Activities of Pietro BARTOLO
Plenary speeches (43)
Humanitarian assistance in the Mediterranean (debate)
Search and rescue in the Mediterranean (debate)
The situation in Iraq, in particular the violent suppression of young people’s and students' protests (debate)
Situation of migrants in Bosnia, in particular in Bihać (debate)
Situation of migrants in Bosnia, in particular in Bihać (debate)
On-going negotiations for a new EU-ACP Partnership Agreement (debate)
Urgent humanitarian situation on Greek Islands, especially of children - ensuring protection, relocation and family reunification (debate)
Conclusion of the EU-Viet Nam Free Trade Agreement - Conclusion of the EU-Viet Nam Free Trade Agreement (Resolution) - EU-Viet Nam Investment Protection Agreement - EU-Viet Nam Investment Protection Agreement (Resolution) (debate)
Migration situation at the Greek-Turkish border and the EU's common response to it (debate)
The need for an immediate and humanitarian EU response to the current situation in the refugee camp in Moria (debate)
Humanitarian situation of refugees and migrants at the EU's external borders (debate)
Situation in eastern Democratic Republic of Congo and the assassination of the Italian Ambassador Luca Attanasio and his entourage
Recent deaths in the Mediterranean and search and rescue at sea (debate)
Climate-resilient EU fisheries and aquaculture (debate)
Conclusions of the European Council meeting of 24-25 June 2021 (debate)
Pushbacks at the EU's external border (debate)
The escalating humanitarian crisis on the EU-Belarusian border, in particular in Poland (debate)
Legal migration policy and law (debate)
The proposed Council decision on provisional emergency measures for the external border with Belarus based on article 78(3) TFEU (continuation of debate)
The deterioration of the situation of refugees as a consequence of the Russian aggression against Ukraine (debate)
Violations of right to seek asylum and non-refoulement in the EU Member States (debate)
Violations of right to seek asylum and non-refoulement in the EU Member States (debate)
Existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded (debate)
Statements by the President
Impact of Russian invasion of Ukraine on migration flows to the EU (debate)
Racial justice, non-discrimination and anti-racism in the EU (debate)
Situation in Libya (debate)
The need for a European solution on asylum and migration including search and rescue (debate)
Criminalisation of humanitarian assistance, including search and rescue (debate)
Criminalisation of humanitarian assistance, including search and rescue (debate)
Deaths at sea: a common EU response to save lives and action to ensure safe and legal pathways (debate)
The need for European solidarity in saving lives in the Mediterranean, in particular in Italy (debate)
Externalising asylum applications and making funding to third countries conditional on the implementation of return agreements (topical debate)
Protecting and restoring marine ecosystems for sustainable and resilient fisheries - Agreement of the IGC on Marine Biodiversity of Areas Beyond National Jurisdiction (High Seas Treaty) (debate)
Humanitarian situation in Sudan, in particular the death of children trapped by fighting
The need for EU action on search and rescue in the Mediterranean (debate)
EU-Tunisia Agreement - aspects related to external migration policy (debate)
Order of business
The 10-year commemoration since the tragedy in Lampedusa(statement by the President)
Need for a speedy adoption of the asylum and migration package (debate)
EU Action Plan: protecting and restoring marine ecosystems for sustainable and resilient fisheries (debate)
Major interpellations (debate)
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)
Shadow reports (9)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Regulation (EC) No 862/2007 on Community statistics on migration and international protection
REPORT on the implementation of the Dublin III Regulation
REPORT on the impact on fisheries of marine litter
REPORT on the implementation of Article 17 of the Common Fisheries Policy Regulation
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2018/1806, listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (Kuwait, Qatar)
REPORT on the small-scale fisheries situation in the EU and future perspectives
REPORT on the proposal for a regulation of the European Parliament and of the Council on asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund]
RECOMMENDATION on the draft Council decision on the conclusion of the Protocol implementing the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (2022-2026)
REPORT on the EU Action Plan: protecting and restoring marine ecosystems for sustainable and resilient fisheries
Opinions (2)
OPINION on the draft Council decision on the conclusion of the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam
OPINION on the draft Council decision on the conclusion of the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam
Shadow opinions (4)
OPINION on a new EU-Africa Strategy – a partnership for sustainable and inclusive development
OPINION on human rights protection and the EU external migration policy
OPINION on a Farm to Fork Strategy for a fair, healthy and environmentally friendly food system
OPINION on the proposal for a regulation of the European Parliament and of the Council on European statistics on population and housing, amending Regulation (EC) No 862/2007 and repealing Regulations (EC) No 763/2008 and (EU) No 1260/2013
Institutional motions (1)
MOTION FOR A RESOLUTION the EU Protection of children and young people fleeing because of the war in Ukraine
Oral questions (1)
An EU Commissioner for Animal Welfare
Written questions (108)
Situation of children in the Samos hotspot
Combating corruption - the Commission's delays
Consequences of the agreement between Turkey and Libya (GNA)
Coronavirus
Three EU citizens attacked and summarily convicted in Serbia
Situation on the border between Greece and Turkey
Pushbacks in Greece
Health emergency in the EU
Role of the European Parliament in the decision-making process
Alleged refoulements from Greece to Turkey
Refusal of the Hungarian Parliament to ratify the Istanbul Convention
Reviving the tourist industry
Competitiveness of Europe’s steel industry: case of Acciai Speciali Terni
Monitoring mechanism at the external borders in Croatia
Death of UN field officer Mario Paciolla in Colombia
Systematic and coordinated push‑backs by the Greek authorities
EMFF transitional fund
Seizure of Mazara del Vallo fishing vessels in Libya
The EU’s response to Erdogan’s speeches against France
European response to terrorism
Limits on the supply of COVID-19 vaccine doses
Delays to the EU vaccination campaign
Legal action against delays and reductions in doses of COVID-19 vaccines by AstraZeneca and BioNTech-Pfizer, and changes to contract terms and conditions by pharmaceutical companies
Search and rescue and safe disembarkation in the proposed Pact on Migration and Asylum
Independent radio station Klubradio to be taken off air in Hungary
Widespread pushbacks at the EU’s external borders
Human rights situation in Turkey
Request for comments on the situation in the Democratic Republic of Congo
Sexual violence against children as a weapon of war in conflict zones
Commission position on the ‘tax haven’ the United Arab Emirates
Protecting journalism in Europe: wire-tapping of journalists as part of the enquiry into NGOs
Revocation of residence of Syrian refugees in Denmark
Search and rescue in the central Mediterranean
Libyan Coastguard: incapable and unwilling to save lives?
The inclusion of education programmes for refugees in the New Pact on Migration and Asylum
The arbitrary arrest, detention and death sentence of Dr Ahmadreza Djalali
Use of acoustic cannons against migrants and asylum seekers in Greece
Socioeconomic consequences of cuts to fishing days in the western Mediterranean
Beatings and torture by the Italian prison police against detainees in the ‘Francesco Uccella’ prison of Santa Maria Capua Vetere, Campania
Redundancies at the GKN plant in Campi Bisenzio
Killing of Italian citizen Michele Colosio in Chiapas, Mexico
Application for the protection of the term ‘prosěk’
Libyan Coastguard patrol boats – video files
Sicilian breach of COVID-19 Regulation
Dolphin massacre in the Faroe Islands
Crimes against humanity and war crimes in Libya
The letter on the ‘adaptation of the EU legal framework to new realities’
Libya – crimes against humanity
Visit of the Association for Juridical Studies on Immigration delegation to the Greek‑North Macedonian border
Pushbacks and the deterioration of migration
Humanitarian aid to Afghanistan
Respect for human rights during student demonstrations in Italy
Prisoner transfer agreement between Denmark and Kosovo
Providing search and rescue vessels to Libya
Erasmus4Ukraine
Situation in the Closed Controlled Access Centre of Samos
Russian propaganda on an EU national TV channel
Frontex and Greek pushbacks
Recognition of domestic work and of the role of households as employers
EU funding of closed migration centres
The Kremlin’s investments in EU political parties
Arrest and detention of Alessia Piperno and another eight EU citizens in Iran
40th anniversary of the Stuttgart Declaration
40th anniversary of the Stuttgart Declaration
Russian connections with European parties
Search and Rescue (SAR) in the Mediterranean
Serious LGBTQIA+ rights situation in Qatar
Decree-Law 1/2023 on Emergency provisions for the management of migration flows
Italian decree-law on urgent provisions for the management of migratory flows
Issuing of visas for Iranian women and girls
Issuing visas to Iranian women and girls
Pushbacks and detention of asylum seekers in Lithuania
Situation of fishers in international waters
The situation of Turkish and Syrian children orphaned by the earthquake
Tragedy off the coast of Crotone
Systematic abuses at Greek borders
Creation of a European civil peace corps
The case of Fatmata, a 23-year-old woman from Sierra Leone who was shot dead at the border between Greece and North Macedonia
Illegal expulsions by Greece
Illegal pushbacks in Greece
Cutro shipwreck: speed and effectiveness of procedures for assessing applications for protection under voluntary relocation schemes
Interference in the public service media in Italy
Identification of bodies from the Mediterranean
Protection of the rights of children with same-sex parents
Criminal shipwreck in Greece
The Strait of Messina Bridge: provisions concerning its construction, concession and Environmental Impact Assessment
Removing the minimum liver weight requirement for foie gras production
Cancer and cardiovascular disease cases among Lampedusa fire brigade
State of affairs in Guatemala following the June 2023 presidential elections
The uncontrolled and unjustified increase in the cost of bottled water in both European cities and airports
Urgent provisions on legal entries of foreign workers and the prevention and combating of unlawful immigration (23A02665)
Containing the spread of the blue crab and derogations on the use of towed gears
Lethal summer in the Mediterranean
Memorandum of understanding between the European Union and Tunisia
Compliance of the Italy-Albania memorandum of understanding with international law and EU asylum rules
Hearing of the journalist Sigfrido Ranucci in the Parliamentary Committee for the General Orientation and Supervision of Radio and Television Services
Protection of press freedom in Italy - possible amendment of the Consolidated Act on audio-visual and radio media services
Pro-Putin propaganda in Italy funded by EU money
The case of Filippo Mosca and prison conditions in Romania
Memorandum of understanding with Tunisia
Memorandum of understanding with Tunisia
Project to build an on-shore regasification plant in Porto Empedocle (Agrigento Province)
Living conditions for migrants in Italy’s immigration removal centres
Systematic human rights violations in Iran, with a focus on the plight of women: a call to step up EU diplomatic engagement and support regime change
‘Gag law’ in Italy
Partnership agreement between the EU and Egypt
Militarisation of migrant centres in Italy
Energy-from-waste plants in Sicily
Individual motions (1)
MOTION FOR A RESOLUTION on the establishment of a European Civil Peace Corps
Amendments (1377)
Amendment 1 #
2023/2124(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to the Commission communication of 21 February 2023 entitled ‘EU Action Plan: Protecting and restoring marine ecosystems for sustainable and resilient fisheries’ (COM(2023)0102) ) (“Action Plan”),
Amendment 30 #
2023/2124(INI)
Motion for a resolution
Citation 5
Citation 5
Amendment 31 #
2023/2124(INI)
Motion for a resolution
Citation 6
Citation 6
Amendment 33 #
2023/2124(INI)
Motion for a resolution
Citation 7
Citation 7
Amendment 34 #
2023/2124(INI)
Motion for a resolution
Citation 8
Citation 8
Amendment 35 #
2023/2124(INI)
Motion for a resolution
Citation 9
Citation 9
Amendment 37 #
2023/2124(INI)
Motion for a resolution
Citation 10
Citation 10
Amendment 38 #
2023/2124(INI)
Motion for a resolution
Citation 10
Citation 10
Amendment 39 #
2023/2124(INI)
Motion for a resolution
Citation 11
Citation 11
Amendment 43 #
2023/2124(INI)
Motion for a resolution
Citation 14
Citation 14
Amendment 45 #
2023/2124(INI)
