph 1
1. Regrets that the proposed commitment appropriations for the “Citizens, Equality, Rights and Values Programme” at EUR 90 600 000 are much lower than initially requested by the Parliament, and represents a decrease of - 9,9% on commitment appropriations and - 17,8% on payment appropriations compared to 2020; requests, in line with the first reading position of the Parliament adopted on 17 April 2019, that commitment appropriations are increased to EUR 265 000 000 and that a new budget line to “promote and protect Union values“ (EUR 120 000 000 in commitment appropriations) is created; calls, in line with the partial agreement reached with Council, to increase the commitment appropriations under the “Daphne” budget line to EUR 37 100 000 and to earmark EUR 27 300 000 of this amount for the fight against gender-based violence by creating a subline “Combating all forms of gender-based violence”; calls further for an increase of the commitment appropriations of the budget line “Promote citizens engagement and participation in the democratic life of the Union” to EUR 70 600 000, to rename the budget line “Promote equality and rights” to “Promote equality, rights and gender equality” and to earmark EUR 10 300 000 to “Promote gender equality and gender mainstreaming” by creating a new subline;
2020/08/17
Committee: LIBE
Amendment 6 #

2020/1998(BUD)

Draft opinion
Paragraph 1 a (new)
1 a. Recalls that independent and qualitative investigative journalism is an essential component of a well-functioning democracy, by bringing quality fact-based information, combating disinformation, raising awareness to citizens, and revealing wrongdoings or crimes; stresses that journalism across Europe faces strong challenges, in particular the lack of financial resources, hence threatening their independence or survival; calls for ambitious funding programmes in the European budget in this field;
2020/08/17
Committee: LIBE
Amendment 12 #

2020/1998(BUD)

Draft opinion
Paragraph 3
3. Notes the small increase (+0.5%) of commitment and payment appropriations of the Justice programme; requests, in line with position of the Parliament on the financial envelope for the Justice programme included in the European Parliament resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027, to further increase the funding of that programme in 2021 by a total of EUR 6 800 000 to EUR 50 500 000; stresses that Justice is a key component of a Security Union as defended by the President of the European Commission, and that judicial cooperation should be strengthened with the help of European JHA agencies, in particular to fight organised crime and terrorism;
2020/08/17
Committee: LIBE
Amendment 13 #

2020/1998(BUD)

Draft opinion
Paragraph 3 a (new)
3 a. Is concerned by the reduction (- 10,2%) of the commitment appropriations for the Asylum and Migration Fund (AMF), at a time where the pressure on national authorities for asylum remains very high, with huge gaps in terms of proper reception of asylum seekers and major delays in the procedures for asylum in the Member States; recalls the importance of providing adequate financial capacities to support the development of a Common European Asylum System, to bring concrete solidarity to Member States most exposed to migration and asylum flows, as well as to ensure efficient and fair asylum and return procedures; requests a budget increase for the AMF commitment appropriations to at least the level of 2020, i.e. 1 228,7 million euros;
2020/08/17
Committee: LIBE
Amendment 15 #

2020/1998(BUD)

Draft opinion
Paragraph 4
4. Considers that the small funding increase (+1.8%) proposed for the European Monitoring Centre for Drugs and Drug Addiction will not be sufficient to comply with its legal obligations deriving from the Staff Regulations as well as its rental contracts; emphasises, moreover, that additional funding should be provided for the Centre to fully deploy its operational capacity and to effectively respond to the most recent developments of the drug phenomenon, including effects of Covid-19 outbreak; highlights that the drug retail value in Europe is estimated at 30 billion euros per year, and that 100 tonnes of cocaine were seized in the EU in 2019; requests, therefore, to increase the Centre’s budget to EUR 18 100 000;
2020/08/17
Committee: LIBE
Amendment 16 #

2020/1998(BUD)

Draft opinion
Paragraph 5
5. Takes note of the proposal to increase the appropriations of the European Union Agency for Law Enforcement Cooperation (Europol) by 11.5% while leaving the number of statutory staff unchanged; reminds that the AgencyEuropol is requested to provide increased analysis and operational support to Member States and, upon request, has recently launched new initiatives such as the European Financial and Economic Crime Centre and the Innovation Lab which require additional funding, tools and innovation to Member States’ law enforcement authorities, in areas such as countering terrorism and its financing, radicalisation and extremism, migrant smuggling, drugs trafficking or cybercrime, and, upon request, has recently launched new initiatives such as the European Financial and Economic Crime Centre and the Innovation Lab which require additional funding; also stresses the increase of criminal activities during the pandemic, such as cyberattacks and cybercrimes, online child abuse and exploitation, goods counterfeiting, and the surge of new activities in the recent years like environmental crimes, showing the adaptability and flexibility of criminals and the need for Europol to adapt likewise; expects Agency’s tasks to be further extended in 2021 with the upcoming revision of the Agency mandate; considers, therefore, that EUR 184 900 000 should be provided to the Agency in line with its request; requests to add further 63 posts to the Agency establishment plan;
2020/08/17
Committee: LIBE
Amendment 22 #

2020/1998(BUD)

Draft opinion
Paragraph 6
6. Stresses the importance of integrated border management to ensure the functioning of the Schengen area; highlights the important role of the European Border and Coast Guard Agency (Frontex) in this regard andnotes that the Covid-19 outbreak showed to which extent borders management has implications in various areas, not only in security and migration, but also in mobility; highlights the important role of the European Border and Coast Guard (Frontex) in this regard; regrets that Commission’s proposal is below the anticipated budget in the financial statement of the Agency’s regulation, hence putting at risk the ability of Frontex to deliver the European standing corps of border by 2024, as requested by the President of the European Commission; underlines that the recruitment, training and deployment of 10,000 border and coats guards requires exceptional resources that cannot be reduced; calls for a significant budget increase for 2021 to EUR 838 000 000 to allow the Agency to build and train its standing corps as well as to purchase own equipment, thereby allowing a successful and timely deployment and operational support to the Member States at the external borders;
2020/08/17
Committee: LIBE
Amendment 27 #

2020/1998(BUD)

Draft opinion
Paragraph 6 a (new)
6 a. Takes note of the decrease in commitment appropriations (-5%) and the increase in payment appropriations (12%) for eu-LISA; highlights the important role of the Agency in the proper implementation and operational management of EU large-scale IT systems in the area of freedom, security and justice (EES, ETIAS, ECRIS-TCN, EURODAC, VIS, SIS) and to provide interoperability between these systems for faster and more reliable data to border management and law enforcement authorities; regrets that Commission’s proposal does not meet eu-LISA’s request in terms of staff; requests 14 additional staff to support the securing information networks and databases, the project for the extension of the operational sites of the Agency and the activities of the management board;
2020/08/17
Committee: LIBE
Amendment 30 #

2020/1998(BUD)

Draft opinion
Paragraph 7
7. Takes note of the estimation of the 7. European Public Prosecutor’s Office (‘the EPPO’) that it will process information equivalent to 4,300 cases and 2,000 investigations in its first year of operation; expects the workload to increase further during the coming years, as up to 3700 in 2027, due to the overall increase of EU financial interests in the next MFF and the Recovery Plan; reminds that the EPPO is a prosecution office with mandatory competences; notes withis deeply concerned with the low funding level proposed in the Draft EU Budget 2021; and the amount of staff representing only half of what has been requested by EPPO; considers that such a proposal would significantly affect the ability of the new agency to start its activities and deliver its mandate stresses that a substantial funding increase to EUR 55 000 000 will be required to allow the EPPO to meet its legal obligation to translate a huge volume of documents that are transmitted to judges at national level and to provide it with the requested 140 European Delegated Prosecutors and 219 staff members;
2020/08/17
Committee: LIBE
Amendment 33 #

2020/1998(BUD)

Draft opinion
Paragraph 7 a (new)
7 a. Stresses that the Recovery plan is a new opportunity for criminals to make profits and misappropriate funds intended to saving jobs and supporting the legal economy in Europe; considers that the fight against fraud to EU’s budget, corruption, money laundering, criminal financing should be strengthened in 2021; in this context, stresses the importance of adequate funding for European JHA agencies, in particular Europol, EPPO, CEPOL, OLAF and Eurojust;
2020/08/17
Committee: LIBE
Amendment 34 #

2020/1998(BUD)

Draft opinion
Paragraph 7 b (new)
7 b. Welcomes the new Security Union Strategy published by the Commission on 24 July, focusing on critical infrastructure protection, the fight against cybercrime, responding to hybrid threats and organised crime; also notes the three action plans presented on online sexual abuse against children, on firearms and on drugs; considers therefore that adequate funding is necessary in the Union’s budget and for the European JHA agencies to pursue these objectives;
2020/08/17
Committee: LIBE
Amendment 39 #

2020/1998(BUD)

Draft opinion
Paragraph 10
10. Considers the proposed increase of appropriations for the European Union Agency for Criminal Justice Cooperation (Eurojust) insufficient in light of the challenges faced by the Agency with regard to digitalisation and the continuously growing caseload; requests to provide the Agency with 217 additional posts and to increase its budget accordingly to EUR 43 800 000;
2020/08/17
Committee: LIBE
Amendment 41 #

2020/1998(BUD)

Draft opinion
Paragraph 11
11. Welcomes the proposed increase of the European Asylum Support Office’s commitment and payment appropriations by 16.5% but regrets that the number of posts in its establishment plan have not been increased accordingly; requests therefore to reinforce the establishment plan of the Office by an additional 50 posts; recalls that Office plans to keep the same level of staff as requested for 2021 throughout the new programming period but stresses that additional staff will be needed if the new Regulation on the European Union Agency for Asylum is adopted; recalls that EASO’s operational activities have increased considerably in the recent years to address the challenge of the migration crisis and to assist Member States for the reception of asylum seekers and the processing of asylum procedures, in particular in EU hotspots; stresses that EASO has also been tasked with a number of new missions, in the fields of disembarkation or relocation; highlights that the additional staff will reinforce field operations, development and delivery of trainings, information and analysis, practical tools, governance activities and administrative functions, while the pressure on EU migration and asylum systems remains high.
2020/08/17
Committee: LIBE
Amendment 79 #

2020/0350(COD)

Proposal for a regulation
Article 1 – paragraph 1– point 3 – point a
Regulation (EU) 2018/1862
Article 24 – paragraph 1
1. Where a Member State considers that to give effect to an alert entered in accordance with Article 26, 32, 36 or 37a is incompatible with its national law, its international obligations or essential national interests, it may require that a flag be added to the alert, after it has provided the reasons for doing so, to the effect that the action to be taken on the basis of the alert will not be taken in its territory. Flags on alerts entered in accordance with Article 26, 32 or 36 shall be added by the SIRENE Bureau of the issuing Member State, flags on alerts entered in accordance with Article 37a shall be added by Europol.
2021/06/07
Committee: LIBE
Amendment 96 #

2020/0350(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 3 – introductory part
3. Europol may only enter an alert in SIS after it has ensuredstablished that this is necessary and justified, by ensuring all of the following:
2021/06/07
Committee: LIBE
Amendment 110 #

2020/0350(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 4 a (new)
4a. Europol shall keep detailed records relating to the proposed entry of an alert in SIS against which a reasoned objection was expressed by a Member State. Those records shall be made available for the purpose of the report pursuant to Article 74(3).
2021/06/07
Committee: LIBE
Amendment 120 #

2020/0350(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37b – paragraph 1 – point a
(a) collect and immediately communicate the following information:
2021/06/07
Committee: LIBE
Amendment 128 #

2020/0350(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37b – paragraph 2
2. The executing Member State shall immediately communicate the information referred to in paragraph 1(a) to Europol through the exchange of supplementary information.
2021/06/07
Committee: LIBE
Amendment 162 #

2020/0350(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EU) 2018/1862
Article 68 – paragraph 4 – subparagraph 1 – introductory part
(4) Member States and Europol shall report annually to the European Data Protection Board and the European Parliament on:
2021/06/07
Committee: LIBE
Amendment 166 #

2020/0350(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EU) 2018/1862
Article 68 –paragraph 4 – subparagraph 1 – point g a new
(ga) the number of alerts on persons the retention periods of which have been extended in accordance with paragraph 6 of Article 53(8).
2021/06/07
Committee: LIBE
Amendment 167 #

2020/0350(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EU) 2018/1862
Article 68 – paragraph 5
(5) The reports from the Member States and Europol shall be included in their entirety in the joint report referred to in Article 71(4).
2021/06/07
Committee: LIBE
Amendment 314 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point ii
Regulation (EU) 2016/794
Article 18 – paragraph 2e
(e) research and innovation regarding matters covered by this Regulation for the development, training, testing and validation of algorithms for the development of tools specifically and concretely related to the tasks of Europol;
2021/06/10
Committee: LIBE
Amendment 329 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d
Regulation (EU) 2016/794
Article 18 – paragraph 5a
5a. Prior to the processing of data under paragraph 2 of this Article, Europol may exceptionally and temporarily process personal data received pursuant to Article 17(1) and (2) for the purpose of determining whether such data comply with the requirements of paragraph 5 of this Article, including by checking the data against all data that Europol already processes in accordance with paragraph 5.
2021/06/10
Committee: LIBE
Amendment 335 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d
Regulation (EU) 2016/794
Article 18 – paragraph 6
Europol may only process personal data pursuant to this paragraph for a maximum period of one year, or in duly justified cases for a longer period with the prior authorisation of the EDPS, where strictly necessary and proportionate for the purpose of this Article. Where the result of the processing indicates that personal data do not comply with the requirements of paragraph 5 of this Article, Europol shall immediately delete that data and inform the provider of the data accordingly.
2021/06/10
Committee: LIBE
Amendment 340 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 1
1. Where objectively necessary for the support of a specific ongoing criminal investigation, Europol may exceptionally process personal data outside the categories of data subjects listed in Annex II where:
2021/06/10
Committee: LIBE
Amendment 342 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18 a – paragraph 1 – point a
(a) a Member State or the EPPO has established that it is strictly necessary and proportionate to provides an investigative case file to Europol pursuant to point (a) of Article 17(1) and in full compliance with national and Union law for the purpose of operational analysis in support of that specific ongoing criminal investigation within the mandate of Europol pursuant to point (c) of Article 18(2); and
2021/06/10
Committee: LIBE
Amendment 344 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 1 – point b
(b) Europol hassesses verified that it is objective necessary and proportionate and has assessed that it is not possible to carry out the operational analysis of the ongoing investigative case file without processing personal data that does not comply with the requirements of Article 18(5). This assessment shall be recorded. in its entirety and shall be sent to the EDPS.
2021/06/10
Committee: LIBE
Amendment 357 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 3
The Management Board, acting on a proposal from the Executive Director and after consultingation and prior authorisation of the EDPS, shall further specify the conditions relating to the processing of such data. Such personal data shall be functionally separated from other data and may only be accessed where necessarystrictly necessary and proportionate for the specific criminal investigation for which they were provided and for the purpose of ensuring the veracity, reliability and traceability of the criminal intelligence process.
2021/06/10
Committee: LIBE
Amendment 362 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 4
4. Paragraphs 1 to 3 shall also apply where Europol receives personal data from a third country with which there is an agreement concluded either on the basis of Article 23 of Decision 2009/371/JHA in accordance with point (c) of Article 25(1) of this Regulation or on the basis of Article 218 TFEU in accordance with point (b) of Article 25(1) of this Regulation, or which is the subject of an adequacy decision as referred to in point (a) of Article 25(1) of this Regulation, and such third country provides an investigative case file to Europol for operational analysis that supports the specific criminal investigation in a Member State or in Member States that Europol supports. Where a third country provides an investigative case file to Europol, the EDPS shall be informed. Europol shall verify that the amount of personal data is not manifestly disproportionate in relation to the specific investigation in a Member State that Europol supports, and that there are no objective elements indicating that the case file has been obtained by the third country in manifest violation of fundamental rights. Where Europol, or the EDPS, reaches the conclusion that there are preliminary indications that such data is disproportionate or collected in violation of fundamental rights, Europol shall not process it and shall delete the data. Data processed pursuant to this paragraph may only be accessed by Europol where necessary for the support of the specific criminal investigation in a Member State or in Member States. It shall be shared only within the Union.;
2021/06/10
Committee: LIBE
Amendment 363 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 4 a new
4 a. All processing of personal data under this Article shall in all cases be compliant with the general principles and obligations laid down in Chapter IX of Regulation 2018/1725.
2021/06/10
Committee: LIBE
Amendment 364 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2016/794
Article 20 – paragraph 2a
2a. In the framework of conducting dedicated operational analysis projects as referred to in Article 18(3), Member States may determine information to be made directly accessible by Europol to selected other Member States for the purpose of enhanced collaboration in specific investigations, without prejudice to any restrictions of Article 19(2). Any processing of personal data by Member States in joint operational analysis shall take place in accordance with the rules and safeguards set out in this Regulation;
2021/06/10
Committee: LIBE
Amendment 374 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) 2016/794
Article 23 – paragraph 7
(9 a) In Article 23, paragraph 7 is replaced by: 7. Onward transfers of personal data held by Europol by Member States, Union bodies, third countries, international organisations and private parties shall be prohibited, unless Europol has given its prior explicit authorisation.
2021/06/10
Committee: LIBE
Amendment 375 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/794
Article 24 – paragraph 1
1. Subject to any further restrictions pursuant to this Regulation, in particular pursuant to Article 19(2) and (3) and without prejudice to Article 67, Europol shall only transmit operational personal data to another Union institution, body, office or agency if the data are necessary and proportionate for the legitimate performance of tasks of the other Union institution, body, office or agency, in accordance with Union law to achieve the purposes set out in the legal act establishing the Union body, office or agency.
2021/06/10
Committee: LIBE
Amendment 382 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a
Regulation (EU) 2016/794
Article 25 – paragraph 5
By way of derogation from paragraph 1, the Executive Director may exceptionally authorise the transfer or categories of transfers of personal data related to a specific ongoing criminal investigation to third countries or international organisations on a case-by- case basis if the transfer is, or the related transfers are:;
2021/06/10
Committee: LIBE
Amendment 385 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a a (new)
Regulation (EU) 2016/794
Article 25 – paragraph 7
(a a) Paragraph 7 is replaced by the following: The Executive Director shall as soon as possible inform the Management Board and the EDPS of the cases in which paragraph 5 has been applied. The JPSG shall have access to this information.
2021/06/10
Committee: LIBE
Amendment 397 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c
Regulation (EU) 2016/794
Article 26 – paragraph 5
5. Europol may transmit or transfer personal data to private parties on a case- by-case basis, where it is strictly necessary, after it has informed the EDPS and subject to any possible restrictions stipulated pursuant to Article 19(2) or (3) and without prejudice to Article 67, in the following cases:
2021/06/10
Committee: LIBE
Amendment 404 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c
Regulation (EU) 2016/794
Article 26 – paragraph 5 (new)
5 a. Transmissions or transfers shall not be systematic, massive or structural.
2021/06/10
Committee: LIBE
Amendment 419 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point d
Regulation (EU) 2016/794
Article 26 – paragraph 6a – subparagraph 1
6a. Europol may request Member States, via their national units, via a reasoned request which should be as targeted as possible, to obtain personal data from private parties, which are established or have a legal representative in their territory, under their applicable laws, for the purpose of sharing it with Europol, on the condition that the requested personal data is the least sensitive and strictly limited to what is necessary for Europol with a view to identifying the national units concerned.
2021/06/10
Committee: LIBE
Amendment 421 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point d
Regulation (EU) 2016/794
Article 26 – paragraph 6a – subparagraph 2
Irrespective of their jurisdiction over the specific crime in relation to which Europol seeks to identify the national units concerned, Member States shall ensure that their competent national authorities can lawfully process such requests in accordance with their national laws, including appropriate judicial supervision and access to an effective remedy, for the purpose of supplying Europol with the information necessary for it to fulfil its objectives.
2021/06/10
Committee: LIBE
Amendment 455 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 1 – point b
(b) (b) the Management Board and the EDPS shall be informed prior to the launch ofregularly updated during the project; (c) any personal data to be processed in the context of the project shall be temporarily copied to a separate, isolated and protected data processing environment within Europol for the sole purpose of carrying out that project and only authorised staff of Europol shall have access to that data;
2021/06/10
Committee: LIBE
Amendment 465 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph –point f
(f) (g) the logs of the processing of personal data in the context of the project shall be kept for the duration of the project and 1 year after the project is concluded, solely for the purpose of and only as long as necessary for verifying the accuracy of the outcome of the data processing, and to allow the EDPS to conduct supervision and audits. The JPSG shall have access to the logs.
2021/06/10
Committee: LIBE
Amendment 468 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 2
2. Europol shall keep a complete and detailed description of the process and rationale behind the training, testing and validation of algorithms to ensure transparency and for verification of the accuracy of the results, including all elements listed in paragraph 1(a) of this Article, which shall be made available in its entirety to the EDPS and the JPSG right after launching the project.;
2021/06/10
Committee: LIBE
Amendment 470 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 2a new
2 a. After the project is finished, the full description of the project including all elements listed in paragraph 1 of this Article shall be made publicly available, without prejudice to Regulation (EC) 2001/1049.
2021/06/10
Committee: LIBE
Amendment 517 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a
Regulation (EU) 2016/794
Article 51 – paragraph 3 – point f
(-f) Annual information about the number of cases in which Europol has transferred personal data to an authority of a third country or to an international organisation, per legal basis laid down in Article 25 paragraph 1, and on the number of cases in which the Executive Director authorised the transfer or categories of transfers of personal data related to a specific ongoing criminal investigation to third countries or international organisations, by derogation of Article 25 paragraph 1, including specific cases ;
2021/06/10
Committee: LIBE
Amendment 519 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a
Regulation (EU) 2016/794
Article 51 – paragraph 3 – point (f)
(f) annual information about the number of cases in which Europol issued follow-up requests to private parties or own-initiative requests to Member States of establishment for the transmission of personal data in accordance with Article 26, including specific examples of cases demonstrating why these requests were necessary and proportionate for Europol to fulfil its objectives and tasks;
2021/06/10
Committee: LIBE
Amendment 523 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a
Regulation (EU) 2016/794
Article 51 – paragraph 3 – point g
(g) annual information about the number of cases where it was necessary for Europol to process personal data outside the categories of data subjects listed in Annex II in order to support Member States in a specific criminal investigation in accordance with Article 18a, including examples of such cases demonstrating why this data processing was necessary and proportionate;
2021/06/10
Committee: LIBE
Amendment 526 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a
Regulation (EU) 2016/794
Article 51 – paragraph 3 – point h
(h) annual information about the number of cases in which Europol issued alerts in the Schengen Information System in accordance with Article 4(1)(r), and the number of ‘hits’, investigations and convictions these alerts generated, including specific examples of cases demonstrating why these alerts were necessary for Europol to fulfil its objectives and tasks;
2021/06/10
Committee: LIBE
Amendment 531 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794
(i) annual information about the number of pilot projects in which Europol processed personal data to train, test and validate algorithms for the development of tools, including AI-based tools, for law enforcement in accordance with Article 33a, including all information on the purposes of these projects and the law enforcement needs they seek to addresselements listed in Article 33a paragraph 1.;
2021/06/10
Committee: LIBE
Amendment 536 #

2020/0349(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a a (new)
Regulation (EU) 2016/794
Article 51 – paragraphs 5 and 6 (a a) (new)
(a a) Paragraph 5 is replaced by: 5.The JPSG may draw up summary conclusions on the political monitoring of Europol's activities and issue recommendations, and submit these conclusions and recommendations to the European Parliament and national parliaments.The European Parliament shall forward them to the Council, the Commission and Europol. Paragraph 6 is added: 6. Without undue delay, Europol and the Commission shall react to the recommendations issued by the JPSG, and provide reasons in case it does not take over the recommendations.
2021/06/10
Committee: LIBE
Amendment 389 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 1 – introductory part
1. With a view to improving working and living conditions in the Union, this Directive establishes a framework for the promotion of:
2021/05/18
Committee: EMPL
Amendment 409 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 1 – point b
(b) access of workers to minimum wage protection, in the form of wages set out byby promoting access to collective agreementsbargaining or in the form of a statutory minimum wage in Member States where it exists.
2021/05/18
Committee: EMPL
Amendment 421 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 3
3. Nothing in this Directive shall be construed as imposing an obligation on the Member States where wage setting is ensured exclusivemainly via collective agreements to introduce a statutory minimum wage nor to make the collective agreements universally applicable or affect the contractual freedom of the social partners to negotiate, monitor and set wages through collective agreements. This Directive does not oblige Member States to grant access to minimum wage protection to all workers, nor shall it create any obligation on the Member States as regards the level or conditions for the setting of wages.
2021/05/18
Committee: EMPL
Amendment 445 #

2020/0310(COD)

Proposal for a directive
Article 3 – paragraph 1 – introductory part
For the purposes of this Directive, the following definitions apply while respecting Member States national law and legal labour market practice:
2021/05/18
Committee: EMPL
Amendment 455 #

2020/0310(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 3
(3) ‘collective bargaining’ means all negotiations which take place in accordance to Member States national law and legal labour market practice: between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or more workers’ organisations, on the other, for determining working conditions and terms of employment; and/or regulating relations between employers and workers; and/or regulating relations between employers or their organisations and a worker organisation or worker organisations;
2021/05/18
Committee: EMPL
Amendment 573 #

2020/0310(COD)

Proposal for a directive
Article 5 – paragraph 2 – introductory part
2. The national criteria referred to in paragraph 1 shall include at least the following elementwhose relevance and relative weight shall be decided by Member States in accordance with their prevailing national socio-economic conditions:
2021/05/18
Committee: EMPL
Amendment 755 #

2020/0310(COD)

Proposal for a directive
Article 9 – paragraph 1
In accordance with Directive 2014/24/EU, Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take appropriate measures to ensure that in the performance of public procurement or concession contracts economic operators comply with the wages set out by collective agreements for the relevant sector and geographical area and with the statutory minimum wages where they exist.deleted
2021/05/18
Committee: EMPL
Amendment 863 #

2020/0310(COD)

Proposal for a directive
Article 11 – paragraph 1
1. Member States shall ensure that, without prejudice to specific forms of redress and dispute resolution provided for, where applicable, in collective agreements, workers, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rightsexisting national law or collective agreements provide for relating to statutory minimum wages or minimum wage protection provided by collective agreements and such rights have been infringed.
2021/05/18
Committee: EMPL
Amendment 880 #

2020/0310(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Member States shall take the measures necessary to protect workers, including those who are workers’ representatives, from any adverse treatment by the employer and from any adverse consequences resulting from a complaint lodged with the employer or resulting from any proceedings initiated with the aim of enforcing compliance with the rights relating to statutory minimum wages or minimum wage protection provided by collective agreements.provided for in existing national law or collective agreements relating to minimum wage protection
2021/05/18
Committee: EMPL
Amendment 907 #

2020/0310(COD)

Proposal for a directive
Article 16 – paragraph 2
2. TMember States where wage setting is ensured mainly via collective agreements shall be derogated from this Directive; while this Directive shall not affect Member States prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements which are more favourable to workers.
2021/05/18
Committee: EMPL
Amendment 171 #

2020/0279(COD)

Proposal for a regulation
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2)(e) and Article 79(2)(a)(b) and (c) thereof, and Article 80,
2021/12/09
Committee: LIBE
Amendment 174 #

2020/0279(COD)

Proposal for a regulation
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and management of the external borders of the Union, based on solidarity and fair sharing of responsibility between Member States, which is fair towards third- country nationals.
2021/12/09
Committee: LIBE
Amendment 186 #

2020/0279(COD)

Proposal for a regulation
Recital 2
(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration management and towards relations with relevant third countries, recognising that the effectiveness of such an approach depends on all components being jointly addressed and, in an integrated manner, and properly implemented.
2021/12/09
Committee: LIBE
Amendment 200 #

2020/0279(COD)

Proposal for a regulation
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member Statesand dignified treatment of applicants for international protection or of third-country nationals residing legally or those subject to a return decision, and the respect of their human rights in every Member States, the fair and efficient return of third-country nationals who do not fulfil the conditions for residence in the territory of the Member States, and the prevention of, and enhanced measures to combat, illegal migration and, migrant smuggling and human trafficking.
2021/12/09
Committee: LIBE
Amendment 221 #

2020/0279(COD)

Proposal for a regulation
Recital 6
(6) In order to reflect the whole of government approach and ensure coherence and effectiveness of the actions and measures taken by the Union and its Member States acting within their respective competencies, there is a need for integrated policy-making in the field of asylum and migration management, including both its internal and external components, which is part of the comprehensive approach. Such integrated policy-making approach is an essential part of a well-functioning Schengen area.
2021/12/09
Committee: LIBE
Amendment 223 #

2020/0279(COD)

Proposal for a regulation
Recital 7
(7) Member States should have sufficient human and financial resources and infrastructure to effectively implement asylum and migration management policies and should be able to adapt their resources to the variation of migratory flows. Member States should allocate adequate staff for their competent authorities, in terms of level, expertise, training and independence. They should also ensure appropriate coordination between the relevant national authorities as well as with the national authorities of the other Member States, in particular thanks to common and secured communication channels as well as regular meetings.
2021/12/09
Committee: LIBE
Amendment 235 #

2020/0279(COD)

Proposal for a regulation
Recital 8
(8) Taking a strategic approach, the Commission should adopt a European Asylum and Migration Management Strategy on the implementation of asylum and migration management policies. The Strategy should be based on relevant reports and analyses produced by Union agencies, bodies and offices and on the national strategies of the Member States.
2021/12/09
Committee: LIBE
Amendment 238 #

2020/0279(COD)

Proposal for a regulation
Recital 9
(9) National strategies of the Member States should include information on contingency planning and on the implementation of the principles of integrated policy-making and of solidarity and fair sharing of responsibility of this Regulation and legal obligations stemming therefrom at national level. To this end, the duties of the Member States in respect of their competences should be clearly defined.
2021/12/09
Committee: LIBE
Amendment 245 #

2020/0279(COD)

Proposal for a regulation
Recital 11
(11) Bearing in mind the importance of ensuring that the Union is prepared and able to adjust to the developing and evolving realities of asylum and migration management, the Commission should annually adopt a Migration Management Report setting out the likely evolution of the migratory situation and the preparedness of the Union and the Member States to respond and adapt to it, ensuring their engagement and participation in solidarity and responsibility sharing. The Report should also include the results of the reporting on monitoring foreseen in the national strategies and should propose improvements where weaknesses are apparent. Such results should be used by the Commission to propose concrete projections and make them immediately applicable for the year ahead, and Members States should make the necessary corrections and adapt to the results of the said report in the incoming year.
2021/12/09
Committee: LIBE
Amendment 276 #

2020/0279(COD)

Proposal for a regulation
Recital 14
(14) An effective return policy is an essential element of a well-functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should return. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy, while fully complying with fundamental rights and the principle of non-refoulement. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, the pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examining those applications as well as contributing to effective access to international protection for those in need and the quality of asylum and return decisions.
2021/12/09
Committee: LIBE
Amendment 283 #

2020/0279(COD)

Proposal for a regulation
Recital 15
(15) TIt is necessary to strengthen cooperation with third countries on asylum, migration and border management, including in the area of return and readmission of illegally staying third- country nationals, it is necessary to develop a new mechanism, includ. Therefore, the Union and the Member States should develop a new mechanism of cooperation, including by setting out tailored-made and mutually beneficial partnerships with third-countries, comprising all relevant EU policies and tools, to improve the coordination of the different actions in various policy areas other than migration that the Union and the Member States may take for that purpose. Such partnerships should provide a framework for better coordination of policies with third countries and create a win-win situation for both partners, and be based on human rights, rule of law and the respect of the Union’s common values. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of the Council38 or of any other information available, and take into account the Union’s overall relations with the third country. That mechanism should also serve to support the implementation of return sponsorship. _________________ 38Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1.
2021/12/09
Committee: LIBE
Amendment 299 #

2020/0279(COD)

Proposal for a regulation
Recital 16
(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a solidarity mechanism should be established which is effective and ensures that applicants have swift access to the procedures for granting international protection. Such a mechanism should provide for different types of solidarity measures and should be flexible and predictable, and able to adapt quickly to the evolving nature of the migratory challenges facing a Member State.
2021/12/09
Committee: LIBE
Amendment 320 #

2020/0279(COD)

Proposal for a regulation
Recital 18
(18) Given the specific characteristics of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specific process applicable to people disembarked following those operations, especially taking into account the vulnerability of those persons, irrespective of whether there is a situation of migratory pressure.
2021/12/09
Committee: LIBE
Amendment 333 #

2020/0279(COD)

Proposal for a regulation
Recital 19
(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration Management Report should set out the short-term projections of disembarkations anticipated for such operations and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation. The Commission should adopt an implementing act establishing a pool of solidarity measures (‘the solidarity pool for SAR operations’) with the aim of assisting the Member State of disembarkation to address the challenges of such disembarkations. Such measures should comprise applicants for international protection that are not in the border procedure or measures in the field of strengthening of capacity in the field of asylum, reception and return, or operational support, or measures in the external dimension.
2021/12/09
Committee: LIBE
Amendment 364 #

2020/0279(COD)

Proposal for a regulation
Recital 22
(22) The overall contribution of each Member State to the solidarity pool for SAR operations should be determined through indications by Member States of the measures by which they wish to contribute. Where Member States contributions are insufficient to provide for a sustainable solidarity response the Commission should be empowered to adopt an implementing act setting out the total number of third- country nationals to be covered by relocation and the share of this number for each Member State calculated according to a distribution key based on the population and the GDP of each Member State. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall of greater than 30% of the total number of relocations identified in the Migration Management Report, the Commission should be able to adjust the contributions of these Member States which should then contribute half of their share identified according to the distribution key either by way or relocation, or when so indicated, through return sponsorship.
2021/12/09
Committee: LIBE
Amendment 386 #

2020/0279(COD)

Proposal for a regulation
Recital 24 b (new)
(24b) Where the Migration Management Report identifies needs in a Member State under migratory pressure in the field of capacity measures in asylum, reception and return or in the external dimension, contributing Member States should be able to contribute to these needs instead of relocation or return sponsorship. In order to ensure that such contributions are in proportion to the share of the contributing Member State the Commission should be able to increase or decrease such contributions in the implementing act. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall greater than 30% of the required number of persons to be relocated or subject to return sponsorship, the Commission should be able to adjust the contributions of these Member States in order to ensure that they contribute half of their share to relocation or return sponsorship.
2021/12/09
Committee: LIBE
Amendment 396 #

2020/0279(COD)

Proposal for a regulation
Recital 25
(25) WhenOn its own initiative or on a request from a Member State, the Commission should assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative assessment, should taketaking account of a broad range of factors, including the number of asylum applicants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countries. The solidarity response should be designed on a case-by- case basis in order to be tailor-made to the needs of the Member State in question.
2021/12/09
Committee: LIBE
Amendment 419 #

2020/0279(COD)

Proposal for a regulation
Recital 27
(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States mayshould recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part ofbe in line and complementary with the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
2021/12/09
Committee: LIBE
Amendment 427 #

2020/0279(COD)

Proposal for a regulation
Recital 28
(28) Member States should notify the type of solidarity contributions that they will take through the completion of a solidarity response plan. Where Member States are themselves benefitting Member States they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory burden in previous years, due to a high number of applications for international protection it should be possible for a Member State to request a reduction of its share of the solidarity contribution to Member States under migratory pressure where such contribution consists of relocation or return sponsorship. That reduction should be shared proportionately among the other Member States taking such measures.deleted
2021/12/09
Committee: LIBE
Amendment 440 #

2020/0279(COD)

Proposal for a regulation
Recital 29
(29) Where the Migration Management Report identifies needs in a Member State under migratory pressure in the field of capacity measures in asylum, reception and return or in the external dimension, contributing Member States should be able to make contributions to these needs instead of relocation or return sponsorship. In order to ensure that such contributions are in proportion to the share of the contributing Member State the Commission should be able to increase or decrease of such contributions in the implementing act. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall greater than 30% of the required number of persons to be relocated or subject to return sponsorship, the Commission should be able to adjust the contributions of these Member States in order to ensure that they contribute half of their share to relocation or return sponsorship.deleted
2021/12/09
Committee: LIBE
Amendment 472 #

2020/0279(COD)

Proposal for a regulation
Recital 32
(32) A Member State should be able to take, at its own initiative or at the request of another Member State, other solidarity measures on a voluntary basis to assist that Member State in addressing the migratory situation or to prevent migratory pressure. Those contributions should include measures aimed at strengthening the capacity of the Member State under pressure or at responding to migratory trends through cooperation with third countries. In addition, such solidarity measures should include relocation of third-country nationals that are in the border procedure, as long as it does not frustrate the objective of a fair and efficient procedure pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation], as well as illegally staying third-country nationals. In order to incentivise voluntary solidarity, where Member States make voluntary contributions in the form of relocation or return sponsorship, those contributions should be taken into account in the implementing act provided for in respect of situations of migratory pressure.
2021/12/09
Committee: LIBE
Amendment 496 #

2020/0279(COD)

Proposal for a regulation
Recital 35
(35) This Regulation should be based on the principles underlying Regulation (EU) No 604/2013 of the European Parliament and of the Council41 while developing the principle of solidarity and fair sharing of responsibility as part of the common framework. To that end, a new solidarity mechanism should enable a strengthened preparedness of Member States to manage migration, to address situations where Member States are faced with migratory pressure and to facilitate regular solidarity support among Member States. The effective implementation of such solidarity contributions is a key prerequisite to the functioning of the whole CEAS. _________________ 41Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, OJ L 180, 29.6.2013, p. 31.
2021/12/09
Committee: LIBE
Amendment 559 #

2020/0279(COD)

Proposal for a regulation
Recital 46
(46) The processing together of the applications for international protection of the members of one family by a single Member State should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated. This should be without prejudice to the right of an applicant to lodge an application individually.
2021/12/09
Committee: LIBE
Amendment 576 #

2020/0279(COD)

Proposal for a regulation
Recital 48
(48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage unauthorised movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor’s application for international protection was first registered is present, unless it is demonstrated that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representativesguardian tasked with safeguarding respect for all the rights to which they are entitled before the arrival of the unaccompanied minor. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications and, expertise and independence.
2021/12/09
Committee: LIBE
Amendment 585 #

2020/0279(COD)

Proposal for a regulation
Recital 49
(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for international protection. The competent authorities from the Member States should cooperate closely during the process of determination to assess quickly whether family ties exist.
2021/12/09
Committee: LIBE
Amendment 604 #

2020/0279(COD)

Proposal for a regulation
Recital 52
(52) Any Member State should be able to derogate from the responsibility criteria in particular on humanitarian and compassionate grounds, in order to bring together family members, relatives or any other family relations and examine an application for international protection registered with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation. Such measure should be considered as a solidarity contribution.
2021/12/09
Committee: LIBE
Amendment 617 #

2020/0279(COD)

Proposal for a regulation
Recital 53 a (new)
(53a) In order to ensure more convergence in the application of this Regulation, it is also necessary to define at the Union level the criteria for determining a risk of absconding in the context of a decision of transfer.
2021/12/09
Committee: LIBE
Amendment 629 #

2020/0279(COD)

Proposal for a regulation
Recital 55
(55) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection and for providing clear information on the procedure to the applicant, unless the applicant has absconded, has not attended the interview without justified reasons or the information provided by the applicant is sufficient for determining the Member State responsible. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation, the fact that the Member State responsible for examining his or her application for international protection is based on objective criteria, of his or her rights as well as of the obligations under this Regulation and of the consequences of not complying with them.
2021/12/09
Committee: LIBE
Amendment 635 #

2020/0279(COD)

Proposal for a regulation
Recital 56
(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon, or in the event an applicant is in possession of new and tangible elements or evidence, which the competent authorities did not assess.
2021/12/09
Committee: LIBE
Amendment 644 #

2020/0279(COD)

Proposal for a regulation
Recital 58
(58) In order to ensure the speedy determination of responsibility, the deadlines for making and replying to requests to take charge, for making take back notifications, as well as for making and deciding on appeals, should be streamlined and shortened, in particular as regards decisions based on a “Eurodac hit” or a “VIS hit” which constitute reliable pieces of evidence.
2021/12/09
Committee: LIBE
Amendment 647 #

2020/0279(COD)

Proposal for a regulation
Recital 58 a (new)
(58a) In order to improve significantly the implementation of transfer decisions, a new mechanism of financial penalty is set out to discourage any attitude of delaying or opposing to a transfer. Member States benefiting from solidarity contributions should not be sanctioned under this mechanism. Meanwhile, the cost of reception for the applicant should be paid back to the Member State where the applicant is present.
2021/12/09
Committee: LIBE
Amendment 652 #

2020/0279(COD)

Proposal for a regulation
Recital 59
(59) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulation. In order to avoid the deprivation of liberty where less stringent measures might be applicable according to that Regulation, Member States should make use of other alternatives to detention. Such alternatives may be provided, in particular, for applicants with special reception needs, such as minors, families or other vulnerable persons.
2021/12/09
Committee: LIBE
Amendment 668 #

2020/0279(COD)

Proposal for a regulation
Recital 62
(62) In order to ensure a clear and efficient relocation procedure, specific binding rules for a benefitting and a contributing Member State should be set out. The rules and safeguards relating to transfers set out in this Regulation should apply to transfers for the purpose of relocation except where they are not relevant for such a procedure.
2021/12/09
Committee: LIBE
Amendment 673 #

2020/0279(COD)

Proposal for a regulation
Recital 63
(63) To support Member States who undertake relocation as a solidarity measure, strong financial support from the Union budget should be provided. In order to incentivise Member States to give priority to the relocation of unaccompanied minors a higher incentive contribution should be provided.
2021/12/09
Committee: LIBE
Amendment 686 #

2020/0279(COD)

Proposal for a regulation
Recital 66
(66) A network of competent Member State authorities should be set up and facilitated by the European Union Agency for Asylum to enhance practical cooperation and information sharing on all matters related to the application of this Regulation, including the development of practical tools and guidance. The network should organise regular meetings to enhance trust-building and common understanding of the challenges of the implementation of the CEAS in the different Member States.
2021/12/09
Committee: LIBE
Amendment 688 #

2020/0279(COD)

Proposal for a regulation
Recital 66 a (new)
(66a) A Common and secured electronic transmission and communication system should also be set-up to facilitate the cooperation and the exchange of information between the Member States.
2021/12/09
Committee: LIBE
Amendment 696 #

2020/0279(COD)

Proposal for a regulation
Recital 70
(70) Regulation (EU) 2016/679 of the European Parliament and of the Council47 applies to the processing of personal data by the Member States under this Regulation. Member States should implement appropriate technical and organisational measures to ensure and be able to demonstrate that processing is performed in accordance with that Regulation and the provisions specifying its requirements in this Regulation. In particular those measures should ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. The competent supervisory authority or authorities of each Member State should monitor the lawfulness of the processing of personal data by the authorities concerned, including of the transmission to the authorities competent for carrying out security checks. In particular, data subjects should be notified without undue delay when a security incident is likely to result in a high risk to their rights and freedoms. _________________ 47Regulation (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) (Text with EEA relevance), OJ L 119, 4.5.2016, p. 1.
2021/12/09
Committee: LIBE
Amendment 738 #

2020/0279(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) sets out a common framework for the management of asylum and migration in the Union and the proper implementation of the Common European Asylum System;
2021/12/09
Committee: LIBE
Amendment 755 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
(aa) ‘stateless person’ means a person who is not considered as a national by any State under the operation of its law;
2021/12/09
Committee: LIBE
Amendment 767 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been taken, or has been taken and is either subject to or can still be subject to a remedy in the Member State concerned, irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation], including aor a third-country national or a stateless person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration];
2021/12/09
Committee: LIBE
Amendment 792 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g – point ii
(ii) the minor or adult dependent children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
2021/12/09
Committee: LIBE
Amendment 794 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g – point iii
(iii) where the applicant is a minor and unmarrieor an adult dependent child, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
2021/12/09
Committee: LIBE
Amendment 800 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g – point iv
(iv) where the beneficiary of international protection is a minor and unmarrieor an adult dependent child, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present,
2021/12/09
Committee: LIBE
Amendment 811 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g – point v a (new)
(va) As a derogation to points (ii), (ii) and (iv), where the minor is married, the adult spouse constitutes a member of family provided that the marriage is in accordance with the relevant national law had it been contracted in the Member State concerned, in particular having regard to the legal age of marriage.
2021/12/09
Committee: LIBE
Amendment 817 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point i
(i) ‘minor’ means a third-country national or a stateless person below the age of 18 years. This is to be assessed, where applicable, at the time his or her application for international protection is made;
2021/12/09
Committee: LIBE
Amendment 825 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point k
(k) ‘representativeguardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensursafeguarding the best interests of the child, and his or her well-being, and exercising legal capacity for the minor where necessary, as defined in Article 4(2)(f) of Regulation (EU) XXX/XXX [Asylum Procedure Regulation];
2021/12/09
Committee: LIBE
Amendment 834 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point n
(n) ‘diploma or qualification’ means a diploma or qualification which is obtained after at least a threefour months’ period of study achieved on the territory of a Member State in a recognised, state or regional programme of education or vocational training at least equivalent to level 21 of the International Standard Classification of Education, operated by an education establishment in accordance with national law or administrative practice of the Member States;
2021/12/09
Committee: LIBE
Amendment 839 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point p
(p) ‘absconding’ means the action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by leaving the territory of the Member State without authorisation from the competent authorities or by failing to appear when summoned by the competent authorities, for reasons which are not beyond the applicant’s control;
2021/12/09
Committee: LIBE
Amendment 846 #

2020/0279(COD)

(q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria defined by national lawand common criteria, clearly defined, to believe that an applicant who is subject to a transfer procedure may abscond. Such criteria shall be defined pursuant to the procedure in Article 2a;
2021/12/09
Committee: LIBE
Amendment 864 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point t a (new)
(ta) ‘transfer’ means the action and practical arrangements to complete a decision of take charge or take back from the Member State where an applicant is present to the Member State responsible according to Article 26 of this Regulation.;
2021/12/09
Committee: LIBE
Amendment 881 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point w
(w) ‘migratory pressure’ means a situation where there is a largecertain number of arrivals of third-country nationals or stateless persons, or a risk of such arrivals, including where this stems from arrivals following search and rescue operations, as a result of the geographical location of a Member State and the specific developments in third countries which generate migratory movements that place a burden even on well-prepared asylum and reception systems and requires immediate action and which causes the Member State concerned not to be able to fulfil its legal obligations under the Common European Asylum System;
2021/12/09
Committee: LIBE
Amendment 891 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point y a (new)
(ya) ‘reception conditions’ means the reception conditions, as defined in Article 2(6) of Directive (EU) XXX/XXX [Reception Conditions Directive];
2021/12/09
Committee: LIBE
Amendment 901 #

2020/0279(COD)

Proposal for a regulation
Article 3 – title
Comprehensive approach and integrated policy-making to asylum and migration management
2021/12/09
Committee: LIBE
Amendment 905 #

2020/0279(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. The Union and the Member States shall take actions in the field of asylum and migration management on the basis of a comprehensive approach. That comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration management and as well as a principle of integrated policy-making, in order to address the entirety of the migratory routes of third-country nationals and to ensure coherence of asylum and migration management policies, including both the internal and external component. 2. This approach shall consist of the following components:
2021/12/09
Committee: LIBE
Amendment 938 #

2020/0279(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point d
(d) effective management and prevention of irregular migration within and outside the EU;
2021/12/09
Committee: LIBE
Amendment 941 #

2020/0279(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
(da) effective actions for preventing and combatting migrant smuggling and human trafficking within and outside the EU;
2021/12/09
Committee: LIBE
Amendment 972 #

2020/0279(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point i
(i) access for applicants to adequate reception conditions, in particular for minors and applicant with specific needs;
2021/12/09
Committee: LIBE
Amendment 999 #

2020/0279(COD)

Proposal for a regulation
Article 4
Principle of integrated policy-making 1. shall ensure coherence of asylum and migration management policies, including both the internal and external components of those policies. 2. acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies. 3. Union Agencies, shall ensure that they have the capacity to effectively implement asylum and migration management policies, taking into account the comprehensive approach referred to in Article 3, including the necessary human and financial resources and infrastructure.Article 4 deleted The Union and Member States The Union and Member States Member States, with the support of
2021/12/09
Committee: LIBE
Amendment 1025 #

2020/0279(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part
1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility referred to in Article 80 TFEU and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies. Member States shall:
2021/12/09
Committee: LIBE
Amendment 1029 #

2020/0279(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) establish and maintain national asylum and migration management systems that provide access to international protection procedures, grant such protection to those who are in need and ensure the return of those who are illegally staying;deleted
2021/12/09
Committee: LIBE
Amendment 1041 #

2020/0279(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling;deleted
2021/12/09
Committee: LIBE
Amendment 1058 #

2020/0279(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) apply correctly and expeditiously the rules on the determination of the Member State responsible for examining an application for international protection and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I-VI of Part III;deleted
2021/12/09
Committee: LIBE
Amendment 1062 #

2020/0279(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) provide support to other Member States in the form of solidarity contributions on the basis of needs set out in Chapters I-III of Part IV;deleted
2021/12/09
Committee: LIBE
Amendment 1069 #

2020/0279(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) take all reasonable and proportionate measures to prevent and correct unauthorised movements between Member States.deleted
2021/12/09
Committee: LIBE
Amendment 1080 #

2020/0279(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. Financial and operational support by the Union for the implementation of the obligations shall be provided in accordance with the Regulation (EU) XXX/XXX [Asylum2021/1147 [Asylum, Migration and MiIntegration Fund] and Regulation (EU) XXX/XXX2021/1148 [Integrated Border Management Fund].
2021/12/09
Committee: LIBE
Amendment 1081 #

2020/0279(COD)

Proposal for a regulation
Article 5 a (new)
Article 5a Duties of the Member States and the Union offices, bodies and agencies The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies. Member States, with the support of Union Agencies, shall ensure that they have the capacity to effectively implement asylum and migration management policies, taking into account the comprehensive approach referred to in Article 3, including the necessary human and financial resources and infrastructure. In particular, Member States shall: (a) establish and maintain national asylum and migration management systems that provide access to international protection procedures, grant such protection to those who are in need and ensure the return of those who are illegally staying; (b) take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling and human trafficking; (c) apply correctly and expeditiously the rules on the determination of the Member State responsible for examining an application for international protection and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I-VI of Part III; (d) provide support to other Member States in the form of solidarity contributions on the basis of needs set out in Chapters I-III of Part IV; (e) take all reasonable and proportionate measures to prevent and correct unauthorised movements between Member States.
2021/12/09
Committee: LIBE
Amendment 1107 #

2020/0279(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point c
(c) relevant reports and analyses from Union agencies and the External Action Service;
2021/12/09
Committee: LIBE
Amendment 1121 #

2020/0279(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. Member States shall have national strategies in place to ensure sufficient capacity for the implementation of an effective asylum and migration management system in accordance with the principles set out in this Part. Those strategies shall include contingency planning at national level, taking into account the contingency planning pursuant to Regulation (EU) XXX/XXX [European Union Asylum Agency], Regulation (EU) 2019/189656 (European Border and Coast Guard Agency) and Directive XXX/XXX/EU [Reception Conditions Directive] and the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint. Such national strategies shall include information on how the Member State is implementing the principles set out in this Part and legal obligations stemming therefrom at national level. They shall take into account other relevant strategies and existing support measures notably under Regulation (EU) XXX/XXX [Asylum2021/1147 [Asylum, Migration and MiIntegration Fund] and Regulation (EU) XXX/XXX [European Union Asylum Agency] and be coherent with and complementary to the national strategies for integrated border management established in accordance with Article 8(6) of Regulation (EU) 2019/1896. The results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, of the evaluation carried out in accordance with Council Regulation No 1053/2013 as well as those carried out in line with Article 7 of Regulation (EU) XXX/XXX [Screening Regulation], should also be taken into account in these strategies. _________________ 56Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019, p. 1.
2021/12/09
Committee: LIBE
Amendment 1143 #

2020/0279(COD)

Proposal for a regulation
Article 7 – title
Cooperation with third countries to facilitate return and readmissionon asylum, migration and border management
2021/12/09
Committee: LIBE
Amendment 1146 #

2020/0279(COD)

Proposal for a regulation
Article 7 – paragraph -1 (new)
-1. In accordance with Article 3(2)(a), the Commission, in cooperation with the Member States as well as Union bodies, offices and agencies, shall build tailor- made and mutually beneficial partnerships with relevant third-countries in view of better achieving the Union’s objectives in the field of asylum and migration. Such partnerships shall provide a framework for better coordination of policies with third-countries and create a win-win situation for both partners, and be based on human rights, rule of law and on the respect of the Union’s common values. They shall primarily be based on a ‘more for more’ approach, whereby more cooperation from the side of a third- country should result in more support from the Union in various policy areas. This may include cooperation on capacity-building for the reception of refugees, visa policies, development assistance, return and readmission agreements, border management, fighting human trafficking and smuggling networks, protection of human rights, especially the rights of the child.
2021/12/09
Committee: LIBE
Amendment 1149 #

2020/0279(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Where the Commission, on the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall engage a high level dialogue with that third-country and the Member States to find common and fair solutions for a better functioning of the partnership. If the high-level dialogue does not generate sufficient improvements, the Commission shall submit a report to the Council including, where appropriate, the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission, taking into account the Union’s overall relations with the third country. _________________ 57Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas, OJ L 243, 15.9.2009, p. 1.
2021/12/09
Committee: LIBE
Amendment 1168 #

2020/0279(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. The Commission shall keep the European Parliament regularly informed of the implementation of this ArticleOn an annual basis, the Commission shall evaluate the efficiency of the partnerships referred to in the first paragraph, as well as the implementation of this Article, and report to the European Parliament and the Council.
2021/12/09
Committee: LIBE
Amendment 1177 #

2020/0279(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State at a time, which shall be the one which the criteria set out in Chapter II of Part III indicate is responsible.
2021/12/09
Committee: LIBE
Amendment 1187 #

2020/0279(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was registered shall be responsible for examining it, unless Article 25 applies.
2021/12/09
Committee: LIBE
Amendment 1202 #

2020/0279(COD)

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Where a Member State cannot carry out the transfer pursuant to the first subparagraph to anyand cannot establish whether another Member State can be designated on the basis of the criteria set out in Chapter II of Part III or to the first Member State with which the application was registered, that Member State shall become the Member State responsible.
2021/12/09
Committee: LIBE
Amendment 1213 #

2020/0279(COD)

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Where the security check carried out in accordance with Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] or in accordance with the first and second subparagraphs of this paragraph shows that there are reasonable grounds to consider the applicant a danger to national security or public order of the Member State carrying out the security check, that Member State shall be the Member State responsible and shall carry out a border procedure, in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation].
2021/12/09
Committee: LIBE
Amendment 1225 #

2020/0279(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Where a third-country national or stateless person intends to make an application for international protection, the application shall be made and registered in the Member State of first entry or the Member State in which that third-country national is legally present.
2021/12/09
Committee: LIBE
Amendment 1235 #

2020/0279(COD)

Proposal for a regulation
Article 9 – paragraph 2 – introductory part
2. By derogation from paragraph 1, where a third-country national or stateless person is in possession of a valid residence permit or a valid visaisa, either valid or which has expired, the application shall be made and registered in the Member State that issued the residence permit or visa.
2021/12/09
Committee: LIBE
Amendment 1237 #

2020/0279(COD)

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Where a third-country national or stateless person who intends to make an application for international protection is in possession of a residence permit or visa which has expired, the application shall be made and registered in the Member State where he or she is present.deleted
2021/12/09
Committee: LIBE
Amendment 1249 #

2020/0279(COD)

Proposal for a regulation
Article 9 – paragraph 4 – introductory part
4. The applicant shall be required to be present and to remain available to the competent administrative or judicial authorities in:
2021/12/09
Committee: LIBE
Amendment 1255 #

2020/0279(COD)

Proposal for a regulation
Article 10 – title
Consequences of non-compliance for the applicant
2021/12/09
Committee: LIBE
Amendment 1261 #

2020/0279(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The applicant shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive in any Member State other than the one in which he or she is required to be present pursuant to Article 9(4) of this Regulation, including from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible, provided that the applicant has been duly informed of that consequence pursuant to Article 8(2), point (b) of Regulation (EU) XXX/XXX [Screening Regulation]. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter of Fundamental Rights of the European Union, and international obligations.
2021/12/09
Committee: LIBE
Amendment 1265 #

2020/0279(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Elements and information relevant for determining the Member State responsible submitted after expiry of the time limit referred to in Article 9(3) shall not be taken into account by the competent authorities, unless the elements or information are of such nature that it provides a key and reliable evidence for determining the Member State responsible.
2021/12/09
Committee: LIBE
Amendment 1277 #

2020/0279(COD)

Proposal for a regulation
Article 11 – paragraph 1 – introductory part
1. As soon as possible and at the latest when an application for international protection is registered in a Member State, its competent authorities shall inform the applicant as set out in Article 27 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation], the competent authorities shall inform in a language the applicant understands, of the application of this Regulation and of the obligations set out in Article 9 as well as the consequences of non-compliance set out in Article 10, and in particular:
2021/12/09
Committee: LIBE
Amendment 1286 #

2020/0279(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point b
(b) of the objectives of this Regulation and of the consequences of making another application in a different Member State as well as not cooperating withe consequences of leaving the Member State where he or she is required to be present pursuant to Article 9(4), in particular that the applicant shall only be entitled to the reception conditions as set out in Article 10(1)mpetent authorities or not showing up at a notification from the competent authorities;
2021/12/09
Committee: LIBE
Amendment 1290 #

2020/0279(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point b a (new)
(ba) of the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is required to be present pursuant to Article 9(4), in particular that the applicant shall only be entitled to the reception conditions as set out in Article 10(1);
2021/12/09
Committee: LIBE
Amendment 1291 #

2020/0279(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point c
(c) of the criteria and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration, in particular of the provisions relating to family reunification and, in that regard, of the applicable definition of family members and relatives;
2021/12/09
Committee: LIBE
Amendment 1301 #

2020/0279(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point e
(e) of the obligation for the applicant to disclose, as soon as possible in the procedure any relevant information that could help to establish any prior residence permits, visas or educational diplomas;deleted
2021/12/09
Committee: LIBE
Amendment 1312 #

2020/0279(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point f
(f) of the possibility and arrangements to challenge a transfer decision within the time limit set out in Article 33(2) and of the fact that the scope of that challenge is limited as laid down in Article 33(1) as well as the existence of the right to an effective remedy before a court or tribunal;
2021/12/09
Committee: LIBE
Amendment 1326 #

2020/0279(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point k
(k) in the case of an unaccompanied minor, of the guarantees and rights he or she is entitled to, including those specified in Articles 13 and 15 of the present Regulation, in particular the role and responsibilities of the representativeguardian and of the procedure to file complaints against a representativeguardian in confidence and safety and in full respect of the child's right to be heard in this respect, or the obligation for the Member States to safeguard the best interest of the child in any circumstances;
2021/12/09
Committee: LIBE
Amendment 1342 #

2020/0279(COD)

Proposal for a regulation
Article 11 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose.
2021/12/09
Committee: LIBE
Amendment 1344 #

2020/0279(COD)

Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
WThere necessary for the applicant’s proper understand information shall also be supplied orally, where appropriate with the support of multimedia equipment. Oral information may also be given during, the information shall also be supplied orally, where appropriate in connection with the personal interview as referred to in Article 12personal interview as referred to in Article 12. The competent authorities shall make sure the applicant understands the information specified in paragraph 1 and has the opportunity to ask for questions or clarifications. When the applicant is a minor, information shall be provided in a child- friendly manner by appropriately trained staff and with the involvement of the guardian.
2021/12/09
Committee: LIBE
Amendment 1353 #

2020/0279(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. The Asylum Agency shall, in close cooperation with the responsible national agencuthorities, draw up common information and material, as well as a specific leaflet for unaccompanied minors or other vulnerable groups, containing at least the information referred to in paragraph 1. That common information material shall also include information regarding the application of Regulation (EU) XXX/XXX [Eurodac Regulation] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. The common information material shall be drawn up in such a manner as to enable Member States to complete it with additional Member State-specific information.
2021/12/09
Committee: LIBE
Amendment 1355 #

2020/0279(COD)

Proposal for a regulation
Article 11 – paragraph 3 a (new)
3a. The Asylum Agency shall make sure this common information material is clear and available online, in an open and easily accessible platform for applicants.
2021/12/09
Committee: LIBE
Amendment 1356 #

2020/0279(COD)

Proposal for a regulation
Article 11 – paragraph 3 b (new)
3b. The competent authorities of the Member States shall keep the applicants informed of the progress of the procedures carried out under this Regulation with regard to their application. The information shall be provided in writing at regular intervals. In the case of minors, the competent authorities shall, in accordance with the same arrangements, inform both the minor and the parent or guardian.
2021/12/09
Committee: LIBE
Amendment 1368 #

2020/0279(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point c
(c) after having received the information referred to in Article 11, the applicant has already provided the information relevant to determine the Member State responsible by other means. The Member State omitting the interview shall give the applicant the opportunity to present all further information which is relevant to correctly determine the Member State responsible within the period referred to in Article 29(1), including the opportunity for an interview.
2021/12/09
Committee: LIBE
Amendment 1370 #

2020/0279(COD)

Proposal for a regulation
Article 12 – paragraph 3
3. The personal interview shall take place in a timely manner and, in any event, before any decision on the Member State responsible is taken or a take charge request is made pursuant to Article 29.
2021/12/09
Committee: LIBE
Amendment 1380 #

2020/0279(COD)

Proposal for a regulation
Article 12 – paragraph 4
4. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. Interviews of unaccompanied minors shall be conducted in a child-friendly manner, by staff who are appropriately trained and qualified under national law, in the presence of the representativeguardian and, where applicable, the minor’s legal advisor. Where necessary, Member States shall have recourse to an interpreter, and where appropriate a cultural mediator, who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. The applicant may request to be interviewed and assisted by staff of the same sex.
2021/12/09
Committee: LIBE
Amendment 1388 #

2020/0279(COD)

Proposal for a regulation
Article 12 – paragraph 5
5. The personal interview shall take place under conditions which ensure appropriate confidentiality. It shall be conducted by a qualified person under national law. Applicants who are identified as being in need of specialfic procedural guarantees pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation], shall be provided with adequate support in order to create the conditions necessary for effectively presenting all elements allowing for the determination of the Member State responsible.
2021/12/09
Committee: LIBE
Amendment 1393 #

2020/0279(COD)

Proposal for a regulation
Article 12 – paragraph 6
6. The Member State conducting the personal interview shall make an audio recording of the interview and shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant or the legal advisor or other counsellor who is representing the applicant have timely access to the summary, and in any case before any decision on the Member State responsible is taken or a take charge request is made pursuant to Article 29.
2021/12/09
Committee: LIBE
Amendment 1404 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 2 – introductory part
2. Each Member State where an unaccompanied minor is present shall ensure that he or she is represented and assisted by a representativeguardian with respect to the relevant procedures provided for in this Regulation. The representativesponsible authorities shall appoint a guardian, as soon as possible and prior to the collection of biometric data pursuant to Article 10(1) or 13(1) of Regulation (EU) XXXX/XX (Eurodac Regulation) and in any event no later than 24 hours after the making of the application. The guardian shall have the qualifications, training and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the whole procedures carried out under this Regulation. Such representativeguardian shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors.
2021/12/09
Committee: LIBE
Amendment 1412 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Where an organisation is appointed as a representativeguardian, it shall designate a person responsible for carrying out its duties in respect of the minor. The first subparagraph shall apply to that person.
2021/12/09
Committee: LIBE
Amendment 1413 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
The representative provided for in the first subparagraph may be the same person or organisation as provided for inFor the purpose of this Article, the Member States shall apply Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation].
2021/12/09
Committee: LIBE
Amendment 1419 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. The representativeguardian of an unaccompanied minor shall be involved in the process of establishing the Member State responsible under this Regulation. The representative from the start of the procedure. The guardian shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4, including the exercise of the right to be heard, and shall support his or her engagement with other actors, such as family tracing organisations, where appropriate for that purpose, and shall keep the minor informed on the progress in the procedures under this Regulation.
2021/12/09
Committee: LIBE
Amendment 1426 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 4 – introductory part
4. In assessing the best interests of the child, Member States shall closely cooperate and exchange information with each other and shall, in particular, take due account of the following factors:
2021/12/09
Committee: LIBE
Amendment 1432 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 4 – point a
(a) the right to family life, including family reunification possibilities;
2021/12/09
Committee: LIBE
Amendment 1439 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 4 – point b
(b) the minor’s well-being, access to health and education services and social development, taking into particular consideration the minor’s background, including his or her ethnic, religious, cultural and linguistic background and the need for stability and continuity in his or her care;
2021/12/09
Committee: LIBE
Amendment 1442 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 4 – point b a (new)
(ba) situations of vulnerability, including trauma, specific health needs and disability;
2021/12/09
Committee: LIBE
Amendment 1447 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 4 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings or violence within the family;
2021/12/09
Committee: LIBE
Amendment 1464 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 4 – point e
(e) where the applicant is an unaccompanied minor, the information provided by the representativeguardian in the Member State where the unaccompanied minor is present.
2021/12/09
Committee: LIBE
Amendment 1465 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 4 – point e a (new)
(ea) the guarantee of a handover to a designated guardian in the receiving Member State in case of a transfer;
2021/12/09
Committee: LIBE
Amendment 1472 #

2020/0279(COD)

5. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of relocation, the transferring Member State shall make sure that the Member State responsible or the Member State of relocation takes the measures referred to in Articles 14 and 23 of Directive XXX/XXX/EU [Reception Conditions Directive] and Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] without delay, and appoints a guardian. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration.
2021/12/09
Committee: LIBE
Amendment 1479 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 6 – introductory part
6. For the purpose of applying Article 15, the Member State where the unaccompanied minor’s application for international protection was registered shall, as soon as possible, immediately take appropriate action to identify the family members or relatives of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child.
2021/12/09
Committee: LIBE
Amendment 1485 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
The staff of the competent authorities referred to in Article 41 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors and the identification of vulnerabilities or trauma.
2021/12/09
Committee: LIBE
Amendment 1493 #

2020/0279(COD)

Proposal for a regulation
Article 13 a (new)
Article 13a Cost of reception 1. The costs of reception of an applicant supported by determining Member State, from the time when the application for international protection was registered until the transfer of the applicant to the Member State responsible, or until the determining Member State assumes responsibility for the applicant, shall be refunded from the general budget of the Union as provided under Article 11, paragraph 1 of Regulation 2021/1147 [Asylum, Migration and Integration Fund]. 2. For the purpose of the first paragraph, Member States shall comply with Directive XXX/XXX [Reception Conditions Directive].
2021/12/09
Committee: LIBE
Amendment 1499 #

2020/0279(COD)

Proposal for a regulation
Article 14 – paragraph 2 a (new)
2a. Articles 20a and 20b will not apply if the applicant arrived irregularly prior in another Member State.
2021/12/09
Committee: LIBE
Amendment 1511 #

2020/0279(COD)

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 (new)
Where the applicant is a married minor whose adult spouse is legally present on the territory of the Member States, the Member State responsible shall be the Member State where the adult spouse is legally present, provided that the applicant expresses its desire for such a reunification in writing. Where such conditions are not met, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present. For the purpose of this Regulation, on the basis of an individual assessment, a minor shall be considered unmarried if his or her marriage would not be in accordance with the relevant national law had it been contracted in the Member State concerned, in particular having regard to the legal age of marriage.
2021/12/09
Committee: LIBE
Amendment 1520 #

2020/0279(COD)

Proposal for a regulation
Article 15 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, or the application of Article 25, the Member State responsible shall be that where the unaccompanied minor’s application for international protection was first registered is present, unless it is demonstrated that this is not in the best interests of the minor.
2021/12/09
Committee: LIBE
Amendment 1553 #

2020/0279(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. Where the applicant is in possession of one or more residence documents or one or more visas which expired less than threfive years before the application was registered, paragraphs 1, 2 and 3 shall apply.
2021/12/09
Committee: LIBE
Amendment 1560 #

2020/0279(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Where the applicant is in possession of a diploma or qualification issued by an education establishment established in a Member State and the application for international protection was registered after the applicant left the territory of the Member States following the completion of his or her studies, the Member State in which that education establishment is established shall be responsible for examining the application for international protection. Online training or other forms of distance learning shall not be considered to be relevant.
2021/12/09
Committee: LIBE
Amendment 1563 #

2020/0279(COD)

Proposal for a regulation
Article 20 a (new)
Article 20a Visa waived entry If a third-country national or a stateless person enters into the EU territory through a Member State in which the need for him or her to have a visa is waived, that Member State shall be responsible for examining his or her application for international protection. That responsibility shall cease if the application is registered more than three years after the date on which the person entered the territory.
2021/12/09
Committee: LIBE
Amendment 1580 #

2020/0279(COD)

Proposal for a regulation
Article 21 – paragraph 3
3. Paragraphs 1 and 2 shall not apply if Article 25 applies or if it can be established, on the basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that the applicant was relocated pursuant to Article 57 of this Regulation to another Member State after having crossed the border. In that case, that other Member State shall be responsible for examining the application for international protection.
2021/12/09
Committee: LIBE
Amendment 1583 #

2020/0279(COD)

Proposal for a regulation
Article 22
If a third-country national or a stateless person enters into the territory of the Member States through a Member State in which the need for him or her to have a vArticle 22 deleted Visa is waived, that Member State shall be responsible for examining his or her application for international protection. That responsibility shall cease if the application is registered more than three years after the date on which the person entered the territory. entry
2021/12/09
Committee: LIBE
Amendment 1588 #

2020/0279(COD)

Proposal for a regulation
Article 23
Application in an international transit Where the application for international protection is made in the international transit area of an airport of a Member State by a third-country national or a stateless person, that Member State shall be responsible for examining the application.rticle 23 deleted area of an airport
2021/12/09
Committee: LIBE
Amendment 1612 #

2020/0279(COD)

Proposal for a regulation
Article 24 – paragraph 4
4. The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and exchange of information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2). The Member States shall use the Common and secured electronic transmission and communication system referred to in Article 40a to exchange information under the present Article.
2021/12/09
Committee: LIBE
Amendment 1619 #

2020/0279(COD)

Proposal for a regulation
Article 25 – paragraph 2 – introductory part
2. The Member State in which an application for international protection is registered and which is carrying out the process of determining the Member State responsible, or the Member State responsible, may, at any time before a first decision regarding the substance is taken, request another Member State to take charge of an applicant in order to bring together any family relations, on humanitarian grounds based in particular on family or cultural considerations, or to support a Member State under migratory pressure or with a risk of migratory pressure even where that other Member State is not responsible under the criteria laid down in Articles 15 to 18 and 24. The persons concerned shall express their consent in writing.
2021/12/09
Committee: LIBE
Amendment 1622 #

2020/0279(COD)

Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
The requested Member State shall carry out any necessary checks to examine the humanitarian grounds cited, and shall reply to the requesting Member State within two months of receipt of the request using the electronic communication network set upCommon and secured electronic transmission and communication system under Article 1840a of this Regulation (EC) No 1560/2003. A reply refusing the request shall state the reasons on which the refusal is based.
2021/12/09
Committee: LIBE
Amendment 1632 #

2020/0279(COD)

Proposal for a regulation
Part III – Chapter IV – title
IV OBLIGATIONS OF THE MEMBER STATE RESPONSIBLES
2021/12/09
Committee: LIBE
Amendment 1633 #

2020/0279(COD)

Proposal for a regulation
Article -26 (new)
Article -26 Obligations of the Member States during the process of determination 1. Member States shall cooperate closely and effectively with a view to ensure a fair and efficient process of determination of the Member State responsible of an application for international protection. 2. During the process of determination, where the applicant declares to have family members pursuant to Article 15 to 17, the Member State where the family is deemed to be present shall work closely with the determining Member State to quickly establish whether it is or not responsible for that applicant. Member States shall use the Common and secured electronic transmission and communication system to facilitate for this purpose.
2021/12/09
Committee: LIBE
Amendment 1653 #

2020/0279(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point d a (new)
(da) Member States shall make all necessary practical and legal arrangements to comply with their obligations under the first subparagraph.
2021/12/09
Committee: LIBE
Amendment 1656 #

2020/0279(COD)

Proposal for a regulation
Article 26 a (new)
Article 26 a Consequences of non-compliance for the Member State responsible 1. Following a decision under Article 26(1), if a Member State does not apply a take charge or take back, either formally or in practice, such as by not providing for proper arrangements for arrival, and after a reasonable period of time to allow for the practical arrangements of the transfer, and unless the applicant absconded or Article 8(3) applies, the Member State where the applicant is present may notify the Commission and inform the Member State responsible. 2. After a notification under paragraph 1, the Commission shall inform the Member State responsible and allow a period of 15 days for executing the transfer of the applicant. In case the transfer is not executed within this period, the Commission shall impose a financial penalty of 1000 EUROS per day, calculated from the day of notification referred to in the first paragraph, until the transfer of the applicant. In addition, to cover the costs of reception incurred by the Member State where the applicant is present, the Member State responsible shall allocate a daily compensation, calculated on the basis of the standard of living in that Member State. This daily allowance shall be paid into the reserve referred to in Article 20a of Regulation 2021/1147 [Asylum, Migration and Integration Fund]. Where a Member State responsible fails to pay the financial penalty or the daily compensation to cover the reception costs as referred to in paragraph 2, the Commission shall withhold the same amount from the payments due to that Member State from other Union funds. The total amount of the financial penalty shall be allocated in priority to Member States facing a migratory pressure in a fair way in order to support the application of the present Regulation. As soon as the Member State responsible execute the take charge or take back of the applicant, the Commission shall cease to apply a penalty under paragraph 2. 3. To calculate the daily compensation as referred to in paragraph 2, third sub- paragraph, the Commission is empowered to adopt a delegated act. 4. By way of derogation, the present Article shall not apply to a Member State under pressure pursuant to article 51 or a to Member State where search and rescue operations generate recurring arrivals pursuant to Articles 47, 48 and 49.
2021/12/09
Committee: LIBE
Amendment 1668 #

2020/0279(COD)

Proposal for a regulation
Article 28 – paragraph 1
1. The Member State where an application for international protection is first registered pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation], where the third-country national is legally present or, where applicable, the Member State of relocation shall start the process of determining the Member State responsible without delay.
2021/12/09
Committee: LIBE
Amendment 1676 #

2020/0279(COD)

Proposal for a regulation
Article 28 – paragraph 2
2. The Member State where an application is first registered or, where applicable, the Member State of relocationreferred to in the first paragraph shall continue the process of determining the Member State responsible if the applicant leaves the territory of that Member State without authorisation or is otherwise not available to the competent authorities of that Member State.
2021/12/09
Committee: LIBE
Amendment 1683 #

2020/0279(COD)

Proposal for a regulation
Article 28 – paragraph 4 – introductory part
4. An applicant who is present in another Member State without a residence document or who there makes an application for international protection during the process of determining the Member State responsible, shall be taken back, under the conditions laid down in Articles 31 and 35, by the Member State with which that application was first registered, with a view to completing the process of determination of the Member State responsible.
2021/12/09
Committee: LIBE
Amendment 1685 #

2020/0279(COD)

Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1
That obligation shall cease where the Member State determining the Member State responsible can establish that the applicant has obtained a residence document from another Member State or where the Member State where the applicant is present decides to take responsibility for the examination of the application for international protection pursuant to Article 25.
2021/12/09
Committee: LIBE
Amendment 1689 #

2020/0279(COD)

Proposal for a regulation
Article 29 – paragraph 1 – introductory part
1. If a Member State where an application for international protection has been registeredreferred to in Article 28(1) considers that another Member State is responsible for examining the application, it shall, without delay and in any event within two months of the date on which the application was registered, request that other Member State to take charge of the applicant.
2021/12/09
Committee: LIBE
Amendment 1702 #

2020/0279(COD)

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Articles 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21 of Regulation (EC) No 767/2008, the request to take charge shall be sent within one monthweek of receiving that hit.
2021/12/09
Committee: LIBE
Amendment 1706 #

2020/0279(COD)

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3
Where the applicant is an unaccompanied minor, time referred to in subparagraph 1 and 2 shall start to run when a guardian has been appointed and when the best interests of the child assessment has been concluded. The determining Member State may also, where it considers that it is in the best interest of the minor, continue the procedure for determining the Member State responsible and request another Member State to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs.
2021/12/09
Committee: LIBE
Amendment 1714 #

2020/0279(COD)

Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1
The information shall be communicated between the Member States through the Common and secured electronic transmission and communication system referred to in Article 40a. In accordance with that article, the Commission shall, by means of implementing acts, adopt uniform conditions on the preparation and submission of take charge requests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
2021/12/09
Committee: LIBE
Amendment 1720 #

2020/0279(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. Notwithstanding the first paragraph, in the case of a Eurodac hit with data recorded pursuant to Article 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21(2) of Regulation (EC) No 767/2008, the requested Member State shall give a decision on the request within two weekfour working days of receipt of the request.
2021/12/09
Committee: LIBE
Amendment 1732 #

2020/0279(COD)

Proposal for a regulation
Article 30 – paragraph 8
8. Where the requested Member State does not object to the request within the one-month period set out in paragraph 1 by a reply which gives full and detailed reasons, or where applicable within the two-weekfour working days period set out in paragraphs 2 and 7, this shall be tantamount to accepting the request, and entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival.
2021/12/09
Committee: LIBE
Amendment 1771 #

2020/0279(COD)

Proposal for a regulation
Article 31 – paragraph 5
5. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back notifications. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2)40a.
2021/12/09
Committee: LIBE
Amendment 1787 #

2020/0279(COD)

Proposal for a regulation
Article 32 – paragraph 2
2. Where the requested Member State accepts to take charge of an applicant or to take back a person referred to in Article 26(1), point (b), (c) or (d), the requesting or the notifying Member State shall notify the person concerned in writing without delin five days of the decision to transfer him or her to the Member State responsible and, where applicable, of the fact that it will not examine his or her application for international protection.
2021/12/09
Committee: LIBE
Amendment 1795 #

2020/0279(COD)

Proposal for a regulation
Article 32 – paragraph 4 – introductory part
4. The decision referred to in paragraph 1 shall contain information in a plain language on the legal remedies available, including on the right to apply for suspensive effect, and on the time limits applicable for seeking such remedies and for carrying out the transfer, and shall, if necessary, contain information on the place where, and the date on which, the person concerned is required to appear, if that person is travelling to the Member State responsible by his or her own means.
2021/12/09
Committee: LIBE
Amendment 1804 #

2020/0279(COD)

Proposal for a regulation
Article 32 – paragraph 5
5. Where the person concerned is not assisted or represented by a legal advisor or other counsellor, Member States shall inform him or her of the main elements of the decision, which shall always include information on the legal remedies available and the time limits applicable for seeking such remedies, in a language that the person concerned understands or is reasonably supposed to understand.
2021/12/09
Committee: LIBE
Amendment 1815 #

2020/0279(COD)

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) whether the applicant is in possession of new and tangible elements or evidence, which the competent authorities did not assess, proving that another Member State is responsible for his or her application according to Chapter II of Part III.
2021/12/09
Committee: LIBE
Amendment 1864 #

2020/0279(COD)

Proposal for a regulation
Article 34 – paragraph 2
2. Where there is a risk of absconding, Member States may detain the person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively, based on an individual assessment of the person’s circumstances. Such alternatives to detention shall be available both in fact and law in the Member States, in particular for minors and applicants with vulnerabilities and specific needs.
2021/12/09
Committee: LIBE
Amendment 1904 #

2020/0279(COD)

Proposal for a regulation
Article 35 – paragraph 1 – introductory part
1. The transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) and (d), from the requesting or notifying Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting or notifying Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within sixfour months of the acceptance of the take charge request or of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3), unless the applicant has absconded. That time limit may be extended up to a maximum of one year if the transfer cannot be carried out due to imprisonment of the person concerned.
2021/12/09
Committee: LIBE
Amendment 1921 #

2020/0279(COD)

Proposal for a regulation
Article 35 – paragraph 2 – introductory part
2. Where the transfer does not take place within the time limits set out in paragraph 1, first subparagraph, the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting or notifying Member State, unless the Member State responsible is accountable for the failure of the transfer..
2021/12/09
Committee: LIBE
Amendment 1932 #

2020/0279(COD)

Proposal for a regulation
Article 35 – paragraph 4
4. TPursuant to Article 40a, the Commission shall, by means of implementing acts, establish uniform conditions for the consultation and exchange of information between Member States in the Common and secured electronic transmission and communication system, in particular in the event of postponed or delayed transfers, transfers following acceptance by default, transfers of minors or dependent persons, and supervised transfers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
2021/12/09
Committee: LIBE
Amendment 1935 #

2020/0279(COD)

Proposal for a regulation
Article 36 – paragraph 1
1. In accordance with Article 1720 of Regulation (EU) XXX/XXX [Asylum2021/1147 [Asylum, Migration and MiIntegration Fund], a contribution shall be paid to the Member State carrying out the transfer for the transfer of an applicant or another person as referred to in Article 26(1), point (b), (c) or (d), pursuant to Article 35.
2021/12/09
Committee: LIBE
Amendment 1940 #

2020/0279(COD)

Proposal for a regulation
Article 37 – paragraph 2 – introductory part
2. The transferring Member State shall transmit to the Member State responsible any information that is essential in order to safeguard the rights and immediate specialfic needs of the person to be transferred, and in particular:
2021/12/09
Committee: LIBE
Amendment 1942 #

2020/0279(COD)

Proposal for a regulation
Article 37 – paragraph 2 – point a
(a) any immediate measures which the Member State responsible is required to take in order to ensure that the specialfic needs of the person to be transferred are adequately addressed, including any immediate health care that may be required;
2021/12/09
Committee: LIBE
Amendment 1944 #

2020/0279(COD)

Proposal for a regulation
Article 37 – paragraph 2 – point c
(c) in the case of minors, the best interests of the child assessment and information on their education;
2021/12/09
Committee: LIBE
Amendment 1946 #

2020/0279(COD)

Proposal for a regulation
Article 37 – paragraph 3
3. The exchange of information under this Article shall only take place between the authorities notified to the Commission in accordance with Article 41 of this Regulation using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003Common and secured electronic transmission and communication system as referred to in Article 40a. The information exchanged shall only be used for the purposes set out in paragraph 1 of this Article and shall not be further processed.
2021/12/09
Committee: LIBE
Amendment 1949 #

2020/0279(COD)

Proposal for a regulation
Article 37 – paragraph 4
4. With a view to facilitating the exchange of information between Member States, the Commission shall, by means of implementing acts, draw up a standard form for the transfer of the data required pursuant to this Article. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 67(2)Article 40a of this Regulation.
2021/12/09
Committee: LIBE
Amendment 1953 #

2020/0279(COD)

Proposal for a regulation
Article 38 – paragraph 1
Where the Member State carrying out a transfer is in possession of information that indicates that there are reasonable grounds to consider the applicant or another person as referred to in Article 26(1), point (b), (c) or (d), a danger to national security or public order in a Member State, that Member State shall also communicate such information to the Member State responsible. To this end, the Member State shall use the Common and secured electronic transmission and communication system referred to in Article 40a.
2021/12/09
Committee: LIBE
Amendment 1958 #

2020/0279(COD)