Motion for a resolution
Citation 15
Citation 15
Amendment 62 #
2023/2124(INI)
Motion for a resolution
Recital A
Recital A
A. whereas there is an urgent need to step up global action at EU level to reverse the decline of marine ecosystems by tackling, whereall possible, human and natural pressures, supporting the positivpressures, it is essential that the fishing and aquaculture rsecovery of some fish stocks and encouraging scientific studies and any research and development that ensuretors contribute to this global objective through the recovery of fish stocks and the use of sustainable fisheries and aquaculture techniques;
Amendment 63 #
2023/2124(INI)
Motion for a resolution
Recital A
Recital A
A. whereas there is an urgent need to step up global action at EU level to reverse the decline of marine ecosystems by tackling, where all possible, human and natural pressures, supporting the positive recovery of some fish stocks and encouraging scientific studies and any research and development that ensurepressures it is essential that the fishing and aquaculture sectors contribute to this global objective through the recovery of fish stocks and use of sustainable fisheries and aquaculture techniques;
Amendment 72 #
2023/2124(INI)
Motion for a resolution
Recital B
Recital B
Amendment 82 #
2023/2124(INI)
Motion for a resolution
Recital C
Recital C
Amendment 102 #
2023/2124(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Deplores the fact that, despitePraise the efforts made by the EU fisheries sector’s great efforts and progress achieved towards the protectingon of marine ecosystems and making them sustainable, the oceans are still subject tosustainability of the three CFP pillars; despite this effort and progress, the oceans are affected by several other factors such as climate change, acidification and pollution through pollutadifferents such as nitrites, plastics and otherources of pollution marine litter or wastely from land- based activities, which are beyond the control of fishers and pose a significant threat to their livelihoods and marine ecosystems;
Amendment 115 #
2023/2124(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes, like all stakeholders involved in fisheries and environmental policies, that healthy marine ecosystems benefit our health, society and economy, and are essential for all the planet and the populations that rely on them;
Amendment 123 #
2023/2124(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that Commissioner Sinkevičius’s athe Action pPlan lacks amust be coherent approach with other CommissUnion priorities and strategies, such as ensuring food security, and the strategic autonomy of the EU and; in addition the Action Plan should grant a level playing field with non-EU countries, as well as the fight against rising prices,o contribute to enhancinge the social dimension of the common fisheries policy (CFP) and strengthening economic growth and employment;
Amendment 135 #
2023/2124(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that the action plan should be coherent with the objectives of the CFP that ensure that fishing and aquaculture activities are environmentally sustainable in the long term and are managed in a wayfollowing the ecosystem approach and that is consistent with the objectives of ensuring economic, social and employment benefits, and of contributing to the availability of food supplies; welcomes the objectives to have a coherent approach between CFP and other policies, in particular environmental legislation ;
Amendment 139 #
2023/2124(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that the CFP should implement the ecosystem-based approach to fisheries management; calls on the Commission to work on this goal not only in relation to fisheries management, but to all policies related to the blue economy, as part of an overarching legal framework;
Amendment 143 #
Amendment 145 #
2023/2124(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 164 #
2023/2124(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Insists on the factHighlights that MPAs are diverse in terms of size, species, habitats and ecosystems targetedo be protected are established with different conservation objectives, and should therefore not be seen as uniform areas; considers, therefore, that the action plan supporthas an oversimplified approach, in particular by proposing a blanket ban on certain fishing gear, thus giving the impression that all MPAs should be treatcan be implemented and managed in the same way; calls for a balance to be struck between the proposal to increase closures of traditional fishing areas, ond approach on the definition and implementation of MPAs, taking into account the cone hand, and maintaining fishing activity, on thservation objectives but also activities that traditionally use otherose areas;
Amendment 176 #
2023/2124(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that MPAs and all, including strictly protected areas are not an end in themselves and that their designation as protected areas will not prevent bad practices by foreign fleets, such as the Chinese fleet around the Galápagos sanctuary, should be planned, implemented, monitored and controlled with the close involvement of all stakeholders in the process; is of the opinion that this will ensure the implementation of each MPA and that their objectives are possible to achieve; recalls that the sense of ownership and belonging, will make it possible to reduce and prevent illegal activities;
Amendment 193 #
2023/2124(INI)
Motion for a resolution
Subheading 5
Subheading 5
Amendment 194 #
2023/2124(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recognises that mobile bottom contacting fishing gear has an important negative impact on the ecosystems, as demonstrated by science; highlights, however, that many of this type fisheries are considered by science as sustainable, and species captured are exploited below MSY limits;
Amendment 198 #
2023/2124(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is of the opinion that closing fishing zones to bottom trawleHighlights that many Union vessels operate with mobile bottom contacting fishing gears, and that many coastal regions are socially and economically dependent on activity of fleets that use these gears; highlights that closing fishing zones to mobile bottom contacting fishing gears is not simply a matter of moving fishing vessels sto that they can continue to fish elsewhere, as this approach failsdifferent fishing grounds ; stresses that it is necessary to take into account, among other things, the fishers’ understanding ofavailable resources possible to be captured with the seabed and gears, the presence of other fishing vessels in adjacent areas which could cause an overlap and lead to aconflict on the use of space, localised overexploitation of resources and the deterioration of working conditionsimpact ecosystems that are in a healthy state;
Amendment 218 #
2023/2124(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that this surplus of more or less short-term actions detracts from the coherence and legitimacy of initiatives that sConsiders that any plan to implement restrictions on the use of any particular fishing gear need to be made in coherence with different policies, have in account all stakehould be the subject of a consensus,ers, and takinge into account socio-economic, technical and scientific aspects;
Amendment 222 #
2023/2124(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes the lack of perspective on the consequences of certain aspects of the action plan, which was published without waiting, for instance, for scientific and socio-economic conclusions on previous proposalBelieves that the consequences of any action plan or legislative proposal, need to be assessed based on scientific and socio-economic assessments;
Amendment 233 #
2023/2124(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. EmphasisesCalls on the cComplexity and diversity of the management of the eel stock, which is not confined to a single marine-focused approach; highlights the fact that by focusing on annual fishing opportunities, other important factors are neglected, such as migration barriers, habitat quality, and illegal catches and trade; stresses that the Eel Regulation takes a holistic and comprehensive approach which captures both the marine and freshwater life stages of the eel and addresses both fisheries and non-fisheries impacts on eel stocksmission and the Member States to make full use of the Eel Regulation as the core policy for the management and recovery of the eel stock once again, ensuring a holistic and coherent approach, which also includes fully implementing measures in other relevant areas outside of fisheries; recalls that the Eel Regulation was found to be fit for purpose by the Commission evaluation of 2020; nevertheless, is of the opinion that better implementation of the Eel Regulation and additional, strengthened actions by Member States are needed, in order to ensure a comprehensive approach of the Regulation;
Amendment 241 #
2023/2124(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that measures taken outside the context of the Eel Regulation may undermine the coherence of adopted policy; deplores the ftherefore, has deep concerns with the non-holistic approacth thataken in Council Regulation (EU) 2023/1947 has restricted eel fisheries by introducing a six- month closure period without proper stakeholder consultation or an impact assessment on the socio-economic effects; considers, therefore, that an analysis of the species’ recovery and its possible role in combating invasive species should be undertaken before implementing further restrictive measures, as announced in the action plan; _________________ 7 Council Regulation (EU) 2023/194 of 30 January 2023 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep- sea fish stocks, OJ L 28, 31.1.2023, p. 1.considering a full package of measures in other policy areas as well as appropriate compensation
Amendment 246 #
2023/2124(INI)
Motion for a resolution
Subheading 7
Subheading 7
Amendment 247 #
2023/2124(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 252 #
2023/2124(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 258 #
2023/2124(INI)
Motion for a resolution
Subheading 8
Subheading 8
Amendment 261 #
2023/2124(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that, although the action plan is not legally binding, its implementation will entail significant socio-economic costs for Member States and their fleets, as it contains 90 measures in the form of regulations, guidance, analyses, roadmaps, studies, reports and initiativ; calls on Member States and the Commission to conduct the necessary studies in due time and in the preparation of new or reformed regulations or initiatives, as well as to take into account and engage the Marine Spatial Planning processes, either between region and sea basins, but also among different Member States and with third countries;
Amendment 273 #
2023/2124(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes the Commission’s embarrassingHighlight that some lack of clarity on the legal consequences of the action plan, due to its many contradictory statements, particularly at those made within Parliament’s Committee on Fisheries; considers that this has had a damaging impact on many sectors of the fishing industry, such as the brown shrimp sector, at a time when the uncertainties linked to the currentoment of its presentation, had a damaging impact on many sectors of the fishing industry, at a time when the uncertainties caused by cumulative consequences of several crises are weighing heavily on their morale;
Amendment 284 #
2023/2124(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Supports the Commission President’s proposal, in her 2023 State of the Union address, that every new piece of legislation should undergo a competitiveness check; requests that the action plan, andll fisheries-related legislative proposals and other initiatives include a competitiveness check on their socio- economic impact in the different activities and their effect on coastal communities;
Amendment 287 #
2023/2124(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Brings to the attention of the Commission that strategic documents, such as this Action Plan, should be presented to the different stakeholders in a more coordinated and clear way, and include full environmental, social and economic assessments and legal consequences of it implementation;
Amendment 292 #
2023/2124(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for an action plan that, along with the CFPHighlights that the action plan, should contribute for the equal sustainability of the environmental, social and economic pillars of the CFP; and, among others, contributes to productivity growth, a decent standard of living in the fisheries sector, includingworking conditions in the sector, in particular for the small-scale fisheries sector, and, stable markets, and that ensures the availability of food without compromising food security or the sovereignty gapfood security and improve EU strategic autonomy, and contribute to environmental recovery and protection;
Amendment 304 #