Proposal for a regulation
Article 39 – paragraph 1 – introductory part
1. For the sole purpose of the provision of medical care or treatment, in particular concerning disabled persons, elderly people, pregnant women, minors and persons who have been subject to torture, rape or other serious forms of psychological, physical and sexual violence, the transferring Member State shall, in so far as it is available to the competent authority in accordance with national law, transmit to the Member State responsible information on any specialfic needs of the person to be transferred, which in specific cases may include information on that person’s physical or mental health. That information shall be transferred in a common health certificate with the necessary documents attached. The Member State responsible shall ensure that those specialfic needs are adequately addressed, including in particular any essential medical care that may be required.
2021/12/09
Committee: LIBE
Amendment 1963 #

2020/0279(COD)

Proposal for a regulation
Article 39 – paragraph 5
5. TPursuant to Article 40a, the Commission shall, by means of implementing acts, adopt uniform conditions and practical arrangements for exchanging the information referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 67(2) in the Common and secured electronic transmission and communication system.
2021/12/09
Committee: LIBE
Amendment 1982 #

2020/0279(COD)

Proposal for a regulation
Article 40 a (new)
Article 40 a Common and secured electronic transmission and communication system 1. The Commission shall, by means of implementing acts, establish a ‘Common and secured electronic transmission and communication system’ at the European level between the competent authorities referred to in Article 41(1) and between those authorities and the Asylum Agency for transmitting information related to the application of this Regulation. The 'DubliNet' electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003 shall be used as basis for the Common and secured electronic transmission and communication system and upgraded accordingly. EU-LISA should be responsible for the preparation, development and the operational management of this system, its interoperability with other systems and the communication infrastructure between the central system and the national infrastructures. From the budgetary appropriations to implement the present Regulation, an appropriate allocation shall be secured for EU-LISA to complete this task. 2. The Member States shall use the Common and secured electronic transmission and communication system to share any type of information relevant for the application of this Regulation, including biometric data taken in accordance with Regulation (EU) XXX/XXX [Eurodac Regulation], requests, notifications, replies and all written correspondence and for ensuring that senders automatically receive an electronic proof of delivery. 3. The Common and secured electronic transmission and communication system shall have different channels for each type of information requiring different rules in terms of access, conditions of exchange, confidentiality, or any other specificity. In particular, different channels shall be created for the purpose of Articles 37, 38, 39 and 40. 4. For the purpose of this Regulation, the Member States and the Union bodies and Agencies, as well as any actor involved in the processing of personal data of the applicants shall apply Regulation (EU) 2016/679 [General Data Protection Regulation]. 5. The implementing act referred to in the first paragraph shall be adopted in accordance with the examination procedure referred to in Article 67(2), no later than four months after the entry into force of this Regulation.
2021/12/09
Committee: LIBE
Amendment 1983 #

2020/0279(COD)

Proposal for a regulation
Article 41 – paragraph 1
1. Each Member State shall notify the Commission without delay of the specific authorities responsible for fulfilling the obligations arising under this Regulation, and any amendments thereto, and of the share of competences between different authorities in a Member State where applicable. The Member States shall ensure that those authorities have the necessary human, material and financial resources for carrying out their tasks and in particular for applying the procedures for determining the Member State responsible in a rapid and efficient manner, safeguarding applicants’ procedural and fundamental rights, replying within the prescribed time limits to requests for information, requests to take charge, take back notifications and, if applicable, complying with their obligations under Chapters I-III of Part IV.
2021/12/09
Committee: LIBE
Amendment 1987 #

2020/0279(COD)

Proposal for a regulation
Article 41 – paragraph 3
3. Member States shall ensure that the authorities referred to in paragraph 1 shallcontinuously receive the necessary training with respect to the application of this Regulationhuman resources who have the qualifications, training, expertise and independence with respect to the application of this Regulation. In particular, the authorities shall receive appropriate staff to take in charge applicants with specific needs. Where a Member State requests it, the Commission should assist the competent authorities in planning the allocation of staff, with a view to ensure the application of the present Regulation and a level playing field in all Member States.
2021/12/09
Committee: LIBE
Amendment 1988 #

2020/0279(COD)

Proposal for a regulation
Article 41 – paragraph 4
4. The Commission shall, by means of implementing acts, establish secure electronic transmission channels between In a situation of significant increase of the workload of theat authorities referred to in paragraph 1 and between those authorities and the Asylum Agency for transmitting information, biometric data taken in accordance with Regulation (EU) XXX/XXX [Eurodac Regulation], requests, notifications, replies and all written correspondence and for ensuring that senders automatically receive an electronic proof of delivery. Those implementing acts shall be adopted in acc, Member States shall provide additional staff, to continue complying with their obligations under the present Regulation. Member States should also seek the support from Union bodies, offices and agencies, international ordgance with the examination procedure referred to in Article 67(2). isations and non-governmental organisations.
2021/12/09
Committee: LIBE
Amendment 1993 #

2020/0279(COD)

Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1 (new)
By way of derogation, such administrative arrangements shall remain outside the objective and scope of the Common and secured electronic transmission and communication system as referred to in Article 40a.
2021/12/09
Committee: LIBE
Amendment 1996 #

2020/0279(COD)

Proposal for a regulation
Article 43 – paragraph 1
The Asylum Agency shall set up and facilitate the activities of a network of the competent authorities referred to in Article 41(1), with a view to enhancing practical cooperation and information sharing on all matters related to the application of this Regulation, including the development of practical tools and guidance, enhancing convergence in the application of the Regulation and in practices, as well as building at the European a common culture between agents from competent authorities, both at national and European level.
2021/12/09
Committee: LIBE
Amendment 1997 #

2020/0279(COD)

Proposal for a regulation
Article 43 – paragraph 1 a (new)
This network may be structured into several formations, composed of agents at different levels of hierarchy, in order to support cooperation and convergence from operational activities to higher level of decision-making and responsibility. Meetings of these formations shall be organised regularly, as much as deemed necessary and at least every month.
2021/12/09
Committee: LIBE
Amendment 1998 #

2020/0279(COD)

Proposal for a regulation
Article 43 – paragraph 1 b (new)
Other relevant Union offices, bodies or agencies may also participate in this network.
2021/12/09
Committee: LIBE
Amendment 2047 #

2020/0279(COD)

Proposal for a regulation
Article 45 – paragraph 1 – point d
(d) capacity-building measures in the field of asylum, reception and return, operational support and measures aimed at responding to migratory trends affecting the benefitting Member State through cooperation with third countries.;
2021/12/09
Committee: LIBE
Amendment 2053 #

2020/0279(COD)

Proposal for a regulation
Article 45 – paragraph 1 – point d a (new)
(da) the decision by a Member State to examine an application for international protection pursuant to Article 25, including after a decision of transfer has been taken pursuant to Article 32.
2021/12/09
Committee: LIBE
Amendment 2070 #

2020/0279(COD)

Proposal for a regulation
Article 45 – paragraph 2 – introductory part
2. Such contributions may, pursuant to Article 56, alsoMember States may also provide voluntary solidarity contributions to assist a Member State in addressing the migratory situation on its territory or prevent a migratory pressure. Such contributions may consist of:
2021/12/09
Committee: LIBE
Amendment 2072 #

2020/0279(COD)

Proposal for a regulation
Article 45 – paragraph 2 – point -a (new)
(-a) solidarity contributions referred to in paragraph 1;
2021/12/09
Committee: LIBE
Amendment 2076 #

2020/0279(COD)

Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1 (new)
Where a Member State requests solidarity support from other Member States in accordance with this paragraph, it shall notify the Commission of that request. Any Member State may, at any time, in response to a request for solidarity support by a Member State, or on its own initiative, including in agreement with another Member State, make contributions by means of the measures referred to in the first subparagraph for the benefit of the Member State concerned and with its agreement. Contributions referred to in paragraph 1, point (d) shall be in accordance with the objectives of Regulation (EU) XXX/XXX [Asylum Migration Fund]. Member States which have contributed or plan to contribute with solidarity contributions in response to a request for solidarity support by a Member State, or on their own initiative, shall notify the Commission, thereof by completing the Solidarity Support Plan form set out in Annex IV. The Solidarity Response Plan shall include, where relevant, verifiable information, including on the scope and nature of the measures and their implementation.
2021/12/09
Committee: LIBE
Amendment 2092 #

2020/0279(COD)

Proposal for a regulation
Article 46 – paragraph 1
A Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Parte solidarity between the Member States pursuant to this Regulation.
2021/12/09
Committee: LIBE
Amendment 2093 #

2020/0279(COD)

Proposal for a regulation
Article 46 – paragraph 1 a (new)
The Solidarity Forum should comprise all Member States, whose representatives shall have the appropriate level of responsibility and decision-making for its purpose. Should one or several Member States decide not to participate, the Solidarity Forum shall still be convened within the margins of a qualified majority. The Commission may request the Asylum Agency, the European Border and Coast Guard Agency, and the External Action Service to be represented.
2021/12/09
Committee: LIBE
Amendment 2199 #

2020/0279(COD)

Proposal for a regulation
Article 49 b (new)
Article 49b Commission implementing acts on solidarity in situations of migratory pressure 1. Within two weeks from the submission of Member States solidarity contributions commitments pursuant to Article 49a(3), first subparagraph or, where the Solidarity Forum is convened pursuant to Article 49a(4), within two weeks from the end of the Solidarity Forum, the Commission shall adopt an implementing act laying down the solidarity contributions commitments for the benefit of a Member State in the event of a migratory pressure to be taken by the other Member States and the timeframe for their implementation. 2. The types of contributions set out in the implementing act shall be those indicated by Member States. Where one or more Member States have not submitted their contributions, the Commission shall determine the types of contributions to be made by the Member State taking into account the needs identified in the Migration Management Report referred to in Article 6(4). Where the measures proposed would lead to a shortfall greater than 30% of the total number of solidarity measures identified in the Migration Management Report under Article 45(1), points (a), (b), (a), (da), the contributions set out in the implementing act shall be adjusted so that those Member States indicating such measures would be required to cover 50% of their share calculated according to the distribution key set out in Article 54 through measures set out in Article 45(1), points (a), (b), (c), (da). The Commission shall adjust measures referred to in Article 45(1)(d) indicated by those Member States accordingly. 3. The implementing act shall set out: (a) the total number of relocations pursuant to Article 45(1), points (a), (c) or (da); (b) the total number of return sponsorships pursuant to Article 45(1), point (b); (c) the distribution of persons to be relocated and/or those to be subject to return sponsorship among the Member States, on the basis of the distribution key set out in Article 54; (d) the measures indicated by Member States pursuant to second subparagraph of paragraph 2. The distribution referred to in paragraph 3 point (c) shall be adjusted where a Member State making a request pursuant to Article 52(4) demonstrates that over the preceding 5 years it has been responsible for twice the Union average per capita of applications for international protection. In such cases the Member State shall receive a deduction of 10/% of its share calculated according to the distribution key set out in Article 54. This deduction shall be distributed proportionately among the Member States making contributions referred to in Article 45(1) points (a), (b), (c) or (da); 4. On duly justified imperative grounds of urgency due to the migratory pressure present in a benefitting Member State, the Commission shall adopt immediately applicable implementing acts in accordance with the urgency procedure referred to in Article 67(3). Those acts shall remain in force for a period not exceeding 1 year. 5. At the end of the one year period, the Commission shall report on the implementation of the solidarity contributions where relevant one month after the closure of the period. The report shall contain an analysis of the effectiveness of the measures undertaken.
2021/12/09
Committee: LIBE
Amendment 2308 #

2020/0279(COD)

Proposal for a regulation
Article 52 – paragraph 1
1. Whereithin two weeks after the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves benefitting Member States shall contribute by means ofCommission shall coordinate the distribution of contributions under the solidarity contributionspool referred to in Article 45(1), points (a), (b) and (c). Member States shall prioritise the relocation of unaccompanied minors9a.
2021/12/09
Committee: LIBE
Amendment 2320 #

2020/0279(COD)

Proposal for a regulation
Article 52 – paragraph 2
2. Where the report referred to in Article 51 identifies measures referred to in paragraph 3, point (b)(iii) of that Article, other Member States may The effort of contributions shall be shared proportionately between the contributing Member States, taking into accountribute by means of those measures instead of measures referred to in Article 51(3)(b)(ii). Such measures shall not lead to a short fall of more than 30% of the total contributions identified in the report on migratory pressure under Article 51(3)(b)(ii) the distribution key and specific needs of the benefiting Member States identified in the report on migratory pressure. Member States shall prioritise the relocation of unaccompanied minors, unless it is not in their best interests.
2021/12/09
Committee: LIBE
Amendment 2328 #

2020/0279(COD)

Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Where the Solidarity Response Plan includes return sponsorship, Member States shall indicate the nationalities of the illegally staying third-country nationals present on the territory of the Member State concerned that they intend to sponsor.deleted
2021/12/09
Committee: LIBE
Amendment 2331 #

2020/0279(COD)

Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2
Where Member States indicate measures set out in Article 51(3)(b)(iii) in the Solidarity Response Plan they shall also indicate the detailed arrangements and the time-frame for their implementation.deleted
2021/12/09
Committee: LIBE
Amendment 2336 #

2020/0279(COD)

Proposal for a regulation
Article 52 – paragraph 4
4. Where the Commission considers that the solidarity contributions indicated in the Solidarity Response Plans do not correspond to the needs identified in the report on migratory pressure provided for in Article 51, it shall convene the Solidarity Forum. In such cases, the Commission shall invite Member States to adjust the type of contributions in their Solidarity Response Plans in the course of the Solidarity Forum by submitting revised Solidarity Response Plans.deleted
2021/12/09
Committee: LIBE
Amendment 2352 #
2021/12/09
Committee: LIBE
Amendment 2425 #

2020/0279(COD)

Proposal for a regulation
Article 55 a (new)
Article 55a Capacity-building measures 1. A Member State may commit to support another Member State in providing capacity-building measures in the field of asylum, reception and return, operational support, as well as measures aimed at responding to migratory trends affecting the benefitting Member State through cooperation with third countries. Such measures shall aim to address specific needs identified in the report on migratory pressure pursuant to Article 51, and shall be designed and implemented in proportion to the contributions the Member State would have made by means of the measures referred to in Article 45(1), points (a), (b), (c) and(da) as a result of the application of the distribution key set out in Article 54. 2. The Commission shall determine by means of delegated act the criteria for assessing the capacity-building measures proposed by the contributing Member State in accordance with the first paragraph of this Article. 3. The Commission, with the support of Union bodies, offices and agencies, shall evaluate the implementation of the capacity-building measures in the benefiting Member State at regular intervals.
2021/12/10
Committee: LIBE
Amendment 2426 #

2020/0279(COD)

Proposal for a regulation
Article 56
1. solidarity support from other Member States to assist it in addressing the migratory situation on its territory to prevent migratory pressure, it shall notify the Commission of that request. 2. time, in response to a request for solidarity support by a Member State, or on its own initiative, including in agreement with another Member State, make contributions by means of the measures referred to in Article 45 for the benefit of the Member State concerned and with its agreement. Contributions referred to in article 45, point (d) shall be in accordance with the objectives of Regulation (EU) XXX/XXX [Asylum Migration Fund]. 3. contributed or plan to contribute with solidarity contributions in response to a request for solidarity support by a Member State, or on its own initiative, shall notify the Commission, thereof by completing the Solidarity Support Plan form set out in Annex IV. The Solidarity Response Plan shall include, where relevant, verifiable information, including on the scope and nature of the measures and their implementation.Article 56 deleted Other solidarity contributions Where a Member State requests Any Member State may, at any Member States which have
2021/12/10
Committee: LIBE
Amendment 2442 #

2020/0279(COD)

Proposal for a regulation
Article 56 a (new)
Article 56a Support from Union bodies, offices and agencies 1. The Union bodies, offices and agencies acting in the field of asylum and migration management shall, within their respective mandates, provide strong support to the Member States and the Commission with a view to ensuring the proper implementation and functioning of this Regulation. For the purposes of the first subparagraph, the Union bodies, offices agencies referred to therein may provide national authorities with analysis, expertise and operational support. 2. Where requested by a Member State, a Union body, office or agency may provide it with support. The Commission or a Union body, office or agency may, on its own initiative, propose to provide a specific Member State with support. Where the Commission or a Union body, office or agency proposes support to a Member State, that Member State shall take due account of the proposal. The Member State concerned may accept, amend or reject that proposal. The Member State shall provide the Commission in a timely manner with a reasoned decision concerning the acceptance, amendment or rejection of that proposal.
2021/12/10
Committee: LIBE
Amendment 2462 #

2020/0279(COD)

Proposal for a regulation
Article 57 – paragraph 3 – introductory part
3. Where relocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. Where the person concerned is an applicant for or a beneficiary of international protection, that Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the Member State of relocation, such as the criteria referred to in Chapter II, Part III. Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person consented to relocation in writing.
2021/12/10
Committee: LIBE
Amendment 2472 #

2020/0279(COD)

Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
The first subparagraph shall not apply to applicants for whom the benefitting Member State canis most likely to be determined as the Member State responsible pursuant to the criteria set out in Articles 15 to 20 and 24, with the exception of Article 15(5). Those applicants shall not be eligible for relocation.
2021/12/10
Committee: LIBE
Amendment 2501 #

2020/0279(COD)

Proposal for a regulation
Article 57 – paragraph 8
8. The benefitting Member State shall take a transfer decision at the latest within one week of the confirmation by the Member State of relocation. It shall notify the person concerned in writing without delay of the decision to transfer him or her to that Member State and at the latest 48 hours before the transfer.
2021/12/10
Committee: LIBE
Amendment 2505 #

2020/0279(COD)

Proposal for a regulation
Article 57 – paragraph 11
11. The Member States shall use the Common and secured electronic transmission and communication system for carrying-out relocations. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of information and documents for the purpose of relocation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2)40a.
2021/12/10
Committee: LIBE
Amendment 2530 #

2020/0279(COD)

Proposal for a regulation
Article 58 – paragraph 5
5. Where the Member State of relocation has relocated a third-country national who is illegally staying on its territory, of Directive 2008/115/EC shall apply.
2021/12/10
Committee: LIBE
Amendment 2536 #

2020/0279(COD)

Proposal for a regulation
Article 60 – paragraph 1
Upon request, the Commission shall coordinate the operational aspects of the measures offered by the contributing Member States, including any assistance by experts or teams deployed by the Asylum Agency or the European Border and Coast Guard Agency or any other Union office, body or agency.
2021/12/10
Committee: LIBE
Amendment 2539 #

2020/0279(COD)

Proposal for a regulation
Article 61 – paragraph -1 (new)
-1 In accordance with the principle of solidarity and fair sharing of responsibility between the Member States established in Article 5, Member Sates shall receive appropriate and proportionate funding support from the Union budget to apply the present Regulation.
2021/12/10
Committee: LIBE
Amendment 2542 #

2020/0279(COD)

Proposal for a regulation
Article 61 – paragraph 1
Funding support following relocation pursuant to Chapters I and II of Part IV shall be implemented in accordance with Article 1720 of Regulation (EU) XXX/XXX [Asylum2021/1147 [Asylum, Migration and MiIntegration Fund].
2021/12/10
Committee: LIBE
Amendment 2550 #

2020/0279(COD)

Proposal for a regulation
Article 62 – paragraph 2 a (new)
2a. The Common and secured electronic transmission and communication system referred to in Article 40a shall fully comply with this Article.
2021/12/10
Committee: LIBE
Amendment 2553 #

2020/0279(COD)

Proposal for a regulation
Article 63 – paragraph 1
Member States shall ensure that the authorities and their staff referred to in Article 41 are bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.
2021/12/10
Committee: LIBE
Amendment 2554 #

2020/0279(COD)

Proposal for a regulation
Article 64 – paragraph 1
Member States shall lay down the rules on penalties, including administrative or criminal penalties in accordance with national law, applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive and shall take into account the financial penalty and the compensation for the cost of reception referred to in Article 26a.
2021/12/10
Committee: LIBE
Amendment 2560 #

2020/0279(COD)

Proposal for a regulation
Article 69 – paragraph 1
By [18 months after entry into force] and from then on annually, the Commission shall review the functioning of the measures set out in Chapters I-III of Part IV of this Regulation and report on the implementation of the measures set out in this Regulation. This report shall be communicated to the European Parliament and the Council. On the basis of this report, the European Parliament shall hold an annual plenary debate on the implementation of this Regulation as well as the whole Common European Asylum System.
2021/12/10
Committee: LIBE
Amendment 2561 #

2020/0279(COD)

Proposal for a regulation
Article 69 – paragraph 2
[Three years after entry into force, the Commission shall report on the implementation of the measures set out in this Regulation.]deleted
2021/12/10
Committee: LIBE
Amendment 2563 #

2020/0279(COD)

Proposal for a regulation
Article 69 – paragraph 3
No sooner than [fivthree] years after the date of application of this Regulation, and every five years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. Member States shall provide the Commission all information necessary for the preparation of that report, at the latest six months before the [five] yearsabove mentioned time limit expires.
2021/12/10
Committee: LIBE
Amendment 2564 #

2020/0279(COD)

Proposal for a regulation
Article 69 – paragraph 3 a (new)
For the purpose of this Article, the Commission may require the support from Union bodies, offices and agencies referred to in Article 57a.
2021/12/10
Committee: LIBE
Amendment 2569 #

2020/0279(COD)

Proposal for a regulation
Article 72 – title
Amendments to Regulation (EU) XXX/XXX [Asylum2021/1147 [Asylum, Migration and MiIntegration Fund]
2021/12/10
Committee: LIBE
Amendment 2570 #

2020/0279(COD)

Proposal for a regulation
Article 72 – paragraph 1 – introductory part
Regulation (EU) XXX/XXX [Asylum and Migration Fund]2021/1147 is amended as follows:
2021/12/10
Committee: LIBE
Amendment 2571 #

2020/0279(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point -1 (new)
Regulation (EU) 2021/1147
Article 10 – paragraph 2 – subparagraph 1 a (new)
-1. In Article 10(2) the following subparagraph is added: "The thematic facility shall be complemented by the Dublin Reserve Fund referred to in Article 20a of this Regulation."
2021/12/10
Committee: LIBE
Amendment 2572 #

2020/0279(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point -1 a (new)
Regulation (EU) 2021/1147
Article 11 – paragraph 1 – subparagraph 2 – point d a (new)
-1a. In Article 11(1), second subparagraph, the following point is inserted: "(da) support to Member States for the cost of reception of an applicant for international protection during the process of determination of the Member State responsible, in accordance with Article 13a of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation];"
2021/12/10
Committee: LIBE
Amendment 2579 #

2020/0279(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point a
(a) EUR [150 000] per applicant for whom that Member State becomes responsible as a result of relocation in accordance with Articles 48, 535(2) and Article 56s 48 and 53 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]; (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.)
2021/12/10
Committee: LIBE
Amendment 2582 #

2020/0279(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point b
(b) EUR [150 000] per beneficiary of international protection relocated in accordance with Articles 53 and 56 45(2) and Article 53 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]; (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.)
2021/12/10
Committee: LIBE
Amendment 2586 #

2020/0279(COD)

(c) EUR [150 000] per illegally staying third-country national relocated in accordance with Article 53, when the period referred to in Article 55(2) has expired, and Article 5645(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.)
2021/12/10
Committee: LIBE
Amendment 2589 #

2020/0279(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point d
(d) The contribution in points (a), (b) and (c) is increased to EUR [1260 000] for each unaccompanied minor relocated in accordance with Article 48, Article 53 and Article 56 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation].5(2) and Articles 48 and 53 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.)
2021/12/10
Committee: LIBE
Amendment 2592 #

2020/0279(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point 2 a (new)
Regulation (EU) 2021/1147
Article 20 a (new)
2a. The following article is inserted "Article 20a Dublin Reserve Fund 1. A ‘Dublin Reserve Fund’ or ‘reserve’ is established for the application of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. 2. The financial penalty and the compensation for the cost of reception referred to in Article 26a of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] shall be paid into the reserve. The Member State where the applicant is present shall be allocated the amount of the compensation via the reserve. The total amount of the financial penalty shall be distributed proportionally between the Member States, with a priority to Member States facing a migratory pressure, where relevant, in order to support the application of the present Regulation."
2021/12/10
Committee: LIBE
Amendment 152 #

2020/0278(COD)

Proposal for a regulation
Recital 1
(1) The Schengen area was created to achieve the Union’s objective of establishing an area without internal frontiers in which the free movement of persons, goods and services is ensured, as set out in Article 3(2) of the Treaty on European Union (TEU). The good functioning of this area relies on mutual trust between the Member States and efficient management of the external border.
2022/01/26
Committee: LIBE
Amendment 158 #

2020/0278(COD)

Proposal for a regulation
Recital 2
(2) The rules governing border control of persons crossing the external borders of the Member States of the Union are laid down in Regulation (EU) 2016/399 of the European Parliament and of the Council (Schengen Borders Code)21 as adopted under Article 77(2)(b) of the Treaty on the Functioning of the European Union (TFEU). To further develop the Union’s policy with a view to carrying out checks on persons and efficiently monitoring the crossing of external borders referred to in the first paragraph of Article 77 TFEU, additional measures should address situations where third-country nationals manage to avoiddo not undergo border checks at the external borders, or where third-country nationals are disembarked following search and rescue operations as well as where third- country nationals request international protection at a border crossing point without fulfilling entry conditions. The present regulation complements and specifies Regulation (EU) 2016/399 with regard to those three sets of situations. _________________ 21 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p.1.
2022/01/26
Committee: LIBE
Amendment 165 #

2020/0278(COD)

Proposal for a regulation
Recital 3
(3) It is essential to ensure that in those three sets of situations, the third country nationals are screened, in order to facilitate a proper identification and to allow for them being referred efficiently to the relevant procedures which, depending on the circumstances, can be procedures for international protection oras laid down in Regulation (EU) XXX/202X (Asylum Procedure Regulation), procedures respecting Directive 2008/115/EC of the European Parliament and of the Council (the “Return Directive”)22 or a refusal of entry in accordance with Regulation (EU) 2016/399 without prejudice to the Members States' discretion in accordance with Article 6(5) of Regulation (EU) 2016/399. The screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border. _________________ 22 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24.12.2008, p. 98.
2022/01/26
Committee: LIBE
Amendment 171 #

2020/0278(COD)

Proposal for a regulation
Recital 4
(4) Border control is in the interest not only of the Member States at whose external borders it is carried out but of all Member States which have abolished internal border control. Border control should help to combatreduce illegal migration and trafficking of human beings and to prevent any threat to the Member States’ internal security, public policy, public health and international relations. As such, measures taken at the external borders are important elements of a comprehensive approach to migration, allowing to address the challenge of mixed flows of migrants and persons seeking international protection.
2022/01/26
Committee: LIBE
Amendment 183 #

2020/0278(COD)

Proposal for a regulation
Recital 6
(6) Border guards are often confronted with third-country nationals who are requesting international protection without travel documents, both following apprehension during border surveillance and during checks at the border crossing points. Moreover, at some border sections the border guards are confronted with large numbers of arrivals at the same time. In such circumstances, it is particularly difficult to ensure that all relevant databases are consulted and to immediately determine the appropriate asylum or return procedure.
2022/01/26
Committee: LIBE
Amendment 189 #

2020/0278(COD)

Proposal for a regulation
Recital 7
(7) In order to ensure a swift and better handling of third-country nationals who try to avoiddid not undergo border checks or who request international protection at a border crossing point without fulfilling the entry conditions or who are disembarked following a search and rescue operation, it is necessary to provide a stronger framework for cooperation between the different national authorities responsible for border control, the protection of public healthsafeguarding of fundamental rights, the protection of public health, the management of vulnerable cases, the examination of the need for international protection and the application of return procedures.
2022/01/26
Committee: LIBE
Amendment 199 #

2020/0278(COD)

Proposal for a regulation
Recital 9
(9) With regard to those persons who apply for international protection, the screening should be immediately followed by an examination of the need for international protection. It should allow to collect and share with the authorities competent for that examination any information that is relevant for the latter to identify the appropriate procedure for the examination of the application, thus speeding up that examination. The screening should also ensure that vulnerable persons and persons with specialfic needs are identified at an early stage, so that any special reception and procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure.
2022/01/26
Committee: LIBE
Amendment 208 #

2020/0278(COD)

Proposal for a regulation
Recital 12
(12) The screening should be conducted at or in proximity to the external border, before the persons concerned are authorised to enter the territoryany location within the territory of the Member State, including at locations situated at or in proximity to the external border, provided that the relevant provisions laid out in Directive (EU) XXX/XXX [Reception Conditions Directive recast] can be applied. The Member States should apply measures pursuant to Unational law to prevent the persons concerned from entering the territory during the screening. In individual cases, where requiraccordance with Directive (EU) XXX/XXX [Reception Conditions Directive recast], a Member State shall not decide to hold an applicant in detention until it has individually assessed, this may include detention, subject to the national law regulating that matter. at applicant’s case and effectively considered alternatives to detention or less coercive measures. Deprivation of liberty should always be a measure of last resort and in accordance with Article 5 of the European Convention on Human Rights (ECHR).
2022/01/26
Committee: LIBE
Amendment 231 #

2020/0278(COD)

Proposal for a regulation
Recital 16
(16) On completion of the screening, the third-country nationals concerned should be referred to the relevant procedure to establish responsibility for examining an application for and to assess the need for international protection, or be made subject to procedures respecting Directive 2008/115 (return directive), or be refused entry in accordance with Regulation (EU) 2016/399 without prejudice to Article 6(5) of Regulation(EU) 2016/399 as appropriate. The relevant information obtained during the screening should be provided to the competent authorities to support the further assessment of each individual case, in full respect of fundamental rights. The procedures established by Directive 2008/115 should start applying only after the screening has ended. Article 26 and 27 of the Asylum Procedures Regulation should apply only after the screening has ended. This should be without prejudice to the fact that the persons applying for international protection at the moment of apprehension, in the course of border control at the border crossing point or during the screening, should be considered applicants for international protection to whom Regulation (EU) XXX/XXX [Asylum Procedure Regulation] and Directive (EU) XXX/XXX [Reception Conditions Directive recast] apply.
2022/01/26
Committee: LIBE
Amendment 236 #

2020/0278(COD)

Proposal for a regulation
Recital 17
(17) The screening could also be followed by relocation, including under the mechanism for solidarity established by Regulation (EU) XXX/XXX [Asylum and Migration Management] where a Member State is contributing to solidarity on a voluntary basis or the applicants for international protection are not subject to the border procedure pursuant to Regulation (EU) No. XXX/XXX (Asylum Procedures Regulation), or under the mechanism addressing situations of crisis established by Regulation (EU) XXX/XXX [Regulation on situations of crisis].
2022/01/26
Committee: LIBE
Amendment 238 #

2020/0278(COD)

Proposal for a regulation
Recital 18
(18) In accordance with Article 12 of Regulation (EU) 2016/399, the fulfilment of entry conditions and the authorisation of entry are expressed in an entry stamp in a travel document. The absence of such entry stamp or the absence of a travel document may therefore be considered as an indication that the holder does not fulfil the entry conditions. With the start of the operation of the Entry/Exit System leading to substitution of the stamps with an entry in the electronic system, that presumption will become more reliable. Member States should therefore apply the screening to third-country nationals who are already within the territory and who are unable to prove that they fulfilled the conditions of entry into the territory of the Member States. The screening of such third-country nationals is necessary in order to compensate for the fact that they presumably managed to evade entry checks upon arrival in the Schengen area and therefore could have not been either refused entry or referred to the appropriate procedure following screening. Applying the screening could also help in ascertaining, through the consultation of the databases referred to in this Regulation, that the persons concerned do not pose a threat to internal security. By the end of the screening within the territory, the third-country nationals concerned should be subject to a return procedure or, where they apply for international protection, to the appropriate asylum procedure. Submitting the same third-country national to repeated screenings should be avoided to the utmost extent possible.deleted
2022/01/26
Committee: LIBE
Amendment 244 #

2020/0278(COD)

Proposal for a regulation
Recital 19
(19) The screening should be completed as soon as possible, and should not exceed 5 days where it is conducted at the external border and 3 days where it is conducted within the territory of a Member State. Any extension of the 5 days’ time limit should be reserved for exceptional situations at the external borders, where the capacities of the Member State to handle screenings are exceeded for reasons beyond its control such as crisis situations referred to in Article 1 of Regulation XXX/XXX [crisis proposal].
2022/01/26
Committee: LIBE
Amendment 250 #

2020/0278(COD)

Proposal for a regulation
Recital 20
(20) The Member States should determine appropriate locations for the screening, including at or in proximity to the external border taking into account geography and existing infrastructures, ensuring that apprehended third-country nationals as well as those who present themselves at a border crossing point can be swiftly submitted to the screening. The tasks relaMember States shall guarantede tohat the screening may be carried out in hotspot areas as referred to in point (23) of Article 2 of Regulation (EU) 2019/1896 of the European Parliament and of the Council23 . _________________ 23 Regulation (EU) 2019/1896 of the European Parliamentrelevant reception conditions established by Directive (EU)XXX/XXX [Reception Conditions Directive recast] apply during the screening. Children, families and of the Council of 13 November 2019 on the European Border and Coast Guard, OJ L 295, 14.11.2019, p. 1r vulnerable groups should be prioritised and referred to adequate accommodation immediately after arrival.
2022/01/26
Committee: LIBE
Amendment 256 #

2020/0278(COD)

Proposal for a regulation
Recital 21
(21) In order to achieve the objectives of the screening, close cooperation should be ensured between the competent national authorities referred to in Article 16 of Regulation 2016/399, those referred to in Article 5 of the [Asylum Procedures Regulation] as well as those responsible for carrying out return procedures respecting Directive 2008/115. Child protection authorities should also be closely involved in the screening wherever necessaryn dealing with minors or person claiming to be minors to ensure that the best interests of the child are duly taken into account throughout the screening. Member States should be allowed to avail themselves of the support of the relevant agencies, in particular the European Border and Coast Guard Agency and the [European Union Agency for Asylum], within the limits of their mandates. Member States should involve the national Rapporteurs for Anti- trafficking wherever the screening reveals facts relevant for trafficking in line with Directive 2011/36/EU of the European Parliament and of the Council24 . _________________ 24 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1.
2022/01/26
Committee: LIBE
Amendment 259 #

2020/0278(COD)

Proposal for a regulation
Recital 22
(22) When conducting the screening, the competent authorities should comply with the Charter of Fundamental Rights of the European Union and ensure the respect for human dignity and should not discriminate against persons on grounds of sex, racial, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinions, membership of a national minority, disability, age or sexual orientation. Particular attention should be paid to the best interests of the chil or gender identity. The best interests of the child should always be the primary consideration in any decision affecting children. Since the administrative detention of children for migration purposes is never in the best interests of the child, unaccompanied children and children with families shall never be detained.
2022/01/26
Committee: LIBE
Amendment 271 #

2020/0278(COD)

Proposal for a regulation
Recital 23
(23) In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights, during the screening, each Member State shouldall establish a monitoring mechanism andduring border surveillance, screening, all asylum and return procedures as well as in situations of crisis in the field of migration and asylum. It shall put in place adequate safeguards for the independence thereof. The monitoring mechanism should cover in particular the respect for fundamental rights in relation to the screening, as well as the respect for the applicable national rules regardingand effectiveness thereof, launch investigations where necessary and draw up disciplinary and dissuasive measures. The monitoring mechanism should cover in particular the respect for fundamental rights including the use of detention and compliance with the principle of non- refoulement as referred to in Article 3(b) of Regulation (EU) 2016/399. The Fundamental Rights Agency shouldall establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. Member States shouldall furthermore be allowed to request the support of the Fundamental Rights Agency for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the Fundamental Rights Agency with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. Member States should also be allowed to invite rRelevant and competent national, international and non-governmental organisations and bodies to participate in the monitoring. The independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors provided for in Regulation (EU) 2019/1896. The Member States should investigate allegations of the breach of the fundamental rights during the screening, including by ensuring that complaints are dealt with expeditiously and in an appropriate wadependently.
2022/01/26
Committee: LIBE
Amendment 278 #

2020/0278(COD)

Proposal for a regulation
Recital 24
(24) By the end of the screening, the authorities responsible for the screening should fill in a de-briefing form. The form should be transmitted to the authorities examining applications for international protection, to the authorities competent for return or to the authorities competent for returnfusal of entry – depending on whom the individual is referred to. In the former case, the authorities resThis should be without prejudice to the ponssible for the screening should also indicate any elements which may seem to be relevant for determining whether the competent authorities should submit the application of theility of Member States to authorise third country nationals to enter and or remain on the territory for other grounds under national, Union or international law. Member States shall ensure that all third- country national concerned to an accelerated examination procedure or to the border procedures subject to the screening are duly informed by qualified and trained staff about their rights and the possibility to apply for international protection.
2022/01/26
Committee: LIBE
Amendment 282 #

2020/0278(COD)

Proposal for a regulation
Recital 24 a (new)
(24 a) Member States should ensure that the procedure of the de-briefing is accompanied by formal procedural safeguards. All third country nationals should have the possibility to challenge the information recorded in the de- briefing form and have access to an effective legal remedy regarding the outcome of the screening.
2022/01/26
Committee: LIBE
Amendment 289 #

2020/0278(COD)

Proposal for a regulation
Recital 26
(26) A preliminary health examination should be carried out on all persons submitted to the screening at the external borders with a view to identifying persons in need of immediate care or requiring other measures to be taken, for instance isolation on public health grounds. The specific needs of minors and vulnerable persons should be taken into account. If it is clear from the circumstances that such examination is not needed, in particular because the overall condition of the person appears to be very good, the examination should not take place and the person concerned should be informed of that fact. The preliminary health examination should be carried out by the qualified health authorities of the Member State concerned. With regard to third-country nationals apprehended within the territory, the preliminary medical examination should be carried out where it is deemed necessary at first sight.
2022/01/26
Committee: LIBE
Amendment 291 #

2020/0278(COD)

Proposal for a regulation
Recital 26 a (new)
(26 a) Third country nationals submitted to the screening shall be subject to a preliminary vulnerability check with a view to identifying any vulnerabilities or specific procedural and reception needs within the meaning of point 13 of Article 2(1) of Directive (EU) XXX/XXX [Reception Conditions Directive]. This preliminary vulnerability check should be without prejudice to a full vulnerability assessment in the next procedure as referred to in Article 21 of that Directive.
2022/01/26
Committee: LIBE
Amendment 297 #

2020/0278(COD)

Proposal for a regulation
Recital 27
(27) During the screening, all persons concerned shouldall be guaranteed a standard of living complying with the Charter of Fundamental Rights of the European Union and have access to emergency health care and essential treatment of illnesses. Particular attention should be paid to individuals with vulnerabilities, such as pregnant women, elderly persons, single parent families, persons with an immediately identifiable physical or mental disability, persons visibly having suffered psychological or physical trauma and unaccompanied minorsthe same reception conditions apply during the screening as those established by Directive XXX/XXX/EU [Reception Conditions Directive recast] , including access to emergency health care and essential treatment of illnesses. Particular attention should be paid to individuals with vulnerabilities, such as listed in Article 20 of Directive(EU) XXX/XXX (Reception Conditions Directive). In particular, in case of a minor, information should be provided in a child-friendly and age appropriate manner. All the authorities involved in the performance of the tasks related to the screening should respect human dignity, privacy, and refrain from any discriminating actions or behaviour.
2022/01/26
Committee: LIBE
Amendment 306 #

2020/0278(COD)

Proposal for a regulation
Recital 29
(29) The Common Identity Repository (“CIR”) was established by Regulation (EU) 2019/817 of the European Parliament and of the Council (Interoperability Regulation)25 to facilitate and assist in the correct identification of persons registered in the Entry/Exit System (“EES”), the Visa Information System (“VIS”), the European Travel Information and Authorisation System (“ETIAS”), Eurodac and in the European Criminal Records Information System for third country nationals (“ECRIS-TCN”), including of unknown persons who are unable to identify themselves. For that purpose, the CIR contains only the identity, travel document and biometric data recorded in EES, VIS, ETIAS, Eurodac and ECRIS-TCN, logically separated. Only the personal data strictly necessary to perform an accurate identity check is stored in the CIR. The personal data recorded in the CIR is kept for no longer than strictly necessary for the purposes of the underlying systems and shouldall automatically be deleted where the data are deleted from the underlying systems. Consultation of the CIR enables a reliable and exhaustive identification of persons, by making it possible to consult all identity data present in the EES, VIS, ETIAS, Eurodac and ECRIS-TCN in one go, in a fast and reliable manner, while ensuring a maximum protection of the data and avoiding unnecessary processing or duplication of data. _________________ 25 Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA, OJ L 135, 22.5.2019, p. 27.
2022/01/26
Committee: LIBE
Amendment 312 #

2020/0278(COD)

Proposal for a regulation
Recital 32
(32) Given that many persons submitted to the screening may not carry any travel documents, the authorities conducting the screening should have access to any other relevant documents held by the persons concerned in cases where the biometric data of such persons are not usable or yield no result in the CIR. The authorities should also be allowed to use data from those documents, other than biometric data, to carry out checks against the relevant databases, albeit in full compliance with GDPR.
2022/01/26
Committee: LIBE
Amendment 318 #

2020/0278(COD)

Proposal for a regulation
Recital 33
(33) The identification of persons during border checks at the border crossing point and any consultation of the databases in the context of border surveillance or police checks in the external border area by the authorities who referred the person concerned to the screening should be considered as part of the screening and should not be repeated, unless there are specialextraordinary circumstances duly justifying such repetition.
2022/01/26
Committee: LIBE
Amendment 321 #

2020/0278(COD)