2023/2124(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers it essential that, any restrictions, whether based on the action plan or not, should be automatically mirrored in the case of productt international level, the EU work with other counterparts to implement rules with objectives and goals simported from non-EU countries, especially givenilar to the ones set in the CFP; recalls that the EU imports 70 % of the fish it consumes, and that it is essential to ensure consistency between internal and external policies, and a level playing field between EU and non- EU operators;
Amendment 308 #
2023/2124(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that mobile bottom-fishing gear catches account for 25 % of total European catches and that effective measures on bottom trawling at EU level should not lead to an increase in imports, especially if foreign fleets use bottom trawling gearnew management rules, in particular limitations or restrictions on the use of fishing techniques at EU level should not lead to an increase in imports of fishing products, in particular if these products are captured using fishing gears with limited or restricted use in EU;
Amendment 322 #
Amendment 324 #
2023/2124(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Supports the fisheries sector’s ongoing efforts to improve selectivity of fishing techniques and reduce its environmental impact without waiting for the Commission’s action plans; highlights the positive examples of; highlights the role of fishers as “guardians of the sea” and their commitment to restoring speciesfish stocks in protected areas while maintaining fishing activities, thanks to the major role played by fisheries stakeholderand contribution to the recovery of marine ecosystems;
Amendment 329 #
2023/2124(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Highlights, the importance to include all stakeholders, from fishers to social society representatives, in the decision making process and implementation of actions that contribute for the protection and restoration of marine ecosystems, that can support sustainable and resilient fisheries;
Amendment 333 #
Amendment 336 #
2023/2124(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 1 #
2023/2068(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’), and in particular Articles 1, 7, 20, 21, 223, 25, and 236 thereof,
Amendment 13 #
2023/2068(INI)
Motion for a resolution
Citation 15
Citation 15
– having regard to the Council of Europe´s Commission Against Racism and Intolerance (ECRI) General Policy Recommendation No 15 on combating hate speech, adopted on 8 December 2015,
Amendment 71 #
2023/2068(INI)
Motion for a resolution
Recital G
Recital G
G. whereas Member States do not address hate speech and hate crime in the same way in their respective criminal laws, which makes it difficult to defineleaves certain groups with insufficient protection in some parts of the Union and creates the need for a common European strategyapproach to combat ithate speech and hate crime;
Amendment 78 #
2023/2068(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the current EU framework only covers hate speech and hate crimes on the grounds of race, skin colour, religion and national or ethnic origin; whereas there is a clear need to effectively address hate speech and hate crimes based on other grounds, such as sex, sexual orientation, gender, age and disability, or any other fundamental characteristic, or a combination of such characteristics;
Amendment 98 #
2023/2068(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the fundamental rights that isare protected in the fight against hate speech and hate crime isare foremost human dignity and non-discrimination; whereas such protection should be universal; whereas protection against intolerance, be it racial, national origin, sexual orientation, religion, ideology, age, opinion or any other personal, physical or social condition or circumstance, whatever its form of expression, must not be limited to certain grounds or motivations;
Amendment 102 #
2023/2068(INI)
Motion for a resolution
Recital L
Recital L
L. whereas social dynamics change and can generate new motivations for hate speech and hate crime that have to be addressed by the common EU framework; and thus require an expansion of Art. 83 para 2 TFEU, that allows the co- legislators to cover all forms of hate;
Amendment 133 #
2023/2068(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that Member States’ criminal laws deal with hate speech and hate crime in different ways, that minimum rulesharmonization exist only when such crimes are based on race, skin colour, religion or national or ethnic origin, which makes it difficult to implement a successful common strategy to effectively combat hatred;
Amendment 137 #
2023/2068(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly regrets that almost two years have passed since the publication of the Commission communication and that no progress has been madeCouncil made no progress on it, while it was able to swiftly extend the list of EU crimes for other purposes;
Amendment 143 #
2023/2068(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 150 #
2023/2068(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Member States to agree withsupport the draft decision or at least not to oppose its adoption;
Amendment 184 #
2023/2068(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to take additional measures inll means at its disposal to countering the dissemination of illegal hate speech in online content on, particularly taking into account of the impact of the multiplier effect of the online environment and social media on revictimisation;
Amendment 206 #
2023/2068(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to establish adequate data collection systems for obtaining solid and, homogenous data onand anonymous data on hate incidents, including hate crimes, in accordance with the relevant national legal frameworks and EU data protection legislation, as well as adequate monitoring mechanisms to assess the impact that policies and regulations have on the fight against hate speech and hate crimes;
Amendment 52 #
2023/2028(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and human rights, as set out in Article 2 TEU and the Charter; whereas these values should be shared by Member States and should be upheld and actively promoted by the EU and Member States in their internal and external action; whereas in recent years some Member States have shown worrying decline in respect for those values; ;
Amendment 62 #
2023/2028(INI)
Motion for a resolution
Recital B
Recital B
B. whereas media freedom, pluralism, independence and the safety of journalists are crucial components of the right of freedom of expression and information and are essential to the democratic functioning of the EU and its Member States; whereas in recent years, journalists and media actors in Europe and abroad have increasingly come under threat, particularly when focussing on the misuse of power, corruption, fundamental rights violations and criminal activities;
Amendment 64 #
2023/2028(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas government bodies in some Member States and third countries have used Pegasus and other surveillance spyware against journalists, politicians, law enforcement officials, diplomats, lawyers, business people, civil society actors and other actors, for political and even criminal purposes; whereas such practices are extremely alarming and underscore the risk of abuse of surveillance technologies to undermine fundamental rights and democracy;
Amendment 70 #
2023/2028(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Court of Justice recalled25a that the right to freedom of association enshrined in Article 12(1) of the Charter is one of the essential bases of a democratic and pluralist society, as it allows citizens to act collectively in fields of mutual interest and in doing so to contribute to the proper functioning of public life; whereas increasingly violent attacks against the right to assembly and association through the disproportionate use of force against peaceful demonstrators have been reported in some Member States; _________________ 25a Commission v. Hungary (Transparency of association), Case C- 78/18, EU:C:2020:476
Amendment 72 #
2023/2028(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas some Member States imposed restrictions with the deliberate aim of limiting civic space; whereas the civic space in many Member States faces legal, administrative, and fiscal harassment, criminalisation and negative rhetoric aimed at stigmatising and delegitimising CSOs, activists and human rights defenders and draining their capacity to carry out their legitimate work;
Amendment 74 #
2023/2028(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, in March 2023, the Council of Europe Commissioner for Human Rights assessed situation of human rights defenders in Europe as having deteriorated alarmingly, and governments increasingly tend to disregard their human rights commitments, prioritising national security and public safety concerns over human rights; whereas the Commissioner , reported increasing restrictions on their ability to work freely and safely, as well as various forms of reprisals, including judicial harassment, prosecution, abusive controls and surveillance, smear campaigns, threats and intimidation in Member States and neighbouring countries; whereas this undermines democracy, and is part of a wider problem of polarisation in society characterised by increasing expression of hate and violence against different social or minority groups;
Amendment 75 #
2023/2028(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas journalists, media outlets and bloggers, human rights defenders, as well as civil society organizations, activists, trade unions, artists, researchers, whistleblowers, and politicians increasingly face threats, harassment, abusive lawsuits, and other forms of intimidation on account of their engagement in public participation;
Amendment 77 #
2023/2028(INI)
Motion for a resolution
Recital F
Recital F
F. whereas there have been multiple incidents of migrant deaths and human rights violations at European borders due to ineffective management and disproportionate use of force by the authorities; whereas the Court of Justice recalled that third country nationals can only be imprisoned when there is a specific legal basis to restrict their right to liberty and not when there is only a general criterion25b; _________________ 25b [1] Judgment of the Court (Second Chamber) of 6 October 2022. I. L. v Politsei- ja Piirivalveamet
Amendment 79 #
2023/2028(INI)
Motion for a resolution
Recital G
Recital G
G. whereas there has been an organised backlash against women’s and girls’ rights in recent years, where some Member States have sought to roll back on sexual and reproductive health and rights, such as existing legal protections for women’s access to abortion care; whereas in some Member States the denial of safe and legal abortion has led to the death of a number of women in recent years; whereas the prevalence of gender-based violence, including sexual violence and rape remains, high across the European Union; whereas some Member States have still not ratified the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention);
Amendment 83 #
2023/2028(INI)
Motion for a resolution
Recital H
Recital H
H. whereas FRA survey data show that the prevalence of discrimination on the grounds of racial or ethnic origin (including Roma, Muslims, jewish people and people of African descent) remains consistently high, both over time and across different population groups in different Member States; whereas antisemitism, islamophobia and racism are persistent forms of hatred and discrimination; whereas far-right extremism poses a particular threat to persons affected by discrimination and to society as a whole;
Amendment 89 #
2023/2028(INI)
Motion for a resolution
Recital I
Recital I
I. whereas discrimination and violence against LGBTIQ+ people across the EU persists; whereas LGBTIQ+ persons still face discrimination and exclusion in several Member States regarding social protection, social security, access to healthcare, education, legal protection and access to and supply of goods and other services which are available to the public, including housing; whereas CJEU case law which protects social rights and the private life of same- sex couples and children born to same-sex parents is not being implemented, such as the Coman case (C-673/16) and Baby Sara case (C-490/20); whereas surgeries and medical treatments are performed on intersex children without their prior, personal, full and informed consent; whereas intersex genital mutilation can have lifelong consequences, such as psychological trauma and physical impairments;
Amendment 92 #
2023/2028(INI)
Motion for a resolution
Recital J
Recital J
J. whereas incidents of hate speech have steadily increased within the EU over the last few years26 , largely due to the increasing numbers of social media users and the fact that hate speech thrives online; whereas hate speech can lead to hate crime; whereas according to the FRA, up to nine in ten hate crimes and hate-motivated attacks in the EU are not reported and are therefore not sanctioned; _________________ 26 At a glance briefing ‘Combating hate speech and hate crime in the EU’, European Parliamentary Research Service, June 2022.
Amendment 95 #
2023/2028(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the EU is based on the promotion of social, cultural and economic rights; whereas the number of people still living in poverty in the EU is high, with more than one in five children at risk of poverty and almost one European out of four is at risk of poverty or social exclusion; whereas the poverty cycle exacerbates other inequalities such as a person’s access to education, health and employment particularly when there is a shortage of funding to provide access to services such as affordable housing; whereas the energy crisis and inflation increased the number of people affected by insecurity, poverty and social exclusion;
Amendment 97 #
2023/2028(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the EU accession to the European Convention on Human Rights (ECHR) is an obligation under Article 6(2) TEU and remains a high priority; whereas it is part of a broader prospect for an enhanced protection of fundamental rights, democracy and the rule of law in the EU; whereas Member States and EU institutions and bodies including the European Court of Justice, the Fundamental Rights Agency of the EU (FRA) and the European Public Prosecutor’s Office (EPPO) have all a crucial role to play in upholding EU values and fundamental rights;
Amendment 106 #
2023/2028(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. SRecalls the importance of free media in upholding democracy, in holding public and private institutions to account and in allowing citizens to access balanced information; strongly condemns that in 2022 another global record for the number of imprisoned journalists was set; calls for a swift agreement on the anti- SLAPP directive, which should offer substantive and broad protection against abusive lawsuits;
Amendment 108 #
2023/2028(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates its concern for the abuse of fundamental rights in regards to the use of Pegasus and equivalent spyware for political purposes; underlines that the illegitimate use of spyware by national governments directly and indirectly affects the Union institutions and the decision making process, thus undermining the integrity of European Union democracy, and highlighting the urgency for greater transparency and legal accountability of the surveillance industry; calls on the Member States to put in place a conditional moratorium on the sale, acquisition, transfer, and use of spyware technologies, until a human rights-compliant regulatory framework will be in place; calls for a swift adoption of a strict human-rights-compliant regulatory framework at EU level for the trade in and use of spyware;
Amendment 112 #
2023/2028(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. IStresses that corruption is incompatible with the values of democracy and rule of law, as it deepens inequalities and erodes citizen’s trust in good governance; is deeply concerned by the increasing level of corruption in certain Member States, in particular of cases involving high-level officials and politicians; is concerned about the varying levels of implementation of the EU anti- corruption framework in Member States;
Amendment 114 #
2023/2028(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that judicial independence and effective checks and balances, which can vary from one Member State to another, are key components of the rule of law; condemns any attempts by Member State governments to exert political influence on or control over the independent decision-making of the judiciary directly or by organisational means; supports the creation of an EU strategy to ensure concrete and coordinated action at the EU level, including through the creation of a protection mechanism for human rights defenders within Europe, building on the examples in EU foreign policy, to ensure prevention, direct assistance and accountability;
Amendment 121 #
2023/2028(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the use of the Recovery and Resilience Facility and the horizontal enabling conditions for the freezing of EU funding to fight corruption and rule of law backsliding in Member States; stresses that funds restricted through different conditionality measures must only be released when key rule of law, corruption and human rights concerns are genuinely and adequately addressed; urges Member States to complete appropriate measures to reach the milestones set out in their respective Recovery and Resilience Plans; calls on the European Council to determine whether Hungary has committed serious and persistent breaches of EU values under Article 7(2) TEU;
Amendment 132 #
2023/2028(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes the increasing threats to the freedoms of association, speech and assembly; reiterates that the right to peaceful assembly can be restricted only when provided for by law and if necessary and proportionate to protect a general interest recognised by the Union or the rights and freedoms of others; condemns the use of violent and disproportionate intervention by law enforcement during peaceful protests;
Amendment 137 #
2023/2028(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that in order to ensure the right to freedom of expression and information, which is foundational for any democracy, information must be universally accessible and diverse, and underscores that artistic freedom must be guaranteed; stresses that disinformation can be highly disruptive for the functioning of democratic societies, economies and political systems; reiterates its suggestion to establish a sanction regime to tackle disinformation from malicious foreign powers, in particular with a view to the upcoming European elections; underlines that an independent and pluralistic media landscape is indispensable to effectively counter disinformation and propaganda and therefore must be promoted, including through effective action against media concentrations and through the empowerment of independent media in the online environment; notes that the political independence of media regulation and oversight by Member States and the Commission, the protection of editorial independence throughout the Union, as well as the protection of journalists from surveillance and the protection of journalistic sources are of paramount importance;
Amendment 143 #
2023/2028(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the crucial role of civil society organisations (CSOs) in promoting active citizenship, fundamental rights and democratic participation in Europe; calls for a Commission strategy and common rules in all Member States to promote a regulatory and political environment free from chilling effects, threats and attacks, and to provide CSOs with a sustainable and non-discriminatory access to resources and support their engagement in civil dialogue and participation in policy making;
Amendment 146 #
2023/2028(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that under Article 6 of the Charter, everyone has the right to liberty and security, which means that everyone within the Union should be protected from unlawful and arbitrary arrest; calls on Member States to follow the Commission recommendation on procedural rights of suspects and accused persons in order to improve detention conditions and thus ensure a higher protection of the right to liberty and security;
Amendment 148 #
2023/2028(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Condemns the rise in antisemitic, anti-Islamic and racist incidents in the EU; recalls that under Article 10 of the Charter everyone has the right to freedom of thought, conscience and religion; deplores that incidents of discrimination, racist and xenophobic crimes are often not reported to the authorities, which leads to de facto impunity; regrets that not all Member States have fully transposed the framework decision on anti-racism and xenophobia;
Amendment 155 #
2023/2028(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that the datafication of everyday life and data scandals mean that the right to the protection of personal data is of growing importance; reiterates its concerns about the uneven application of the General Data Protection Regulation; supports the current legislative process on a European regulatory framework on Artificial Intelligence providing for strong fundamental rights safeguards by banning intrusive and discriminatory uses of AI systems such as biometric surveillance, emotion recognition and predictive policy AI systems;
Amendment 159 #
2023/2028(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Strongly condemns the widespread fundamental rights violations and use of disproportionate violence by national authorities at Union borders, including arbitrary detention, inhumane living conditions and lack of access to health care, unlawful returns, and violent pushbacks; condemns laws in Member States that undermine the effective protection of human rights of refugees, asylum seekers, and migrants on the land and at sea; highlights that almost a third of asylum seekers are children and reiterates that immigration detention of children should not be permitted;
Amendment 166 #
2023/2028(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Strongly deplores the numerous deaths of refugees and migrants at sea; calls urgently for permanent coordinated search and rescue operations and for Member States to take every possible action to save the life of people at risk at sea;
Amendment 174 #
2023/2028(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. DCalls on the Commission to ensure that the right of non-discrimination and equal treatment is respected across the EU; deplores that the proposal on the horizontal anti-discrimination directive has remained blocked in the Council for 14 years;
Amendment 180 #
2023/2028(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that gender-based violence is highly prevalent in all Member States across the Union; condemns the backsliding on women’s rights in some Member States, particularly the denial of access to safe and legal abortion; highlights that the ECtHR has ruled that restrictive abortion laws and lack of implementation violates a woman’s right to bodily autonomy and integrity; reiterates its condemnation of Poland’s law which imposes a near total ban on abortion; recalls that citizens who help those to access abortion when it is not freely and legally available should not be persecuted; reiterates its call on the Commission to include the right to abortion in the Charter of Fundamental Rights; welcomes the Commission’s proposal for a Directive to combat Violence Against Women and Domestic Violence; highlights that such Directive should guarantee obligations laid down in the Istanbul Convention as a minimum standard and aim to strengthen these standards to increase the level of protection; welcomes the EU´s accession to the Istanbul Convention;
Amendment 190 #
2023/2028(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that hate crimes and hate speech motivated by racism, xenophobia, religious intolerance or a person’s disability, sexual orientation, gender identity, gender expression and sex characteristics are extreme examples of discrimination; notes that EU Member States have a duty to combat and investigate hate crime, punish perpetrators and take preventive measures; stresses the need for appropriate recording of hate crimes by law enforcement authorities to better understand the nature and prevalence of the phenomenon and its impact on victims;
Amendment 194 #
2023/2028(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the Commission’s initiative to extend the list of EU crimes in Article 83(1) TFEU to hate speech and hate crimes, highlighting the need to ensure a robust EU criminal law response to hate speech and hate crime on all grounds; deplores the delayed approval of the initiative, and reiterates its call on the Council to work diligently towards a consensus;
Amendment 195 #
2023/2028(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to effectively monitor the implementation of the measures contained in the various equality strategies, such as the EU LGBTIQ+ Equality Strategy 2020-2025, the EU Gender Equality Strategy 2020- 2025, the Strategy on Roma Equality and Inclusion, as well as the EU anti-racism action plan 2020-2025; urges the Member States to swiftly draw up and implement national action plans against racism (NAPAR); demands the full implementation and enforcement of existing EU law, including the Racial Equality Directive and the Framework Decision on combating racism and xenophobia;
Amendment 197 #
2023/2028(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Deplores that discriminatory profiling practices by police persists in the European Union; is deeply concerned about cases of police violence against racialized people in several Member States; calls on the Member States to ensure that people have access to independent and well-functioning police complaints mechanisms capable of launching investigations into cases of police violence, misconduct and abuse and to safeguard the rights of people to document these cases;
Amendment 203 #
2023/2028(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. 22. Welcomes the Commission’s proposal for a Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood to protect the rights of all children by ensuring that their parental ties established in one Member State are recognised in all EU Member States;
Amendment 208 #
2023/2028(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recognises that poverty is another form of discrimination that leads to the violation of fundamental rights; highlights the particular vulnerability of children and the impact that poverty has on them and on their physical and psychological development; calls on the Commission, the Council and the Member States to develop policies to reduce poverty, paying particular attention to children;
Amendment 212 #
2023/2028(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the Council Recommendation of 30 January 2023 on adequate minimum income27 ensuring active inclusion as a step forward in implementing principle 14 of the European Pillar of Social Rights; regrets however the lack of concrete measures to overcome structural discriminatory and biased approaches towards vulnerable groups such as women, racialized minorities, Roma, and refugees; calls on the Member States to collect data on minimum income disaggregated for these groups; _________________ 27 OJ C 41, 3.2.2023, p. 1.
Amendment 214 #
2023/2028(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that digitalisation is a transversal process that impacts access to all services, particularly healthcare, and the exercise of fundamental rights; underlines that digital poverty in the EU should be monitored and assessed in relation to access to essential services and fundamental rights, including for elderly people, people living in situations of homelessness, people living in remote areas and Roma people25a; _________________ 25a https://www.eapn.eu/wp- content/uploads/2023/02/eapn-EAPN- Report-2022_Equal-access-to-affordable- quality-essential-services-5639.pdf
Amendment 217 #
2023/2028(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that housing is not a commodity, but a necessity, and is a precondition for participating fully in society; calls on Member States to step up investment in social and affordable housing to eradicate the burden of high housing costs, particularly among disadvantaged and vulnerable groups, and to avoid competition between these groups;
Amendment 221 #
2023/2028(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the recognition of the universal right to access to a healthy and sustainable environment by the UN Human Rights Council on 8 October 2021; notes that according to the European Environment Agency, 307,000 premature deaths resulted from exposure to fine particulate matter air pollution in the Union in 2019 alone; recalls the need for full alignment of the EU ambient air quality standards with the latest WHO guidelines by 2030;
Amendment 222 #
2023/2028(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the progress made since the resumption of the negotiations towards EU accession to the ECHR in June 2020 and the provisional agreement on the draft revised accession instruments reached in March 2023; calls on the Commission and the Council to resolve the remaining issue on the situation of EU acts in the area of the Common Foreign and Security Policy as swiftly as possible in order to complete the accession process;
Amendment 225 #
2023/2028(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Supports the FRA’s work on analysing data in order to document discrimination and welcomes further developments in this field; calls on national bodies cooperating with FRA to provide impartial data; calls on the FRA to consult additional sources when serious concerns persist on the quality of data; welcomes the Commission’s proposals for two directives on standards for equality bodies, aiming to ensure better implementation and enforcement of EU anti-discrimination rules;
Amendment 226 #
2023/2028(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Highlights the importance of supporting and strengthening cooperation between the EU institutions, the Member States, the European Anti-Fraud Office and the European Public Prosecutor’s Office; calls on the Commission to present a report assessing the possibility and modalities to extend the mandate of the EPPO, as provided for in Article 86 TFEU, to include serious environmental crimes that are detrimental to the interests of the Union or affect the consistent application of EU policies related to the protection of the environment;
Amendment 227 #
2023/2028(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls to establish the FRA as an independent human rights authority, similar to national human rights institutions and in line with the UN General Assembly’s Paris Principles of 1993, to protect and promote the Charter policies and practices from Union institutions, bodies, offices and agencies, and from Member States when implementing Union law; considers that this requires a legal basis in the Treaties for the setting up of a European Union Authority for Fundamental Rights, enshrining its independence and introducing the ordinary legislative procedure for adopting and amending its mandate; calls to entitle this new Authority to bring actions under Article 263 TFEU on grounds of infringement of the Charter; calls to include in its mandate the power to handle complaints and mandatory consultation by the Commission of the FRA when preparing proposals for legislative acts or recommendations which have an impact on fundamental rights;
Amendment 228 #
2023/2028(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the importance of the relevant CJEU case-law upholding the respect for fundamental rights and further defining the rule of law; is concerned by the persistent refusal of some Members States, notably Hungary and Poland, to implement domestic, CJEU and ECtHR judgements, which contributes to the erosion of the rule of law; stresses that the non-implementation of judgments can lead to human rights violations being left without remedy; highlights that the primacy of EU constitutes the bedrock of the EU’s legal order; deplores that Poland undermines the primacy of EU law in order to avoid compliance with judgements of the CJEU;
Amendment 4 #
2023/0172(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The safety of Union shipping, seafarers and of citizens using it and, along with the well-being of passengers and crew as well as the protection of the environment should be ensured at all times.
Amendment 7 #
2023/0172(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The welfare of workers in the maritime industry, ensuring fair labour conditions and adequate protection for seafarers should be guaranteed.