Proposal for a regulation
Recital 34
(34) In order to ensure uniform conditions for the implementation of Articles 11(5) and 12(5) of this Regulation, implementing powersthe power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be conferrdelegated ton the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council26 . For the adoption of relevant implementing acts, the examination procedure should be used. _________________ 26 Reg in respect of: - the procedure and specifications for retrieving data, processing and using data according to Article 11(5), - the procedure for cooperation between the authorities responsible for carrying out the screening, Interpol National Central Bureaux, Europol national unit, and ECRIS-TCN central authorities, respectively, to determine the risk to internal security according to Articles 12(5). It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of thes be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member State' experts, and their experts systematically have access to meetings of Commission's expercise of implementing power (OJ L 55, 28.2.2011, p. 13)t groups dealing with the preparation of delegated acts.
2022/01/26
Committee: LIBE
Amendment 323 #

2020/0278(COD)

Proposal for a regulation
Recital 35
(35) The screening should also assess whether the entry of the third-country nationals into the Union could pose a threat to internal security or to public policy.
2022/01/26
Committee: LIBE
Amendment 339 #

2020/0278(COD)

Proposal for a regulation
Recital 41
(41) Where justified for the purpose of the security check, the screening could also include verification of objects in the possession of third-country nationals, in accordance with national law and GDPR. Any measures applied in this context should be proportionate and should respect the human dignity of the persons subject to the screening. The authorities involved should ensure that the fundamental rights of the individuals concerned are respected, including the right to protection of personal data and freedom of expression as well as child-specific safeguards whenever children are involved.
2022/01/26
Committee: LIBE
Amendment 342 #

2020/0278(COD)

Proposal for a regulation
Recital 42
(42) Since access to EES, ETIAS, VIS and ECRIS-TCN is necessary for the authorities designated to carry out the screening in order to establish whether the person could pose a threat to the internal security or to public policy, Regulation (EC) No 767/2008, Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EC) No 2019/816, respectively, should be amended to provide for this additional access right which is currently not provided by those Regulations. In the case of Regulation (EU) No 2019/816, this amendment should for reasons of variable geometry take place through a different regulation than the present one.
2022/01/26
Committee: LIBE
Amendment 348 #

2020/0278(COD)

Proposal for a regulation
Recital 45
(45) Since the objectives of this Regulation, namely the strengthening of the controreferral of persons who are about to enter the Schengen area and their referral to the appropriate procedures, the preliminary identification of individuals in situations of vulnerability and in need of health care, as well as those posing a threat to internal security. As this cannot be achieved by Member States acting alone, it is necessary to establish common rules at Union level. Thus, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
2022/01/26
Committee: LIBE
Amendment 365 #

2020/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2
The purpose of the screening shall be the strengthening of the controreferral of persons who are about to enter the Schengen area and their referral to the appropriate procedures, the preliminary identification of individuals in situations of vulnerability and in need of health care, as well as those posing a threat to internal security.
2022/01/26
Committee: LIBE
Amendment 373 #

2020/0278(COD)

Proposal for a regulation
Article 1 – paragraph 3
The object of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that the persons subject to it do not pose a threat to internal security. The screening shall also entail preliminary health checks, where appropriate, to identify persons vulnerable and those with specific reception or procedural needs, and in the need of health care as well the ones posing a threat to public health. Those checks shall contribute to referring such persons to the appropriate procedure.
2022/01/26
Committee: LIBE
Amendment 376 #

2020/0278(COD)

Proposal for a regulation
Article 1 – paragraph 4
The screening shall also be carried out within the territory of the Member States where there is no indication that third- country nationals have been subject to controls at external borders.deleted
2022/01/26
Committee: LIBE
Amendment 389 #

2020/0278(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
5 a. ‘stateless person’ means a stateless person as laid down in Article 1 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954;
2022/01/26
Committee: LIBE
Amendment 394 #

2020/0278(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 c (new)
5 c. ‘guardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to safeguarding the best interest of the child, and his or her well-being, and exercising legal capacity for the minor where necessary, as defined in Article 4(2)(f) of Regulation (EU) XXX/XXX (Asylum Procedures Regulation);
2022/01/26
Committee: LIBE
Amendment 401 #
2022/01/26
Committee: LIBE
Amendment 429 #

2020/0278(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. During the screening, the persons referred to in Article 3, paragraphs 1 and 2 shall not be authorised to enter the territory of a Member State. However, those persons should always be granted the right to remain on the territory of a Member State during the screening procedure and to be treated in accordance with recognised basic human standards in accordance with Article 31 of the Geneva Convention (1951).
2022/01/26
Committee: LIBE
Amendment 431 #

2020/0278(COD)

Proposal for a regulation
Article 4 – paragraph 1 a (new)
1 a. While the persons referred to in Article 3 must remain available to the authorities carrying out the screening, they shall not be detained for the sole reason of undergoing screening. Member States should first consider measures to restrict the freedom of movement of those persons as provided in Article 7 of Directive XXX/XXX/EU [Reception Conditions Directive recast], or should have recourse to other alternatives to detention. Such alternatives should be available both in law and in fact at national level and may be provided, in particular, for applicants with special reception needs, in particular for families with children or other vulnerable persons. Member State can only decide to hold an applicant in detention until it has individually assessed that applicant’s case and effectively considered alternatives to detention or less coercive measures, and on no other grounds than in accordance with Directive (EU) XXX/XXX [Reception Conditions Directive recast]. Such decisions should be subject to judicial oversight. The responsible authorities should consider alternatives to detention, in particular for minors and applicants with specific vulnerabilities. Where possible, minors should be accommodated in non-custodial community-based placements while their immigration status is being resolved. Unaccompanied minors and children with families shall never be detained and shall be placed in appropriate alternative care settings in the national child protection system in line with their best interests and taking into account their views.
2022/01/26
Committee: LIBE
Amendment 441 #

2020/0278(COD)

Proposal for a regulation
Article 5
Screening within the territory Member States shall apply the screening to third-country nationals found within their territory where there is no indication that they have crossed an external border to enter the territory of the Member States in an authorised manner.Article 5 deleted
2022/01/26
Committee: LIBE
Amendment 449 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. In the cases referred to in Article 3, the screening shall be conducted at a locations situated at or in proximity to the external border within the territory of the Member State, including situated at or in proximity to the external borders, provided that the relevant provisions laid down in Articles 5, 6, 6a, 7, 8, 9, 10, 11, 12, 16, 17, 18, 20, 21, 22, 23, 24 of Directive XXX/XXX/EU [Reception Conditions Directive recast] can be applied in these locations. Particular attention shall be paid to specific procedural and reception needs, in line with the Article 20 of that directive. Facilities used for the purposes of screening shall be entirely funded from the Union budget. This shall include the construction, running and renovation of current and future facilities.
2022/01/27
Committee: LIBE
Amendment 457 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. In the cases referred to in Article 5, the screening shall be conducted at any appropriate location within the territory of a Member State.deleted
2022/01/27
Committee: LIBE
Amendment 460 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 3 – introductory part
3. In the cases referred to in Article 3, the screening shall be carried out without delay and shall in any case be completed within 5 days from the apprehension in the external border area, the disembarkation in the territory of the Member State concerned or the presentation at the border crossing point. In exceptional circumstances, where a disproportionate number of third-country nationals needs to be subject to the screening at the same time, making it impossible in practice to conclude the screening within that time- limit, the period of 5 days may be extended by a maximum of an additional 5 days.
2022/01/27
Committee: LIBE
Amendment 470 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 4
4. Member States shall notify the Commission without delay about the exceptional circumstances referred to in paragraph 3. They shall also inform the Commission as soon as the reasons for extending the screening period have ceased to exist.deleted
2022/01/27
Committee: LIBE
Amendment 475 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 5
5. The screening referred to in Article 5 shall be carried out without delay and in any case shall be completed within 3 days from apprehension.deleted
2022/01/27
Committee: LIBE
Amendment 479 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 6 – point b
(b) identification as referred to in Article 10; where an individual claims not to have any nationality or when there are reasonable grounds to believe an individual may be stateless, this should be clearly registered pending a full determination of whether the individual is stateless in a separate procedure;
2022/01/27
Committee: LIBE
Amendment 480 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 6 – point b a (new)
(b a) a preliminary vulnerability check as referred to in Article 9a;
2022/01/27
Committee: LIBE
Amendment 487 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 6 – point f
(f) referral to the appropriate procedure or refusal of entry as referred to in Article 14.
2022/01/27
Committee: LIBE
Amendment 489 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 7 – introductory part
7. Member States shall designate qualified and competent border authorities to carry out the screening, including asylum authorities and border police, to carry out the identification and security checks and shall ensure that the staff of those competent authorities have received the appropriate training in accordance with Article 18 of Regulation (EU) XXX/XXX [EU Asylum Agency]. They shall deploy appropriate staff and sufficient resources to carry out the screening in an efficient way and within the foreseen timeframe.
2022/01/27
Committee: LIBE
Amendment 492 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 7 – subparagraph 1
Member States shall designate qualified and appropriately trained medical staff to carry out the health check provided for in Article 9. National child protection authorities and national anti- trafficking rapporteurs shall also be involved, where appropriate as well as qualified and appropriately trained staff to carry out the vulnerability check provided for in Article 9a. In cases of scarce ressources, national authorities can apply for financial support from the EU budget. Each Member State shall notify the Commission of the authorities listed above. Member States shall inform the Commission of any changes in the identity of such authorities.
2022/01/27
Committee: LIBE
Amendment 496 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 7 – subparagraph 1 a (new)
Member States shall ensure that a legal guardian is appointed when an unaccompanied minor, or a person declaring to be an unaccompanied minor, as soon as the screening starts. For the sake of coherence and consistency, and if this is in the best interest of the child, the guardian should remain the same one in the subsequent procedure. National child protection authorities and national anti- trafficking rapporteurs shall also be involved when the screening is undertook on a minor, whether unaccompanied or not.
2022/01/27
Committee: LIBE
Amendment 499 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 7 – subparagraph 2
The proper functionning of screening and its compliance with the Charter of Fundamental Rights inherently depends on the availability of adequate and qualified staff at all stages of the procedure. The competent authorities mayshall therefore be assisted or supported in the performance of the screening by experts or liaison officers and teams deployed by Union bodies, offices and agencies, international organisations and non- governmental organisations, in particular the European Border and Coast Guard Agency and the [European Union Agency for Asylum] within the limits of their mandates. In particular, this shall be the case when the Member State is faced with a situation of mass influx of persons arriving and where its operational structure and asylum system is overburdened. The Commission should also assist the competent authorities in planning the allocation of qualified staff, with a view to ensuring a level playing field in all Member State. Where a Union body, office or agency deems it necessary to propose support to a specific Member State, that Member State should take due account of that proposal and should be able to accept, amend or reject it.
2022/01/27
Committee: LIBE
Amendment 504 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 7 a (new)
7 a. Third country nationals shall be informed of their right to access free legal advice or counselling during the screening and Member States shall enable such access if the third country nationals request so orally or in writing.
2022/01/27
Committee: LIBE
Amendment 508 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Member States shall adopt relevant provisions to investigate allegations of non-respect for fundamental rights in relation to tduring border surveillance, screening, all asylum and return procedures as well as in situations of crisis in the field of migration and asylum. They screeninghall draw up clear and proportionate disciplinary measures under national law in case allegations prove to be true.
2022/01/27
Committee: LIBE
Amendment 526 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – indent 1
— to ensure compliance with EU and international law, including the Charter of Fundamental Rights, during the screening;
2022/01/27
Committee: LIBE
Amendment 533 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – indent 2
— where applicable, to ensure compliance with Union and national rules on detention of the person concerned, in particular concerning the grounds, conditions and the duration of the detention;
2022/01/27
Committee: LIBE
Amendment 540 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – indent 3
— to ensure that allegations of non- respect for fundamental rights in relation to the screening, including in relation to access to the asylum procedure and non- compliance with the principle of non- refoulement, are dealt with effectively and without undue delaythe best interest of the child, right to health care, data protection and reception conditions are dealt with effectively and without undue delay. Access to justice for affected individuals shall be clarified.
2022/01/27
Committee: LIBE
Amendment 547 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph -1 (new)
-1 Monitoring shall apply to national authorities as well as any EU agencies and bodies involved in the above mentionned procedures. Member States shall invite relevant and independent national, international and non- governmental organisations and bodies, including data protection authorities, to actively participate in the monitoring. Member States shall give the monitoring authorities unhindered access to relevant documents and facilities.
2022/01/27
Committee: LIBE
Amendment 552 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Member States shall put in place adequate safeguards to guarantee the independence of the mechanism, in line with criteria recognised under relevant international human rights law and standards. These safeguards shall include selecting independent relevant national and international actors, including at least one representative from the Fundamental Rights Agency (FRA) and one representative from the EU Ombudsman or national ombudspersons, to review the independence of the mechanism on an annual basis and report back to the Commission, the Council and the European Parliament.
2022/01/27
Committee: LIBE
Amendment 560 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
The Fundamental Rights Agency shall issue general guidance for Member States on the setting up of such mechanism and its independent functioning. Furthermore, Member States mayshould request the Fundamental Rights Agency to support them in developing their national monitoring mechanism, including the safeguards for independence of such mechanisms, as well as the monitoring methodology and appropriate training schemes.
2022/01/27
Committee: LIBE
Amendment 568 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Member States may invite relevant national, international and non- governmental organisations and bodies to participate in the monitoring.deleted
2022/01/27
Committee: LIBE
Amendment 576 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3 a (new)
If needed, the mechanism should be able to receive funding via the Integrated Border Management Fund (IBMF) or any other relevant EU fund.
2022/01/27
Committee: LIBE
Amendment 584 #

2020/0278(COD)

Proposal for a regulation
Article 8 – paragraph 1 – introductory part
1. Third-country nationals subject to the screening shall be succinctly and adequately informed about the purpose and the modalities of the screening:
2022/01/27
Committee: LIBE
Amendment 590 #

2020/0278(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point b
(b) the rights and obligations of third country nationals during the screening, including the possibility to contact and be contacted by organisations which provide information and legal assistance as referred to in Article 8(4) as well as the obligation on them to remain in the designated facilities during the screening.
2022/01/27
Committee: LIBE
Amendment 607 #

2020/0278(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point a
(a) the applicable rules on the conditions of entry for third-country nationals in accordance with Regulation (No) 2016/399 [Schengen Border Code], as well as on other conditions of entry, stay and residence of the Member State concerned, to the extent this information has not been given already;
2022/01/27
Committee: LIBE
Amendment 609 #

2020/0278(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point b
(b) where they have applied, or there are indications that they wish to apply, for international protection, information on the obligation to apply for international protection in the Member State of first entry or legal stay set out in Article [9(1) and (2)] of Regulation (EU) No XXX/XXX [ex-Dublin Regulation], the consequences of non- compliance set out in Article [10(1)] of that Regulation, and the information set out in Article 11 of that Regulation as well as on the procedures that follow the making of an application for international protection;
2022/01/27
Committee: LIBE
Amendment 616 #

2020/0278(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. The information provided during the screening shall be given in a language and format which the third-country national understands or is reasonably supposed to understand. The information shall be given in writing and, in exceptional circumstances, where necessary, orally using interpretation services where necessary. It shall be provided in an appropriate manner taking into account the age and the gender of the person. When the person is a child, information shall be provided in a child- friendly manner.
2022/01/27
Committee: LIBE
Amendment 626 #

2020/0278(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. Member States mayshall authorise relevant and competent national, international and non-governmental organisations and bodies to provide third country nationals with information under this article and legal advice during the screening according to the provisions established by national law.
2022/01/27
Committee: LIBE
Amendment 631 #

2020/0278(COD)

Proposal for a regulation
Article 9 – title
Health checks and vulnerabilitiePreliminary health checks
2022/01/27
Committee: LIBE
Amendment 633 #

2020/0278(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Third-country nationals submitted to the screening referred to in Article 3 shall be subject to a preliminary medical examination by qualified medical staff with a view to identifying any needs for immediate care or isolation on public health grounds, unless, based on the circumstances concerning the general state of the individual third-country nationals concerned and the grounds for directing them to the screening, the relevant competent authorities are satisfied that no preliminary medical screening is necessary. In that case, they shall inform those persons accordinglyand long-term care, as well as isolation on public health grounds.
2022/01/27
Committee: LIBE
Amendment 641 #

2020/0278(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Where relevantIn addition, it shall be checked whether persons referred to in paragraph 1 are in a vulnerable situation, which can include victims of torture or have special reception or procedural needs within the meaning of Article 20 of the [recast] Reception Conditions Directive.
2022/01/27
Committee: LIBE
Amendment 643 #

2020/0278(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. Where there are indications of vulnerabilities or special reception or procedural needs, the third-country national concerned shall receive timely and adequate support in view of their physical and mental health. In the case of minors, support shall be given by personnel trained and qualified to deal with minors, and in cooperation with child protection authorities.deleted
2022/01/27
Committee: LIBE
Amendment 650 #

2020/0278(COD)

Proposal for a regulation
Article 9 – paragraph 4
4. Where it is deemed necessary based on the circumstances, third-country nationals submitted to the screening referred to in Article 5 shall be subject to a preliminary medical examination, notably to identify any medical condition requiring immediate care, special assistance or isolation.deleted
2022/01/27
Committee: LIBE
Amendment 654 #

2020/0278(COD)

Proposal for a regulation
Article 9 a (new)
Article 9 a Preliminary vulnerability check 1. Third-country nationals submitted to the screening referred to in Article 3 shall be subject to a preliminary vulnerability check with a view to identifying any vulnerabilities or specific procedural and reception needs within the meaning of Article 2(1), point 13 of Directive (EU) XXX/XXX [Reception Conditions Directive recast]. This preliminary vulnerability check should be without prejudice to a full vulnerability assessment in the next procedure as referred to in Article 21 of that Directive. 2. The vulnerability check shall be done by staff trained specifically for that purpose and in line with the list in Article 20 of Directive (EU) XXX/XXX [Reception Conditions Directive recast]. It shall be ensured that there is sufficient staff to carry out these checks thoroughly and efficiently. 3. Where there are initial indications of vulnerabilities or specific reception or procedural needs, it must be ensured that the third-country national concerned receives timely and adequate support in view of their physical and mental health during the screening process and that this is continued in the next procedure the person is referred to. If screening measures amount to detention, alternatives to detention or less coercive measures shall apply. 4. Initial indications of vulnerabilities or specific reception or procedural needs must be indicated clearly on the de- briefing form.
2022/01/27
Committee: LIBE
Amendment 656 #

2020/0278(COD)

Article 9 b Special guarantees for unaccompanied minors 1. The best interest of the child shall be the primary concern at every step of the screening, in line with the safeguards provided for in Directive (EU) XXX/XXX [Reception Conditions Directive recast], in particular Articles 11, 12, 13, 14, 20, 21, 22 and 23. 2. Minors, whether accompanied or unaccompanied, shall be considered applicants in need of specific procedural guarantees. 3. The appointed guardians of non- accompanied minors as referred to in Article 6 of this Regulation shall have the necessary qualifications and expertise and receive continuous and appropriate training to that end, and shall not have a verified criminal record, with particular regard to any of child-related crimes or offences. After his or her appointment, the guardian’s criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role. 4. Screening shall not entail an age assessment procedure.
2022/01/27
Committee: LIBE
Amendment 661 #

2020/0278(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point b
(b) data or information provided by or obtained from the third-country national concerned; and
2022/01/27
Committee: LIBE
Amendment 663 #

2020/0278(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point c
(c) biometric data, as defined in Regulation (EU) XXX/XXX [Eurodac Regulation];
2022/01/27
Committee: LIBE
Amendment 671 #

2020/0278(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. For the purpose of the identification referred to in paragraph 1, the designated competent authorities shall query any relevant national databases as well as the common identity repository (CIR) referred to in Article 17 of Regulation (EU) 2019/817. The biometric data of a third- country national taken live during the screening, as well as the identity data and, where available, travel document data shall be used to that end.
2022/01/27
Committee: LIBE
Amendment 674 #

2020/0278(COD)

Proposal for a regulation
Article 10 – paragraph 4 a (new)
4 a. Querying the CIR shall be limited to pure consultation. Storage or use of data for other purposes than identifying the individual shall be strictly prohibited.
2022/01/27
Committee: LIBE
Amendment 678 #

2020/0278(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Third country nationals submitted to the screening pursuant to Article 3 or Article 5 shall undergo a security check to verify that they do not constitute a threat to internal security. The security check may cover both the third-country nationals and the objects in their possession. The law of the Member State concerned shall apply to any searches carried out, the principles of necessity and proportionality as well as GDPR shall apply to any searches carried out and shall be scrutinised by the fundamental rights monitoring mechanism set up under Article 7 of this Regulation.
2022/01/27
Committee: LIBE
Amendment 682 #

2020/0278(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. For the purpose of conducting the security check referred to in paragraph 1, and to the extent that they have not yet done so in accordance with Article 8(3), point (a)(vi), of Regulation (EU) 2016/399, the competent authorities designated to carry out the screening shall query relevant national and Union databases, in particular the Schengen Information System (SIS).
2022/01/27
Committee: LIBE
Amendment 685 #

2020/0278(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. To the extent it has not been already done during the checks referred to in Article 8 of Regulation (EU) 2016/399, the designated competent authority shall query the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), including the ETIAS watch list referred to in Article 29 of Regulation (EU) 2018/1240, the Visa Information System (VIS), the ECRIS- TCN system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned, the Europol data processed for the purpose referred to in Article 18(2), point (a), of Regulation (EU) 2016/794, and the Interpol Travel Documents Associated with Notices database (Interpol TDAWN) with the data referred to in Article 10(1) and using at least the data referred to under point (c) thereof.
2022/01/27
Committee: LIBE
Amendment 689 #

2020/0278(COD)

Proposal for a regulation
Article 11 – paragraph 5
5. The Commission shall adopt implementingdelegated acts setting out the detailed procedure and specifications for retrieving data. Those implementing, processing and using data. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
2022/01/27
Committee: LIBE
Amendment 691 #

2020/0278(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. The queries provided for in Article 10(2) and in Article 11(2) mayshall be launched using, for queries related to EU information systems and the CIR, the European Search Portal in accordance with Chapter II of Regulation (EU) 2019/817 and with Chapter II of Regulation (EU) 2019/81836 . _________________ 36 Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration, OJ L 135, 22.5.2019, p. 85.
2022/01/27
Committee: LIBE
Amendment 701 #

2020/0278(COD)

Proposal for a regulation
Article 12 – paragraph 5
5. The Commission shall adopt implementingdelegated acts to specify the procedure for cooperation between the authorities responsible for carrying out the screening, Interpol National Central Bureaux, Europol national unit, and ECRIS-TCN central authorities, respectively, to determine the risk to internal security. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
2022/01/27
Committee: LIBE
Amendment 706 #

2020/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
On completion of the screening, the competent authorities shall, with regard to the persons referred to in Article 3 and in Article 5, complete the form in Annex I containing:
2022/01/27
Committee: LIBE
Amendment 712 #

2020/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b
(b) initial indication of nationalities or statelessness, countries of residence prior to arrival and languages spoken;
2022/01/27
Committee: LIBE
Amendment 715 #

2020/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b a (new)
(b a) relevant information on the preliminary health checks, in accordance with GDPR;
2022/01/27
Committee: LIBE
Amendment 716 #

2020/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b b (new)
(b b) relevant information of the preliminary vulnerabilities check as well as specific reception or procedural needs identified and /or the checks that were not completed during the screening procedure;
2022/01/27
Committee: LIBE
Amendment 719 #

2020/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point c
(c) reason for unauthorised arrival, entry, and, where appropriate illegal stay or residencecircumstances of arrival, entry, including information on whether the person made an application for international protection;
2022/01/27
Committee: LIBE
Amendment 727 #

2020/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point e
(e) information on assistance provided by a person or a criminal organisation in relation to unauthorised crossing of the border, and any related information in cases of suspected smuggling.deleted
2022/01/27
Committee: LIBE
Amendment 730 #

2020/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point e a (new)
(e a) information on family members or close adult relatives present in the EU as defined in Directive (EU) XXX/XXX [Reception Conditions Directive recast];
2022/01/27
Committee: LIBE
Amendment 733 #

2020/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 a (new)
The de-briefing form is an administrative decision amenable to appeal. The person shall be advised about appeal channels and receive a copy of the de-briefing form before the form is transmitted to the authorities and be able to review, rectify and challenge the information provided in the de-briefing form.
2022/01/27
Committee: LIBE
Amendment 747 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 1
— have not expressed their wish to appliedy for international protection and
2022/01/27
Committee: LIBE
Amendment 753 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 2 a (new)
- are not eligible to enter or remain on the territory for any other ground under Member State legislation, Union or international law;
2022/01/27
Committee: LIBE
Amendment 762 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
In cases not related to search and rescue operations, entry may be refused in accordance with the full procedure laid down in Article 14 of Regulation 2016/399.
2022/01/27
Committee: LIBE
Amendment 765 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3 a (new)
In cases affecting minors, the best interests of the child shall be the primary consideration. This requires that procedures respecting Directive (EU) 2008/115/EC (Return Directive) may only be applied after a documented best interests of the child procedure is carried out by a multidisciplinary team assessing and identifying a durable solution. If the procedure concludes that return is considered to be in the best interests of the child, priority should be given to implementation through voluntary departure with child-specific assistance.
2022/01/27
Committee: LIBE
Amendment 768 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. Third-country nationals who made an application for international protection shall be referred to the asylum authorities referred to in Article XY of Regulation (EU) No XXX/XXX [Asylum Procedure Regulation], together with the form referred to in Article 13 of this Regulation. On that occasion, the authorities conducting the screening shall point in the de-briefing form to any elements which seem at first sight to be relevant to refer the third-country nationals concerned into the accelerated examination procedure or the border procedure.
2022/01/27
Committee: LIBE
Amendment 772 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. The third-country nationals referred to in Article 5, who — have not applied for international protection and — with regard to whom the screening has not revealed that they fulfil the conditions for entry and stay shall be subject to return procedures respecting Directive 2008/115/EC.deleted
2022/01/27
Committee: LIBE
Amendment 777 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. Where third-country nationals submitted to the screening in accordance with Article 5 make an application for international protection as referred to in Article 25 of Regulation (EU) No XXX/XXX (Asylum Procedures Regulation), paragraph 2 of this Article shall apply accordingly.deleted
2022/01/27
Committee: LIBE
Amendment 783 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 7
7. Where the third country nationals referred to in Article(s) 3(1) and Article 5 are referred to an appropriate procedure regarding asylum or return, return or refusal of entry, the screening ends. Where not all the checks have been completed within the deadlines referred to in Article 6(3) and (5), the screening shall nevertheless end with regard to that person, who shall be referred to a relevant procedurethen automatically be referred to the ordinary asylum procedure laid down in Regulation (EU) XXX/202X (Asylum Procedures Regulation).
2022/01/27
Committee: LIBE
Amendment 787 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 7 a (new)
7 a. The third-country national concerned shall be afforded an effective remedy to appeal against or seek review of the outcome of the screening in accordance with national law. A written indication of contact points able to provide information on representatives competent to act on behalf of the third- country national in accordance with national law shall also be given to the third-country national in a language that they understand. The appeal shall be lodged immediately after the referral has been communicated to the third-country national. Lodging such an appeal shall not have suspensive effect on the referral of the third country national to the subsequent procedure. The appeal shall be processed rapidly and its outcome communicated in writing to the third- country national.
2022/01/27
Committee: LIBE
Amendment 803 #

2020/0278(COD)

Proposal for a regulation
Article 20 – paragraph 1
[Three year18 months after entry into force, the Commission shall report on the implementation of the measures set out in this Regulation.]
2022/01/27
Committee: LIBE
Amendment 807 #

2020/0278(COD)

Proposal for a regulation
Article 20 – paragraph 2
No sooner than [fivthree] years after the date of application of this Regulation, and every five years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. Member States shall provide the Commission all information necessary for the preparation of that report, at the latest six months before the [five] years’ time limit expires.
2022/01/27
Committee: LIBE
Amendment 810 #

2020/0278(COD)

Proposal for a regulation
Annex 1 – point 5
5.Nationality/ies or statelessness (initial indication):
2022/01/24
Committee: LIBE
Amendment 812 #

2020/0278(COD)

Proposal for a regulation
Annex 1 – point 7
7.Reason to perform screeningfor which the screening was performed: A. Irregular entry Please specify also, as appropriate: no/forged/ falsified travel document, no/forged/ falsified visa or travel authorisation, other B. Arrival via search and rescue C. Application for international protection at a Border Crossing Point D. no indication of a border check at an external border: □ no stamp in a travel document/no entry in the Entry Exit System □ no travel documenteleted Deleted Deleted
2022/01/24
Committee: LIBE
Amendment 814 #

2020/0278(COD)

Proposal for a regulation
Annex 1 – point 8a (new)
8a. Preliminary health check were carried out: □ Yes □ No If yes, please provide relevant results: Immediate care provided: □ Yes □ No Isolation on public health grounds: □ Yes □ No If yes, provide dates, specific grounds, location
2022/01/24
Committee: LIBE
Amendment 815 #

2020/0278(COD)

Proposal for a regulation
Annex 1 – point 8b (new)
8b. Preliminary vulnerabilities check carried out □ Yes □ No If yes, specific reception or procedural needs identified and /or the checks that were not completed during the screening procedure:
2022/01/24
Committee: LIBE
Amendment 816 #

2020/0278(COD)

Proposal for a regulation
Annex 1 – point 8c (new)
8c. Family members or close relatives present in the EU: □ Yes □ No If yes, please provide details of the relevant family members or close relatives and the relevant Member State.
2022/01/24
Committee: LIBE
Amendment 817 #

2020/0278(COD)

Proposal for a regulation
Annex 1 – point 10
10. Immediate care provided: □ Yes □Deleted No
2022/01/24
Committee: LIBE
Amendment 821 #

2020/0278(COD)

Proposal for a regulation
Annex 1 – point 11
11. Isolation on public health grounds: □ Yes □ If yes, please provide dates, specific grounds, location:Deleted No
2022/01/24
Committee: LIBE
Amendment 826 #

2020/0278(COD)

Proposal for a regulation
Annex 1 – point 13
13. Assistance provided for remuneration by third person or organisation in relation to irregular crossing of the border and any related information in case of suspected smuggling:Deleted
2022/01/24
Committee: LIBE
Amendment 827 #

2020/0278(COD)

Proposal for a regulation
Annex 1 – point 16a (new)
16a. Comments and approval by designated interpretation services: Signature/s of official interpreter/s (name + service):
2022/01/24
Committee: LIBE
Amendment 86 #

2020/0277(COD)

Proposal for a regulation
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL addressing situations of crisis and force majeure in the field of migration and asylum (Text with EEA relevance)
2022/01/28
Committee: LIBE
Amendment 96 #

2020/0277(COD)

Proposal for a regulation
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and external border control, based on solidarity and shared responsibility between Member States, which is fair towards third- country nationals.
2022/01/28
Committee: LIBE
Amendment 107 #

2020/0277(COD)

Proposal for a regulation
Recital 3
(3) The comprehensive approach should bring together policies in the areas of asylum, migration management, returns, external border protection and partnership with relevant third countries, recognising that the effectiveness of the overall approach depends on all components being jointly addressed and in an integrated manner. The comprehensive approach should ensure that the Union hasworks externally to manage migration and has also internally at its disposal specific rules to effectively manage migration including the triggering of a compulsory solidarity mechanism and thatin which all the necessary measures are put in place to prevent crisis to happen.
2022/01/28
Committee: LIBE
Amendment 116 #

2020/0277(COD)

Proposal for a regulation
Recital 4
(4) Notwithstanding the putting in place of the necessary preventive measures, it cannot be excluded that a situation of crisis or force majeure in the field of migration and asylum arises due to circumstances beyond the control of the Union and its Member States.
2022/01/28
Committee: LIBE
Amendment 120 #

2020/0277(COD)

Proposal for a regulation
Recital 5
(5) This Regulation should contribute to and complete the comprehensive approach by setting out the specific procedures and mechanisms in the field of international protection and return that should apply in the exceptional circumstances of a situation of crisis. It should ensure, in particular, the effective application of the principle preparedness to alleviate pressure on the external borders of the Union in situations of mass influx of persons crossing the border irregularly and put operational cooperation structures in place to prevent that this would overburden the asylum systems of the Member States. In such situations of crisis, Member States shall work together in a spirit of solidarity and fair sharing of responsibility andthrough the adaptation of the relevant rules on asylum and return procedures, so that the Member States and the Union have the necessary tools at their disposal including sufficient time to carry out those procedures. This Regulation should be triggered complementary to the Union’s financial, operational and diplomatic efforts responding to any migration or humanitarian crisis in one or more third countries, including by making use of anticipation and early warning tools available under the EU Mechanism for Migration Preparedness [Crisis Blueprint]2a. _________________ 2a Commission Recommendation of 23 September 2020 on an EU Mechanism for Preparedness and Management of Crises related to Migration (C(2020) 6469, 23.9.2020).
2022/01/28
Committee: LIBE
Amendment 126 #

2020/0277(COD)

Proposal for a regulation
Recital 5 a (new)
(5a) The measures in this Regulation are based on integrated policy-making in the field of asylum and migration management and take into account the phenomenon of mixed arrivals of persons in need of international protection and those who are not. The measures are put in place in recognition that the challenge of irregular arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole.
2022/01/28
Committee: LIBE
Amendment 129 #

2020/0277(COD)

Proposal for a regulation
Recital 5 b (new)
(5b) The measures in this Regulation are based on a mandatory solidarity between Member States in situations of crisis and intend to enhance the preparedness and resilience of Member States to manage migration and situations of crisis. They aim to facilitate operational coordination and concrete financial, operational and capacity support in situations of crisis in the field of asylum and migration.
2022/01/28
Committee: LIBE
Amendment 139 #

2020/0277(COD)

Proposal for a regulation
Recital 6 a (new)
(6a) Member States in a situation of crisis can request the application of the measures in this Regulation individually or cumulatively. The implementing acts adopted by the Commission pursuant to this Regulation may apply to one or more Member States, if the conditions specified for the application of this Regulation are met individually by each Member State.
2022/01/28
Committee: LIBE
Amendment 145 #

2020/0277(COD)

Proposal for a regulation
Recital 7
(7) In addition to situFollowing sudden and unforeseen events, even well-prepared asylum, migrations, of crisis, Member Star return systems may be faced with abnormal and unforeseeable circumstances outside their control, the consequences of which could not have been avoided in spite of the exercise of all duoverburdened. As a result, the Member State concerned may need to deviate resources to the task of managing the care. Such situations of force majeure could make it impossible to respect the time limits set by Regulations (EU) XXX/XXX [Asylum Procedures Regulation] and (EU) XXX/XXX [Asylum and Migration Management] for registering applications for international protectrival of third-country nationals or stateless persons at its borders and require time to reorganise and increase its capacity, including with the support of the EU agencies. Extensions or carrying out the procedures for determining the Member State responsible for examining an application for international protectionf time limits should therefore help the Member States in executing their responsibilities under Union law, including Article 18 of the Charter of Fundamental Rights, providing for more flexibility to deal with the increased workload. In order to ensure that the common asylum system continues functioning in an efficient and fair manner, while guaranteeing a timely examination of international protection needs and legal certainty, longer time limits for the registration of applications and for the procedural steps required for determining responsibility and transferring applicants to the responsible Member State should apply in such situations. Member States faced with a situation of force majeure should also be able to implement the solidarity measures that they have to take pursuant to the solidarity mechanism set out in this Regulation and in Regulation (EU) XXX/XXX [Asylum and Migration Management] within an extended time frame, where necessaryand for the screening procedure should apply in such situations.
2022/01/28
Committee: LIBE
Amendment 163 #

2020/0277(COD)

Proposal for a regulation
Recital 10
(10) In order to quickly help alleviate the pressure faced by a Member State in a situation of crisis, the scope of relocation should include allor prioritise certain categories of applicants for international protection, including persons granted immediate protection, as well as beneficiaries of international protection and irregular migrants. Furthermore, a Member State that provides return sponsorship should transfer the illegally staying third-country beneficiaries of international protection, persons in the border procedure and persons whose applications for international fprom the benefitting Member State if the person concerned does not return or is not removed within four months, instead of eight months as provided for by Regulation (EU) XXX/XXX [Asylum and Migration Management]tection are likely to be well-founded as determined under this Regulation.
2022/01/28
Committee: LIBE
Amendment 170 #

2020/0277(COD)

Proposal for a regulation
Recital 10 a (new)
(10a) In order to ensure that such contributions are in proportion to the share of the contributing Member State, the Commission should be able to increase or decrease such contributions by adopting an implementing act, in accordance with Regulation (EU) XXX/XXX [Asylum and Migration Management].
2022/01/28
Committee: LIBE
Amendment 171 #

2020/0277(COD)

Proposal for a regulation
Recital 10 b (new)
(10b) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State in a situation of crisis in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/403a. Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. _________________ 3a Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
2022/01/28
Committee: LIBE
Amendment 172 #

2020/0277(COD)

Proposal for a regulation
Recital 10 c (new)
(10c) The solidarity provisions in situations described in this Regulation should be accompanied by immediate measures to ensure humanitarian protection, including first essential services, as well as dignified reception in compliance with the Directive XXX/XXX/EU [Reception Conditions Directive recast ] and adequate access to international protection procedures. For this purpose, existing crisis measures in the field of capacity building and operational support may be activated in such situations, under the coordination EU Mechanism for Migration Preparedness [Crisis Blueprint] and through the emergency support provided within the Union Civil Protection Mechanism (UCPM). Member States in a situation of crisis should further rely on increased efforts of the Union, including through its agencies, to assist in return operations.
2022/01/28
Committee: LIBE
Amendment 185 #

2020/0277(COD)

Proposal for a regulation
Recital 12
(12) In situations of crisis, Member States might need a wider set of measures in order to manage a mass influx of third- country nationals in an orderly fashion and contain unauthorised movements. Such measures should include the application of an asylum crisis management procedure and a return crisis management procedure.
2022/01/28
Committee: LIBE
Amendment 222 #

2020/0277(COD)

Proposal for a regulation
Recital 14
(14) In order to ensure that Member States have the necessary flexibility when confronted with a large influx of migrants expressing the intention to apply for asylum, and to alleviate the pressure on their asylum systems while guaranteeing the highest standards in processing applications for international protection, the application of the border procedure, established by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] should be broadened, and an asylum crisis management procedure should allow Member States to take a decision in the framework of a border procedure also on the merits of an application in cases where the applicant is of a nationality, or, in the case of stateless persons, a former habitual resident of a third country, for which the proportion of decisions granting international protection Union-wide is 75% or lower. As a result, in the application of the crisis border procedure, Member States should continue applying the border procedure as provided by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] but could extend the application of the border procedure to nationals who come from third countries where the EU-wide average recognition rate is above 20% but under 75%. To this effect, Member States should continuously ensure use of the most recent data from the European Union Asylum Agency.
2022/01/28
Committee: LIBE
Amendment 225 #

2020/0277(COD)

Proposal for a regulation
Recital 14 a (new)
(14a) The purpose of the asylum crisis management procedure is to quickly assess whether applications are unfounded or inadmissible and to swiftly return those with no right to stay, while ensuring that those with well-founded claims are channelled into the regular or accelerated procedure and provided quick access to international protection.
2022/01/28
Committee: LIBE
Amendment 226 #

2020/0277(COD)

Proposal for a regulation
Recital 14 b (new)
(14b) Applicants who are identified as being in need of specific procedural guarantees should be provided with adequate support, including sufficient time, in order to create the conditions necessary for their effective access to procedures and for presenting the elements needed to substantiate their application for international protection. Where it is not possible to provide adequate support in the framework of a border procedure, an applicant in need of specific procedural guarantees should be exempted from those procedures.
2022/01/28
Committee: LIBE
Amendment 229 #

2020/0277(COD)

Proposal for a regulation
Recital 15
(15) The screening of third-country nationals according to the rules laid down in Regulation (EU) No XXX/XXX [Screening Regulation] should apply with the possibility to extend the 5-day deadline by another five days, as specified in that Regulation.
2022/01/28
Committee: LIBE
Amendment 237 #

2020/0277(COD)

Proposal for a regulation
Recital 16
(16) In a situation of crisis, in view of the possible strain on the asylum system, Member States should have the possibility not to authorise the entry in their territory of applicants subject to a border procedure for a longer period of time than the ones set in Article 41 (11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation]. However, the procedures should be completed as soon as possible in full respect of Directive XXX/XXX/EU [Reception Conditions Directive recast] and in any event the periods of time should only be prolonged by an additional period not exceeding eight weeks; if those procedures cannot be completed by the expiry of that prolonged period, applicants should be authorised to enter the territory of a Member State for the purpose of completing the procedure for international protection.
2022/01/28
Committee: LIBE
Amendment 239 #

2020/0277(COD)

Proposal for a regulation
Recital 16 a (new)
(16a) The responsible authorities should provide for alternatives to detention in border procedures, in particular for unaccompanied minors, families with children and applicants with specific vulnerabilities.
2022/01/28
Committee: LIBE
Amendment 243 #

2020/0277(COD)

Proposal for a regulation
Recital 17
(17) The return crisis management procedure should facilitate, in a situation of crisis, the return of illegally staying third- country nationals whose applications were rejected in the context of a crisis asylum management procedure and who have no right to remain and are not allowed to remain, by providing the competent national authorities and EU agencies with the necessary tools and sufficient time- frame to carry out return procedures with due diligence. To be able to respond to situations of crisis in an effective manner, the return crisis management procedure should apply also to applicants, third- country nationals and stateless persons subject to the border procedure referred to in Article 41 of the of proposed Regulation (EU) XXX/XXX [Asylum Procedures Regulation], whose applications were rejected before the adoption of a Commission decision declaring that a Member State is confronted with a situation of crisis, and who have no right to remain and are not allowed to remain after such a decision.
2022/01/28
Committee: LIBE
Amendment 251 #

2020/0277(COD)