Amendment 9 #
2023/0172(COD)
Proposal for a directive
Recital 5
Recital 5
(5) At international level, the function of investigating maritime accidents is part of flag State responsibilities,; wherein it is of utmost importance to ensure that accident investigations prioritize accountability and learning to prevent future accidents; while at the Union level it is made independent and regulated by Directive 2009/18/EC of the European Parliament and of the Council29 . This Directive should not affect Directive 2009/18/EC. _________________ 29 Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council (OJ L 131, 28.5.2009, p. 114)
Amendment 11 #
2023/0172(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Minimum criteria and inspection targets related to those resources should be established on the basis of the practical and observational experience of the Member States, including the use of non-exclusive inspectors, via implementing measures.
Amendment 12 #
2023/0172(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The fulfilment of a harmonised capacity building scheme, post- qualification, by flag State surveyors and inspectors, should ensure a level playing field between maritime administrations and contribute to the qualitative performance of ships flying the flag of a Member State. Continuous training and professional development for seafarers should be ensured as to stay up-to-date with evolving safety and environmental standards.
Amendment 13 #
2023/0172(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The establishment and development of a database providing essential information, in an electronic format on ships flying the flag of a Member State should contribute to enhanced exchange of information, further improve the transparency of the performance of a high quality fleetworking conditions and wages of fleet to promote fair labour practices and allowing enhanced monitoring of flag State obligations to ensure a level playing field between maritime administrations.
Amendment 15 #
2023/0172(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Transparency in maritime operations should be ensured along with accountability of ship-owners for any violation of safety or environmental regulations.
Amendment 16 #
2023/0172(COD)
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Relevant authorities should establish mechanisms for whistle-blowers to report safety and environmental violations without fear of retaliation.
Amendment 17 #
2023/0172(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to discuss flag State matters, including technical, issues and facilitate exchange of expertise and information, a high level group on flag State matters consisting of Member States’ national authorities, flag State experts and inspectors, as well as, aswhere appropriate, experts from the private sector and representatives of maritime workers, should be established.
Amendment 20 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2009/21/EC
Article 3 – paragraph 1
Article 3 – paragraph 1
(la) ‘outstanding deficiencies’ include, without limitation, any unresolved or pending issues, violations, or concerns related to ship's safety, environmental compliance, crew qualifications and welfare, documentation, certification, prior flag State findings, the assurance of fair labour conditions, adequate safeguards for seafarers and adherence to the legal framework of the flag State. These deficiencies constitute a comprehensive range of potential issues that possess the capacity to impede the secure operation of the vessel, influence its environmental footprint, affect the well-being of the crew, or contravene established international regulations.
Amendment 21 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/21/EC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Prior to allowing a ship to operate, which has been granted the right to fly its flag, the Member State concerned shall ensure that the ship in question complies with the applicable international rules and regulations, notably with regard to seafarers' working conditions and environmental protection. In particular, it shall verify the safety records of the ship using the inspection reports and certificates contained in database referred to in article 6a. It shall, if necessary, consult with the losing flag State in order to establish whetherto address any outstanding deficiencies or safety issues identified by the latter remain unresolved. This collaboration shall aim to ensure that any outstanding deficiencies or safety concerns are fully resolved before the ship operates.
Amendment 22 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4a
Article 4a
(a) prohibiting ships from sailing until such ships can proceed to sea in compliance with international rules and standards; including the conduct of regular safety drills and exercises to ensure the readiness of the crew for emergency situations, and enforcing crew rest hour regulations to prevent fatigue- related accidents;
Amendment 23 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4a
Article 4a
(b) ensuring that ships entitled to fly their flag have been surveyed in accordance with the survey guidelines under the Harmonized System of Survey and Certification (HSSC); and,. This includes conducting environmental audits to assess compliance with regulations related to emissions, ballast water management, and other environmental concerns, going beyond standard safety inspections;
Amendment 24 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4a
Article 4a
(ba) Promoting a safety culture on board by encouraging the reporting of near-misses and unsafe conditions, as well as the continuous improvement of safety practices;
Amendment 25 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4a
Article 4a
(bb) Collaborating with other flag States and international bodies to conduct joint inspections, share information, and harmonize enforcement efforts to ensure the effective enforcement of international rules and standards;
Amendment 26 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4a
Article 4a
(c) carrying out supplementary flag State inspections of ships to verify that the actual condition and working conditions of the ship is in conformity with the certificates it carries. These inspections should also encompass crew training and welfare, ensuring that crew members receive proper training in safety and environmental procedures, and that their rights and well-being are protected in accordance with the Maritime Labour Convention, 2006 (MLC 2006);
Amendment 27 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4a
Article 4a
(ca) Utilizing advanced monitoring technology, such as satellite tracking and remote sensors, to track a ship's activities and compliance with regulations in real- time;
Amendment 28 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/21/EC
Article 4a
Article 4a
(cb) Requiring ships to submit regular reports on safety and environmental compliance and making these reports accessible to relevant authorities for review, thereby enhancing reporting and transparency.
Amendment 31 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(ga) Information related to the ship's environmental performance, such as emissions data (e.g., greenhouse gas emissions, sulphur oxide emissions) and data on the management of ballast water and other potentially polluting substances;
Amendment 32 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(gb) Details about the ship's crew, including their qualifications, certifications, and rest hours, to ensure compliance with labour and safety regulations;
Amendment 33 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(gc) Reporting of any accidents, incidents, or near-misses, along with the actions taken to address them, contributing to a proactive safety culture;
Amendment 34 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(gd) Information on the type, quantity, and handling of cargo, especially for ships carrying hazardous materials or dangerous goods, to assess compliance with transport and safety regulations;
Amendment 35 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(ge) Data related to the ship's Safety Management System, including records of safety meetings, hazard assessments, and corrective actions taken;
Amendment 36 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(gf) Data on security measures and compliance with international maritime security codes and conventions, particularly relevant in today's security- conscious environment;
Amendment 37 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(gg) Information on technological upgrades, equipment maintenance, and safety-related modifications made to the ship;
Amendment 38 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(gh) Records related to the welfare and living conditions of seafarers, including records of crew complaints or concerns;
Amendment 39 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(gi) The ability for Member States to verify the authenticity and validity of certificates and documentation presented by the ship, helping to combat fraud and ensure compliance;
Amendment 40 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/21/EC
Article 6
Article 6
(gj) Reporting on sustainability practices, such as fuel consumption, energy efficiency measures, and environmental impact reduction efforts, aligning with global sustainability goals.
Amendment 45 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9a
Article 9a
(ja) Develop recommendations and guidelines for flag State inspections and procedures that prioritize the protection of workers' rights and safety on ships, including the involvement of workers' representatives in safety inspections;
Amendment 46 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9a
Article 9a
(jb) Provide recommendations for flag State inspections and procedures that emphasize environmental compliance, ensuring that ships are adhering to international environmental regulations and guidelines;
Amendment 47 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9a
Article 9a
(jc) Assist in the development of measures to promote social responsibility and compliance with labour standards on ships, including monitoring and reporting on crew welfare, working conditions, and adherence to the Maritime Labour Convention, 2006 (MLC, 2006);
Amendment 48 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9a
Article 9a
(jd) Encourage flag States to engage with local communities in ports of call to address any social or environmental concerns related to ship operations, promoting positive relationships and responsible maritime practices;
Amendment 49 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9a
Article 9a
(je) Advise on the integration of new technologies, such as digital reporting tools and IoT devices, to enhance the effectiveness of flag State inspections and oversight, while also considering data privacy and cybersecurity aspects;
Amendment 50 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9a
Article 9a
(jf) Establish mechanisms for conflict resolution and dispute resolution related to flag State inspections and procedures, ensuring fair and transparent processes.
Amendment 52 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9b
Article 9b
(iva) Investments in green and environmentally sustainable technologies, such as the use of cleaner fuels or emission reduction equipment, to demonstrate efforts towards reducing the environmental footprint of the flagged fleet;
Amendment 53 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9b
Article 9b
(ivb) Initiatives and measures taken to promote a safety culture on board ships, including training programs, safety drills, and campaigns to raise awareness among crew members about safety practices;
Amendment 54 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9b
Article 9b
(ivc) Any incidents, accidents, or violations related to safety and pollution prevention requirements, along with actions taken to address them, promoting transparency and accountability;
Amendment 55 #
2023/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/21/EC
Article 9b
Article 9b
(ivd) Collaboration with other Member States and international bodies to enhance safety and pollution prevention, including joint inspections, information sharing, and participation in international initiatives to improve maritime safety and environmental protection;
Amendment 16 #
2023/0171(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Administrative penalties introduced in transposition of Directive 2005/35/EC should be without prejudice to Directive (EU) 2023/xxxx, with the aim of harmonizing and proportionally penalizing ship-source pollution offences. Member States should define the scope of administrative and criminal law enforcement with regards to ship-source pollutionthese offences according to their national law. In the application of national law transposing Directive 2005/35/EC, Member States should ensure that the imposition of criminal penalties and of administrative penalties respects the principles of the Charter of Fundamental Rights of the European Union, including the prohibition of ne bis in idem.
Amendment 17 #
2023/0171(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The penalties provisioned by Directive 2005/35/EC should be strengthened by ensuring consistent application of administrative penalties throughout the Union. To strengthen the deterrent effect of penalties imposed for ship-source pollution offences, such penalties should take at least the form of fines imposed both to the company of the ship, unless the company can prove that the master of the ship orand a member or members of the crew, the latter not acting under the responsibility of the master, was responsible for the discharge. In this context, the company of ship means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, which has assumed the responsibility for the operation of the ship from the shipowner, in alignment with the International Management Code for the Safe Operation of Ships and for Pollution Prevention (‘ISM Code’)24 , implemented in Union law by virtue of Regulation (EC) No 336/2006 of the European Parliament and of the Council25 . Directive 2005/35/EC should recognise that the management of the ship could be delegated by the registered owner to a different entity, which should then be held in the first place responsible for not implementing its obligations under the ISM Code to ensure the avoidance of damage to the environment or the assignment of shipboard operations to qualified personnel. _________________ 24 International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organisation by Assembly Resolution A.741(18) of 4 November 1993, as amended. 25 Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 (Text with EEA relevance) (OJ L 64, 4.3.2006, p.1).
Amendment 18 #
2023/0171(COD)
Proposal for a directive
Recital 10
Recital 10
(10) National administrative and judicial authorities should take into account all relevant circumstances when determining the level of penalties to be imposed to the polluter. National authorities should establish a comprehensive and proportional system of penalizing ship- source pollution offenses that takes into account the size of the vessel, the nature and quantity of waste, and the frequency of violations, all while promoting environmental responsibility and deterring illegal pollution. Taking into account the diverse nature of polluting substances covered under Directive 2005/35/EC and the importance of consistent application of penalties across the Union in light of the cross-border nature of the regulated behaviour, further approximation and effectiveness of penalty levels should be fostered through the establishment of concrete criteria for the application of penalties for discharges of different polluting substances. In order to ensure the uniform conditions for the application of penalties, implementing powers should be conferred to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council26 . The examination procedure should be used for the adoption of these implementing acts. _________________ 26 Regulation (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 Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 21 #
2023/0171(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The accompanying measures for cooperation and the reporting obligations of Member States have not been sufficient until now to allow a complete analysis whether polluters face effective, dissuasive and proportionate penalties and that adequate data is made available to the Commission to monitor the implementation of Directive 2005/35/EC. In order to ensure the effective and consistent enforcement of Directive 2005/35/EC, exchange of information and experience should be facilitated through enhanced cooperation, while at the same time ensuring that adequate data are made available to the Commission in order to allow the proper monitoring of the implementation of Directive 2005/35/EC. The rights of crew members who report any offenses they encounter should be diligently safeguarded.