Proposal for a regulation
Recital 18 a (new)
(18a) When applying the return crisis management procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the applicants in accordance with Directive XXX/XXX/EU [Reception Conditions Directive recast]. Asylum staff, legal representatives, non-governmental organisations, and Union institutions and agencies should always be allowed to access border procedure facilities.
2022/01/28
Committee: LIBE
Amendment 252 #

2020/0277(COD)

Proposal for a regulation
Recital 18 b (new)
(18b) Member States should not hold a person in detention for the sole reason that he or she is an applicant for international protection. They should ensure that the relevant safeguards in Regulation (EU) XXX/XXX [Asylum Procedures Regulation] apply. Member States should provide for alternatives to detention in border procedures, in particular for unaccompanied minors, families with children, and applicants with specific vulnerabilities. Such alternatives should be available both in law and fact at national level.
2022/01/28
Committee: LIBE
Amendment 265 #

2020/0277(COD)

Proposal for a regulation
Recital 20
(20) The Commission should examine a reasoned request submitted by aone or more Member States while taking into account substantiated information gathered pursuant to Regulation (EU) XXX/XXX [Asylum Agency Regulation] and Regulation (EU) 2019/1896 of the European Parliament and of the Council24 and the Migration Management report referred to in Regulation (EU) XXX/XXX [Asylum and Migration Management]. _________________ 24 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019, p. 1.
2022/01/28
Committee: LIBE
Amendment 271 #

2020/0277(COD)

Proposal for a regulation
Recital 21
(21) In order to provide Member States with additional time needed to deal with the situation of crisis and at the same time ensure an effective and as quick as possible access to the relevant procedures and rights, the Commission should authorise the application of the asylum crisis management procedure and the return crisis management procedure for a period of six months, which could be extended up to a period not exceeding one year. After the expiry of the relevant period, the extended deadlines provided for in the asylum and return crisis management procedures should not be applied to new applications for international protection.
2022/01/28
Committee: LIBE
Amendment 276 #

2020/0277(COD)

Proposal for a regulation
Recital 22
(22) For the same reasons, the Commission should authorise the application of derogatory rules as regards the registration deadline for a period not exceeding four weeks, which should be renewable upon a new reasoned request submitted by the Member State concerned. The total period of application should nonetheless not exceed twelve weeks.deleted
2022/01/28
Committee: LIBE
Amendment 295 #

2020/0277(COD)

Proposal for a regulation
Recital 23
(23) In a crisis situation, Member States should have the possibility to suspend the examination of applications for international protection made by displaced persons from third countries who are unable to return to their country of origin, where they would face a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict. In such a case, immediate protection status should be granted to those persons. Member States should resume the examination of their application one year at the latest from its suspension.deleted
2022/01/28
Committee: LIBE
Amendment 305 #

2020/0277(COD)

Proposal for a regulation
Recital 24
(24) Persons granted immediate protection should continue to be considered as applicants for international protection, in view of their pending application for international protection within the meaning of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], as well as within the meaning of Regulation (EU) XXX/XXX [Asylum and Migration Management].deleted
2022/01/28
Committee: LIBE
Amendment 312 #

2020/0277(COD)

Proposal for a regulation
Recital 25
(25) Member States should ensure that beneficiaries of immediate protection status have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable and equivalent to those enjoyed by beneficiaries of subsidiary protection.deleted
2022/01/28
Committee: LIBE
Amendment 319 #

2020/0277(COD)

Proposal for a regulation
Recital 26
(26) In order to carry out a proper assessment of applications for international protection submitted by beneficiaries of immediate protection, the asylum procedures should resume at the latest after one year from the suspension of such procedures.deleted
2022/01/28
Committee: LIBE
Amendment 328 #

2020/0277(COD)

Proposal for a regulation
Recital 27
(27) Since the adoption of Council Directive 2001/55/EC25 , the rules concerning the qualification of beneficiaries of international protection have evolved considerably. Given that this Regulation lays down rules for granting immediate protection status in crisis situations to displaced persons from third countries who are unable to return to their country of origin, and provides for specific rules for solidarity for such persons, Directive 2001/55/EC should be repealed. _________________ 25 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12.)deleted
2022/01/28
Committee: LIBE
Amendment 333 #

2020/0277(COD)

Proposal for a regulation
Recital 27 a (new)
(27a) When a Member State is in a situation of crisis, all efforts should be focused on alleviating the pressure on its asylum and reception systems. For this reason, the Member State concerned will be considered unable to receive persons it is responsible for pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management]. It will also be exempted from its obligation to undertake solidarity measures pursuant to Articles 47 and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management].
2022/01/28
Committee: LIBE
Amendment 335 #

2020/0277(COD)

Proposal for a regulation
Recital 27 b (new)
(27b) In order to shorten the duration of application procedures in situations of crisis, Member States should be encouraged, in certain cases, to prioritise the examination of applications from certain applicants by examining it before other, previously made applications, in a simplified manner, in particular with a focus to determine whether the applicant falls within the group of applicants whose application is likely to be well-founded as determined pursuant to this Regulation, and to do so in an expedited timeline.
2022/01/28
Committee: LIBE
Amendment 337 #

2020/0277(COD)

Proposal for a regulation
Recital 27 c (new)
(27c) In well-defined circumstances where an application for international protection is likely to be well-founded, Member States should simplify and accelerate the examination procedure, in particular by introducing shorter time limits for certain procedural steps, without prejudice to an adequate examination being carried out and to the applicant’s effective access to basic principles and guarantees provided for in Regulation (EU) XXX/XXX [Asylum Procedures Regulation].
2022/01/28
Committee: LIBE
Amendment 338 #

2020/0277(COD)

Proposal for a regulation
Recital 27 d (new)
(27d) In a situation of crisis, the Commission may oblige Member States to trigger accelerated and simplified procedures for processing manifestly well- founded requests for international protection. These procedures should be based on models that have proven to be efficient, flexible and fair for persons seeking international protection.
2022/01/28
Committee: LIBE
Amendment 339 #

2020/0277(COD)

Proposal for a regulation
Recital 27 e (new)
(27e) Applications for international protection that are likely to be well- founded pursuant to this Regulation should automatically be prioritised for relocation in the framework of the solidarity measures provided by other Member States.
2022/01/28
Committee: LIBE
Amendment 341 #

2020/0277(COD)

Proposal for a regulation
Recital 28
(28) Specific rules should be set out for situations of force majeure, to allow Member States to extend the time limits set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] under strict conditions where it is impossible to comply with those time limits due to the extraordinary situation. Such extension should apply to the time limits set out for sending and replying to take charge requests and take back notifications as well as the time limit to transfer an applicant to the Member State responsible.deleted
2022/01/28
Committee: LIBE
Amendment 347 #

2020/0277(COD)

Proposal for a regulation
Recital 29
(29) Specific rules should also be set out for situations of force majeure, to allow Member States to extend the time limits relating to registration of applications for international protection in Regulation (EU) XXX/XXX [Asylum Procedures Regulation], under strict conditions. In these cases, applications for international protection should be registered by that Member State at the latest four weeks from when they are made.deleted
2022/01/28
Committee: LIBE
Amendment 352 #

2020/0277(COD)

Proposal for a regulation
Recital 30
(30) In such situations of force majeure, the Member State concerned should notify the Commission and, where applicable, the other Member States, of its intention to apply the respective derogations from those time limits, as well as the precise reasons for their intended application, as well as the period of time during which they will be applied.deleted
2022/01/28
Committee: LIBE
Amendment 359 #

2020/0277(COD)

Proposal for a regulation
Recital 31
(31) In situations of force majeure, which render it impossible for a Member State to comply with the obligation to undertake solidarity measures within the timeframes established in the Regulation (EU) XXX/XXX [Asylum and Migration Management] and this Regulation, it should be possible for that Member State to notify the Commission and the other Member States of the precise reasons for which it considers that it is facing such a situation and extend the timeframe for undertaking solidarity measures.deleted
2022/01/28
Committee: LIBE
Amendment 364 #

2020/0277(COD)

Proposal for a regulation
Recital 32
(32) Where a Member State is no longer facing a situation of force majeure, it should, as soon as possible, notify the Commission, and where applicable, the other Member States, of the cessation of the situation. The time limits derogating from Regulation (EU) XXX/XXX [Asylum and Migration Management] should not be applied to new applications for international protection made or for third- country nationals or stateless persons found to be illegally staying after the date of that notification. Upon such notification, the time limits laid down in Regulation (EU) XXX/XXX [Asylum Procedures Regulation] should start to apply.deleted
2022/01/28
Committee: LIBE
Amendment 368 #

2020/0277(COD)

Proposal for a regulation
Recital 33
(33) To support Member States who undertake relocation as a solidarity measure, financial and capacity support from the EU budget should be provided. In order to provide Member States located at the external border of the Union with solidarity and to guarantee a level-playing field, facilities used for reception of persons seeking international protection, solidarity through relocation, and the broadened border procedure should be entirely funded under Regulation (EU) 2021/1147 of the European Parliament and of the Council.6a That should include the construction, running, and renovation of emergency facilities required for the application of this Regulation, in line with the standards provided for in Directive XXX/XXX/EU [Reception Conditions Directive recast]. _________________ 6a Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7July 2021 establishing the Asylum, Migration and Integration Fund (OJ L 251,15.7.2021, p.1)
2022/01/28
Committee: LIBE
Amendment 373 #

2020/0277(COD)

Proposal for a regulation
Recital 33 a (new)
(33a) Considering that a crisis in the field of asylum and migration at the external borders concerns the Union as a whole, the full spectrum of Union support should be made available to a Member State in a situation of crisis. Such support should entail an increased role for the EU agencies, most notably the European Union Asylum Agency and the European Border and Coast Guard Agency, for which the deployment of their supporting tasks in the Member State facing a crisis may be initiated by the Commission through an implementing act adopted under this Regulation. The EU agencies should prioritise their operational and technical support to the Member State concerned.
2022/01/28
Committee: LIBE
Amendment 375 #

2020/0277(COD)

Proposal for a regulation
Recital 33 b (new)
(33b) When the increased supporting tasks of the EU agencies under this Regulation bear too much of a burden on their budget, this should be accounted for by the Commission in their annual budget revision.
2022/01/28
Committee: LIBE
Amendment 376 #

2020/0277(COD)

Proposal for a regulation
Recital 33 c (new)
(33c) In view of coordinating and optimising the crisis measures provided for in this Regulation, an EU Crisis Coordinator, to be appointed by the Commission, should coordinate and assist with their implementation. The EU Crisis Coordinator should, in particular, create a culture of preparedness and resilience among Member States. When this Regulation is in effect, the EU Crisis Coordinator should be provided with extra powers to coordinate, in cooperation with the Commission and the EU Agencies, the crisis measures under this Regulation. The EU Crisis Coordinator should promote coherent working methods for the verification of any meaningful links with certain Member States for persons eligible for relocation, as well as for identifying and coordinating the added value that Member States can provide in the return crisis management procedure.
2022/01/28
Committee: LIBE
Amendment 377 #

2020/0277(COD)

Proposal for a regulation
Recital 33 d (new)
(33d) When the EU Crisis Coordinator considers that a Member State is not able to provide appropriate reception facilities for persons seeking international protection under Directive XXX/XXX/EU [Reception Conditions Directive recast], Member States should be encouraged to provide support through the Union Civil Protection Mechanism with material resources. The EU Crisis Coordinator may propose to include certain categories of reception and migration management facilities to the rescEU reserve.
2022/01/28
Committee: LIBE
Amendment 378 #

2020/0277(COD)

Proposal for a regulation
Recital 33 e (new)
(33e) The Commission, in coordination with the EU Crisis Coordinator, should be responsible for monitoring continuously whether the measures triggered by this Regulation remain necessary. Those measures should remain applicable until the Commission determines that the situation of crisis in a Member State has ended. To that end, the Commission may be invited to act by the Council.
2022/01/28
Committee: LIBE
Amendment 389 #

2020/0277(COD)

Proposal for a regulation
Recital 35
(35) The examination procedure should be used for the adoption of solidarity measures in situations of crisis for authorising the application of derogatory procedural rules, and for triggering the granting of immedidetermining a necessity for Member States to apply simplified and accelerated protection statucedures.
2022/01/28
Committee: LIBE
Amendment 399 #

2020/0277(COD)

Proposal for a regulation
Recital 37
(37) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular respect for human dignity, the right to life, the principle of the best interest of the child, the prohibition of torture and inhuman or degrading treatment or punishment, the right to asylum and the protection in the event of removal, expulsion or extradition. The Regulation should be implemented in compliance with the Charter and general principles of Union law as well as international law, including refugee protection, human rights obligation and the prohibition of refoulement.
2022/01/28
Committee: LIBE
Amendment 402 #
2022/01/28
Committee: LIBE
Amendment 404 #

2020/0277(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation addresses situations of crisis and force majeure in the field of migration and asylum within the Union and provides for specific rules derogating from those set out in Regulations (EU) XXX/XXX [Asylum and Migration Management] and, (EU) XXX/XXX [Asylum Procedures Regulation], Regulation (EU) XXX/XXX [Screening Regulation] and in Directive XXX [recast Return Directive]. This Regulation establishes a crisis response mechanism, aiming at alleviating pressure for Member States facing a situation of crisis, while protecting the rights of applicants and beneficiaries of international protection, including their access to relevant procedures and to adequate reception conditions in a situation of crisis.
2022/01/28
Committee: LIBE
Amendment 415 #

2020/0277(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a
(a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a Member State or disembarked on its territory following search and rescue operationsby land or by sea, being of such a scale, in proportion to the population and GDP of the Member State concerned, and nature, that it renders thea demonstrably well-prepared Member State’s asylum, reception or return system non-functional and can have, in particular by that Member State receiving more applications for international protection than what is determined as the minimum crisis capacity for that Member State under this Regulation, leading to serious consequences for the functioning the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or
2022/01/28
Committee: LIBE
Amendment 422 #

2020/0277(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a
(a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly inon the territory of a Member State or disembcomparked on its territory following search and rescue operations, being of such a scale, in proportion to the population and GDP of the Member State concerned, andto the overall situation in the Union the mass influx is of a nature, that it renders the Member State’swell- prepared asylum, reception orand return system non-functional and can have serious consequences for the functioning the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or
2022/01/28
Committee: LIBE
Amendment 427 #

2020/0277(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) an imminent risk of such a situation. which cannot be diminished by external dimension policies within the Union’s asylum and migration framework, including through the EU Migration Preparedness and Crisis Blueprint9a or before entry of the persons referred to in point (a). _________________ 9a Commission Recommendation of 23 September 2020 on an EU Mechanism for Preparedness and Management of Crises related to Migration (C(2020) 6469, 23.9.2020)
2022/01/28
Committee: LIBE
Amendment 428 #

2020/0277(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) an imminent risk of such a situation which cannot be diminished by immediate actions in the external dimension or before entry of those persons.
2022/01/28
Committee: LIBE
Amendment 432 #

2020/0277(COD)

Proposal for a regulation
Article 1 a (new)
Article 1 a Annual determination of minimum crisis capacity 1. In order to establish what constitutes a demonstrably well-prepared asylum, reception or return system as referred to in Article 1(2)(a), the Commission shall, by means of an implementing act, establish annually the minimum crisis capacity for the Member States. The Commission shall do so upon adopting the Migration Management Report referred to in Article 6(4) of Regulation (EU) XXX/XXX [Asylum and Migration Management]. 2. In determining the minimum crisis capacity of each Member State, the Commission shall base its assessment on the elements listed in Article 6(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management].
2022/01/28
Committee: LIBE
Amendment 433 #

2020/0277(COD)

Proposal for a regulation
Article 1 b (new)
Article 1 b Criteria and procedural provisions 1. Where a Member State considers that it is facing a situation of crisis, it shall submit a reasoned request to the Commission to apply the measures laid down in this Regulation. Where the minimum crisis capacity of a Member State is exceeded, the Commission may propose to the Council to submit such a reasoned request. 2. Where, on the basis of the examination carried out in accordance with paragraph 5, the Commission considers such a request justified, it shall, by means of an implementing decision, determine that the Member State concerned is in a situation of crisis. 3. The decision referred to in paragraph 2 shall be adopted within ten days from the request in accordance with procedure referred to in Article 2(4) and Article 11. 4. In the decision referred to in paragraph 2, the Commission shall adopt one or more of the following crisis measures: (a) provide for the measures that the Member State concerned should take in the field of migration management and asylum; (b) authorise the Member State concerned to apply the derogatory rules laid down in Articles 2, 3a, 3b, 4, 5, 5a, or 5b of this Regulation; (c) authorise the EU agencies to prioritise their operational and technical support to the Member State concerned, including by initiating the deployment of their tasks in accordance with Article 9c and Article 9d; (d) oblige Member States to apply simplified and accelerated procedures in certain cases in accordance with Article 10; (e) allocate financial support for any crisis measure adopted under this Regulation in accordance with Article 9e; (f) inform the EU Crisis Coordinator of its findings and provide for initial instructions. 5. The Commission shall examine the reasoned request pursuant to the elements listed in Article 50(3) and Article 50(4) of Regulation (EU) XXX/XXX [Asylum and Migration Management].
2022/01/28
Committee: LIBE
Amendment 435 #

2020/0277(COD)

Proposal for a regulation
Chapter II – title
II Solidarity mechanismand asylum and return procedures in a situation of crisis
2022/01/28
Committee: LIBE
Amendment 444 #

2020/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. For the purpose of providing solidarity contributions for the benefit of a Member State in situations where measures according to Chapter III of this Regulation are not sufficient for managing the situation of crisis as set out in Article 1(2)(a), Part IV of Regulation (EU) XXX/XXX [Asylum and Migration Management] shall apply mutatis mutandis, with the exception of Article 45(1), point (d), Article 47, Article 48, Article 49, Article 51(3)(b)(iii) and (4), Article 52(2) and (5) and Article 53(2), second and third subparagraphs7, Article 48 and Article 49.
2022/01/28
Committee: LIBE
Amendment 449 #

2020/0277(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. By way of derogation from Article 51(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management] the report referred to therein shall indicate whether the Member State concerned is in a situation of crisis as defined in Article 1(2)(a) of this Regulation or there is an imminent risk of such a situation as defined in Article 1(2)(b) of this Regulation.
2022/01/28
Committee: LIBE
Amendment 452 #

2020/0277(COD)

Proposal for a regulation
Article 2 – paragraph 5
5. By way of derogation from Article 51(3)(b)(ii), Article 52(1) and 52(3) first sub-paragraph and Article 53(3)(a) of Regulation (EU) XXX/XXX [Asylum and Migration Management], relocation shall include not only persons referred to in points (a) and (c) of Article 45(1) of that Regulation, but also persons referred to in points (a) and (b) of Article 45(2).deleted
2022/01/28
Committee: LIBE
Amendment 456 #

2020/0277(COD)

Proposal for a regulation
Article 2 – paragraph 5
5. By way of derogation from Article 51(3)(b)(ii), Article 52(1) and 52(3) first sub-paragraph and Article 53(3)(a) of Regulation (EU) XXX/XXX [Asylum and Migration Management], relocation shall include not only persons referred to in points (a) and (c) of Article 45(1) of that Regulation, but also persons referred to in points (a) and (b) of Article 45(2).
2022/01/28
Committee: LIBE
Amendment 458 #

2020/0277(COD)

Proposal for a regulation
Article 2 – paragraph 6
6. By way of derogation from Article 54 of Regulation (EU) XXX/XXX [Asylum and Migration Management], the share calculated in accordance with the formula set out in that Article shall also apply to measures set out in Article 45(2), points (a) and (b) of that Regulation.deleted
2022/01/28
Committee: LIBE
Amendment 461 #

2020/0277(COD)

Proposal for a regulation
Article 2 – paragraph 6
6. By way of derogation from Article 54 of Regulation (EU) XXX/XXX [Asylum and Migration Management], the share calculated in accordance with the formula set out in that Article shall also apply to measures set out in Article 45(2), points (a) and (b) of that Regulation.
2022/01/28
Committee: LIBE
Amendment 464 #

2020/0277(COD)

Proposal for a regulation
Article 2 – paragraph 7
7. By way of derogation from Article 55(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management], the deadline set therein shall be set at four months.deleted
2022/01/28
Committee: LIBE
Amendment 479 #

2020/0277(COD)

Proposal for a regulation
Chapter III – title
III Asylum and return procedures in a situation of crisisdeleted
2022/01/28
Committee: LIBE
Amendment 482 #
2022/01/28
Committee: LIBE
Amendment 516 #

2020/0277(COD)

Proposal for a regulation
Article 3 a (new)
Article 3 a Extension of registration time limit set out in Regulation (EU) XXX/XXX [Asylum Procedures Regulation] 1. In a situation of crisis, applications made within the period during which this Article is applied shall be registered no later than four weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].
2022/01/28
Committee: LIBE
Amendment 519 #

2020/0277(COD)

Proposal for a regulation
Article 3 b (new)
Article 3 b Extension of time limit for screening procedures 1. By way of derogation from Article 6(3) of Regulation (EU) XXX/XXX [Screening Regulation], the period during which a screening procedure is carried out may be extended by five days.
2022/01/28
Committee: LIBE
Amendment 535 #

2020/0277(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b
(b) By way of derogation from Article 41(11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum duration of the border procedure for the examination of applications set out in that Article may be prolonged by an additional period of maximum eight weeks. Following this period, the applicant shall be authorised to enter the Member State’s territory for the completion of the procedure for international protection. The applicant may be detained under the conditions laid down by Directive XXX/XXX/EU [Reception Conditions Directive recast].
2022/01/28
Committee: LIBE
Amendment 542 #

2020/0277(COD)

Proposal for a regulation
Article 4 – paragraph 1 a (new)
1a. In applying the asylum crisis management procedure, Member States shall prioritise the examination of applications that are likely to be well- founded, applicants with specific vulnerabilities, including due to their state of health, or applications which are lodged by minors and their family members. The best interest of the child and family life and of the third-country national concerned shall be taken into account throughout the procedure.
2022/01/28
Committee: LIBE
Amendment 543 #

2020/0277(COD)

Proposal for a regulation
Article 4 – paragraph 1 b (new)
1b. During the asylum crisis management procedure, the basic principles and guarantees of Chapter II of the Regulation (EU) XXX/XXX [Asylum Procedures Regulation] shall apply to ensure that the rights of those who seek international protection are protected, while maintaining the right to asylum and respect of the principle of non- refoulement. Asylum staff, legal representatives, non-governmental organisations, and Union institutions and agencies should always be allowed to access border procedure facilities.
2022/01/28
Committee: LIBE
Amendment 548 #

2020/0277(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part
1. In a crisis situation as referred to in Article 1(2), and in accordance with the procedures laid down in Article 31b, Member States may, in respect of illegally staying third-country nationals or stateless persons whose applications were rejected in the context of the asylum crisis management procedure pursuant to Article 4, and who have no right to remain and are not allowed to remain, derogate from Article 41a of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] as follows:
2022/01/28
Committee: LIBE
Amendment 558 #

2020/0277(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) In addition to the cases provided for by Article 6(2) of Directive XXX [recast Return Directive], Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when the criterion referred to in Article 6(1), point (f) of Directive XXX [recast Return Directive] is fulfilled or when the applicant, third- country national or stateless person concerned is manifestly and persistently not fulfilling the obligation to cooperate established by Article 7 of that Directive.
2022/01/28
Committee: LIBE
Amendment 562 #

2020/0277(COD)

Proposal for a regulation
Article 5 – paragraph 2 a (new)
2a. Applicants for international protection shall benefit from their rights under Directive XXX/XXX/EU [Reception Conditions Directive recast] and Regulation (EU) XXX/XXX [Asylum Procedures Regulation], as soon as they make an application, regardless of when the registration takes place.
2022/01/28
Committee: LIBE
Amendment 563 #

2020/0277(COD)

Proposal for a regulation
Article 5 – paragraph 2 b (new)
2b. The Member State in a situation of crisis shall provide for additional and sufficient human and material resources to be able to meet its obligations under Directive XXX/XXX/EU [Reception Conditions Directive recast].
2022/01/28
Committee: LIBE
Amendment 564 #

2020/0277(COD)

Proposal for a regulation
Article 5 – paragraph 2 c (new)
2c. During the return crisis management procedure, the right to asylum and the principle of non- refoulement will always be respected.
2022/01/28
Committee: LIBE
Amendment 565 #

2020/0277(COD)

Proposal for a regulation
Article 5 a (new)
Article 5 a Exemption to assume responsibility under Regulation (EU) XXX/XXX [Asylum and Migration Management] Where a Member State is in a situation of crisis, it shall be considered unable to receive persons it is responsible for pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management]. In such cases, a requesting or notifying Member State shall not carry out the transfer until the Member State responsible is no longer in a situation of crisis. Where, because of the persistence of the situation of crisis, the transfer cannot take place within one year of the acceptance of the take charge request or of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3) of that Regulation, by way of derogation from Article 35 of Regulation (EU) XXX/XXX [Asylum and Migration Management], the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting or notifying Member State.
2022/01/28
Committee: LIBE
Amendment 566 #

2020/0277(COD)

Proposal for a regulation
Article 5 b (new)
Article 5 b Exemption of obligations as regards solidarity measures in a situation of crisis In a situation of crisis, Member States shall be exempted from their obligation to undertake solidarity measures pursuant to Articles 47 and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management] and Article 2 of this Regulation.
2022/01/28
Committee: LIBE
Amendment 568 #

2020/0277(COD)

Proposal for a regulation
Article 6
Registration of applications for international protection in situations of In a crisis situation as referred to in Article 1(2)(a) and in accordance with the procedure laid down in Article 3, applications made within the period during which this Article is applied shall be registered no later than within four weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].Article 6 deleted crisis
2022/01/28
Committee: LIBE
Amendment 574 #

2020/0277(COD)

Proposal for a regulation
Chapter IV – title
IV Time limits in a situation of force majeureOperational and capacity support
2022/01/28
Committee: LIBE
Amendment 576 #

2020/0277(COD)

Proposal for a regulation
Article 7
Extension of registration time limit set out in Regulation (EU) XXX/XXX [Asylum 1. Where a Member State is facing a situation of force majeure which renders it impossible to comply with the time limits set out in Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], that Member State shall notify the Commission. After such notification, by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], applications may be registered by that Member State no later than four weeks from when they are made. In the notification, the Member State concerned shall indicate the precise reasons for which it considers that this paragraph has to be applied and indicate the period of time during which it will be applied. 2. Where a Member State referred to in paragraph 1 is no longer facing a situation of force majeure as referred to in that paragraph which renders it impossible to comply with the time limits set out in Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], that Member State shall, as soon as possible, notify the Commission of the termination of the situation. After such notification, the extended time limit set out in paragraph 1 shall no longer be applied.Article 7 deleted Procedures Regulation]
2022/01/28
Committee: LIBE
Amendment 584 #

2020/0277(COD)

Proposal for a regulation
Article 8
[...]deleted
2022/01/28
Committee: LIBE
Amendment 590 #

2020/0277(COD)

Proposal for a regulation
Article 9
Extension of the timeframes for solidarity 1. Where a Member State is facing a situation of force majeure which renders it impossible to comply with the obligation to undertake solidarity measures within the timeframes established in Articles 47 and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management] and Article 2 of this Regulation, it shall notify the Commission and the other Member States without delay. The Member State concerned shall indicate the precise reasons for which it considers that it is facing a situation of force majeure and provide all necessary information for that effect. After such notification, by way of derogation from the timeframes established by those Articles, the timeframe for undertaking solidarity measures established in those Articles shall be suspended for a maximum period of six months. 2. Where a Member State is no longer facing a situation of force majeure, that Member State shall immediately notify the Commission and the other Member States of the cessation of the situation. After such notification, the extended timeframe set out in paragraph 1 shall cease to apply.Article 9 deleted measures
2022/01/28
Committee: LIBE
Amendment 595 #

2020/0277(COD)

Proposal for a regulation
Article 9 a (new)
Article 9 a EU Crisis Coordinator 1. With a view to supporting the crisis measures established by this Regulation, the Commission shall appoint an EU Crisis Coordinator, who will act as a contact point, in order to coordinate the preparedness and resilience of Member States outside the framework of this Regulation and coordinate crisis measures triggered by this Regulation. 2. The EU Crisis Coordinator shall regularly: (a) coordinate and support communication between the Member States involved in the framework of this Regulation; (b) organise, at regular intervals, meetings between the authorities of Member States, to establish the needs, including at an operational level, in order to facilitate the best interaction and cooperation among Member States for the execution of this Regulation; (c) be updated by the EU Migration Preparedness and Crisis Management Network in the framework of the relevant stages of the Migration Preparedness and Crisis Blueprint; (d) promote among Member States a culture of preparedness, cooperation and resilience in the field of asylum and migration, including their best practices. 3. When this Regulation is in effect, the EU Crisis Coordinator shall: (a) coordinate the role and resource allocation of the relevant EU Agencies in their respective roles in supporting the Member States as determined in this Regulation, in particular as regards: (i) the deployment of EU agencies’ operational and technical support in the Member State concerned immediately after this Regulation comes into effect; (ii) taking stock of reception facilities needs for persons arriving at the external borders, in accordance with standards established in Directive XXX/XXX/EU [Receptions Conditions Directive recast]; (iii) monitoring the implementation of this Regulation and the measures invoked by it, including for its effectiveness and impact on the fundamental rights of persons seeking international protection.
2022/01/28
Committee: LIBE
Amendment 596 #

2020/0277(COD)

Proposal for a regulation
Article 9 b (new)
Article 9 b Support and solidarity measures between Member States 1. Where a Member State is facing a situation of crisis, it may request support and solidarity measures from other Member States in order to manage that situation. Support and solidarity contributions for the benefit of a Member State facing a situation of crisis may include the following types of contributions: (a) capacity-building measures in the field of asylum, relocation, reception and return; (b) operational support in the field of asylum, relocation, reception and return; (c) measures aimed at responding to a crisis situation, including specific measures to support return, through cooperation with third countries or outreach to third countries; (d) any other measure considered adequate to address the situation of crisis and support the Member State concerned. 2. The Member State facing a situation of crisis shall send a request to the EU Crisis Coordinator for support and solidarity contributions from other Member States specifying the solidarity measures requested. 3. Following the receipt of the request for support and solidarity measures as referred to in paragraph 2, the EU Crisis Coordinator shall, as soon as possible, invite other Member States to contribute by means of the support and solidarity measures referred to in paragraph 1 that correspond to the needs of Member State facing a situation of crisis. The EU Crisis Coordinator shall coordinate the support and solidarity measures referred to in this Article.
2022/01/28
Committee: LIBE
Amendment 597 #

2020/0277(COD)

Proposal for a regulation
Article 9 c (new)
Article 9 c Operational support by the European Union Asylum Agency 1. In the decision referred to in Article 1b(2), the Commission may initiate the deployment of the European Union Asylum Agency’s (EUAA) tasks listed in Article 2 of Regulation (EU) XXX/XXX [EUAA] in a Member State facing a situation of crisis to provide concrete operational and technical support to its asylum and reception system. The Member State concerned will be required to cooperate in accordance with Article 22 of Regulation (EU) XXX/XXX [EUAA]. 2. The Agency shall prioritise making available the necessary operational resources, in particular by providing support to carry out the tasks and obligations of the Member State concerned under the Common European Asylum System by: (a) deploying asylum support teams; (b) registering the applications for international protection; (c) conducting personal interviews of applicants on their applications and the circumstances of their arrival; (d) supporting an appropriate identification and assessment of vulnerable applicants; (e) providing applicants or potential applicants of international protection with information and specific assistance that they may need.
2022/01/28
Committee: LIBE
Amendment 598 #

2020/0277(COD)

Proposal for a regulation
Article 9 d (new)
Article 9 d Operational support by the European Border and Coast Guard Agency 1. In the decision referred to in Article 1b(2), the Commission may initiate the deployment of the European Border and Coast Guard Agency’s tasks under Articles 38 to 40 and Article 48 of Regulation (EU) 2019/1896 in a Member State facing a situation of crisis to provide operational and technical support in the area of border management and return. The Member State concerned will be required to cooperate. 2. The Agency shall prioritise making available the necessary operational resources. It shall in particular provide support by carrying out the tasks and obligations of the Member State concerned under the Common European Asylum System by: (a) deploying the European Border and Coast Guard standing corps, including where appropriate by deploying staff from the Reserve for Rapid Reaction, in particular by: (i) supporting in border checks and the identification of migrants, including nationality and travel documents checks, in particular for the identification of minors and other vulnerable migrants, assisting with ensuring proper referral to the relevant procedure; (ii) providing support with EURODAC equipment and staff supporting registration and fingerprinting of migrants; (b) launching a rapid border intervention in accordance with Article 39(5) of Regulation (EU) 2019/1896 and/or a return intervention in accordance with Article 53 of that Regulation; (c) support returns of third-country nationals who either did not apply for international protection or whose right to remain on the territory has ceased, in particular by assisting in: (i) pre-return activities, including return counselling and supporting the cooperation with third countries by organising identification missions and providing videoconference services for identification interviews; (ii) voluntary returns; (iii) return operations by commercial and charter flights, including escorting returnees to the third country of origin and, if appropriate, post return activities in third countries. (d) assist in providing technical equipment and providing any other relevant support.
2022/01/28
Committee: LIBE
Amendment 599 #

2020/0277(COD)

Proposal for a regulation
Article 9 e (new)
Article 9 e Financial support 1. Funding support shall be provided in accordance with Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, Migration and Integration Fund, based on the objective referred to in Article 3(2)(d) of that Regulation. 2. Emergency funding support for the Member State in a situation of crisis may be accorded pursuant Article 31(1)(a) and (b) of Regulation (EU) 2021/1147. 3. Facilities used to implement this Regulation shall be entirely funded from the Union budget. This shall include the construction, running and renovation of emergency facilities required for the application of this Regulation, in line with the standards provided for in Directive XXX/XXX/EU [Reception Conditions Directive recast].
2022/01/28
Committee: LIBE
Amendment 601 #

2020/0277(COD)

Proposal for a regulation
Chapter V – title
V Granting of immediSimplified and accelerated protectioncedures for well-founded cases
2022/01/28
Committee: LIBE
Amendment 610 #

2020/0277(COD)

Proposal for a regulation
Article 10 – title
Granting of immediObligation for Member States to apply simplified and accelerated protection statucedures for well-founded cases
2022/01/28
Committee: LIBE
Amendment 615 #

2020/0277(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. In a crisis situation as referred to in Article 1(2)(a), and on the basis of an implementing act adopted by the Commission in accordance with paragraph 4 of thisof crisis, and on the basis of the decision referred to in Article 1b(2), Member States may suspend the examination of applications for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation] in respect of displacedbe obliged to apply simplified and accelerated procedures for applicants of a specific country of origin or part(s) of it pursuant to paragraph 4 of this Article, for persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence, in exceptional or situations of armed conflict, and who are unable to return to their country of origin. In such a case, Member States shall grant immediate protection status to the persons concerned, unless they represent a danger to the national security or public order of the Member State. Such status shall be without prejudice to their ongoing application for international protection in the relevant Member State.
2022/01/28
Committee: LIBE
Amendment 628 #

2020/0277(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Member States shall ensure that beneficiaries of immediate protection have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable to beneficiaries of subsidiary protecThe applications for international protection of the persons referred to in paragraph 1 shall be prioritised in accordance with the basic principles and guarantees of Chapter II, of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] based on Article 33(5)(a) of that Regulation. As these applications for international protection are likely to be well-founded, their examination shall not last longer than one month from their registration.
2022/01/28
Committee: LIBE
Amendment 634 #

2020/0277(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Member States shall resume the examination of the applications for international protectionThe procedure in paragraph 2 shall always entail a compulsory assessment to determine a possible threat have been suspended pursuant to paragraph 1 after a maximum of one yearto the national security or public order of the Member State.
2022/01/28
Committee: LIBE
Amendment 640 #

2020/0277(COD)

Proposal for a regulation
Article 10 – paragraph 4 – point a
(a) establish that there is a situation of crisis on the basis of the elements referred to in Article 3need to prioritise a certain group of applicants through accelerated and simplified procedures in examining their application for international protection within the timeline described in paragraph 2;
2022/01/28
Committee: LIBE
Amendment 642 #

2020/0277(COD)

Proposal for a regulation
Article 10 – paragraph 4 – point b
(b) establish that there is a need to suspend the examination ofdefine the specific country of origin, or a part of a specific country of origin on the basis of well-defined criteria, drawn from Regulation (EU) XXX/XXX [Qualification Regulation], in respect of the persons referred to in paragraph 1 where their applications for international protection; is likely to be well- founded.
2022/01/28
Committee: LIBE
Amendment 644 #

2020/0277(COD)

Proposal for a regulation
Article 10 – paragraph 4 – point c
(c) define the specific country of origin, or a part of a specific country of origin, in respect of the persons referred to in paragraph 1;deleted
2022/01/28
Committee: LIBE
Amendment 647 #

2020/0277(COD)

Proposal for a regulation
Article 10 – paragraph 4 – point d
(d) establish the date from which this Article shall be applied and set out the time period during which applications for international protection of displaced person as referred to in point (a) may be suspended and immediate protection status shall be granted.deleted
2022/01/28
Committee: LIBE
Amendment 651 #

2020/0277(COD)

Proposal for a regulation
Article 10 – paragraph 4 a (new)
4a. Member States shall prioritise the applications for international protection that are likely to be well-founded under this Article for the purposes of solidarity measures pursuant to Article 2.
2022/01/28
Committee: LIBE
Amendment 652 #

2020/0277(COD)

Proposal for a regulation
Article 10 – paragraph 4 b (new)
4b. When an EU agency, according to Articles 9c and 9d, is responsible for the examination of applications for international protection, it will prioritise for relocation those applications likely to be well-founded pursuant to Article 2.
2022/01/28
Committee: LIBE
Amendment 654 #

2020/0277(COD)

Proposal for a regulation
Article 10 – paragraph 4 c (new)
4c. The decision establishing the groups to whom the accelerated and simplified procedures should apply according to paragraph 4, points (a) and (b) of this Article, shall be reviewed every three months and, where the situation for these persons has changed, a revised implementing act may be adopted. The review shall be based on updated country of origin information, or updated information on the relevant specific groups. Consultations with relevant non- governmental organisations shall also take place ahead of this decision.
2022/01/28
Committee: LIBE
Amendment 662 #

2020/0277(COD)

Proposal for a regulation
Chapter V a (new)
Va Monitoring and duration of a situation of crisis
2022/01/28
Committee: LIBE
Amendment 663 #

2020/0277(COD)

Proposal for a regulation
Article 10 a (new)
Article 10 a Monitoring the implementation of crisis measures 1. The Commission, in coordination with the EU Crisis Coordinator, shall be responsible for regularly monitoring the implementation of this Regulation, including the following aspects: (a) the access that all competent actors have to facilities used in the context of the measures triggered by this Regulation; (b) reception conditions and specific requirements for the crisis asylum management procedure and the crisis return management procedure; (c) the respect for procedural rights, such as access to information, legal assistance and representation and interpretation or the right to an effective remedy; (d) the quality of decision-making in the crisis asylum management procedure and the crisis return management procedure. 2. The Commission shall alert a Member State where the capacity of a location it has notified pursuant to Article 41(14) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] is temporarily insufficient for the purposes of processing applicants.
2022/01/28
Committee: LIBE
Amendment 664 #

2020/0277(COD)

Proposal for a regulation
Article 10 b (new)
Article 10 b Monitoring of fundamental rights in a situation of crisis 1. Allegations of breaches of fundamental rights in relation to the implementation of this Regulation shall be properly investigated as part of the independent monitoring mechanism referred to in paragraph 2 of this Article. 2. The Commission shall set up an independent monitoring mechanism, in cooperation with the Member States and Union bodies, offices and agencies which have monitoring competences, in particular the European Union Agency for Fundamental Rights, the European Union Agency for Asylum and the European Border and Coast Guard Agency. That mechanism shall aim to: (a) ensure that all actors involved in the measures triggered by this Regulation comply with Union and international law; (b) ensure compliance, where applicable, with European rules on the detention of persons, in particular rules concerning the grounds for and the duration of detention; (c) ensure that allegations of breaches of fundamental rights in relation to the crisis asylum management procedure and crisis return management procedure, including in relation to access to the asylum procedure and the principle of non- refoulement, are dealt with effectively and without undue delay. The Commission shall put in place adequate safeguards to guarantee the independence of the monitoring mechanism referred to in the first subparagraph. The European Union Agency for Fundamental Rights shall provide the Commission with general guidance on the setting up of the monitoring mechanism referred to in the first subparagraph, including as regards the independent functioning of the mechanism, the monitoring methodology it uses and appropriate training schemes. The Commission may invite relevant national, international and non- governmental organisations and bodies to participate in the monitoring carried out as part of the monitoring mechanism referred to in the first subparagraph. 3. Where monitoring carried out as part of the monitoring mechanism referred to in paragraph 2 determines that there have been breaches of fundamental rights, the Commission shall adopt appropriate and proportionate penalties.
2022/01/28
Committee: LIBE
Amendment 665 #

2020/0277(COD)

Proposal for a regulation
Article 10 c (new)
Article 10 c End of a situation of crisis 1. The Commission, in line with its obligations under Article 10a(1), shall keep the situation of crisis under constant monitoring and review as regards the necessity and proportionality of the crisis measures triggered by this Regulation. 2. The situation of crisis that triggers the application of measures laid down in this Regulation shall remain in place until the Commission determines that the situation of crisis in a Member State has ended. In doing so, the Commission shall adopt an implementing actin accordance with Article 11. It shall base its decision on the same criteria as listed in Article 1b(3b). 3. The Council may make a reasoned request to the Commission to determine that a situation of crisis in a Member State has ended.
2022/01/28
Committee: LIBE
Amendment 673 #

2020/0277(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The Commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 52, 3a, 3b, 4, 5, 5a, and 6,5b and triggering the granting of immediobligation to apply simplified and accelerated protection statucedures in accordance with Article 10. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).
2022/01/28
Committee: LIBE
Amendment 681 #