Amendment 24 #
2023/0171(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The existing satellite-based service ‘CleanSeaNet’ which notifies Member States authorities on potential illegal discharges, should be further enhanced to include information on the additional polluting substances under the scope of Directive 2005/35/EC. Information relating to potential or actual discharges reported by Member States in accordance with Directive 2005/35/EC and to other Union maritime safety databases, such as the Union Maritime Information and Exchange System established by Directive 2002/59/EC of the European Parliament and of the Council27 (‘SafeSeaNet’) and the Inspection Database set up by Directive 2009/16/EC of the European Parliament and of the Council28 (‘THETIS’) should be integrated and disseminated in a user- friendly electronic format to the national authorities involved in the enforcement chain in order to facilitate their timely response. Such information, when relating to an actual or potential discharge of Exhaust Gas Cleaning System residue from a ship, should further be automatically disseminated to the dedicated module of THETIS set up by under Commission Implementing Decision 2015/253 (‘THETIS-EU’), in order to assist Member States with enforcement actions undertaken in accordance with the provisions of Directive (EU) 2016/802. In order to ensure the effective monitoring of the Directive’s implementation by all Member States, a verification rate of 10% per year of the alerts sent by CleanSeaNet should be ensured by each Member State within the first three years form the transposition of this Directive. Access to this information should be granted to the authorities of other Member States having an interest in it under their roles as port States of the next port of call, coastal States affected by the potential discharge or flag States of the ship in order to facilitate effective and timely cross-border cooperation, minimise the administrative burden of enforcement activities and ultimately effectively and proportionately penalise offenders for infringements of Directive 2005/35/EC. _________________ 27 Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10). 28 Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (OJ L 131, 28.5.2009, p. 57).
Amendment 30 #
2023/0171(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In order to increase public awareness in ship-source pollution discharges and, improve environmental protection, contribute to the goal of restoring nature and respect the commitments of European Green Deal, information provided by the Member States on the application of Directive 2005/35/EC should be made publicly available through a Union-wide overview and include the information listed in Annex II of Directive 2005/35/EC. Directive 2003/4/EC of the European Parliament and of the Council30 aims to guarantee the right of access to environmental information in the Member States in line with the Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention), to which the Union is a party. The Commission should protect the confidentiality of information received by Member States, without prejudice to the provisions of Directive 2003/4/EC. _________________ 30 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
Amendment 32 #
2023/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/35/EC
Article 1
Article 1
1. The purpose of this Directive is to incorporate into Union law international standards on pollution from ships and to ensure that persons responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate administrative penalties in order to improve maritime safety, to contribute to the goal of restoring nature, respect the commitments of European Green Deal and to enhance protection of the marine environment from pollution by ships.
Amendment 34 #
2023/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2005/35/EC
Article 4
Article 4
2. Each Member State shall take theall necessary measures to ensure that any natural or legal person having committed an infringement within the meaning of paragraph 1 is held liable therefor.;
Amendment 35 #
2023/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/35/EC
Article 5
Article 5
1. A discharge of polluting substances subject to regulation by Annexes I, II and VI to Marpol 73/78 into the areas set out in Article 3(1) points (c), (d) and (e) shall not be regarded as an infringement for the company, the master or the crew, if both if it is a direct result of force majeure; justified only if compelling evidence is provided; or if all of the following conditions are fulfilled:
Amendment 36 #
2023/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/35/EC
Article 5
Article 5
(ba) the discharge was immediately reported to the authorities after its occurrence.
Amendment 37 #
2023/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/35/EC
Article 5
Article 5
2. Paragraph 1 shall not apply where the company, the master or the crew responsible for the damage acted either with intent to cause damage or recklessly and with knowledge that damage would probably result. Acting against safety rules, good practices, and ignoring warnings in particular, when demonstrated that risks have been taken with full awareness of the danger;
Amendment 38 #
2023/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2005/35/EC
Article 8d
Article 8d
(aa) content and quantity of discharged waste as aggravating factors;
Amendment 39 #
2023/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2005/35/EC
Article 8d
Article 8d
(ab) ship size categories;
Amendment 40 #
2023/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2005/35/EC
Article 8d
Article 8d
(c) the damage caused from the discharge to the environment or human health, environmental impact assessment and the cost of environmental restoration;
Amendment 41 #
2023/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2005/35/EC
Article 8d
Article 8d
(fa) measures taken by the responsible person or company to inform the competent authorities, or hierarchy in the case of a company employee;
Amendment 42 #
2023/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2005/35/EC
Article 8d
Article 8d
(h) anymount and volume of previous infringements by the responsible person.
Amendment 48 #
2023/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2005/35/EC
Article 10d
Article 10d
1. The Commission shall develop and maintain, maintain and make easily accessible to the public, a confidential online external reporting channel for receiving reports, within the meaning of Directive (EU) 2019/193740 on potential infringements of this Directive and shall relay such reports to the Member State or Member States concerned. _________________ 40 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
Amendment 49 #
2023/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2005/35/EC
Article 10d
Article 10d
2. Member States shall ensure that national competent authorities receiving reports of violations of this Directive, submitted through the channel referred to in paragraph 1, provideinvestigate, where appropriate, act upon, and provide prompt feedback and follow-up on those reports in accordance with Directive (EU) 2019/1937.
Amendment 50 #
2023/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2005/35/EC
Article 10d
Article 10d
2a. Member States shall ensure that individuals who report potential infringements within this Directive shall not suffer any adverse employment consequences, harassment, threats, or discrimination as a result of their disclosure. The identity of whistle-blowers shall be kept confidential to the extent permitted by law. Whistle-blowers shall not be considered liable for their disclosure, provided that it is made in good faith and without malice.
Amendment 11 #
2023/0008(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In 2017, the European Statistical System Committee (ESSC) endorsed the Budapest Memorandum, which stated the need for annual statistics on the size and on certain social, economic and demographic characteristics of the population and improved statistics on migration. For the observance of the principles of equality and non-discrimination of its citizens in all activities and the individual citizens’ rights as enshrined in the Charter of Fundamental Rights of the European Union23 and Articles 10 and 19 TFEU, the Union needs reliable and comparable statistics. Migration and international protection statistics are essential to establishing an overview of migratory flows within the EU and to ensuring that Member States apply EU legislation correctly, in compliance with the legislation in force. Regulation (EU) 2019/1700 provides a framework for data collections from samples that allow to collect data on equality and non- discrimination in so far as this is feasible on samples and to analyse some aspects of equality and discrimination by producing socio- economic indicators and information on experience of discrimination. In addition, the Fundamental Rights Agency (FRA) and the European Institute for Gender Equality (EIGE) carry out specific studies and dedicated surveys that can further extend the availability of equality statistics at EU level. Future cooperation and coordination between Member States, Eurostat and these agencies should be enhanced to meet growing user demands for reliable and comprehensive data on equality and diversity in the Union. _________________ 23 OJ C 202, 7.6.2016, p. 389.
Amendment 49 #
2022/0402(CNS)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
Amendment 60 #
2022/0402(CNS)
(13a) The child-parent relationship calls into question an essential aspect of the child’s identity, in particular, not only the right to a personal identity but also the right to live and grow up in a stable family environment. The best interests of the child should always prevail. The European Court of Human Rights has expressly stated that the best interests of the child reduces the margin of appreciation of the State Parties in the recognition of the child-parent relationship1a. Consequently, it becomes necessary to proceed with the recognition of parenthood regardless of the family context and the way in which the child is conceived. It is also necessary to guarantee the full legitimisation of the family, the conjugal relationship, understood as a nucleus of stable affections and relationships between persons, and of the children resulting from such relationship. _________________ 1a ECtHR, Judgment 22.11.2022 [Section III], D.B. and Others v. Switzerland - 58252/15 and 58817/15.
Amendment 62 #
2022/0402(CNS)
Proposal for a regulation
Recital 14
Recital 14
(14) Under Article 21 TFEU and secondary legislation relating thereto as interpreted by the Court of Justice, the respect of a Member State’s national identity under Article 4(2) TEU and a Member State’s public policy cannot serve as justification to refuse to recognise a parent-child relationship between children and their same-sex parents for the purposes of exercising the rights that a child derives from Union law. In fact, the protection of the interests of the child should prevail over considerations of national identity and public policy, so that the child can live in a stable and recognised family free from any stigma, including from a legal point of view. This is particularly true if one considers that the best interest of the child is an integral part of the concept of public policy, thus favouring the entry into national law of new family and conjugal relations. In addition, for the purposes of exercising such rights, proof of parenthood can be presented by any means52 . Therefore, a Member State is not entitled to require that a person presents either the attestations provided for in this Regulation accompanying a court decision or an authentic instrument on parenthood, or the European Certificate of Parenthood created by this Regulation, where the person invokes, in the context of the exercise of the right to free movement, rights that a child derives from Union law. This should not, however, prevent a person from choosing to present in such cases also the relevant attestation or the European Certificate of Parenthood provided for in this Regulation. To ensure that Union citizens and their family members are informed that the rights that a child derives from Union law are not affected by this Regulation, the forms of the attestations and of the European Certificate of Parenthood annexed to this Regulation should include a statement specifying that the relevant attestation or the European Certificate of Parenthood do not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means. _________________ 52 Judgments of the Court of Justice of 25 July 2002, C-459/99, MRAX, ECLI:EU:C:2002:461, paragraphs 61 and 62, and of 17 February 2005, C-215/03, Oulane, ECLI:EU:C:2005:95, paragraphs 23 to 26.
Amendment 67 #
2022/0402(CNS)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Furthermore, according to the case-law of the European Court of Human Rights, the best interests of the child also entails the legal identification of the persons responsible for raising them, meeting their needs and ensuring their welfare, as well as the possibility for the child to live and develop in a stable environment1a. It is therefore clear that the child will have an interest in the legal recognition of their relationship with the parents. _________________ 1a ECtHR, 10.4.2019 [GC], Advisory opinion requested by the French Court of Cassation
Amendment 127 #
2022/0402(CNS)
Proposal for a regulation
Recital 56
Recital 56
(56) Considerations of public interest should allow courts and other competent authorities establishing parenthood in the Member States to disregard, in exceptional circumstances, certain provisions of a foreign law where, in a given case, applying such provisions would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, tThe courts or other competent authorities should not be able to apply the public policy exception in order to set aside the law of another State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination.
Amendment 152 #
2022/0402(CNS)
Proposal for a regulation
Recital 75
Recital 75
(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise or, as the case may be, accept a court decision or authentic instrument on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, tThe courts or other competent authorities should not be able to refuse to recognise or, as the case may be, accept a court decision or an authentic instrument issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination.
Amendment 209 #
2022/0402(CNS)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
This Regulation shall not affect the competence of the authorities of the Member States to deal with parenthood matters in solely domestic cases.
Amendment 246 #
2022/0402(CNS)
Proposal for a regulation
Article 22
Article 22
Amendment 272 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 1 – point a
Article 31 – paragraph 1 – point a
Amendment 278 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 1 – point c
Article 31 – paragraph 1 – point c
(c) upon application by any person claiming that the court decision infringes his fatherhood or her motherhood over the childtheir parenthood over the child and if the decision if it was given without such person having been given an opportunity to be heard and to present evidence;
Amendment 286 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Point (a) of paragraph 1This Article shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination.
Amendment 289 #
2022/0402(CNS)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. AnOnly partyies entitled under national law may challenge or appeal against a court decision on the application for refusal of recognition.
Amendment 301 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
Amendment 306 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
(b) upon application by any person claiming that the authentic instrument infringes his fatherhood or her mothertheir parenthood over the child, if the authentic instrument was formally drawn up or registered without that person having been involved;
Amendment 311 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Point (a) of paragraph 1This Article shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination.
Amendment 316 #
2022/0402(CNS)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
The jurisdiction of the court of the Member State of origin establishing parenthood may not be reviewed. The test of public policy referred to in point (a) of Article 31(1) may not be applied to the rules relating to jurisdiction set out in Articles 6 to 9.
Amendment 323 #
2022/0402(CNS)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. An authentic instrument which has no binding legal effect in the Member State of origin shall have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects, provided that this is not manifestly contrary to public policy (ordre public) in the Member State where it is presented.
Amendment 327 #
2022/0402(CNS)
2. The public policy (ordre public) referred to in paragraph 1is Article shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination.
Amendment 379 #
2022/0402(CNS)
Proposal for a regulation
Article 69 – paragraph 3 – subparagraph 1
Article 69 – paragraph 3 – subparagraph 1
Notwithstanding paragraph 1, Member States shall accept an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State, provided that this is not manifestly contrary to the public policy (ordre public) of the Member State in which acceptance is sought.
Amendment 385 #
2022/0402(CNS)
Proposal for a regulation
Article 70 – paragraph 2 – point -a (new)
Article 70 – paragraph 2 – point -a (new)
(-a) the number of requests for the recognition of parenthood submitted pursuant to this Regulation
Amendment 389 #
2022/0402(CNS)
Proposal for a regulation
Article 70 a (new)
Article 70 a (new)
Article70a Guidelines 1. After the entry into force of this Regulation and before the date from which it shall apply, as indicated in Article 72 of this Regulation, the Commission shall publish guidelines to national authorities on how to apply and enforce this Regulation. 2. The Commission shall update every two years thereafter the guidelines taking into account, inter alia, the experience that has been gained in the application and enforcement of this Regulation and any relevant case law of the Court of Justice.
Amendment 329 #
2022/0155(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Given the severity of these crimes and the long-lasting negative consequences on the victims and the risk of revictimization as a result of the dissemination of known material, new material, as well as activities constituting the solicitation of children, it is essential that this Regulation provides specific obligations for providers of hosting services and providers of interpersonal communication services to prevent, detect, report, remove child sexual abuse material in all their services, including interpersonal communication services, which may also be covered by end-to-end encryption, in light of the prevalence of dissemination of child sexual abuse material, including the solicitation of children, in interpersonal communication services.
Amendment 385 #
2022/0155(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The measures taken by providers of hosting services and providers of publicly available interpersonal communications services to execute detection orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, this Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulation. That includes the use of end-to-end encryption technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. Nothing in this Regulation should therefore be interpreted as prohibiting end-to-end encryption or making it impossible. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or their employees for purposes other than compliance with this Regulation, nor by third parties, and thus to avoid undermining the security and confidentiality of the communications of users, while ensuring the effective detection of online child sexual abuse and the balance of all the fundamental rights at stake.
Amendment 401 #
2022/0155(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) To the extent strictly necessary and proportionate to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, it should be possible for the Coordinating Authority of establishment to authorise providers to process metadata.
Amendment 574 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) "adult" means any natural person above the age of 18 years;
Amendment 583 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j a (new)
Article 2 – paragraph 1 – point j a (new)
(ja) "adult user" means a natural person who uses a relevant information society service and who is a natural person above the age of 18 years;
Amendment 694 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. When providers of hosting services and providers of interpersonal communication services put forward age assurance or age verification system as a mitigation measure, they shell meet the following criteria: a) Protect the privacy of users and do not disclose data gathered for the purposes of age assurance for any other purpose; b) Do not collect data that is not necessary for the purpose of age assurance; c) Be proportionate to the risks associated to the product or service that presents a risk of misuse for child sexual abuse; d) Provide appropriate remedies and redress mechanisms for users whose age is wrongly identified.
Amendment 742 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) Designing educational and awarness-raising campaigns aimed at informing and alerting users about the risks of online child sexual abuse, including child-appropriate information;
Amendment 769 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) processing metadata, in accordance with Article 4a
Amendment 776 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Providers of hosting services and providers of interpersonal communications services shall continue the voluntary use of specific technologies, as mitigation measures, for the processing of personal and other data to the extent strictly necessary to detect, report and remove online sexual abuse on their services and to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, including for the purpose of the solicitation of children, pursuant to the risk assessment conducted or updated in accordance with Article 3 and prior authorization from the Coordinating Authority;
Amendment 780 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. The Coordinating Authority shall decide whether to proceed according to paragraph 1a no later than three months from the provider´s request.
Amendment 805 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary age verification and age assessment measures to reliably identify childdifferenciate between child and adult users on their services, enabling them to take the mitigation measures. Age assurances or age verification systems as mitigation measures shall be implemented only if they meet the criteria set in Article 3, paragraph 2a of this Regulation.
Amendment 826 #
2022/0155(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article4a Legal basis for the risk mitigation through metadata processing 1. On the basis of the risk assessment submitted and, where applicable, further information, the Coordinating Authority of establishment shall have the power to authorise or require a provider of hosting services or a provider of interpersonal communications services to process metadata to the extent strictly necessary and proportionate to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, as a mitigation measure in accordance with Article 4. When assessing whether to request the processing of metadata, the Coordinating Authority shall take into account any interference with the rights to privacy and data protection of the users of the service that such a processing entails and determine whether, in that case, the processing of metadata would be effective in mitigating the risk of use of the service for the purpose of child sexual abuse, and that it is strictly necessary and proportionate. 2. If they process metadata as a risk mitigation measure, providers shall inform their users of such processing in their terms and conditions, including information on the possibility to submit complaints to the competent DPA concerning the relevant processing, in accordance with Regulation (EU) 2016/679, and on the avenues for judicial redress.
Amendment 925 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – introductory part
Article 7 – paragraph 3 – subparagraph 2 – introductory part
Where, having regard to the comments of the provider and the opinion of the EU Centre, and in particular taking into account the assessment of the EU Centre´s Technical Committee as referred to in Article 66(6)(a NEW), that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall re-submit the draft request, adjusted where appropriate, to the provider. In that case, the provider shall do all of the following, within a reasonable time period set by that Coordinating Authority:
Amendment 928 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point a
Article 7 – paragraph 3 – subparagraph 2 – point a
(a) draft an implementation plan setting out the measures it envisages taking to execute the intended detection order, including detailed information regarding the envisaged technologies and safeguards; the implementation plan shall explicitly set out the specific measures that the provider intends to take to counter act potential security risk that might be linked to the execution of the detection order on its services. The provider may consult the EU Centre, and in particular its Technology Committee, to obtain support in identifying appropriate measures in this respect;
Amendment 1025 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2
Article 7 – paragraph 8 – subparagraph 2
To that aim, they shall take into account all relevant parameters, including: (i) the availability of sufficiently reliable detection technologies in that they can be deployed without undermining the security of the service in question and they limit to the maximum extent possible the rate of errors regarding the detection and; (ii) their suitability and effectiveness of the available technologies for achieving the objectives of this Regulation, as well as; (iii) the impact of the measures on the rights of the users affected, and require the taking ofthereby ensuring that detection orders are only requested and issued when sufficiently reliable technologies in accordance with point (i) are available and that the least intrusive measures are chosen, in accordance with Article 10, from among several equally effective measures.
Amendment 1031 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 – point a
Article 7 – paragraph 8 – subparagraph 3 – point a
(a) where the information gathered in the risk assessment process indicates that risk is limited to an identifiable part or component of a service, where possible without prejudice to the effectiveness of the measure, the required measures are only applied in respect of that part or component;
Amendment 1049 #
2022/0155(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article7a Safeguards on encrypted services For the scope of this Regulation and for the the sole purpose to prevent and combat child sexual abuse, providers of interpersonal communications services shall be subjected to obligations to prevent, detect, report and remove online child sexual abuse on all their services, which may include as well those covered by end-to-end encyption, when there is a significant risk that their specific service is misused for online child sexual abuse, including for the purpose of the solicitation of children, pursuant to the risk assessment established in Article 3 of this Regulation. The technologies deployed to execute the detection order pursuant to Article 7 of this Regulation shall never prohibit encryption or make it impossible and shall only be deployed after a prior authorization by the Coordinating Authority, in consultation with the competent data protection authority, and be subjected to constant monitoring and auditing by the competent data protection authority to verify their compliance with Union law.
Amendment 1136 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the detection order and, where needed, of adopting the security measures imposed by Article 7(3)(a). The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies.
Amendment 1161 #
2022/0155(COD)
(da) not able to prohibit or make end- to-end encryption impossible.
Amendment 1594 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 a (new)
Article 43 – paragraph 1 – point 6 a (new)
(6a) support Member States in designing preventive measures, such as awarness-raising campaigns to combat child sexual abuse, with a specific focus on girls and other prevalent demographics, including by: a) acting on behalf of victims in liaising with other relevant authorities of the Member States for reparations and all other victim support programmes; b) referring victims to the appropriate child protection services, and to pro bono legal support services.
Amendment 1618 #
2022/0155(COD)
Proposal for a regulation
Article 44 – paragraph 4 a (new)
Article 44 – paragraph 4 a (new)
4a. The EU Centre shall ensure through all technical means available that the database of indicators is secure and cannot be alterated by providers, users and any other actor at the moment of its deployment for the purpose of detection.
Amendment 1697 #
2022/0155(COD)
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
Article 50 – paragraph 1 – subparagraph 1
The EU Centre shall make available: (i) technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1). (ii) technologies that providers of end-to- end encrypted electronic communication services may acquire, install and operate, free of charge, where relevant subject to reasonable licencing conditions, to adopt the security measures imposed on them by Article 7(3)(a).
Amendment 8 #
2022/0135(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) according to Regulation (EU) 2018/1806, the Commission should monitor and report regularly to the European Parliament regarding the human rights situation in the third countries beneficiary of the visa waiver and should suspend the visa exemption in case of violations in the country concerned; such provision should apply also to the third countries whose nationals are already exempted from the visa requirement;
Amendment 14 #
2022/0135(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) according to the International Labour Organisation (ILO) and the International trade Union Confederation (ITUC) Qatar is the first country in the region to adopt a non-discriminatory minimum wage and other Gulf countries should follow Qatar’s lead in regularising their labour systems, including the freedom of movement of workers and the dismantling of the kafala; * Annual progress report on the technical cooperation programme agreed between the Governement of Qatar and the ILO - 7th October 2019
Amendment 38 #
2022/0135(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) Ecuador has made substantial progress in preparing for the visa- free status, notably with the introduction of the biometric passport and the Regulation to the Organic Law on Human Mobility.
Amendment 39 #
2022/0135(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
Amendment 42 #
2022/0135(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) in point 1 of Annex I, (“STATES”) the references to Kuwait and Qata, Qatar and Ecuador are deleted.