2020/0277(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. On duly justified imperative grounds of urgency, due to the situation of crisis as defined in Article 1(2) in a Member State, the Commission shall adopt immediately applicable implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 52, 3a, 3b, 4, 5, 5a, and 65b, and triggering the granting of immediobligation to apply simplified and accelerated protection statucedures in accordance with Article 10. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 12(3).
2022/01/28
Committee: LIBE
Amendment 686 #

2020/0277(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. The implementing acts shall remain in force for a period not exceeding one year.deleted
2022/01/28
Committee: LIBE
Amendment 694 #

2020/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. For the implementing act referred to in Article 31b, the Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2022/01/28
Committee: LIBE
Amendment 697 #

2020/0277(COD)

Proposal for a regulation
Article 12 a (new)
Article 12 a Amendments to Regulation (EU) XXX/XXX [European Union Asylum Agency] 1. In a situation of crisis, Regulation (EU) XXX/XXX [European Union Asylum Agency]10a is amended as follows: In Article 22, paragraphs 1 and 2 are replaced by: “1. If a Member State is in a situation of crisis in the field of migration and asylum as determined pursuant to Regulation (EU) XXX/XXX [Crisis and Force Majeure Regulation], The Commission, by means of an implementing decision pursuant to Article 1b of Regulation (EU) XXX/XXX [Crisis and Force Majeure Regulation], may adopt without delay a decision, identify one or more of the measures set out in Article 16(2) to be taken by the Agency to support the Member State concerned and requiring the Member State to cooperate with the Agency in the implementation of those measures. 2. The Executive Director shall, within three working days from the date of adoption of the decision, determine the details of the practical implementation of the decision. In parallel, the Executive Director shall draw up the operational plan and submit it to the Member State concerned. The Executive Director and the Member State concerned shall agree on the operational plan within three working days from the date of its submission. _________________ 10a Regulation (EU) XXX/XXX [European Union Asylum Agency].
2022/01/28
Committee: LIBE
Amendment 698 #

2020/0277(COD)

Proposal for a regulation
Article 12 b (new)
Article 12 b Amendments to Regulation (EU) 2019/1896 [European Border and Coast Guard] 1. In a situation of crisis, Regulation (EU) 2019/189610b is amended as follows: In Article 36, paragraph 1 is replaced by the following: “1. The European Border and Coast Guard Agency may be deployed upon an implementing decision pursuant to Article 1b of Regulation (EU) XXX/XXX [Crisis and Force Majeure Regulation] in support of implementing a Member State’s obligations with regard to external border control. The Agency shall also carry out measures in accordance with Articles 41 and 42.” 2. In Article 40, paragraphs 1 and 2 are replaced by the following: “1. Where a Member State is in a situation of crisis, the European Border and Coast Guard Agency may be deployed upon an implementing decision pursuant to Article 1b of Regulation (EU) XXX/XXX [Crisis and Force Majeure Regulation] to provide technical and operational reinforcement by migration management support teams composed of experts from relevant Union bodies, offices and agencies that shall operate in accordance with their mandates. 2. The relevant Union bodies, offices and agencies shall examine, in accordance with their respective mandates, a request for reinforcement by a Member State or by the Commission, and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union bodies, offices and agencies. The Commission shall coordinate that process.” _________________ 10b Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (L 295/1, 14.11.2019).
2022/01/28
Committee: LIBE
Amendment 700 #

2020/0277(COD)

Proposal for a regulation
Article 14
Council Directive 2001/55/EC is repealed with effect from xxx (date).Article 14 deleted Repeal
2022/01/28
Committee: LIBE
Amendment 296 #

2020/0104(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) The Facility should also be a tool to protect the Union's budget in the event of generalised deficiencies as regards the rule of law. In such a case, the Commission should adopt a decision by means of an implementing act to suspend the period for the adoption of decisions on proposals for recovery and resilience plans or to suspend payments under this Facility in accordance with Regulation [.../....] on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States. The Commission should adopt a decision by means of an implementing act to lift the suspension of the period or of payments.
2020/09/22
Committee: BUDGECON
Amendment 300 #

2020/0104(COD)

Proposal for a regulation
Recital 13 b (new)
(13b) It is essential that the legitimate interests of the final recipients and beneficiaries of the Facility are properly safeguarded from the suspension of payments in the event of a generalised deficiencies as regards the rule of law. In such case, the Commission should take over the responsibility of the management of the Facility. Such a tool in the Facility to protect the Union's budget in the event of generalised deficiencies as regards the rule of law should be aligned on any other tool pursuing the same objective in other EU legislation.
2020/09/22
Committee: BUDGECON
Amendment 21 #

2019/2210(INI)

Motion for a resolution
Recital A
A. whereas enlargement has been one of the EU’s most successful policies and the most effective foreign policy instrument contributing to extending the area of democracy, peace and prosperity across Europethe Western Balkans belong geographically, historically as well as culturally to Europe; whereas the European Union will be more secure and stronger once the region is firmly anchored inside the Union;
2020/03/02
Committee: AFET
Amendment 34 #

2019/2210(INI)

Motion for a resolution
Recital B
B. whereas the enlargement process is reform of the European Union should go hand integral part of European integration hand with the enlargement process;
2020/03/02
Committee: AFET
Amendment 37 #

2019/2210(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the new methodology proposed by the European Commission aims at injecting new dynamism into the enlargement process and provides a new impetus for the transformation of accession countries;
2020/03/02
Committee: AFET
Amendment 44 #

2019/2210(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas Western Balkan countries should increase efforts to overcome political polarisation and protracted parliamentary boycotts to strengthen parliamentary oversight;
2020/03/02
Committee: AFET
Amendment 61 #

2019/2210(INI)

Motion for a resolution
Recital D a (new)
Da. whereas an ambitious enlargement policy requires an adequate budget; whereas the Council should provide for sufficient budgetary means in order to support the enlargement policy;
2020/03/02
Committee: AFET
Amendment 89 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point b
(b) to ensure that the enhanced methodology sustains fully-fledged EU membership as the final goal and that the EU sets clear and predictable rules and criteria and applies them consistently, thus restoring its credibility;
2020/03/02
Committee: AFET
Amendment 102 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point d
(d) to provide clear and consistent accession benchmarks as well as continued support throughout the process, and to improve the measuring of progress on the ground, ensuring that each accession country is assessed on the basis of its own merits;
2020/03/02
Committee: AFET
Amendment 164 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point m
(m) to recognise the negative effects of the European Council’s failure to open accession negotiations with Albania and North Macedonia in 2019 and to acknowledge that opening accession talks would restore credibility to the accession process, as recommended by the European Parliament;deleted
2020/03/02
Committee: AFET
Amendment 176 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point n
(n) to immediately open accession negotiations with Albania and North Macedonia;deleted
2020/03/02
Committee: AFET
Amendment 189 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point o
(o) to grant visa liberalisation to Kosovo, as the benchmarks have been fulfilled; once sufficient progresses are made on the fight against organized crime and smuggling networks;
2020/03/02
Committee: AFET
Amendment 210 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point q
(q) to increase the involvement of rule of law experts from the Member States on the ground, to increase support in State capacity building and to improve the measuring of progress in this area;
2020/03/02
Committee: AFET
Amendment 215 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point r
(r) to facilitate efforts in all Western Balkan countries to overcome political polarisation and protracted parliamentary boycotts, and to strengthen parliamentary oversight;deleted
2020/03/02
Committee: AFET
Amendment 222 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point s
(s) to fostermonitor the implementation of electoral reforms thato ensure free, fair and transparent elections, in line with international standards; to urge Western Balkan countries to overcome political polarisation and protracted parliamentary boycotts and to strengthen parliamentary oversight; to contribute to the European Parliament’s democracy support programmes in the region;
2020/03/02
Committee: AFET
Amendment 232 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point t
(t) to strengclosely associate then civil society in its role as an indispensable actor inand the youth to the proaccess of democratic consolidationion process;
2020/03/02
Committee: AFET
Amendment 253 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point x
(x) to increase EU engagement in solving outstanding bilateral issues andby nominating a double-hatted EU Special Envoy for the Western Balkans working under the authority of the HRVP, that would focus on solving lingering conflicts throughout the region; to urge the Western Balkan countries to commit to reconciliation and peaceful solutions to longstanding disputes;
2020/03/02
Committee: AFET
Amendment 335 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point a k
(ak) to acknowledge the difficulties Western Balkan countries face in managing migration and refugee flows and the substantial efforts the region has made to provide shelter and humanitarian supplies, primarily with the support of the EU; to monitor the implementation of the agreements between Western Balkan countries and the European Border and Coast Guard Agency (Frontex);
2020/03/02
Committee: AFET
Amendment 339 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point a l
(al) to improve the consistency, efficiency and transparency of Union financing in the field of external action thereby fostering the development of the Union's values, the rule of law, the fight against corruption and building strong and efficient democratic institutions;
2020/03/02
Committee: AFET
Amendment 359 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point a o
(ao) to ensure that IPA III is driven by political priorities that have a direct impact on citizens’ lives and that pre-accession funding is allocated in a transparent, proportionate, and non-discriminatory manner; to ensure scrutiny of the European Parliament over the funding;
2020/03/02
Committee: AFET
Amendment 372 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point a q
(aq) to ensure that the 2020 EU- Western Balkans Summit will evaluate, reassess and inject new dynamism into the enlargement process and provide a new impetus for the transformation of accession countriesdorse the new methodology proposed by the European Commission for a re-launch of the process in time for the Zagreb Western Balkans Summit as well as for the opening of negotiations with Albania and North Macedonia;
2020/03/02
Committee: AFET
Amendment 34 #

2019/2209(INI)

Motion for a resolution
Recital B
B. whereas cooperation between the EU and all EaP countries can be achieved and maintained only in so far as those core values and principles are respected, and fight against corruption, organized crime and money laundering are guaranteed;
2020/03/25
Committee: AFET
Amendment 70 #

2019/2209(INI)

Motion for a resolution
Recital E
E. whereas the independence, sovereignty and territorial integrity of the EU’s Eastern European Partners are still imperilled by unresolved regional conflicts, as the Russian Federation continues to undermine the sovereignty and territorial integrity of some Eastern European Partner countries, through its hybrid warfare, illegal occupation and annexation policy, cyber-attacks and disinformation, among other;
2020/03/25
Committee: AFET
Amendment 138 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point b
(b) acknowledge that those countries thate EaP policy can facilitate a process of gradual integration to the EU; that those countries, which are undertaking comprehensive reforms and taking action to meet the criteria of Article 49 of the TEU may be eligible for EU membership, through a process of gradual integrationand comprehensive integration, compliance and full respect of membership criteria, as well as taking into account the EU’s future reforms process;
2020/03/25
Committee: AFET
Amendment 167 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point d
(d) maintain the inclusive nature of the EaP by acting as a driver towards improved democratic accountability and the implementation of core liability mechanisms notably in the judiciary, a strengthened rule of law, a transparent and corruption-free public sector, better economic governance, reinforced citizens’ rights and environmental sustainability;
2020/03/25
Committee: AFET
Amendment 207 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point g a (new)
(ga) execute more often impact assessments of the EU support programs in order to increase their efficiency and to apply timely adjustments; maintain strict conditionality of the EU financial assistance with means to suspend or redirect it to projects that have a direct impact on the people;
2020/03/25
Committee: AFET
Amendment 222 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point h a (new)
(ha) acknowledge that the Eastern partnership runs both ways as the experience from the EaP countries can be shared for the mutual benefit of the EU and its Member States and the EaP countries;
2020/03/25
Committee: AFET
Amendment 256 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point j b (new)
(jb) acknowledge that strong, independent and efficient institutions at a central and local level are key to democratic accountability, deoligarchisation, and the fight against corruption and State capture;
2020/03/25
Committee: AFET
Amendment 278 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point l a (new)
(la) react faster to the deterioration of the rule of law and democratic accountability in the partner countries and apply smart conditionality to prevent the partner governments from further backsliding;
2020/03/25
Committee: AFET
Amendment 283 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point l b (new)
(lb) seek a renewed commitment by the Eastern European Partners to enact comprehensive reforms of the judicial and public administration aimed at ensuring the independence and competence of judges and civil servants;
2020/03/25
Committee: AFET
Amendment 285 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point l c (new)
(lc) adopt an EU human rights violations sanctions mechanism or an EU “Magnitsky Act” to punish individuals or entities found in breach of human rights or essential freedoms as well as involved in high-level corruption cases;
2020/03/25
Committee: AFET
Amendment 309 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point n b (new)
(nb) ensure that existing and new nuclear installations in the EaP countries comply with the highest environmental and nuclear safety standards, according to the international conventions;
2020/03/25
Committee: AFET
Amendment 363 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point r
(r) address the EU’s qualified labour shortages by increasing labour mobility from the EaP countries, including supporting circular migration schemes, and providing social guarantees;
2020/03/25
Committee: AFET
Amendment 450 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point w b (new)
(wb) take actions to ensure effective activities and the execution of a full mandate for the following existing EU missions in the EaP region, including coordination of their activities: the EU Monitoring Mission in Georgia, the EU Advisory Mission in Ukraine, and the EU Border Assistance Mission to Moldova and Ukraine, and of the EU Special Representative for the South Caucasus and the crisis in Georgia; appoint an EU Special Envoy for Crimea and the Donbas region;
2020/03/25
Committee: AFET
Amendment 457 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point w c (new)
(wc) take into consideration the calls by the Ukrainian Government for an extended international peacekeeping force along the Ukraine-Russia border and in the Luhansk and Donetsk districts; once the situation permits and as part of the full implementation of the Minsk Agreement, an EU-led CSDP mission should be offered for deployment to the parties in the conflict, to assist in tasks such as demining, assisting with preparations for local elections and securing free access for humanitarian aid organisations;
2020/03/25
Committee: AFET
Amendment 461 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point w d (new)
(wd) promote integrated border management and cooperation between the EU and associated countries, and advance law enforcement cooperation;
2020/03/25
Committee: AFET
Amendment 462 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point w e (new)
(we) continue the cooperation and the support to EaP countries’ increased resilience against hybrid threats, including propaganda, disinformation, cyber-crimes, as well as corruption, terrorism and organised crime in general;
2020/03/25
Committee: AFET
Amendment 3 #

2019/2206(INI)

Motion for a resolution
Citation 3
— having regard to Articles 1, 2, 3, 4, 18, 19 and 1847 of the Charter of Fundamental Rights of the European Union,
2020/07/08
Committee: LIBE
Amendment 6 #

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 12 #

2019/2206(INI)

Motion for a resolution
Citation 19 a (new)
— having regard to the report of the European Asylum Support Office of June 2020, entitled ‘Annual Report on the Situation of Asylum in the European Union’,
2020/07/08
Committee: LIBE
Amendment 16 #

2019/2206(INI)

Motion for a resolution
Recital -A (new)
-A. whereas the implementation of the Dublin regulation is closely linked to the implementation of other files of the European asylum and migration policy; whereas these pieces of legislations and policies impact the efficiency of the Dublin regulation and therefore need to be considered in its evaluation;
2020/07/08
Committee: LIBE
Amendment 17 #

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 2012-20131,393,920 asylum seekers applied for international protection in the EU+ in 2015 and 1,292,740 in 2016, a fourfold increase compared to 2012 (373,375) and 2013 (464,515); whereas the number of applications for international protection in the EU+ is rising again in 2018 (665,920) and 2019 (738,425); whereas about 17,700 unaccompanied minors lodged an application for international protection in 2019; whereas 86% of them were boys and 90% between 14-18 years;
2020/07/08
Committee: LIBE
Amendment 23 #

2019/2206(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas early 2020, about 855,000 asylum applications were still pending in the EU+;
2020/07/08
Committee: LIBE
Amendment 26 #

2019/2206(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas in the recent years a significant new trend was an increase in the number of applications lodged by third-country nationals who travel visa- free or with a short-term visa to enter the Schengen area; whereas in 2019 the number of applications lodged by third- country nationals who travelled visa-free accounted for one-quarter of all applications; whereas the rate of protection of these third-country nationals is often low while the volume of application is high; whereas visa waiver or short-term visa also represent a regular and safe path to enter the EU for third- country nationals eligible to international protection;
2020/07/08
Committee: LIBE
Amendment 27 #

2019/2206(INI)

Motion for a resolution
Recital A c (new)
Ac. whereas in the recent years the main countries of origin of asylum seekers in the EU+ are Syria, Afghanistan and Iraq, countries torn by civil war, violence and conflict; whereas in 2019, three countries of origin accounted for one-quarter of all applications for international protection in EU+, naming Syria, Afghanistan, and Venezuela;
2020/07/08
Committee: LIBE
Amendment 30 #

2019/2206(INI)

Motion for a resolution
Recital B
B. whereas one-third of the Member States currently play host toed 90% of asylum seekers between 2008-17;
2020/07/08
Committee: LIBE
Amendment 33 #

2019/2206(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas several “first-entry” Member States in the Mediterranean, Greece, Italy, Malta, Cyprus and Spain, received a large part of first time applications, in particular during the 2015-16 crisis; whereas a strong burden is put on first-entry countries to determine the Member State responsible for examining an application for international protection in accordance to the Dublin regulation;
2020/07/08
Committee: LIBE
Amendment 37 #

2019/2206(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas in 2018, Germany recorded the largest number of applications (184,180, or 28% of the total), followed by France (120,425 applications, or 19%), Greece (66,695 applications, or 11%), Italy (59,950 applications, or 10%) and Spain(52,700 applications, or 9%);
2020/07/08
Committee: LIBE
Amendment 38 #

2019/2206(INI)

Motion for a resolution
Recital B c (new)
Bc. whereas there are significant divergences between Member States in terms of safe-country of origin analysis;
2020/07/08
Committee: LIBE
Amendment 67 #

2019/2206(INI)

Motion for a resolution
Recital D a (new)
Da. whereas the temporary solidarity mechanism for Search and Rescue in the Mediterranean settled by the Malta declaration, and signed on 23rd September 2019 by Germany, France, Italy and Malta, was valid for a period of at least six months; whereas no other Member State joined this ad hoc agreement;
2020/07/08
Committee: LIBE
Amendment 71 #

2019/2206(INI)

Motion for a resolution
Recital D b (new)
Db. whereas information gaps do not allow for a comprehensive evaluation of the implementation of Dublin regulation; whereas statistical information is not provided to the same degree or frequency between the Member States; whereas key information gaps cover grounds for requests, duration of procedures, resources, withdrawn applications, failed transfers, appeal, processes and detention;
2020/07/08
Committee: LIBE
Amendment 82 #

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; considers that the first- entry criterion in Dublin put an unprecedented and disproportionate burden on frontline countries in 2015-16 in terms of registration and reception of asylum seekers; stresses that the introduction of hotspots and a temporary relocation programme as proposed by the Commission in 2015 was intended to rebalance the management of asylum- seekers when entering the EU territory, as a pragmatic approach compared to the strict application of Dublin regulation principles; takes the view that the EU therefore needs a solidarity mechanism which makes for fair sharing of burdens and responsibility among Member States in accordance with article 80 TFEU, including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asylum;
2020/07/08
Committee: LIBE
Amendment 118 #

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; notes that Article 33 has actually never been applied, not even during the migration crisis in 2015-16; considers that a solidarity-based crisis management mechanism, endowed with a financial instrument managed by the Commission, should be established to ensure continuity of the right of asylum in the EU under the best possible conditions;
2020/07/08
Committee: LIBE
Amendment 126 #

2019/2206(INI)

Motion for a resolution
Paragraph 4
4. CUnderlines that the discretionary clause of article 17 which grants discretion to a Member State to undertake responsibility for an asylum application is used with parsimony and only by few Member States; notes that Germany, Netherlands and France accounted for the majority of cases in 2018; calls on the Member States to make use of the discretionary clause in Article 17 when exceptional circumstances so warrant, for example to relocate asylum seekers currently living in the Greek hotspots in an atmosphere of extreme tension and to provide decent reception conditions;
2020/07/08
Committee: LIBE
Amendment 177 #

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 applyingPoints out numerous and systematic deficiencies as regards compliance with the hierarchy of criteria; stresses that family unity is far from being the most frequent criterion applied, whereas it is at the top of the hierarchy according to chapter III of the regulation; notes for instance that the family reunificationt criterion and to harmonise the standard of proof required; calls on the Member States and the Commission to protect the best interests of children and to clarify the criteria for keeping children in detentionwas invoked in 5% of “take charge” requests in France (out of 12 000) and in 3.7% in Germany (out of 17 500), and in even lower figures in Belgium, Sweden, Switzerland; underlines on the contrary that Greece issued 79.3% of its “take charge” request on the basis of the family unity criterion in 2018; also stresses that applications for family reunification are less frequently accepted (48% of cases), compared to the average rate of acceptance for all procedures (67.6%); Calls on the Commission to monitor compliance with the hierarchy of criteria more closely;
2020/07/08
Committee: LIBE
Amendment 184 #

2019/2206(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Regards it as essential to clarify the conditions for applying the family reunification criterion and to harmonise the standard of proof required; recalls that the best interest of the child should be the primary consideration in all Dublin procedures according to the regulation; notes that good practices are developed in certain Member States, such as the use of specialised staff for unaccompanied minors or the multidisciplinary approach to determine the age; yet, is deeply concerned that the appointment of a representative to assist unaccompanied minors with respect to Dublin procedures is often delayed or not assured in many Member States due to practical challenges; also notes that the representatives in some countries are insufficiently informed about Dublin procedures and that unaccompanied minors lack child-friendly support; calls on the Member States and the Commission to better protect the best interests of children;
2020/07/08
Committee: LIBE
Amendment 190 #

2019/2206(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Detention shall be as short as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this Regulation is carried out; stresses that in the absence of harmonised criteria for determining the risk of absconding, Member States have adopted divergent and sometime controversial criteria; calls on the Member States and the Commission to clarify the criteria for keeping asylum seekers in detention;
2020/07/08
Committee: LIBE
Amendment 197 #

2019/2206(INI)

Motion for a resolution
Paragraph 9
9. Stresses that the number of transfer procedures has increased significantly, in 2016-17, generating considerable human, material and financial costs; deplores, however, the fact that in only 11% of cases are transfers actually carried out, a further factor in the permanent overloading of asylum systems; stresses the lack of cooperation and information-sharing between Member States; regards efforts to combat secondary movements as essential in order to reduce the number of transfer requests; proposes that the conditions which trigger transfer procedures be clarified and harmonisedunderlines that between 2016 and 2019, Germany and France issued by far the most requests (68% of the total for the two countries alone), while Spain, Estonia, Lithuania, Latvia, Slovakia, Bulgaria, Poland and Czech Republic issued few Dublin requests; stresses that Spain issued almost no Dublin requests, despite a large and growing number of asylum applications; 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; underlines that there are significant differences between countries, with 54.6% of transfers carried out from Greece, 42.2% from Sweden, 11.2% from Germany, 6.7% from France, and 1.6% from Italy between 2016 and 2019, while noting significant information gap for a number of countries;
2020/07/08
Committee: LIBE
Amendment 207 #

2019/2206(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Highlight the important body of ECtHR and CJEU case law in the recent years that clarified the admissible grounds for denying Dublin transfers, in particular any source of risk to the individual; notes in particular an increasing amount of decisions from European and nationals courts to suspend transfers to Member States where an asylum seeker would be unfairly denied international protection (indirect refoulement) or would be denied their rights in the Dublin procedure; deplores that asylum seekers are victims of inhumane or degrading treatment in certain Member States;
2020/07/08
Committee: LIBE
Amendment 212 #

2019/2206(INI)

Motion for a resolution
Paragraph 9 c (new)
9c. Stresses that the efficiency of Dublin procedures also depends on the quality and size of staff in each national asylum authority; notes important gaps between asylum authorities in terms of number of staff per asylum applicants; stresses that national Dublin Units are understaffed while facing significant increase in their workload;
2020/07/08
Committee: LIBE
Amendment 213 #

2019/2206(INI)

Motion for a resolution
Paragraph 9 d (new)
9d. Stresses the lack of cooperation and information-sharing between Member States; notes that “take back” requests have been the dominant form of Dublin procedures in recent years, meaning that most persons placed in a Dublin procedure had already applied for asylum in another Member State; regards efforts to combat secondary movements as essential in order to reduce the number of transfer requests; stresses that the strict application of the “irregular entry” criterion puts a disproportionate burden on first-entry countries, who often lack resources and capacities to host and register asylum seekers; recalls that the time limits at each stages of the Dublin procedure are meant to keep the procedure short and enable fast access to the asylum procedure; notes that there are still a lack of clarity and variations between the Member States for the calculation of time limits and the point at which the clock starts for each procedure; proposes that the conditions which trigger transfer procedures be clarified and harmonised;
2020/07/08
Committee: LIBE
Amendment 225 #

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 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 229 #

2019/2206(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Stresses that the quality and amount of information provided to the applicants along the Dublin procedures is far from being satisfactory, varies significantly between countries, and in some cases within countries; notes that different factors affect the compliance the right of information, such as the quality and clarity of information, the access to an interpreter, the availability of translated documents, the access to information in due time; recalls that the right to information according to article 4 of the regulation is essential regarding the complex nature of Dublin procedures and to guarantee the access to a fair examination of an asylum application in the EU; underlines that gaps in this field can be related to a lack of resources but also results from deliberate policy choices in certain countries; calls on the Member States to improve the information made available to asylum seekers, to ensure that it is clear and accessible to everyone;
2020/07/08
Committee: LIBE
Amendment 252 #

2019/2206(INI)

Motion for a resolution
Paragraph 14
14. TStresses that the Commission's network of Member States’ Dublin units met only once or twice a year and did not have an operational role; notes however that the EASO Dublin Units Network has been more active and that EASO has carried-out a number of useful missions in support to Member States for implementing the Dublin regulation, such as the production of guidance documents and analysis, or the deployment of agents; takes the view that closer cooperation between national asylum authorities is needed, in order to share information and streamline transfers; proposes that EASO be given the task of drawing up enhanced governance arrangements for the application of the Dublin III Regulation, including a monthly operational dialogue between national authorities, and a platform for the exchange and sharing of information and best practices;
2020/07/08
Committee: LIBE
Amendment 281 #

2019/2206(INI)

Motion for a resolution
Paragraph 17
17. UNotes that bilateral agreements have been concluded between Member States to improve the efficiency of Dublin procedures or ensure the transfer of asylum seekers; urges the Commission and the Council to work towards convergence in the bilateral agreements concluded between Member States and with third countries, in order to optimise implementation of the Dublin III Regulation;
2020/07/08
Committee: LIBE
Amendment 284 #

2019/2206(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Considers that the implementation of the Dublin regulation is not effective as the primary objectives are not met, i.e. a swift and fair determination of the Member States responsible for an application to international protection; recalls that significant gaps of implementation are identified for a number of Dublin provisions; stresses that the regulation is highly inefficient with regard to the cost of implementation compared to the efficiency of the regulation;
2020/07/08
Committee: LIBE
Amendment 17 #

2019/2200(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Expresses concerns over continuous political polarization and the lack of effective political dialogue in Georgia, which necessitated facilitation by the Head of the EU Delegation in Tbilisi to reach the Memorandum of Understanding of 8 March 2020, and the negative effect such political division may have on reforms related to the AA and DCFTA implementation;
2020/05/26
Committee: AFET
Amendment 20 #

2019/2200(INI)

Motion for a resolution
Paragraph 2
2. Reiterates its full support for Georgia’s sovereignty and territorial integrity within its internationally recognised borders and condemns the illegal occupation of the Georgian regions of Abkhazia and Tskhinvali/South Ossetia by the Russian Federation, as well as ongoing illegal borderisation along the dividing lines, which escalate the situation, damage the security environment and cause further hardships to the local population, including abductions of Georgian citizens from unoccupied Georgian territory; emphasises that the AA covers the entire territory of Georgia, including its occupied regions, and aims to benefit its whole population; calls on the Russian Federation to fulfil its obligations under the EU- mediated ceasefire agreement of 12 August 2008, notably to withdraw all its military forces from Georgia’s occupied territories and allow the European Union Monitoring Mission (EUMM) unhindered access to the whole territory of Georgia; asks the Commission and the EEAS to enhance their efforts to resolve the conflict peacefully, including through the EUMM and the EU Special Representative for the South Caucasus and the crisis in Georgia;
2020/05/26
Committee: AFET
Amendment 38 #

2019/2200(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Welcomes strengthened international law enforcement cooperation between Georgia and the Europol and notes the importance of continuous efforts to combat serious and organized cross-border criminal activities, particularly human trafficking and trafficking of illegal drugs;
2020/05/26
Committee: AFET
Amendment 48 #

2019/2200(INI)

Motion for a resolution
Paragraph 4
4. Commends the Georgian authoriefforts by the major Georgian political parties forto completinge the constitutional reform process and the major political parties for, particularly the signing of 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;October 2020 parliamentary elections; however, expresses deep concerns over attempts by the ruling party to avoid implementation of the agreement to its full extent, welcomes the input made by the President of Georgia to ensure its undivided application and calls on all parties to ensure that the agreement is translated into law and fully implemented as soon as possible;
2020/05/26
Committee: AFET
Amendment 56 #

2019/2200(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Notes that the upcoming parliamentary elections will be pivotal in confirming Georgia’s democratic credentials;
2020/05/26
Committee: AFET
Amendment 58 #

2019/2200(INI)

Motion for a resolution
Paragraph 5
5. Calls on the Georgian authorities to implement swiftly and fully the OSCE/ODIHR recommendations and review relevant legislation to address the identified shortcomings; ensure that concerns enumerated in the OSCE/ODIHR and other legitimate election observation reports, particularly related to the use of public resources for political campaigning, impunity of violence, vote-buying as well as the ability of voters, especially civil servants, “to vote free from pressure and fear of retribution” are eliminated;
2020/05/26
Committee: AFET
Amendment 71 #

2019/2200(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Notes the importance to ensure editorial independence and pluralistic opinions in Georgian Public Broadcaster and Adjara Public Broadcaster and to eliminate cases of political persecution against media owners and managers in order to ensure a fair and free environment for media outlets and journalists, in which they could carry their duties in adherence to the internationally accepted professional standards and would enjoy timely and equal access to all public information;
2020/05/26
Committee: AFET
Amendment 82 #

2019/2200(INI)

Motion for a resolution
Paragraph 7
7. Expresses its concern about recent court cases against opposition politicians and media owners, 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 for the release of Giorgi Rurua, an independent media owner and entrepreneur, as part of the Memorandum of Understanding of 8 March 2020; 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 93 #

2019/2200(INI)

Motion for a resolution
Paragraph 8
8. Calls for a revision of the selection procedures for judges to be carried out to ensure that the recommendations of the Venice Commission and the OSCE/ODIHR are fully implemented before any new appointments are made; regrets that the recent selection procedure of Supreme Court judges suffered from serious shortcomings;
2020/05/26
Committee: AFET
Amendment 101 #

2019/2200(INI)

Motion for a resolution
Paragraph 9
9. Strongly condemns the cyber- attacks against Georgian institutions and media outlets widely attributed to Russian actors; takes note with concern that in December 2019 and May 2020 hundreds of coordinated inauthentic pages and profiles sponsored by the ruling party, spreading criticism of the opposition and local activist organizations were removed by Facebook and calls on all political actors in Georgia to refrain from using social media to attack people, organisations and institutions and spread deliberate misinformation; encourages to review relevant legislation to protect the personal data of Internet users from, inter alia, secret surveillance;
2020/05/26
Committee: AFET
Amendment 138 #

2019/2200(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls on the Parliament of Georgia to strengthen its capacities to exercise the parliamentary control mechanisms, particularly control over the security system; encourages to increase the role of the opposition in the process of parliamentary oversight, to simplify the procedures for summoning members of the government and other accountable officials and establishing a centralized recording system to provide timely and complete information on parliamentary control to all interested stakeholders;
2020/05/26
Committee: AFET
Amendment 139 #

2019/2200(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Acknowledges the role of Georgian civil society in supporting and monitoring the implementation of AA and DCFTA and calls on the Georgian Government and the Parliament to establish formal mechanisms governing their liaison with the civil society; notes the importance of launching national support mechanisms for the activities of the civil society in addition to those provided by the EU and the international donor community;
2020/05/26
Committee: AFET
Amendment 144 #

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; encourages Georgia to take a full advantage of trade opportunities, particularly of DCFTA, and to develop its export capacities beyond agricultural commodities and raw materials;
2020/05/26
Committee: AFET
Amendment 14 #
2020/12/15
Committee: AFET
Amendment 43 #

2019/2176(INI)

Motion for a resolution
Recital A
A. whereas being a candidate country presumes a willingness to progressively approach in all aspects the values, interests, standards and policies of the EU and to respect and uphold the Copenhagen criteria and to align itself with EU policies and objectives;
2020/12/15
Committee: AFET
Amendment 54 #

2019/2176(INI)

Motion for a resolution
Recital B
B. whereas an analysis of the Commission’s reports on Turkey since 2014 and, in particular, the 2019 and 2020 reports, reveals that Turkey has increasingly and rapidly distanced itself from the EU’s values and its normative framework; not only by the domestic democratic backsliding but also by aggressive foreign policy moves, including illegal actions against EU member states; notes that these reports state that Turkey did not implement the recommendations of the previous reports, pointing to a lack of commitment from the Turkish side and calling into question Turkey’s wish for accession;
2020/12/15
Committee: AFET
Amendment 67 #

2019/2176(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the European Parliament has substantially cut the Pre-Accession funding for Turkey, in light of the democratic backsliding and inability to adhere to the rule of law;
2020/12/15
Committee: AFET
Amendment 71 #

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 European Council, in its conclusions of 1 October 2020, offered Turkey a renewed and broad positive agenda, provided that constructive efforts are sustained, in a further attempt to restore our relations; whereas after the European Council meeting of October 2020, no such constructive efforts were made;
2020/12/15
Committee: AFET
Amendment 102 #

2019/2176(INI)

Motion for a resolution
Paragraph 1
1. Notes with concern that Turkey’the Turkish government's continuous and growing distancing from European values and standards hasand the Turkish president’s threats and openly provocative, on occasions insulting, statements against the EU and its leaders have brought EU- Turkey relations to a historical low point, having deteriorated to such an extent that it requires both parties to profoundly reassess the current framework of relations;
2020/12/15
Committee: AFET
Amendment 177 #

2019/2176(INI)

Motion for a resolution
Paragraph 6
6. Regrets the current lack of understandingstate of play of relations between the EU and Turkey, but reaffirms its firm conviction that Turkey is a strategic neighbour, key for the stability of the wider region, and ally with which the EU wishes to have the best possible relations, including within NATO; is deeply concerned about Turkey's current destabilising role in the wider region through its involvement in several conflicts;
2020/12/15
Committee: AFET
Amendment 209 #

2019/2176(INI)

Motion for a resolution
Paragraph 7
7. Expresses its will to strengthen and deepen mutual knowledge and understanding between Turkish and European societies, combating all manifestations of social, religious or cultural prejudice; expresses its full commitment to continue supporting Turkey’s independent civil society in whatever circumstances and framework of relations that the future may bring; believes, nevertheless, that the accession process would still be the mostis a powerful tool to exercise normative pressure on the Turkish government and the best framework to sustain the democratic and pro-European aspirations of Turkish society; stresses that a purely transactional relationship will hardly contribute to the advancement of Turkey towards a more democratic modrecognises however that the advancement of Turkey towards a more democratic model will require political will at the highest political level;
2020/12/15
Committee: AFET
Amendment 271 #

2019/2176(INI)

Motion for a resolution
Paragraph 14
14. Is deeply worried about the disregard by the Turkish judiciary of European Court of Human Rights (ECtHR) rulings and the increasing non-compliance of lower courts with the judgments of the Constitutional Court; recognises that there have been instances where Turkey has requested the re-trial of its prisoners following a decision by the ECtHR however, notes with regret that these retrials often fail to meet internationally recognised standards for a fair trial, such as in the Ilhan Sami Comak case;
2020/12/15
Committee: AFET
Amendment 308 #

2019/2176(INI)

Motion for a resolution
Paragraph 16
16. Is deeply concerned about the constant attacks and pressure on the opposition parties and sentencing of members of the opposition, which undermines the proper functioning of a democratic system;
2020/12/15
Committee: AFET
Amendment 325 #

2019/2176(INI)

Motion for a resolution
Paragraph 18
18. Calls on Turkeythe Turkish government 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; is appalled by the tragic death of human rights lawyer Ebru Timtik after 238 days of hunger strike at protest of her unfair trial after being convicted of membership of a terrorist organisation;
2020/12/15
Committee: AFET
Amendment 352 #

2019/2176(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Reaffirms its call expressed in its resolution of 15 April 2015 and once again encourages Turkey to recognise the Armenian Genocide, thus paving the way for a genuine reconciliation between the Turkish and Armenian peoples; in this regard calls on Turkey to refrain from any anti-Armenian propaganda and hate- speech and to fully respect its obligations to protect Armenian and other cultural heritage;
2020/12/15
Committee: AFET
Amendment 377 #

2019/2176(INI)

Motion for a resolution
Paragraph 21
21. Urges Turkeythe Turkish government to protect the rights of minorities and vulnerable groups, including women, LGBTI people and ethnic and religious minorities and to take further measures to end violence against women and the deplorable practice of so called “honour killings”; calls on Turkey to fully implement and abide by the Istanbul Convention to which it has signed up;
2020/12/15
Committee: AFET
Amendment 475 #

2019/2176(INI)

Motion for a resolution
Paragraph 25
25. RecallAhead of the 10-year anniversary of the conflict in Syria, commends the laudable role played by Turkey in responding to the migration crisis resulting from the war in Syria; acknowledges that Turkey continues to host and provide social services for 3.6 million Syrian refugees; takes the view that the EU should continue to give the necessary support to Syrian refugees and host communities in Turkey; supports an objective assessment of the EU-Turkey Statement and underlines the importance of both parties’ compliance with their respective commitments; recognizes the migratory pressure Turkey is facing however, firmly objects to the Turkish government using migrants as blackmail against the EU;
2020/12/15
Committee: AFET
Amendment 516 #

2019/2176(INI)

26. Stresses that a modernisation of the Customs Union cwould 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 envisage any modernisation of the Customs Union given the current circumstancebelieves that a door should be left open for a modernisation of the Customs Union but stresses that would require a change of attitude and constructive efforts by the Turkish government to improve overall relations and would need to be based on strong conditionality related to human rights and fundamental freedoms; 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 542 #

2019/2176(INI)

Motion for a resolution
Paragraph 27
27. Is deeply concerned by the ongoing dispute in the Eastern Mediterranean and the related risk of a military escalation; condemns Turkey’s illegal activities in Greek and Cypriot waters, which violate both the sovereign rights of EU Member States and international law; expresses its full solidarity with Greece and the Republic of Cyprus; urges Turkey to engage in the peaceful settlement of disputes and to refrain from any unilateral and illegal action or threat; welcomes the proposal of the European Council for a Multilateral Conference on the Eastern Mediterranean and calls on the High Representative to launch it as soon as soon as possible;
2020/12/15
Committee: AFET
Amendment 588 #

2019/2176(INI)

Motion for a resolution
Paragraph 29
29. Strongly condemns the Turkish military interventions in Syria, especially in the northeast and Idlib, which constitute grave violations of international law; reiterates its position as expressed in its resolution of 24 October 2019 on the Turkish military operation in northeast Syria and its consequences, including the call for an EU-wide arms embargo on Turkey;
2020/12/15
Committee: AFET
Amendment 608 #

2019/2176(INI)

Motion for a resolution
Paragraph 30
30. Calls on Turkey to remain committed to the peaceful resolution of the conflict in Libya under the auspices of the UN, and to fully adhere to the arms embargo imposed by the UN Security Council and to not obstruct EU and NATO missions mandated to enforce the UN arms embargo on Libya;
2020/12/15
Committee: AFET
Amendment 619 #

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 Co-Chairs of the Organization for Security and Co-operation in Europe (OSCE) Minsk Group, Turkey instead decided to unconditionally sustain the military actions of one of the sides in the recent conflict in Nagorno-Karabakh; strongly condemns the transfer of foreign fighters by Turkey and Azerbaijan from Syria and elsewhere to the conflict zone, as confirmed by international actors, including the OSCE Minsk Group Co- Chair countries; is concerned by the destabilizing role of Turkey, which puts at risk the security of the whole South Caucasus region and calls on Turkey to refrain from any military interference in the Nagorno-Karabakh conflict;
2020/12/15
Committee: AFET
Amendment 621 #

2019/2176(INI)

Motion for a resolution
Paragraph 31
31. RFirmly 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 one of the sides in the recent conflict in Nagorno-Karabakh thereby resorting to provocative rhetoric fuelling tensions instead of reducing them ; condemns the transfer of foreign fighters by Turkey from Syria and elsewhere to Nagorno-Karabakh, as confirmed by international actors, including the OSCE Minsk Group Co- Chair countries;
2020/12/15
Committee: AFET
Amendment 640 #

2019/2176(INI)

Motion for a resolution
Paragraph 31 a (new)
31a. Recognizes the importance of a well-functioning NATO; deplores in this regard Turkey’s unilateral actions undermining NATO, obstructing its functioning and fuelling tensions within the alliance, including the purchase of Russian S-400missiles and provocative moves against allies operating under NATO command; calls on the Turkish government to overcome these tensions by halting actions that go against the interests of the alliance;
2020/12/15
Committee: AFET
Amendment 648 #

2019/2176(INI)

Motion for a resolution
Paragraph 31 b (new)
31b. Calls on the EEAS StratCom division to document suspicions of Turkish disinformation directed at the EU, particularly in Africa and the MENA region and to report its findings to the European Parliament;
2020/12/15
Committee: AFET
Amendment 650 #

2019/2176(INI)

Motion for a resolution
Paragraph 31 c (new)
31c. Calls for a transatlantic dialogue on relations with Turkey, as soon as the new US administration takes office, with the view of adopting a joint policy towards Turkey to assist in bringing Turkey back to compliance with values, interests and standards of the EU and of NATO;
2020/12/15
Committee: AFET
Amendment 653 #

2019/2176(INI)

Motion for a resolution
Paragraph 32
32. Believes that it is high time to review the EU’s relations with Turkey and to define a comprehensive, unified and coherent strategy for the medium to long term, among all EU institutions and Member States; believes that the EU should not confuse Turkey with the policies of its current government, therefore underlines that the EU should remain committed to support Turkey’s civil society, human rights defenders and journalists and to increase opportunities for people-to-people contacts, academic dialogue, access for Turkish students to European universities, and media platforms for journalists with the objective of protecting and promoting democratic values and principles, human rights and the rule of law;
2020/12/15
Committee: AFET
Amendment 684 #

2019/2176(INI)

Motion for a resolution
Paragraph 33
33. Takes the view that enhancing communication and dialogue at all levels are key to restoring mutual trust between the EU and Turkey; deplores the continuous and unjustified refusal of the Turkish side to reinstexpresses in this regard the hope thate the normal functioning of the EU-Turkey Joint Parliamentary Committee can be reinstated soon;
2020/12/15
Committee: AFET
Amendment 691 #

2019/2176(INI)

Motion for a resolution
Paragraph 33 a (new)
33a. Calls on the European Council to take appropriate actions against Turkey, including restrictive measures, given the absence of progress, but underlines that these sanctions should not have an adverse impact on the Turkish people, its civil society or the refugees in Turkey;
2020/12/15
Committee: AFET
Amendment 52 #

2019/2175(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the fact that EU membership continues to be Serbia’s strategic goal and that it is among the priorities of the newly elected government; notes however that the stated intentions of Serbian officials are often not followed by actions; expects a clear and unambiguous commitment by Serbia, in both words and deeds, to fulfilling all of its obligations towards EU accession in a visible and verifiable way;
2020/12/15
Committee: AFET
Amendment 62 #

2019/2175(INI)

Motion for a resolution
Paragraph 2
2. Underlines that the momentum created by the new mandate following the 21 June 2020 elections in Serbia is an opportunity to make important progress towards Serbia’s European perspective; takes note of the OSCE/ODIHR report on the elections and the substantial deficiencies of the election process outlined therein; notes that the new composition of the Serbian Parliament does not guarantee an effective scrutiny over the government's actions, which is usually provided by the opposition; advocates for the opening of additional negotiating chapters as Serbia makes the necessary commitments to reform; notes that the clearly set conditionality linked to the opening of chapters is a tool for achieving sustainable pro-European change in Serbia;
2020/12/15
Committee: AFET
Amendment 69 #

2019/2175(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Calls on the Serbian Government to officially adopt the new enlargement methodology of the European Commission and to appoint a new Head of the Negotiating Team for Serbia's accession to the European Union as soon as possible; calls on the Government to raise the administrative capacities of the Ministry of European Integration, in order to adequately conduct membership negotiations;
2020/12/15
Committee: AFET
Amendment 71 #

2019/2175(INI)

Motion for a resolution
Paragraph 2 b (new)
2b. Welcomes the cooperation between the Serbian Government and the National Assembly on the National Convention on the European Union (NCEU); calls on Serbian institutions to do their utmost to make the European integration process as inclusive and open as possible;
2020/12/15
Committee: AFET
Amendment 79 #

2019/2175(INI)

Motion for a resolution
Paragraph 3
3. Notes that Serbia has continued aligning its legislation with the acquis; regrets that the pace of the alignment has been significantly slower than what the Government originally planned, including in the period before the outbreak of the COVID-19 pandemic; underlines thatlimited progress on the rule of law and fundamental rights chapters, as well as on; stresses that the normalisation of relations with Kosovo, and the factual respect of fundamental rights continues to be essential and will determine the pace of accession negotiations;
2020/12/15
Committee: AFET
Amendment 90 #

2019/2175(INI)

Motion for a resolution
Paragraph 4
4. Stresses the importance of strategic communication on EU accession by Serbian stakeholders; underlines that public discussion about EU accession must be based on facts and must promote the full respect of fundamental rights and democratic values upon which the EU is based; ; encourages the Serbian authorities to communicate more actively their commitment to European values in public debate;
2020/12/15
Committee: AFET
Amendment 97 #

2019/2175(INI)

Motion for a resolution
Paragraph 5
5. Calls on Serbia and the EU Member States to pursue a more active and effective communication policy on the European perspective, aimed at both Serbian and EU citizens; expresses concern over the promotion of anti-EU messages and rhetoric by publicly financed media outlets;
2020/12/15
Committee: AFET
Amendment 112 #

2019/2175(INI)

Motion for a resolution
Paragraph 7
7. Takes note of the conclusions of the final report of the OSCE/ODIHR special election assessment mission that the 21 June 2020 parliamentary elections were administered efficiently but that the dominance of the ruling party, including in the media, was of concern; regrets the persistence throughout this election cycle of long-term trends of pressures on voters, media bias and blurring of the lines between activities of state officials and partisan campaigning, including in the case of the President of the Republic; expresses concern over allegations of irregular voter registration in the June 2020 elections and urges the authorities to investigate this matter; calls on the authorities to address fully all ODIHR recommendations well ahead of the nextin order to guarantee free and fair future elections;
2020/12/15
Committee: AFET
Amendment 117 #

2019/2175(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Notes with concern that just weeks before the scheduled elections the ruling party changed important elements of the electoral system, notably the electoral threshold, in a process that lacked public discussion, transparency and inclusiveness;
2020/12/15
Committee: AFET
Amendment 121 #

2019/2175(INI)

Motion for a resolution
Paragraph 8
8. Regrets the decision by parts of the opposition to boycott the elections and stresses that in light of the findings of the OSCE/ODIHR special election assessment mission, the authorities should also be held responsible for provoking such decision; stresses that the only way to guarantee political representation for their constituents is by engaging in political and electoral processes;
2020/12/15
Committee: AFET
Amendment 126 #

2019/2175(INI)

Motion for a resolution
Paragraph 9
9. Welcomes the establishment of the Inter-Party Dialogue (IPD) facilitated by the European Parliament and the initial measures taken by the Serbian authorities and the parliamentary majority to improve electoral conditions; regrets that the majority of given commitments were only partially or not at all fulfilled by the Serbian authorities, including appointments to the Regulatory Council on Electronic Media (REM) which were decided without any input from the participating opposition and the failure of the public service broadcaster (RTS) to properly implement all of the agreed changes; calls for further implementation of all commitments undertaken in the framework of the IPD;
2020/12/15
Committee: AFET
Amendment 130 #

2019/2175(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Condemns the series of verbal attacks on Members of the European Parliament, including on one of the facilitators in the IPD, by ruling party MPs and by media close to the ruling party;
2020/12/15
Committee: AFET
Amendment 140 #

2019/2175(INI)

Motion for a resolution
Paragraph 11
11. Calls on the new government to focus on effective and verifiable fundamental reforms and address existing and potentially additional deep structural shortcomings in the areas of rule of law, fundamental rights, the functioning of democratic institutions and public administration;
2020/12/15
Committee: AFET
Amendment 147 #

2019/2175(INI)

Motion for a resolution
Paragraph 12
12. Urges Serbia to deliver convincing results, including a sustainable track record with effective investigations in areas of concern such as the judiciary, media freedom, freedom of expression and the fight against corruption and organised crime, in particular regarding corruption allegations with a high level of public interest, such as the cases of Krušik, Jovanjica and Telekom Srbija; reiterates its call for justice from 2018 with regard to the unlawful demolition of private property in the Belgrade neighbourhood of Savamala;
2020/12/15
Committee: AFET
Amendment 163 #

2019/2175(INI)

Motion for a resolution
Paragraph 13
13. Urges the Serbian parliament to adopt constitutional reforms aimed at strengthening the independence and professionalism of the judiciary;
2020/12/15
Committee: AFET
Amendment 164 #

2019/2175(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Regrets that the Serbian Parliament failed to adopt constitutional reforms aimed at strengthening the independence of the judiciary, which were originally scheduled in 2017; notes that the lack of representativeness of the current parliament does not bode well for their adoption in the current mandate;
2020/12/15
Committee: AFET
Amendment 167 #

2019/2175(INI)

Motion for a resolution
Paragraph 13 b (new)
13b. Expresses concern about the effective functioning of the new parliament, where there is no parliamentary opposition, whose legitimacy is challenged by opposition parties and whose term has already been announced to be shortened by the Serbian President, and that adopts far-reaching constitutional changes without an open, inclusive and democratic public debate, especially in the area of judiciary;
2020/12/15
Committee: AFET
Amendment 177 #

2019/2175(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Stresses that the Serbian Parliament still does not exercise effective oversight of the executive, and that the transparency, inclusiveness and quality of the legislative process need to be further improved; welcomes the declining use of urgent procedures to adopt legislation and calls on the Serbian Parliament to review the practice of filibustering and whether it stifles democratic debate;
2020/12/15
Committee: AFET
Amendment 179 #

2019/2175(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Emphasises that all actions which limit the ability of the Serbian Parliament to conduct an effective debate on, and scrutiny of, legislation should be avoided; underlines the importance of the work of the opposition in a democracy and underlines that its politicians should not be subject to slander and libel; regrets that some politicians misuse the public discourse to fuel the rise of radicalism;
2020/12/15
Committee: AFET
Amendment 183 #

2019/2175(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Believes that the acquisition of two television channels with national coverage in December 2018 by an individual connected with the ruling party represented a step towards monopolisation of the media landscape in the country by the ruling party; invites the editorial teams of all television channels with national coverage in Serbia to respect the highest professional standards and allow for differing opinions to be heard regularly;
2020/12/15
Committee: AFET
Amendment 186 #

2019/2175(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Is concerned about allegations made by investigative journalists of government manipulation of COVID-19 statistics for political and electoral purposes; stresses that trust and transparency are of particular importance in the government’s efforts against COVID-19 and that the authorities should ensure that no doubt is cast on the validity of publicly available data;
2020/12/15
Committee: AFET
Amendment 193 #

2019/2175(INI)

Motion for a resolution
Paragraph 16
16. Regrets the lack of progress on media freedom, abusive language, intimidation and even hate speech, including from members of the ruling parties, whose responsibility to act with respect towards all the representatives of the media is of utmost importance; urges Serbian authorities to take immediate measures to guarantee freedom of expression and media independence;
2020/12/15
Committee: AFET
Amendment 197 #

2019/2175(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Regrets that the work of civil society organisations takes place in an environment that is not open and even hostile to criticism, with some CSOs facing particular pressure, threats and intimidation from the government and the media close to the ruling party; urges the authorities to enable an atmosphere that allows all civil society organisations to carry out their work in a safe and unobstructed manner;
2020/12/15
Committee: AFET
Amendment 199 #

2019/2175(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Urges the authorities to fully clarify the situation concerning investigations on CSOs and journalists for money laundering and stresses that any unjustified investigation is considered an act of intimidation;
2020/12/15
Committee: AFET
Amendment 205 #

2019/2175(INI)

Motion for a resolution
Paragraph 16 c (new)
16c. Condemns the lack of media freedom and dominance of abusive language, intimidation and hate speech towards members of the parliamentary opposition, independent intellectuals, NGOs, journalists and prominent individuals who criticize government policies;
2020/12/15
Committee: AFET
Amendment 208 #

2019/2175(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. While firmly condemning all acts of violence, notes that incidents of disproportional use of police force during the July 2020 protests deserve particular attention of the authorities, as well as the treatment of Mr. Aleksandar Obradović, who provided proof of alleged corruption in the state-owned arms manufacturer Krušik; stresses that all cases in which it is determined that police has overstepped its authority should be properly investigated and sanctioned;
2020/12/15
Committee: AFET
Amendment 211 #

2019/2175(INI)

Motion for a resolution
Paragraph 17
17. Notes that the legal and institutional framework for upholding human rights is formally broadly in place and, but lacks mechanisms to ensure that these fundamental rights are effectively respected; calls for its more effective implementation, with particular regard to the most vulnerable groups in society, including national minorities, in the areas of education, use of minority languages, adequate representation in public administration and the judiciary;
2020/12/15
Committee: AFET
Amendment 237 #

2019/2175(INI)

Motion for a resolution
Paragraph 19
19. Underlines the need for protection of LGBTI rights; calls for more adequate and effective responses from the authorities to hate speech and hate- motivated crimes;
2020/12/15
Committee: AFET
Amendment 249 #

2019/2175(INI)

Motion for a resolution
Paragraph 21
21. Welcomes Serbia’s engagement in regional cooperation initiatives; encourages Serbia to sustain its efforts at all levels aimed at reconciliation and strengthening good neighbourly relations; invites Serbia to engage in the resolution of all remaining border disputes with its neighbours in a constructive and timely manner.
2020/12/15
Committee: AFET
Amendment 264 #

2019/2175(INI)

Motion for a resolution
Paragraph 22
22. Stresses that the normalisation of relations between Serbia and Kosovo is a priority and a precondition for EU accession; calls for active and constructive engagement in the EU-facilitated dialogue led by the EU Special Representative seeking a comprehensive and legally binding agreement, in accordance with international law; reiterates its call to move forward with the full implementation, in good faith and in a timely manner, of all the agreements already reached; reiterates its call to the authorities to refrain from using inflammatory language towards the citizens of Kosovo of Albanian ethnicity;
2020/12/15
Committee: AFET
Amendment 283 #

2019/2175(INI)

Motion for a resolution
Paragraph 26
26. WelcomNotes the progress Serbia has made in the development of a functional market economy; invites Serbia to continue its efforts to boost competitiveness and long- term and inclusive growth through structural reforms; calls on the Serbian government to directly tackle the issue of corruption, which stifles the development of a functional market economy, and to address the 2020 Group of States against Corruption (GRECO) concerns;
2020/12/15
Committee: AFET
Amendment 317 #

2019/2175(INI)

Motion for a resolution
Paragraph 30
30. Reiterates the importance of alignment with the EU common foreign and security policy (CFSP), which must progressively become an integral part of Serbia’s foreign policy; regrets the general lack of effective alignment with the CFSP in the past 5 years;
2020/12/15
Committee: AFET
Amendment 322 #

2019/2175(INI)

Motion for a resolution
Paragraph 30 a (new)
30a. Stresses that moving the Serbian Embassy in Israel from Tel Aviv to Jerusalem would contradict the position of the European Union on the long-term two state solution to the Israel-Palestine dispute;
2020/12/15
Committee: AFET
Amendment 324 #

2019/2175(INI)

Motion for a resolution
Paragraph 30 b (new)
30b. Underlines the need for the EU and the United States to strengthen their partnership and coordination in the Western Balkans in order to advance key reforms, improve governance and reconciliation;
2020/12/15
Committee: AFET
Amendment 329 #

2019/2175(INI)

Motion for a resolution
Paragraph 31
31. Welcomes the fact that Serbia aligned with the EU’s position on the presidential elections in Belarus; remains however concerned that Serbia has failed to align with the sanctioning of Belarusian officials and with the EU’s position on the new security law in China; calls on Serbia to increase its level of alignment with the declarations of the High Representative of the Union for Foreign Affairs and Security Policy on behalf of the EU, and with Council decisions;
2020/12/15
Committee: AFET
Amendment 364 #

2019/2175(INI)

Motion for a resolution
Paragraph 36
36. Expresses concern over Serbia’s increasing dependence on defence equipment and technologies from the People’s Republic of China and the insufficient transparency of the security sector’s public procurement practices; continues to be concerned about Serbia’s close political and military cooperation with Russia, including the continued presence of Russian air facilities in Nis;
2020/12/15
Committee: AFET
Amendment 36 #

2019/2172(INI)

Motion for a resolution
Recital D
D. whereas Kosovo remains the only country in the Western Balkans whose citizens need a visa to travel to the Schengen Area although all benchmarks for visa liberalisation have been fulfilled since 2018;
2020/12/15
Committee: AFET
Amendment 80 #

2019/2172(INI)

Motion for a resolution
Paragraph 5
5. Welcomes the Commission’s statement of 26 August 2020 confirming its assessment of Kosovo’s ability to benefit from the visa liberalisation regime, and calls on the Council to urgently proceed with the adoption of a visa-free regime for the citizens of Kosovo;
2020/12/15
Committee: AFET
Amendment 56 #

2019/2170(INI)

Motion for a resolution
Paragraph 2
2. Supports the convening of the first intergovernmental conference without further delay, following the adoption of the negotiating framework by the Council and the fulfilment of all conditions mentioned in the Council conclusions of 25 March 2020 by Albania;
2020/12/22
Committee: AFET
Amendment 13 #

2019/2136(INI)

Motion for a resolution
Recital B
B. whereas the EU’s external action has a direct impact on the wellbeing of its citizens, within and outside the EU, and aims to ensure security and stability while safeguarding the European values of freedom, democracy, equality, the rule of law and respect for human rights;
2019/11/13
Committee: AFET
Amendment 18 #

2019/2136(INI)

Motion for a resolution
Recital C
C. whereas the need for a stronger and more united Europe when it comes to external relations is more urgent than beforin external relations is more urgent than ever in order to address the multiple challenges which directly or indirectly affect the Member States and its citizens: armed conflicts and fragile states, terrorism and particularly Jihadism, cyber-attacks, foreign interference in European political and electoral processes, tensions over the energy supply of EU Member States, the rise of organised crime at the borders and towards Europe, weakening of disarmament efforts, uncontrolled migration and climate change;
2019/11/13
Committee: AFET
Amendment 38 #

2019/2136(INI)

Motion for a resolution
Recital F
F. whereas new economic powers and political forces are pushing for their own global and regional ambitions with unpredictable consequences for global security;
2019/11/13
Committee: AFET
Amendment 94 #

2019/2136(INI)

Motion for a resolution
Paragraph 3
3. Calls for a stronger, united, effective, proactive and more strategic European Union, especially given that a new European political cycle has just started and that the EU’s foreign and security policy is subject to change;
2019/11/13
Committee: AFET
Amendment 100 #

2019/2136(INI)

Motion for a resolution
Paragraph 4
4. Reiterates the urgent need to strengthen the EU’s resilience and independence by reinforcing a CFSP which promotes peace, security, human rights and fundamental freedoms in Europe and throughout the world; believes that this reinforced CFSP should include traditional soft power but also a strong European defence capacity, an effective sanctions policy and cross-border anti- terrorism cooperation;
2019/11/13
Committee: AFET
Amendment 111 #

2019/2136(INI)

Motion for a resolution
Paragraph 5
5. Believes that the European Union needs to take on a global responsible and tangible leadership role and unlock its political potential to think and act like a geopolitical power while defending and promoting its common values and interests in the world; reaffirms the need to secure ‘EU strategic autonomy’; fully supports the Commission President’s decision to transform the EU’s executive branch into a geopolitical commission’; that will systematically address external action matters; welcomes the commitment of the future HRVP to coordinate the external dimensions of the Commission’s action and to ensure a better link between internal and external aspects of our policies;
2019/11/13
Committee: AFET
Amendment 125 #

2019/2136(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Considers, in this regard, that the EU should rely more on trade and development instruments such as bilateral agreements and free trade agreements with third countries by making the ratification of an agreement conditional on compliance with the Paris Agreement and respect for fundamental European values;
2019/11/13
Committee: AFET
Amendment 154 #

2019/2136(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Calls for greater solidarity and enhanced coordination between the EU and the Member States; recalls the need for the Union’s external policies to be consistent with each other and with other policies with an external dimension as well as for them to be coordinated with international partners; believes that good cooperation among the Member States is essential to safeguard our democracy, our common values, our freedom, and our social and environmental standards; underlines the need to extend cooperation between Member States, partner countries and international organisations;
2019/11/13
Committee: AFET
Amendment 177 #

2019/2136(INI)

Motion for a resolution
Paragraph 10
10. Underlines that the European Union can only deliver its full potential when speaking with one voice and when decision-making is shifted step by step from the national to the supranational level, taking full advantage of the possibilities offered by the EU treaties, institutions and their procedures; stresses that the European Union should use all available means to achieve this goal, including those offered by parliamentary diplomacy;
2019/11/13
Committee: AFET
Amendment 244 #

2019/2136(INI)

Motion for a resolution
Paragraph 17
17. Encourages the EU to further prioritise conflict prevention and mediationBelieves that conflict prevention and mediation as well as the peaceful resolution of protracted conflicts, notably in the EU's immediate neighbourhood, should be a priority in the coming years; underlines that this approach delivers a high degree of EU added value in political, social, economic and security terms; recalls that conflict prevention and mediation activities help to assert the presence and credibility of the EU on the international scene; highlights Parliament’s valuable contribution in the field of mediation and dialogue, especially in the Western Balkan and Eastern Partnership countries, and calls for the further development of interinstitutional cooperation on mediation;
2019/11/13
Committee: AFET
Amendment 245 #

2019/2136(INI)

Motion for a resolution
Paragraph 17
17. Encourages the EU to further prioritise conflict prevention and mediation; underlines that this approach delivers a high degree of EU added value in political, social, economic and security terms; recalls that conflict prevention and mediation activities help to assert the presence and credibility of the EU on the international scene; highlights the Parliament’s valuable contribution in the field of mediation and dialogue, especially ininput on mediation, dialogue and the promotion of the values of democracy, the rule of law, respect for minorities and fundamental rights, particularly in the countries of the Western Balkan ands, the Eastern Partnership countriesand the Southern Neighbourhood, and calls for the further developmentdeepening of interinstitutional cooperation on mediationwith these countries;
2019/11/13
Committee: AFET
Amendment 288 #

2019/2136(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Underlines that the strategic partnership between the EU and NATO is fundamental to addressing the security challenges facing the EU and its neighbourhood;
2019/11/13
Committee: AFET
Amendment 333 #

2019/2136(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Underlines the growing geopolitical importance of the Arctic and its effect on the security situation in the EU and globally; urges the EU to work towards a more coherent EU internal and external policy, an Arctic strategy and concrete action plan on the EUs engagement in the Arctic, taking into account also the security and geostrategic aspect; notes the EU´s capacity to contribute to the resolution of potential security and geostrategic challenges;
2019/11/13
Committee: AFET
Amendment 348 #

2019/2136(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Calls on the EU Member States to make multilateral nuclear disarmament an EU foreign and security policy priority; believes that the EU must continue its efforts to keep the Iran nuclear deal alive;
2019/11/13
Committee: AFET
Amendment 359 #

2019/2136(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Stresses that space is a genuine security challenge; calls on the European Commission to put in place concrete measures for a strong and innovative space industry, which protects the EU’s autonomous, reliable and economic access to space;
2019/11/13
Committee: AFET
Amendment 394 #

2019/2136(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Stresses that the terrorist threat remains present both in Europe and beyond; strongly believes that the fight against terrorism should remain a priority for the EU in the coming years; calls on the new European Commission to present a European action plan against terrorism;
2019/11/13
Committee: AFET
Amendment 13 #

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 and fragile states immediately to the east and south of the European continent, terrorism and particularly jihadist terrorism, cyber attacks, foreign interference in European political and electoral processes, tensions over EU Member States' energy supply, the rise of organised crime (drug, arms and human trafficking) at the borders and with Europe as its target, weakening of disarmament efforts and international arms control regimes, uncontrolled migration, increasing threats to natural resources, climate change, etc.;
2019/11/12
Committee: AFET
Amendment 16 #

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 and in particular migration facilitated by transnational organized crime networks, increasing threats to natural resources, climate change, etc.;
2019/11/12
Committee: AFET
Amendment 21 #

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, hybrid threats, uncontrolled migration, increasing threats to natural resources, energy insecurity, climate change, etc.;
2019/11/12
Committee: AFET
Amendment 38 #

2019/2135(INI)

Motion for a resolution
Paragraph 2
2. Considers that instability and unpredictability on the Union’s borders and in its immediate neighbourhood (north Africa, the Middle East, Ukraine, the Caucasus, the Balkans, etc.) pose a direct threat to the security of the continent; stresses the inextricable link between internal and external security;(Does not affect the English version.)
2019/11/12
Committee: AFET
Amendment 41 #

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, destabilizing activities of a primarily hybrid nature and increasing military military build-ups;
2019/11/12
Committee: AFET
Amendment 45 #

2019/2135(INI)

Motion for a resolution
Paragraph 3
3. Notes that some 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 and increasing military military build-ups;
2019/11/12
Committee: AFET
Amendment 47 #

2019/2135(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Underlines the growing geopolitical importance of the Arctic and its effect on the security situation in EU and globally; urges the EU to work towards a more coherent EU internal and external policy, an Arctic strategy and a concrete action plan on the EUs engagement in the Arctic taking into account also the security and geostrategic aspect; notes the EU’s capacity to contribute to the resolution of potential security and geostrategic challenges;
2019/11/12
Committee: AFET
Amendment 56 #

2019/2135(INI)

Motion for a resolution
Paragraph 4
4. Deplores the fact that, in this context, some of these actors are deliberately circumventing or attempting to destroy the multilateral mechanisms essential to maintaining peace;
2019/11/12
Committee: AFET
Amendment 59 #

2019/2135(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Is concerned about the activities and policies by Russia that continue to destabilise and change the security environment; stresses that Russia´s occupation in Ukraine is still ongoing, the Minsk agreements have not been implemented and the illegal annexation and militarisation of Crimea and Donbass are continuing; is concerned about the continuing frozen conflicts kept by Russia in Europe (in Moldova, Georgia); stresses the need to have a common voice as regards EUs policy in that context;
2019/11/12
Committee: AFET
Amendment 80 #

2019/2135(INI)

Motion for a resolution
Paragraph 6
6. Welcomes, in this adverse and volatile context, the belated but real the recognition of shared security interests and the growing political will on the part of European countries and the European institutions to act collectively for their security by endowing themselves with greater means to act autonomously;
2019/11/12
Committee: AFET
Amendment 89 #

2019/2135(INI)

Motion for a resolution
Paragraph 7
7. Is convinced that the response to the Union’s security challenges lies primarily in strengthening its strategic autonomy and its ability to work in strategic partnership with others, especially with NATO;
2019/11/12
Committee: AFET
Amendment 104 #

2019/2135(INI)

Motion for a resolution
Paragraph 8
8. Notes that the ambition of achieving European strategic autonomy was recognised for the first time in June 2016 by the 28 Heads of State and Government in the ‘Global Strategy for the European Union’s Foreign and Security Policy’, presented by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on 28 June 2016; believes that any upcoming review of the 2016 EU Global Strategy should focus on increasing the effectiveness of the practical and operational implementation of European strategic autonomy rather than lead to an overhaul of its orientations;
2019/11/12
Committee: AFET
Amendment 130 #

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 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)NATO, and alliances and partnerships to which most Member States are signed up; stresses that strategic autonomy does not and should not mean that the Union will systematically act alone, everywhere and always;
2019/11/12
Committee: AFET
Amendment 141 #

2019/2135(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Stresses that in order to increase EU´s strategic autonomy, Member States need to increase their defence spending and aim for the target of 2% of GDP; considers that increased investment in security and defence is a matter of urgency for the Member States and the EU and that defence solidarity and cooperation should become the norm;
2019/11/12
Committee: AFET
Amendment 158 #

2019/2135(INI)

Motion for a resolution
Paragraph 13
13. ConsiderReiterates that the principle of European strategic autonomy is a legitimate and necessary ambition and that it must remain a priority objective of European defence policy; stresses that its practical and operational implementation is a common responsibility of European sfalls to both the EU and its Member States;
2019/11/12
Committee: AFET
Amendment 176 #

2019/2135(INI)

Motion for a resolution
Paragraph 15
15. Considers that Europe’s defence is based largely on the Union’s capacity to intervene militarily, in a credible manner, in external theatres of operations; notes the importance of exchange of information with NATO in this context;
2019/11/12
Committee: AFET
Amendment 181 #

2019/2135(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Stresses that, since the adoption of the 2016 EU Global Strategy, the proliferation of regional and local conflicts, not least in the vicinity of our immediate neighbourhood, poses many challenges for the Union's security, as they have often splill-over effects; considers, in this regard, that the Union should become a more robust actor in crisis management, confict resolution and in peace-keeping, whenever possible in concert with other regional and international organisations such as the UN and the African Union, in line with its commitments towards multilateralism, but also on its own, when the situation so requires;
2019/11/12
Committee: AFET
Amendment 197 #

2019/2135(INI)

Motion for a resolution
Paragraph 18
18. Stresses the Union’s comprehensive commitment in the Sahel and the Horn of Africa through six civilian (EUCAP Mali, EUCAP Niger, EUCAP Somalia) and military (EUTM Mali, EUTM Somalia, ATALANTA) missions; welcomes and encourages the efforts made to regionalise the functioning of civilian missions in the Sahel in the face of security challenges extending beyond those countries where European missions are deployed and welcomes EU support for the G5 Sahel operation;
2019/11/12
Committee: AFET
Amendment 206 #

2019/2135(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Reiterates the strategic importance of the Eastern Europe and Western Balkans for the stability and security of the EU and the need to focus and strengthen the EU´s political engagement towards these regions, including the strong mandate for the EU´s CSDP missions;
2019/11/12
Committee: AFET
Amendment 222 #

2019/2135(INI)

Motion for a resolution
Paragraph 22
22. Notes with concern that the effectiveness of the most recent CSDP civilian and military operations has been hampered by persistent structural weaknesses and calls for the creation of a common EU solution to them;
2019/11/12
Committee: AFET
Amendment 237 #

2019/2135(INI)

Motion for a resolution
Paragraph 26
26. Recalls the importance of organising and executing joint training and exercises between European armed forces, thereby promoting organizational, procedural and technical interoperability, with a view to maximising mission preparedness and addressing a broad range of threats, both conventional and non- conventional;
2019/11/12
Committee: AFET
Amendment 246 #

2019/2135(INI)

Motion for a resolution
Paragraph 29
29. Questions the appropriateness of continuing certain missions; believes that the Union should concentrate its efforts on missions where it generates the highest added value; is in favour of the establishment of and compliance with objective criteria to measure that added value and decide whether to pursue a mission;
2019/11/12
Committee: AFET
Amendment 269 #

2019/2135(INI)

Motion for a resolution
Paragraph 33
33. Notes the failure of the Union’s battlegroup project; the battlegroups have never been deployed since their creation in 2007, owing in particular to opposition on the part of all the Member States and the complexity of their implementation and funding, which is at odds with the original objective of speed and efficiency; calls for a re-evaluation and reinvigoration of the battlegroup project based on past lessons learned;
2019/11/12
Committee: AFET
Amendment 273 #

2019/2135(INI)

Motion for a resolution
Paragraph 33
33. Notes the failure of the Union’s battlegroup project; the battlegroups have never been deployed since their creation in 2007, owing in particular to opposition on the part of allthe reticence of the Member States and the complexity of their implementation and funding, which is at odds with the original objective of speed and efficiency;
2019/11/12
Committee: AFET
Amendment 291 #

2019/2135(INI)

Motion for a resolution
Paragraph 36
36. Expects the Union to make effective use of all existing CSDP policy instruments in the areas of diplomacy, cooperation, development, humanitarian aid, conflict management and peacekeeping; stresses that CSDP military and civilian instruments cannot, under any circumstances, be the only solution to security issues and that a ‘comprehensive approach’ should always be adopted; considers that only the use of all these instruments on the basis of a ‘comprehensive approach’ will provide the flexibility needed to effectively achieve the most ambitious security objectives;
2019/11/12
Committee: AFET
Amendment 311 #

2019/2135(INI)

Motion for a resolution
Paragraph 38
38. Welcomes the significant reversal of the trend of cutting defence budgets; is of the opinion that this should be supported and encouraged at Union level; encourages Member States to increase their defence spending to 2% of GDP;
2019/11/12
Committee: AFET
Amendment 337 #

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 financebe involved in the financing of research and the development of structural projects such as the future European aircraft or tank 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 339 #

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 common EU 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 tank 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 374 #

2019/2135(INI)

Motion for a resolution
Paragraph 46
46. Stresses the still virtual nature of the European Defence Fund; points out that that this instrument has not yet been finally approved, with only partial and political agreement having been given in April 2019; stresses the importance of maintaining Parliament’s position concerning the amount of the EDF, the involvement of third countries and the establishment of an appropriate intellectual property policy in relation to security and defence in order to protect research results; draws attention, in that connection, to the highly sensitive and strategic nature of defence research, both for industrial competitiveness and for the strategic autonomy of the Union; calls for the initial lessons learned from the implementation of the EDIDP (in particular concerning the application of derogations for eligible entities), the pilot project and the preparatory action on defence research to be properly taken into account; calls on the Member States to be fully involved in the decision-making process in order to avoid bureaucratic excesses and to ensure that the programmes included address the strategic needs of the CSDP and the Member States; considers that the success of the EDF will depend on its ability to cater for the specific defence needs of the participating states and to guarantee the availability of sufficient budgetary resources, whilst ensuring that industrial know-how is not duplicated, national defence investment is not crowded out and, cooperation does not become over-complicated and is based on common EU armament and military equipment standardisation and interoperability; considers that developing the European defence industry by regulating access for entities controlled by non-EU third parties to projects financed by the Fund is fully consistent with the European ambition of strategic autonomy;
2019/11/12
Committee: AFET
Amendment 402 #

2019/2135(INI)

Motion for a resolution
Paragraph 50
50. Believes that the Union and its Member States face an unprecedented threat in the form of cyber attacks as well as cyber crime and terrorism; believes that the nature of cyber attacks makes them a threat that requires a Union-level response including common analytic support capabilities; encourages the Member States to provide mutual assistance in the event of a cyber attack against any one of them;
2019/11/12
Committee: AFET
Amendment 405 #

2019/2135(INI)

Motion for a resolution
Paragraph 50 a (new)
50a. Considers it vital that the EU and NATO continue and step up the sharing of intelligence in order to enable the formal attribution of cyber attacks and consequently enable the imposing of restrictive sanctions on those responsible for cyber attacks; deems it necessary to continue active interaction between EU and NATO by participating in cyber exercises, joint trainings and keeping up active interaction in the field of cyber security and defence;
2019/11/12
Committee: AFET
Amendment 422 #

2019/2135(INI)

Motion for a resolution
Paragraph 52 b (new)
52b. Underlines that as the risk of proliferation and use of chemical weapons poses a serious threat to international peace and security the EU needs to continue its strong and consistent support to the Organisation for the Prohibition of Chemical Weapons (OPCW) in the implementation of its mandate, politically and financially and the EU must step up the its resilience to hybrid and chemical, biological, radiological and nuclear-related threats;
2019/11/12
Committee: AFET
Amendment 434 #

2019/2135(INI)

Motion for a resolution
Paragraph 55
55. Considers that European strategic autonomy must be based on sustainable cooperation and strategic partnerships with countries and organisations sharing the Union’s values, most importantly with NATO; welcomes, further, the contributions made by CSDP partners to Union missions and operations;
2019/11/12
Committee: AFET
Amendment 456 #

2019/2135(INI)

Motion for a resolution
Paragraph 59
59. Stresses the importance of cooperation between the Union and other international institutions, in particular the African Union and the OSCE; considers that the Union should also strengthen dialogue and cooperation with third countries in the regionthat share their values and strategic priorities and with regional and sub-regional organisations;
2019/11/12
Committee: AFET
Amendment 481 #

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 ofstresses the need for coordination with other defence policy structures which have other responsibilities (EDA, EEAS, etc.);
2019/11/12
Committee: AFET
Amendment 9 #

2019/2064(DEC)

Draft opinion
Paragraph 3
3. Notes the remaining gender and geographical imbalances within the EEAS staff, despite positive trends in recent years; reiterates the importance of ensuring a balanced distribution of staff in terms of gender and geographical origin within different categories and grades, particularly at middle and senior management levels; points also to the overrepresentation of Member States’ diplomats among Heads of Delegation; calls for further efforts to address these imbalances;
2019/12/16
Committee: AFET
Amendment 5 #

2019/2028(BUD)

Draft opinion
Paragraph 1
1. Notes the overall reduction of AMIF commitment appropriations by 15,4 % (-172 million euros) compared to 2019; regrets the decrease of commitment appropriations aimed at strengthening and developing the CEAS and enhancing responsibility-sharing between Member States (-29,5 %) compared to 2019; recalls the importance of providing adequate financial capacity to support the reception of asylum seekers in the Member States, effective return strategies, resettlement programmes, improve the integration of migrants as well as the re- integration of migrants who forcibly or voluntarily returned to a third country, and to respond to emergency assistance needs of Member States under migratory pressure; expresses its disappointment at the fact that the AMIF budget does not include some financial reserves to finance the reformed Dublin legislation and the new Union Resettlement schemes in case of adoption during 2020; proposes to foresee an amount in the reserve for temporary arrangements for disembarkation in the Union and relocation of people rescued in the Mediterranean; requests, in order to free financial resources, that the EU Trust Fund for Africa and the Regional development protection programmes for North Africa that primarily supportcalls the need to ensure better coordination between funds engaged to address the issue of migration under Heading III (Security and Citizenship) and the external policies of the Union are funded by Heading IV of the Union budget (Global Europe) instead of by AMIF under Heading III (Security and Citizenship);
2066/01/18
Committee: LIBE
Amendment 6 #

2019/2028(BUD)

Draft opinion
Paragraph 1
1. Notes the overall reduction of AMIF commitment appropriations by 15,4 % (-172 million euros) compared to 2019; regrets the decrease of commitment appropriations aimed at strengthening and developing the CEAS and enhancing responsibility-sharing between Member States (-29,5 %) compared to 2019; recalls the importance of providing adequate financial capacity to improve the reception of asylum seekers, the efficiency of asylum application examinations, the enforcement of decisions regarding asylum applications, the integration of migrants as well as the re- integration of migrants who forcibly or voluntarily returned to a third country, and to respond to emergency assistance needs of Member States under migratory pressure; expresses its disappointment at the fact that the AMIF budget does not include some financial reserves to finance the reformed Dublin legislation and the new Union Resettlement schemes in case of adoption during 2020; proposes to foresee an amount in the reserve for temporary arrangements for disembarkation in the Union and relocation of people rescued in the Mediterranean; requests, in order to free financial resources, that the EU Trust Fund for Africa and the Regional development protection programmes for North Africa that primarily support external policies of the Union are funded byduce the burden of the Member States of first entry; recalls that appropriate and coordinated actions need to be undertaken at the internal and the external levels, under Heading IVII of the Union budget (Global Europe) instead of by AMIF under Heading III (Security and Citizenship)Security and Citizenship) and Heading IV (Global Europe) respectively;
2066/01/18
Committee: LIBE
Amendment 12 #

2019/2028(BUD)

Draft opinion
Paragraph 1 a (new)
1 a. Notes the overall reduction of ISF commitment appropriations by 6,1% (- 32,6 million euros) compared to 2019; recalls the importance of financial support to strengthen police and judicial cooperation in criminal and terrorist matters, to harmonise border management and reinforce security checks, and to improve the detection and management of irregular immigration.
2066/01/18
Committee: LIBE
Amendment 17 #

2019/2028(BUD)

Draft opinion
Paragraph 2 a (new)
2 a. Welcomes the overall increase of the funds available through the Justice Programme; regrets, however, the decrease in commitments for the component Facilitating and supporting judicial cooperation in civil and criminal matters (-23,6 %); reiterates the importance of judicial cooperation, especially in criminal matters, for reaching the objectives of establishing a Security Union and stresses the need for adequate financing of this area;
2066/01/18
Committee: LIBE
Amendment 19 #

2019/2028(BUD)

Draft opinion
Paragraph 2 b (new)
2 b. Stresses the importance of ensuring adequate funding, staffing and staff training for all JHA agencies, the importance of cooperation among them, the need for technological innovations and adaptation, with adequate financial and human resources for them to properly perform their vital role in reinforcing cooperation and coordination among the Member States;
2066/01/18
Committee: LIBE
Amendment 20 #

2019/2028(BUD)

Draft opinion
Paragraph 3
3. Welcomes the increases of Commitment appropriations of JHA Agencies such as EASO (41,5 %), EBCG (34,6 %), CEPOL (14 %), EMCDDA (7,7 %), and FRA (5,4 %), Eurojust (5,2 %), and Europol (2,1 %) compared to the budget 2019;
2066/01/18
Committee: LIBE
Amendment 25 #

2019/2028(BUD)

Draft opinion
Paragraph 4
4. Points out that the budget of the EBCG has increased by 34,8 % (+108 million euros) in 2020 which is by far the largest increase among all JHA agencies; recalls that the Court of Auditorin line with the strengthening of the EBCG mandate, scope of activities and human resources as identified as part of the discharge of the 2017 Budget that Member States overestimated the financial need of the EBCG in 2017; underlines that when the objective of providing the EBCG with more human resources (10.000 border guards by 2027), the number of migrants arriving irregularly over sea or land in the Union has substantially decreased compared to previous years; suggests that such boost in resources should also bcided by the Union legislator in 2016; notes that this budget increase is necessary to achieve the objective of providing the EBCG with more human resources (10.000 border guards by 2027); recalls that the objective of safer borders in the Union is essential to ensure the used for rescuing lives at sea; regrets the remarkable difference between the commitment appropriations assigned to EBCG (420 million euros) in 2020 and the amount accorded to EASO (133 million euros); suggests that the budget and staffing of EASO should be increased for a better performance of the duties entrusted to the Agencycurity of Union citizens and of third- countries nationals;
2066/01/18
Committee: LIBE
Amendment 33 #

2019/2028(BUD)

Draft opinion
Paragraph 4 a (new)
4 a. Considers that the increase of the EASO budget (+39 million euros compared to 2019 in Commission's proposal) should be proportionally as important as the increase of the EBCG budget (+108 million euros compared to 2019 in Commission's proposal); stresses that an efficient, equal and humane treatment of asylum-seeker applications is a priority in the Union; suggests that the budget and staff of EASO are increased for a better performance of the duties entrusted to the Agency;
2066/01/18
Committee: LIBE
Amendment 39 #

2019/2028(BUD)

Draft opinion
Paragraph 6
6. Regrets thaIs concerned about the Commission did’s draft budget not following the budgetary request of Europol and proposeding to underfund the Agency by 30 million euros in 2020; notes that the decrease of the eu-LISA commitment appropriations by 18,7 % (- 55 million euros) correspo, which would lead to a decrease of 25% of the Agency staff in 2020 compared to 2019; notes that Europol’s support has been crucial in joint investigations across the Union and that, if adequately funded, the Agency could do more to handle criminal intelligence, to combat terrorism ands to the end of the development of the Entry Exit System; reiterates the need to ensure adequate financial support for JHA Agencies to deliver the tasks assigned to them in full transparency and to fight against cross-border serious crime in full compliance with fundamental rightsprevent, detect and help investigate child trafficking, child labour and sexual exploitation; also regrets that the Commission did not follow the budgetary request of Eurojust (funding gap of 3,7 million euros), noting that not just arrests, but also successful prosecutions in serious cross-border crime areas, including terrorism and migrant smuggling, are essential for the security of Union citizens; considers that cross-border police cooperation and judicial cooperation in the Union are two prerequisites for a Union of Security; notes that these funding gaps will lead to staff and operational budget decreases, which are not coherent with the strengthening of Agencies’ missions such as Europol and Eurojust; requests the Commission to re- evaluate the amount provided to these Agencies and to abandon any decrease in their staff;
2066/01/18
Committee: LIBE
Amendment 40 #

2019/2028(BUD)

Draft opinion
Paragraph 6
6. Regrets that the Commission did not follow the budgetary request of Europol and proposed to underfund the Agency by 303,5 million euros in 2020; notes that the decrease of the eu-LISA commitment appropriations by 18,7 % (- 55 million euros) corresponds to the end of the development of the Entry Exit System; reiterates the need to ensure adequate financial support for JHA Agencies to deliver the tasks assignedis concerned that, coupled with the reduction envisaged by the Commission regarding Europol personnel, this would affect the ability of the Agency to deliver on its priorities, as set out in the Europol Strategy 2020+; points out that Europol would thus face short-term restrictions in the two them in full transparency and to fight against cross-border serious crime in full compliance with fundamental rightcore pillars of its strategy, operational support and technical innovation; calls for an appropriate level of human and financial resources;
2066/01/18
Committee: LIBE
Amendment 46 #

2019/2028(BUD)

Draft opinion
Paragraph 6 a (new)
6 a. Welcomes the proposal from the Commission regarding the budget for eu- LISA, as well as the proposal concerning the allocation of additional staff, which is highly relevant taking in account all the new tasks assigned to the Agency and its operational needs; emphasises the importance of timely implementation of the Entry-Exit System, ETIAS and Interoperability Regulations and the role of eu-LISA for its achievement; notes that the decrease of the eu-LISA commitment appropriations by 18,7% (-55 million euros) in 2020, compared with previous year, corresponds to the planning for implementation of the Entry-Exit System; reiterates the need to ensure adequate financial support for JHA Agencies to deliver the tasks assigned to them in full transparency and to fight against cross- border serious crime in full compliance with fundamental rights;
2066/01/18
Committee: LIBE
Amendment 48 #

2019/2028(BUD)

Draft opinion
Paragraph 6 a (new)
6 a. Notes the increasing recruitment of “temporary agents” as compared to “contract agents” in the EU agencies; considers that the sensitivity of information accessible to the staff of Agencies in the JHA field requires a strict policy of confidentiality, in particular with regard to the staff recruitment and management.
2066/01/18
Committee: LIBE
Amendment 50 #

2019/2028(BUD)

Draft opinion
Paragraph 6 b (new)
6 b. Notes that the decrease of the eu- LISA commitment appropriations by 18,7% (-55 million euros) corresponds to the end of the development of the Entry- Exit System;
2066/01/18
Committee: LIBE
Amendment 52 #

2019/2028(BUD)

Draft opinion
Paragraph 6 c (new)
6 c. Reiterates the need to ensure adequate financial support for JHA Agencies to deliver the tasks assigned to them in full transparency and to fight against cross-border serious crime in full compliance with fundamental rights;
2066/01/18
Committee: LIBE
Amendment 58 #

2019/2028(BUD)

Draft opinion
Paragraph 7 a (new)
7 a. Reiterates its call on the Commission to strengthen support for investigative journalism, including cross- border investigative journalism, and media freedom through dedicated funds as a measure contributing to revealing and combatting crime, as well as raising awareness among Union citizens;
2066/01/18
Committee: LIBE
Amendment 54 #

2019/0002(COD)

Proposal for a regulation
Recital 5
(5) For efficiency reasons and in order to decrease costs, ETIAS should, as provided for in Article 6(3) of Regulation (EU) 2018/1240, re-use hardware and software components developed for the Entry/Exit System (‘EES’) for the development of the shared identity repository. This repository used for the storage of the identity alphanumeric data of both ETIAS applicants and third-country nationals registered in the EES, should be developed in a way enabling its extension to become the future Common Identity Repository. In the same spirit, the tool to be established to enable ETIAS to compare its data with the ones of every other system consulted through a single query should be developed in a way enabling its evolution to become the future European Search Portal.
2020/10/02
Committee: LIBE
Amendment 56 #

2019/0002(COD)

Proposal for a regulation
Recital 5 a (new)
(5 a) The European Search Portal (ESP), established by Regulation (EU) 2019/817 of the European Parliament and of the Council will enable competent authorities to simultaneously query the underlying systems and the combined results will be displayed on a single screen.
2020/10/02
Committee: LIBE
Amendment 59 #

2019/0002(COD)

Proposal for a regulation
Recital 10
(10) The access rights and conditions under which the ETIAS Central Unit and ETIAS National Units may consult data stored in other EU information systems for the purposes of ETIAS should be safeguarded by clear and precise rules regarding the access by the ETIAS Central Unit and ETIAS National Units to the data stored in other EU information systems, the type of queries and categories of data, all of which should be limited to what is strictly necessary for the performance of their duties. In the same vein, the data stored in the ETIAS application file should only be visible to those Member States that are operating the underlying information systems in accordance with the modalities of their participation. As an example, the provisions of this Regulation relating to the Schengen Information System and the Visa Information System constitute provisions building upon all the provisions of the Schengen acquis, for which the Council Decisions35 on the application of the provisions of the Schengen acquis relating to the Schengen Information System and the Visa Information System are relevant. _________________ 35 Council Decision 2010/365/EU of 29 June 2010 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania ( OJ L 166, 1.7.2010, p. 17); Council Decision (EU) 2017/733 of 25 April 2017 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Croatia (OJ L 108, 26.4.2017, p. 31); Council Decision (EU) 2017/1908 of 12 October 2017 on the putting into effect of certain provisions of the Schengen acquis relating to the Visa Information System in the Republic of Bulgaria and Romania (OJ L 269, 19.10.2017, p. 39–43); Council Decision (EU) 2018/934 of 25 June 2018 on the putting into effect of the remaining provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania (OJ L 165, 2.7.2018, p. 37).
2020/10/02
Committee: LIBE
Amendment 60 #

2019/0002(COD)

Proposal for a regulation
Recital 11
(11) According to Article 73 of Regulation (EU) 2018/1240, the European agency for the operational management of large-scale information systems in the area of freedom, security and justice ('eu- LISA'), established by Regulation (EU) 2018/1726 of the European Parliament and of the Council36 , should be responsible for the design and technical development phase of the ETIAS Information System. _________________ 36Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99).
2020/10/02
Committee: LIBE
Amendment 64 #

2019/0002(COD)

(4 a) The ETIAS Central Unit shall provide periodical reports to the Commission and eu-Lisa concerning false hits generated during the automated processing referred to in Article 20 (2). The ETIAS Central Unit shall seek the cooperation and information from ETIAS National Units in this regard.
2020/10/02
Committee: LIBE
Amendment 66 #

2019/0002(COD)

Proposal for a regulation
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11– paragraph 1 – subparagraph 1
[Interoperability shall rely on the European Search Portal (‘ESP’), established by Article 6 of Regulation (EU) 2018/XXX (interoperability). During a transitional period, before the ESP is available, the automated processing shall rely on a tool developed by eu-LISA for the purpose of this paragraph. This tool shall be used as the basis for the development and implementation of the ESP, in accordance with Article 52 of that Regulation]9/817 of the European Parliament and of the Council (interoperability).
2020/10/02
Committee: LIBE
Amendment 71 #

2019/0002(COD)

Proposal for a regulation
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11 – paragraph 8 – subparagraph 1
Where hits are identified, the tool referred to in Article 11,ESP shall makprovide temporarily availablend read-only access to the results in the application file to the ETIAS Central Unit, until the end of the manual process pursuant to Article 22(2) and Article 23(2). Where the data made available correspond to those of the applicant or where doubts remain, the unique ID code of the data having triggered a hit shall be kept in the application file.
2020/10/02
Committee: LIBE
Amendment 73 #

2019/0002(COD)

Proposal for a regulation
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11 – paragraph 9
9. A hit shall be triggered where all or some of the data from the ETIAS application file used for the query correspond fully or partially to the data present in a record, alert or file of the other EU information systems consulted. The Commission shall, by means of an implementing act, define partial correspondence, including a degree of probability to limit the number of false hits and to limit the number of ETIAS queries to what is necessary..
2020/10/02
Committee: LIBE
Amendment 75 #

2019/0002(COD)

Proposal for a regulation
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11 – paragraph 10
10. For the purpose of paragraph 1, the Commission, shall, by means of an implementing delegated act, define the technical modalities for the implementation of Article 24(6)(c)(ii) and Article 54(1)(b) related to data retention while fully respecting the principle of data minimisation and the relevant retention periods.
2020/10/02
Committee: LIBE
Amendment 78 #

2019/0002(COD)

Proposal for a regulation
Article 1 – paragraph 4
Regulation (EU) 2018/ 1240
Article 11 – paragraph 11
For the purpose of Article 25(2), Article 28(8) and Article 29(9) when registering the data related to hits into the ETIAS application file, the origin of the data shall be indicated. This shall include the type of the alert, except for alerts referred to in Article 23(1), the source of the data (which other EU information systems or Europol data), the unique identification number used in the source of the data having triggered the hit and the Member State that entered or supplied the data having triggered the hit and, where available, the date and time when the data was entered in the other EU information systems or Europol data. When a hit leads to a negative decision, and without prejudice to any limitations existing in the EU information system that has triggered the hit, the applicant shall be informed of the system which generated the hit for the purposes of ensuring the applicant's right to an effective remedy.
2020/10/02
Committee: LIBE
Amendment 88 #

2019/0002(COD)

Proposal for a regulation
Article 1 – paragraph 6
Regulation (EU) 2018/1240
Article 12 – paragraph 2 (new)
2. For the purpose of paragraph 1, a cooperation agreement is to be agreed upon between the European Union and INTERPOL. This cooperation agreement shall provide for the modalities for the exchange of information and safeguards for the protection of personal data. and subject to Article 218 TFEU;
2020/10/02
Committee: LIBE
Amendment 95 #

2019/0002(COD)

Proposal for a regulation
Article 1 – paragraph 9 – point b
Regulation (EU) 2018/1240
Article 23 – paragraph 2
2. Where the comparison referred to in paragraph 1 reports one or several hits, the ETIAS Central System shall send an automated notification to the ETIAS Central Unit. When notified, the ETIAS Central Unit shall have temporary access to the application file and any linked application files, in order to verify whether the applicant’s personal data correspond to the personal data contained in the alert having triggered that hit and if a correspondence is confirmed, the ETIAS Central System shall send an automated notification to the SIRENE Bureau of the Member State that entered the alert. The SIRENE Bureau concerned shall further verify whether the applicant’s personal data correspond to the personal data contained in the alert having triggered the hit and take any appropriate follow-up action.;
2020/10/02
Committee: LIBE
Amendment 98 #

2019/0002(COD)

Proposal for a regulation
Article 1 – paragraph 10
Regulation (EU) 2018/1240
Article 25a – paragraph 2
2. The ETIAS National Units shall also have access to the national criminal records registers in order to obtain the information on third country national and stateless persons convicted for a terrorist offence or any other serious criminal offences as specified in the Annex to Regulation (EU) 2018/ 1240 for the purposes referred to in paragraph 1.
2020/10/02
Committee: LIBE
Amendment 115 #

2019/0002(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 18b – paragraph 1
1. From the start of operations of ETIAS, as provided for in Article 88(1) of Regulation (EU) 2018/1240, the ‘CS-VIS’ shall be connected to the tool referred to in Article 11 of Regulation (EU) 2018/1240ESP to enable the automated processing referred to in that Article 11 of Regulation (EU) 2018/ 1240.
2020/10/02
Committee: LIBE
Amendment 116 #

2019/0002(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 18b – paragraph 2
2. The automated processing referred to in Article 11 of Regulation (EU) 2018/1240 shall enable the verifications provided for in Article 20 of that Regulation and the subsequent verifications of Articles 22 and 26 of that Regulation. For the purpose of proceeding to the verifications point (i) of Article 20(2) of Regulation (EU) 2018/1240, the ETIAS Central System shall use the tool referred to in Article 11 of that RegulationESP to compare the data in ETIAS with the data in the VIS, in accordance with Article 11(8) of that Regulation, using the correspondences listed in the table in annex II.
2020/10/02
Committee: LIBE
Amendment 117 #

2019/0002(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 18c – paragraph 1
1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, the right to access and search relevant data in VIS in a read-only format and in accordance with Article 11(8) of that Regulation.
2020/10/02
Committee: LIBE
Amendment 120 #

2019/0002(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 18d – paragraph 2
2. The ETIAS National Units, designated pursuant to Article 8(1) of Regulation (EU) 2018/1240, shall have temporary access to and may consult VIS, in a read- only format, for the purpose of examining applications for travel authorisation pursuant to Article 8(2) of that Regulation. The ETIAS National Units may consult the data referred to in Articles 9 to 14 of this Regulation.
2020/10/02
Committee: LIBE
Amendment 128 #

2019/0002(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 5
Regulation (EU) 2017/2226
Article 25a – paragraph 1
1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, the right to access and search data in the EES in a read-only format and in accordance with Article 11(8) of that Regulation.
2020/10/02
Committee: LIBE
Amendment 135 #

2019/0002(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 3
Regulation (EU) 2018/1861
Article 36a – paragraph 1
1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, the right to access and search relevant data entered in SIS. The provisions in a read- only format. The provisions of points (4) to (8) of Article 36(4)-(8) apply to this access and search.
2020/10/02
Committee: LIBE
Amendment 40 #

2019/0001(COD)

Proposal for a regulation
Recital 6
(6) For efficiency reasons and in order to decrease costs, ETIAS should, as provided for in Article 6(3) of Regulation (EU) 2018/1240, re-use hardware and software components developed for the Entry/Exit System (‘EES’) for the development of the shared identity repository. This repository used for the storage of the identity alphanumeric data of both ETIAS applicants and third-country nationals registered in the EES, should be developed in a way enabling its extension to become the future Common Identity Repository. In the same spirit, the tool to be established to enable ETIAS to compare its data with the ones of every other system consulted through a single query should be developed in a way enabling its evolution to become the future European Search Portal.
2020/10/02
Committee: LIBE
Amendment 41 #

2019/0001(COD)

Proposal for a regulation
Recital 6 a (new)
(6 a) The European Search Portal (ESP), established by Regulation (EU) 2019/817 of the European Parliament and of the Council will enable competent authorities to simultaneously query the underlying systems and the combined results will be displayed on a single screen.
2020/10/02
Committee: LIBE
Amendment 45 #

2019/0001(COD)

Proposal for a regulation
Recital 12
(12) According to Article 73 of Regulation (EU) 2018/1240, the European agency for the operational management of large-scale information systems in the area of freedom, security and justice ('eu- LISA'), established by Regulation (EU) 2018/1726 of the European Parliament and of the Council30 , should be responsible for the design and technical development phase of the ETIAS Information System. _________________ 30Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99).
2020/10/02
Committee: LIBE
Amendment 49 #

2019/0001(COD)

Proposal for a regulation
Article 1 – paragraph 3
Regulation (EU) 2018/1862
Article 50b – paragraph 1
1. From the start of operations of ETIAS, as provided for in Article 88(1) of Regulation (EU) 2018/1240, the Central System of SIS shall be connected to the tool referred to in Article 11 of Regulation (EU) 2018/1240ESP to enable the automated processing referred to in that Article.
2020/10/02
Committee: LIBE
Amendment 50 #

2019/0001(COD)

Proposal for a regulation
Article 1 – paragraph 3
Regulation (EU) 2018/1862
Article 50b – paragraph 3
3. For the purpose of verifications referred to in Article 20(2)(a), (d) and (m)(i) and Article 23 of Regulation (EU) 2018/1240, the ETIAS Central System shall use the tool referred to in Article 11 of that RegulationESP to compare the data referred to in Article 11(5) Regulation 2018/1240 to data in SIS, in accordance with Article 11(8) of that Regulation.
2020/10/02
Committee: LIBE
Amendment 54 #

2019/0001(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
Regulation (EU) 2019/816
Article 1 – point d
the conditions under which data included in the ECRIS-TCN system may be used forby the purpose of border managementETIAS Central Unit for identifying an application that might be security risk to the Schengen area, for the purpose of ETIAS, in accordance with Regulation (EU) 2018/1240 of the European Parliament and of the Council*.
2020/10/02
Committee: LIBE
Amendment 59 #

2019/0001(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
Regulation (EU) 2019/816
Article 2 – paragraph 1
This Regulation applies to the processing of identity information of third country nationals who have been subject to convictions in the Member States for the purpose of identifying the Member State(s) where such convictions were handed down, as well as for the purposes of border management [and contributing to facilitating and assisting in the correct identification of persons] that pose a security risk.
2020/10/02
Committee: LIBE
Amendment 73 #

2019/0001(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a
Regulation (EU) 2019/816
Article 5 – paragraph 1 – point c
(c) where applicable, a flag indicating that the person concerned has been convicted for a terrorist offence or any other serious criminal offence, as s specified in the Annex to Regulation (EU) 2018/1240 punishable under national law with a detention sentence of at least three years and in those cases the code of the convicting Member State(s).;
2020/10/02
Committee: LIBE
Amendment 78 #

2019/0001(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5
Regulation (EU) 2019/816
Article 7 – paragraph 5
5. In the event of a hit, the Central System [or the CIR] shall automatically provide the competent authority with information on the Member State(s) holding criminal record information on the third country national, along with the associated reference number(s) referred to in Article 5(1) and any corresponding identity information. Such identity information shall only be used for the purpose of verification of the identity of the third country national concerned. The result of a search in the Central System may only be used for the purpose of making a request according to Article 6 of Framework Decision 2009/315/JHA, a request referred to in Article 16(4) of this Regulation, or for the purposes of border management [ and facilitating and assisting in the correct identification of persons registered in the ECRIS-TCN system].;
2020/10/02
Committee: LIBE
Amendment 88 #

2019/0001(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8
Regulation (EU) 2019/816
Article 22 – paragraph 1
1. The data included in the Central System [and the CIR] shall only be processed for the purpose of the identification of the Member State(s) holding the criminal records information of third country nationals, as well as for the purposes of border management [ as well as for facilitating and assisting in the correct identification of persons registered in the ECRIS-TCN system] for the purposes of ETIAS.;
2020/10/02
Committee: LIBE
Amendment 39 #

2018/0902R(NLE)

Motion for a resolution
Recital G a (new)
Ga. whereas changes brought to the electoral code over the years through constituency reshaping and winner compensation are disadvantaging opposition parties; whereas in response to worries over the fairness of the elections and appeals from civil society, the OSCE decided to send a full-scale international election observation mission for the general elections held 3 April 2022, which is a rare occurrence regarding EU Member States;
2022/06/01
Committee: LIBE
Amendment 70 #

2018/0902R(NLE)

Motion for a resolution
Recital J a (new)
Ja. whereas in November 2021 the European Commission has sent letters to both Hungary and Poland underlying problems with the independence of the judiciary, ineffective prosecution of corruption, and deficiencies in public procurement which could pose a risk to the EU’s financial interests; whereas in its letter to Hungary, the Commission described systemic problems and lack of accountability for corruption in, posing 16 specific questions to the Hungarian authorities on issues such as conflicts of interest, who benefits from EU funding, and how judicial review by independent courts is guaranteed; whereas despite these concerns, the European Commission delayed the application of the Rule of Law Conditionality Regulation 1a with respect to Hungary and Poland thereby undermining the credibility of the Union when it comes to defending human rights, freedom, democracy, equality and the rule of law as set out in Article 2 of the Treaty of the EU; _________________ 1a Regulation (EU, Euratom) 2020/2092 of 16 December 2020 on a general regime of conditionality for the protection of the Union budget, OJ L 433 I , 22.12.2020, p. 1
2022/06/01
Committee: LIBE
Amendment 74 #

2018/0902R(NLE)

Motion for a resolution
Recital K
K. whereas on 5 April 2022, the Commission President announced that Commissioner for Budget Johannes Hahn had informed the Hungarian authorities about the Commission’s plans to move on to the next step and formally trigger the Rule of Law Conditionality Regulation5 , mainly over corruption concerns; whereas on 27 April 2022, the Commission finally started the formal procedure against Hungary under the Rule of Law Conditionality Regulation by sending a written notification; _________________ 5 Regulation (EU, Euratom) 2020/2092 of 16 December 2020 on a general regime of conditionality for the protection of the Union budget, OJ L 433 I , 22.12.2020, p. 1.
2022/06/01
Committee: LIBE
Amendment 77 #

2018/0902R(NLE)

Ka. whereas on 24th of July 2020 the removal of Hungary’s top independent news portal index.hu editor-in-chief prompted the collective resignation of more than 70 journalists who were denouncing clear interference and governmental pressure on their media outlet; whereas in recent years critical voices have been silenced, most independent outlets have either gone out of business, or have been bought by government allies and received lucrative flows of state advertising;
2022/06/01
Committee: LIBE
Amendment 78 #

2018/0902R(NLE)

Motion for a resolution
Recital K b (new)
Kb. whereas the consolidation of over 470 media outlets under KESMA (Central European Press and Media Foundation) has had dramatic impacts in terms of shrinking of the space available for independent and opposition media and access to information for the Hungarian citizens; whereas the funds spent for public media and KESMA are essentially used for government propaganda and discrediting the opposition and non- governmental organizations; whereas the manipulation of media ownership, state capture of regulators and formerly independent outlets, government advertising revenue and the granting of licenses are methods by which the media environment can be skewed in favour of the government and are already exported in other parts in Europe;
2022/06/01
Committee: LIBE
Amendment 80 #

2018/0902R(NLE)

Motion for a resolution
Recital K c (new)
Kc. whereas according to the study financed by the European Commission conducted by the European federation of Journalists (EFJ), the Centre for Media Pluralism and Media Freedom (CMPF) at the European University Institute in Florence, Mapping Media Freedom, released in July 2020, the coronavirus crisis had arguably the biggest effect on media freedom in Hungary; whereas the new legislation against the spreading of “false” or “distorted” information, passed during the state of emergency in Hungary, caused uncertainty and self- censorship among media outlets and actors;
2022/06/01
Committee: LIBE
Amendment 83 #

2018/0902R(NLE)

Motion for a resolution
Recital K d (new)
Kd. whereas in July 2021 the investigative portal Direkt36 revealed, based on a leaked database, that about 300 Hungarian citizens - among which journalists, lawyers, politicians, businesspeople critical of the government, former state officials- were targeted by the Pegasus spyware of the Israeli NSO Group between 2018 and 2021; whereas these revelations raised concerns about politically motivated surveillance against Hungarian citizens and the abuse of the NSO spyware;
2022/06/01
Committee: LIBE
Amendment 94 #

2018/0902R(NLE)

Motion for a resolution
Recital L a (new)
La. whereas Hungary ranks 69 out of 139 countries in the World Justice Project 2021 Rule of Law Index (down two places compared to the previous year) and occupies the last place (31 out of 31) in the EU, EFTA, and North America region;
2022/06/01
Committee: LIBE
Amendment 97 #

2018/0902R(NLE)

Motion for a resolution
Recital L b (new)
Lb. whereas Hungary ranks 73 out of the 180 countries and territories covered by the Transparency International 2021 Corruption Perception Index (down by one place compared to the previous year) and its ranking has been constantly declining since 2012;
2022/06/01
Committee: LIBE
Amendment 99 #

2018/0902R(NLE)

Motion for a resolution
Recital L c (new)
Lc. whereas Hungary ranks 85 out of the 180 countries and territories covered by the Reporter without Borders 2022 World Press Freedom Index and is listed in the analysis for the Europe -Central Asia region as one of the countries that have intensified draconian laws against journalists;
2022/06/01
Committee: LIBE
Amendment 101 #

2018/0902R(NLE)

Motion for a resolution
Recital L d (new)
Ld. whereas there is increasing expert consensus that Hungary is no longer a democracy; whereas according to the University of Gothenburg V-Dem Democracy Index 2019, Hungary became the EU’s first ever authoritarian Member State; whereas Hungary was identified as a “hybrid regime,” having lost its status as a “semi-consolidated democracy” in the 2020 Freedom House Nations in Transit Report; whereas Hungary is rated as a "flawed democracy" and ranks 56 out of 167 countries (one position below its 2020 ranking) in the Economist Intelligence Unit’s 2022 Democracy Index; whereas according to the V-Dem Democracy Index 2022, among the Union members, Hungary and Poland are among the top autocratizers in the world over the last decade;
2022/06/01
Committee: LIBE
Amendment 104 #

2018/0902R(NLE)

Motion for a resolution
Recital L e (new)
Le. whereas the Hungarian government continued attacks on academic freedoms; whereas on 31st of August 2020 the management of Hungary’s prestigious University of Theatre and Film Arts (SZFE) resigned in protest over the imposition of a government-appointed board; whereas a law passed by parliament in 2020 had transferred the ownership of the state-run theatre school to a private foundation whose members have close links to the Orban government; whereas the Ministry of Technology and Innovation appointed five members to the new board of trustees, rejecting members proposed by the university’s senate; whereas in recent years the actions of the government aimed at exerting control over academia and sciences in an effort to root out teaching or scientific research that counter the government’s conservative agenda; whereas another example in this regard is stripping the Academy of Sciences of its autonomy through the controversial bill adopted in July 2019; whereas the EU should act more forcefully in order to safeguard the autonomy of universities in Hungary;
2022/06/01
Committee: LIBE
Amendment 107 #

2018/0902R(NLE)

Motion for a resolution
Recital L f (new)
Lf. whereas two thirds of the 33 public interest asset management foundations performing public duties (KEKVAs) that have been created by the end of 2021 will manage higher education institutions previously run by the state; whereas civil society and Hungarian independent intellectuals have warned against the massive privatisation in the field of higher education and the threat it poses for freedom of research and teaching;
2022/06/01
Committee: LIBE
Amendment 110 #

2018/0902R(NLE)

Motion for a resolution
Recital L g (new)
Lg. whereas on 15 June 2021, the Hungarian Parliament adopted a law originally intended to fight paedophilia, which, following amendments proposed by Members from the ruling Fidesz party, contains clauses prohibiting the portrayal of homosexuality and gender- reassignment to minors; whereas the law prohibits homosexuality and gender reassignment from being featured in sex education classes, and stipulates that such classes can now only be taught by registered organisations; whereas changes to the Business Advertising Law and to the Media Law require that adverts and content featuring LGBTI people must be rated as Category V (i.e. not recommended for minors); whereas the association of sexual orientation and gender identity with criminal acts such paedophilia is unacceptable and leads to further discrimination and stigmatisation of sexual minorities;
2022/06/01
Committee: LIBE
Amendment 113 #

2018/0902R(NLE)

Motion for a resolution
Recital L h (new)
Lh. whereas civil society, and especially public interest non- governmental organizations (NGOs), have been facing increasing pressure in Hungary; whereas, although the government repealed the bill previously declared incompatible with EU law by the ECJ, according to the new law, these organizations can now be subjected to regular financial inspections by the State Audit Office; whereas civil society organizations are concerned that the Audit Office, whose main function is to monitor the use of public funds, not private donations, will be used to put more pressure on them; whereas civil society organisations have warned that with the new NGO law, the state interferes with the autonomy of association of organisations established on the basis of the right of association, the privacy of citizens who stand up for public interest and that it is detrimental to the exercise of freedom of expression and to the democratic public as a whole;
2022/06/01
Committee: LIBE
Amendment 213 #

2018/0902R(NLE)

Motion for a resolution
Paragraph 2
2. Believes that, taken together, the facts and trends mentioned in Parliament’s resolutions represent a systemic threat to the values of Article 2 TEU and constitute a clear risk of a serious breach thereof; strongly condemns the systematic threats to the rule of law, democracy and fundamental rights that have been brought about by the Hungarian government to the detriment of its own people and expresses deep regret that the lack of decisive EU action has contributed to turning Hungary into a hybrid regime of electoral autocracy, according to the relevant indices;
2022/06/01
Committee: LIBE
Amendment 219 #

2018/0902R(NLE)

Motion for a resolution
Paragraph 3
3. Strongly regDeplorets the inability of the Council to make meaningful progress in the ongoing Article 7(1) TEU procedure; urges the Council to ensure that hearings take place at a minimum once per Presidency during ongoing Article 7 TEU procedures and also address new developments affecting the rule of law, democracy and fundamental rights; calls on the Council to publish comprehensive minutes after each hearing; emphasises that there is no need for unanimity in the Council either to identify a clear risk of a serious breach of Union values under Article 7(1), or to address concrete recommendations to the Member States in question and provide deadlines for the implementation of those recommendations; reiterates its call for the Council to do so, underlining that any further delay to such action would amount to a breach of the rule of law principle by the Council itself; stresses that Member States have the obligation to act together and put an end to attacks on core EU values; calls on the Council to issue recommendations to Hungary as soon as possible in order to remedy the issues mentioned in its resolution of 12 September 2018 and in the present resolution, asking it to implement all the judgments and recommendations mentioned; insists that Parliament’s role and competences be duly respected;
2022/06/01
Committee: LIBE
Amendment 220 #

2018/0902R(NLE)

Motion for a resolution
Paragraph 3 a (new)
3 a. Calls on the Council and the Commission to devote more attention to systemic changes that have been brought about by the government in its systematic dismantling of Rule of Law, as well as to the interplay between the various breaches of EU values identified in its resolutions; underlines that leaving Rule of Law breaches unchecked undermines democratic institutions and eventually affects the human rights and lives of everyone in the country,
2022/06/01
Committee: LIBE
Amendment 19 #

2018/0356M(NLE)

Draft opinion
Paragraph 4
4. Remains very concerned about various and ongoing human rights violations in Vietnam, including a crackdown on human rights defenders and civil society organisations, the curtailing of press freedom, freedom of expression and association as well as the application of the death penalty in Viet Nam; calls on Viet Nnam to introduce a moratorium and move towards abolitionon the death penalty and to move towards abolition; also calls on Vietnam to repeal its cyber security law, to release all political prisoners and to introduce a swift timeline for the ratification and implementation of outstanding ILO conventions; highlights that human rights constitute a cornerstone of the trade and sustainable development chapter of the FTA; calls for periodic evaluation of progress in the field of human rights and social development as well as the impact of the agreement;
2019/11/14
Committee: AFET
Amendment 359 #

2018/0329(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c
(c) another third country, to which the third-country national concerned voluntarily decides tocan safely return and in which he or she will be accepted;
2020/09/28
Committee: LIBE
Amendment 436 #

2018/0329(COD)

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
However, Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when one of the objective criteria referred to in points (k) (m), (n), (o) and (p) of paragraph 1 is fulfilled.
2020/09/28
Committee: LIBE
Amendment 442 #

2018/0329(COD)

Proposal for a directive
Article 7 – paragraph 1 – introductory part
1. Member States shall impose on third-country nationals the obligation to cooperate with the competent authorities of the Member States at all stages of the return procedures, unless the third-country national can substantiate that they will leave without assistance. That obligation shall include the following in particular:
2020/09/28
Committee: LIBE
Amendment 467 #

2018/0329(COD)

Proposal for a directive
Article 7 – paragraph 1 – point d
(d) the duty to lodge to the competent authorities of third countries a request for obtaining a valid travel document., and fulfil requirements with regard to his or her medical condition as required by the country of origin;
2020/09/28
Committee: LIBE
Amendment 547 #

2018/0329(COD)

Proposal for a directive
Article 10 – paragraph 1
1. Member States shall take all necessary measures to enforce the return decision if no period for voluntary departure has been granted in accordance with Article 9(4) or if the obligation to return has not been complied with within the period for voluntary departure granted in accordance with Article 9. Those measures shall include all measures necessary to confirm the identity of illegally staying third-country nationals who do not hold a valid travel document and to obtain such a document. Member States shall also intensify cooperation, including through information sharing and the application of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third country nationals, in line with fundamental rights guarantees.
2020/09/28
Committee: LIBE
Amendment 680 #

2018/0329(COD)

Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c
(c) the third-country national concerned poses a risk to public policy, public security or national security, in particular where the third-country national is convicted of a serious crime.
2020/09/28
Committee: LIBE
Amendment 12 #

2017/0360R(NLE)

Motion for a resolution
Citation 22
— having regard to the four infringement procedures launched by the Commission against Poland in relation to the reform ofchanges to the Polish judicial system, of which the first two resulted in judgments of the Court of Justice finding violations of the second subparagraph of Article 19(1) of the Treaty on European Union enshrining the principle of effective judicial protection, while the two other procedures are still pending,
2020/05/29
Committee: LIBE
Amendment 21 #

2017/0360R(NLE)

Motion for a resolution
Recital B
B. whereas, in contrast to Article 258 of the Treaty on the Functioning of the European Union, the scope of Article 7 of the Treaty on European Union is not limited to the obligations under the Treatiescomprises all foundational principles of the European Union referred to in Article 2 of the Treaty on European Union, as indicated in the Commission Communication of 15 October 2003, and whereas the Union can assess the existence of a clear risk of a serious breach of the common values in areas falling under Member States’ competences;
2020/05/29
Committee: LIBE
Amendment 24 #

2017/0360R(NLE)

Motion for a resolution
Recital C a (new)
Ca. Underlines that the Member States of the European Union have, in accordance with Article 49 of the Treaty on European Union, freely and voluntarily committed themselves to the common values referred to in Article 2 of the Treaty on European Union;
2020/05/29
Committee: LIBE
Amendment 48 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 5
5. Takes the view that the latest developments in the ongoing hearings under Article 7(1) TEU once again underline the imminent need for a complementary and, preventive and binding Union mechanism on democracy, the rule of law and fundamental rights as put forward by Parliament in its resolution of 25 October 2016;
2020/05/29
Committee: LIBE
Amendment 81 #

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 when constitutional review was still effective; 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 ; _________________ 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 84 #
2020/05/29
Committee: LIBE
Amendment 85 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 14
14. Recognises that while the organisation of the justice system is a national competence; reiterates that, all the same,in the Member States falls within their competence, the Member States are required to comply with their obligations under Union law when exercising this competence, as repeatedly held by the CJEU; reiterates that national judges are essentially also European judges, applying Union law, which is the reason why the Union, including the CJEU, has to watch over the independence of the judiciary in all the Member States as one of the exigencies of the rule of law and as laid down inmaking their independence a common concern for the Union, including the Court of Justice; calls on the Polish authorities to uphold and maintain the independence of Polish courts; calls on the Commission and the Council to take all necessary measures to ensure that Polish courts remain independent and are able to ensure effective judicial protection as required by Article 19 TEU and Article 47 of the Charter;
2020/05/29
Committee: LIBE
Amendment 90 #

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 seriously affected the Constitutional Tribunal’s independence and legitimacy and were therefore 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 Poland25 ; invites the Commission to consider launching an infringement procedure in relation to the legislation on the Constitutional Tribunal, its current unlawful composition and its active role in preventing compliance with the preliminary ruling of the Court of Justice of 19 November 2019; _________________ 25Venice 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 100 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 18
18. Recalls that the CJEU found in its judgment of 24 June 201928 that lowering the retirement age of sitting judges of the Supreme Court is contrary to Union law and breaches the principle of the irremovability of judges and thus that of judicial independence, after it had earlier granted the Commission’s request for interim measures on the matter by order of 17 December 201829 ; notes that the Polish authorities passed an amendment to the act on the Supreme Court in order to comply with the CJEU’s Order, the only instance so far in which they undid a reform ofchanges to the justice system following a decision by the CJEU; _________________ 28Judgment of the Court of Justice of 24 June 2019, Commission v Poland, C- 619/18, ECLI:EU:C:2019:531. 29Order of the Court of Justice of 17 December 2018, Commission v Poland, C- 619/18 R, ECLI:EU:C:2018:1021.
2020/05/29
Committee: LIBE
Amendment 110 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 23
23. Recalls that it is up to the Member States to establish a council for the judiciary, but that, where such council is established, its independence must be guaranteed in line with European standards and the constitution; recalls that, following the 2017-2018 reform of the NCJ, the body responsible for safeguarding the independence of the courts and judges in accordance with Article 186(1) of the Polish Constitution, the judicial community in Poland lost the power to delegate representatives to the NCJ, and hence its influence on recruitment and promotion of judges; recalls that before the 2017 reform, 15 out of 25 members of the NCJ were judges elected by their peers, while since the 2017 reform, those judges are elected by the Polish Sejm; strongly regrets that, taken in conjunction with the immediate replacement in early 2018premature termination in early 2018 of the mandates of all the members appointed under the old rules, this measure led to a far-reaching politicisation of the NCJ34 ; _________________ 34Consultative Council of European Judges, Opinions of the Bureau of 7 April 2017 and 12 October 2017; OSCE/ODIHR, Final Opinion on Draft Amendments to the Act of the NCJ, 5 May 2017; Venice Commission, Opinion of 8-9 December 2017, p. 5-7; GRECO, Ad hoc Report on Poland (Rule 34) of 19-23 March 2018 and Addendum of 18-22 June 2018; Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, paras 42 and 61.
2020/05/29
Committee: LIBE
Amendment 118 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 26
26. Calls on the Commission to start infringement proceedings against the act of 12 May8 December 20117 on the NCJ and to ask the CJEU to suspend the activities of the new NCJ by way of interim measures;
2020/05/29
Committee: LIBE
Amendment 125 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 29 a (new)
29a. Deplores the abuse of disciplinary proceedings against judges and prosecutors in Poland; is deeply concerned by the motion filed by the National Prosecution Office to the Disciplinary Chamber of the Supreme Court to waive the immunity of Judge Igor Tuleya; is similarly concerned by the disciplinary proceedings initiated against other judges, including Krystian Markiewicz, Chairperson of the Polish Judges’ Association “Iustitia”, and Paweł Juszczyszyn; calls on Polish authorities to stop using disciplinary proceedings to disguise politically motivated reprisals against specific judges and prosecutors for applying EU law or their public defence of the rule of law in Poland;
2020/05/29
Committee: LIBE
Amendment 133 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 33
33. Concurs with the Commission, the Parliamentary Assembly of the Council of Europe and, the Group of States against Corruption and the United Nations Special Rapporteur on the independence of judges and lawyers that the aforementioned separate reformchanges to the judicial system, considering their interaction and overall impact, amount to a serious, sustained and systemic breach of the rule of law, enabling the legislative and executive powers to influence the functioning of the judiciary in a critical manner, thereby significantly weakening the independence of the judiciary in Poland43 ; _________________ 43Recommendation (EU) 2018/103; condemns the destabilizing impact on the Polish legal order of the measures taken and appointments made since 2016; _________________ 43Recommendation (EU) 2018/103; United Nations, Special Rapporteur on the independence of judges and lawyers, Statement of 25 June 2018; GRECO, Follow-up to the Addendum to the Fourth Round Evaluation Report (rule 34) – Poland, 6 December 2019, para. 65; PACE, Resolution 2316 (2020) of 28 January 2020 on the functioning of democratic institutions in Poland, para. 4.
2020/05/29
Committee: LIBE
Amendment 142 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 35
35. Is concerned that, since the entry into force on 14 February 2020 of the amendments to the act on the Supreme Court, only the Extraordinary Chamber, whose independence and impartiality itself is in question, can decide whether a judge or tribunal or court is independent and impartial, hence depriving citizens of an important element of judicial review at all other instances45 ; _________________ 45Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para 59; recalls that according to the case law of the Court of Justice, the right to a fair trial obliges every court to check of its own motion whether it fulfils the criteria of independence and impartiality; 45a _________________ 45Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para 59. 45aJudgment of the Court of Justice of 26 March 2020, Simpson v Council and HG v Commission, Joined Cases C-542/18 RX-II and C-543/18 RX-II, ECLI:EU:C:2020:232, para 57.
2020/05/29
Committee: LIBE
Amendment 155 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 37 a (new)
37a. Expresses concern over use and threat of libel litigation against academics and the Polish Ombudsman; calls on Polish authorities to respect freedom of speech and academic freedom; denounces attempts to silence the Polish Ombudsman, an independent institution enshrined in the Polish Constitution;
2020/05/29
Committee: LIBE
Amendment 228 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 46
46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’, and called on the Commission to strongly condemn such public discrimination; notes the lack of any improvement in the situation of LGBTI people in Poland since;
2020/05/29
Committee: LIBE
Amendment 235 #

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; 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; considers the threat to the uniformity of the Union legal order posed by rule of law deconsolidation in Poland to be particularly serious;
2020/05/29
Committee: LIBE
Amendment 241 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 48
48. Calls on the Polish government to comply with all provisions relating to the rule of law and fundamental rights enshrined in the Treaties, the Charter of Fundamental Rights, the ECHR and international human rights standards, and to engage directly in honest dialogue with the Commission; calls on the Polish government to swiftly and fully implement the rulings of the CJEU and to respect the primacy of Union law;
2020/05/29
Committee: LIBE