Amendment 48 #
2022/0135(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b – point ii a (new)
Article 1 – paragraph 1 – point b – point ii a (new)
Regulation (EU) 2018/1806
Annex II – point 1
Annex II – point 1
(ii a) between the references to … and to …., the following reference is insered: “Ecuador (*)” (*) The exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union
Amendment 38 #
2021/2189(INI)
Motion for a resolution
Recital E
Recital E
E. whereas one in four of every seafood product consumed in Europe comes from aquaculture, and considering that 70 % of seafood consumption comes from imports, only 10 % of EU seafood consumption comes from EU aquaculture and accounts for less than 2% of world production;
Amendment 39 #
2021/2189(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas almost 70% of aquaculture production in the EU is concentrated in four Member States (Spain, France, Italy and Greece), with a vast majority of production for mussels, trout, seabream, oysters, seabass, carp and clams, it is still a lot of potential for further growth and diversification in terms of producing countries and species farmed;
Amendment 52 #
2021/2189(INI)
Motion for a resolution
Recital K
Recital K
K. whereas aquaculture is especially sensitive to extreme weather events in riverbeds and coastal areas, including droughts, floods, storms and waves, which cause severe damage to aquaculture infrastructures and the species cultivated;
Amendment 92 #
2021/2189(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that EU aquaculture meets high standards in terms of product quality and animal health, but there is still margin for improvement in terms of diversification, competitiveness and environmental performance. Low-impact aquaculture (such as low-trophic, multitrophic and organic aquaculture), and environmental services from aquaculture can, if further developed, greatly contribute to the European Green Deal, to the farm-to-fork strategy and to a sustainable blue economy1a _________________ 1a Transforming the EU's Blue Economy for a Sustainable Future (2021) - https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:52 021DC0240&from=EN
Amendment 98 #
2021/2189(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 119 #
2021/2189(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the aquaculture sector capable of providing a consistent contribution to ecosystem services for society, and pond aquaculture1a, algae and shellfish farming especially can contribute to decarbonising the EU economy and mitigating climate change; supports the proposed actions on climate change but highlights the need for a common methodology to measure the carbon footprint of individual aquaculture farms and requests an impact assessment for all the proposed measures; _________________ 1a https://aac- europe.org/en/recommendations/position- papers/322-aac-recommendation-on- ecosystem-services
Amendment 141 #
2021/2189(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the Commission’s intention to support green business models, such as those based on carbon sequestration, in order to make supply chains more sustainable; stresses, in this regard, that certain aquaculture practices, such as mussel or oyster farming and pond polyculture2a, can be successful models for the future, in the context of the Emissions Trading System; calls on the Commission and the Member States to support this type of green business in the light of the strategy’s objectives; _________________ 2a https://www.globalseafood.org/advocate/a quaculture-ponds-hold-carbon/
Amendment 190 #
2021/2189(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Urges the European Commission to promote programmes of the EU Agricultural Promotion policy in which aquaculture products can be promoted specifically and alone; stresses the importance of making use of the current review of the EU Agricultural Promotion policy to better position the promotion of sustainable aquaculture products and encourages the European Commission to use the EU Agricultural Promotion policy to support sectors and operators that inherently contribute to, or lead the transition to, achieving the objectives of the Green Deal;
Amendment 196 #
2021/2189(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Underlines that knowledge and innovation (including the use of digital technology) are key to achieve the other objectives set for the EU aquaculture sector and Horizon Europe, the EU framework programme for research and innovation, offers an important opportunity to make a step forward in this area;
Amendment 199 #
2021/2189(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Takes note that an innovative aquaculture sector also demands the development of appropriate skills achieved through the promotion of specialised curricula and knowledge on aquaculture (e.g. specialised veterinary studies for fish and training on fish health for aquaculture operators), as well as life- long training for farmers on innovative approaches for the aquaculture sector;
Amendment 220 #
2021/2189(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission and the Member States to establish permanent measures to effectively regulate the number of cormorants and reduce their economic and social impact on aquaculture; considers that only some of Parliament’s demands have been fulfilled through the actions of the Commission, such as the guidance document for applying derogations under Article 9(1) of the Birds Directive, the CorMan Project and the EU Cormorant Platform; calls on the Commission to include the great cormorant (Phalacrocorax carbo sinensis) in Annex II, Part A of the Birds Directive, which consists of a list of species that may be hunted under national legislation;
Amendment 237 #
2021/2189(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Urges the Commission to consider re-authorising the use of 30 % of the daily ration of fishmeal and fish oil from non- organic aquaculture trimmings, or trimmings of fish caught for human consumption that come from sustainable EU fishery products, for a transitional period of five years for all newcomers in the organic aquaculture sector, given its positive impact on the circular economy and as a necessary support measure in view of the lack of organic feed; calls on the Commission to consider also the species (which could not naturally spawn in Europe) for which induced reproduction is performed using pituitary extracts, species which are used in polyculture practices in order to use other trophic niches of the culture environment thus contributing to carbon sequestration, mitigating eutrophication, increasing overall ponds productivity and reducing the nutrient load of fish farming;
Amendment 19 #
2021/2188(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
Amendment 20 #
2021/2188(INI)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
— having regard to the Food and Agriculture Organization of the United Nations’ report titled ‘State of the World Fisheries and Aquaculture 2020: Sustainability in Action’1a, _________________ 1a https://www.fao.org/3/ca9229en/ca9229en .pdf
Amendment 35 #
2021/2188(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the ocean is crucial for life on Earth, producing 50% of the oxygen in the atmosphere, absorbing about 25% of human-produced carbon dioxide emissions and 90% of excess heat in the climate system, and regulating the global climate1a; _________________ 1a https://ec.europa.eu/oceans-and- fisheries/news/cop-26-eu-ocean-day- highlights-role-oceans-tackling-climate- change-2021-10-29_en
Amendment 41 #
2021/2188(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the collection of data for scientific monitoring and assessment of stocks in the seas and oceans, taking into account that these stocks are within the safe biological limits, is fundamental to their sustainable management of those stocks;
Amendment 44 #
2021/2188(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the recreational fisheries sector can contribute to the diversification of the coastal communities’ income, as a high-value and sustainable touristic activity;
Amendment 45 #
2021/2188(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the pandemic situation has demonstrated the importance of a resilient environment, supported by sustainable practices in the management of its resources, for the global health and for the future of food systems;
Amendment 52 #
2021/2188(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas fishers play a very important role in the collection of abandoned marine litter in the sea, whether by carrying out targeted campaigns or by collecting litter accidentally during fishing operations;
Amendment 62 #
2021/2188(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Amendment 64 #
2021/2188(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas EU fisheries imports are directly linked to sustainable global fisheries, especially in developing countries, and also to EU jobs in the import, processing and retail sectors;
Amendment 86 #
2021/2188(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas the management of ecosystems requires a holist approach that takes into account all the causes of biodiversity loss, such as climate change, ocean acidification, appearance of alien species, coastal erosion, etc.;
Amendment 93 #
2021/2188(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas the implementation by Member States of a EU fisheries control regime that is simple, transparent and effective is essential to ensure the sector's sustainability targets;
Amendment 94 #
2021/2188(INI)
Motion for a resolution
Recital N b (new)
Recital N b (new)
Nb. whereas illegal fishing is a major threat to marine resources, depleting fish stocks, destroying marine habitats, creating unfair competition and puts the livelihoods of coastal communities and islands fisheries at risk;
Amendment 97 #
2021/2188(INI)
Motion for a resolution
Recital N c (new)
Recital N c (new)
Nc. whereas the ORs are authentic natural laboratories, rich in biodiversity, and are authentic natural sanctuaries that need urgent protection, especially because of their mostly archipelagic nature and with significant coastal areas;
Amendment 107 #
2021/2188(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights the fact that the blue economy sector overall plays a crucial role, in the ORs in particular, and can contribute to attenuating the climate changes, promoting nature-based solutions and improving the use of maritime and aquatic resources;
Amendment 108 #
2021/2188(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges the Commission and the Member States to put in place new projects and new instruments for all blue economy stakeholders to base their activities on the responsible use of natural resources, decarbonisation and circular economy concepts;
Amendment 140 #
2021/2188(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the role of regional sea conventions and regional fisheries management organisations in strengthening governance based on the best available scientific knowledge and easily accessible to all operators;
Amendment 146 #
2021/2188(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the sustainable management of resources based on the best available scientific knowledge and best socio-economic impact assessment must be a key priority in order to attain the goals on the EU strategic agenda and must also be included in bilateral partnership arrangements;
Amendment 160 #
2021/2188(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
Amendment 167 #
2021/2188(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the Commission and the Member States to take the necessary measures to improve the collection of data on recreational fishing dataeries, including in fresh inland and brackish waters, bearing in mind the environmental impact and socio- economic value of this activity, in order to ensure fair and balanced management of the fisheries sector;
Amendment 180 #
2021/2188(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission and the Member States to take specific actions to boost investment in the fisheries and aquaculture sectors under the new European Maritime, Fisheries and Aquaculture Fund (EMFAF), together with other EU programmes such as the Recovery and Resilience Mechanism, to ensure that coastal, remote and overseas communities can diversify their income;
Amendment 182 #
2021/2188(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Believes that the CFP should include a social conditionality, similar to the one created within the new Common Agriculture Policy, that may preview sanctions to fisheries ship-owners, aquaculture producers and other EMFAF beneficiaries, if they do not ensure adequate working conditions for all their workers, seasonal and migrant workers included; highlights that this social conditionality is fundamental for the protection of the labour dignity and social rights of fishery and aquaculture workers, contributing to the achievement of social justice for all;
Amendment 213 #
2021/2188(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Taking into account the serious socio-economic impact of the rules to measure fishing capacity, calls the Commission, together with the sector and the European Parliament, to have an in- depth discussion on the topic of the impact of those rules in the fisheries and fishers life, while maintaining at the same time, a strict control on fishing capacity;
Amendment 215 #
2021/2188(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Recalls that the fishing fleets of the ORs are, in certain cases, very degraded and constitute a danger for fishers’ security and for the environment; in this context, considers necessary to find solutions to improve safety and working conditions for fishers, to reduce CO2 emissions, and to improve rage and conservation conditions of the captures: highlights the need to grant the continuity of providing healthy high quality proteins, in complete safety and security with less environmental impact and not increasing the capacity to catch fish;
Amendment 225 #
2021/2188(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Highlights that invasive species and marine litter have a great environmental and socioeconomic impact; considers that the Marine Strategy Framework Directive should be applied to all activities of the blue economy;
Amendment 229 #
2021/2188(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that the aquaculture sector should limit fish stocking densities as a way of reducing diseases and their spread, diminishing the need for antibiotics and lowering pollution levelsnd commit to actively apply evidence- based interventions to improve fish welfare, including but not limited to, enriching their environment, maintaining water quality within welfare-relevant limits, etc., as a way of reducing diseases and their spread, diminishing the need for antibiotics and lowering pollution levels; in this context, highlights that the aquaculture sector should continue to improve farming methods based on the best scientific knowledge available, in order to achieve better environmental results, resilience against climate change and optimisation of resource use;
Amendment 245 #
2021/2188(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that sustainable food from the oceans, seas and freshwater sources must be produced by responsible fishing and sustainable aquaculture alone; and that all fisheries and aquaculture products consumed in the EU come from sustainable food systems;
Amendment 275 #
2021/2188(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Highlights the role of the Technical Measures Regulation, which sets out the conservation measures governing on how, where and when fishing may take place, to protect sensitive species and habitats at both the national and regional levels, increasing the fishing yield, while reducing impacts on marine ecosystems, especially through increased selectivity
Amendment 280 #
2021/2188(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Recalls the importance of Ocean Literacy to alert society and to encourage all citizens and stakeholders to assume informed and responsible attitudes about the Ocean and its resources;
Amendment 282 #
2021/2188(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Believes that the gross tonnage limitation, as a criterion to measure the fishing capacity, needs to be adapted to reflect the reality of the sector and to the necessity of implementation of more modern, less polluting, and more energy efficient engines; in this context, urges the Commission to review these criteria with the goal of improving safety, working and living conditions as well as allowing the necessary changes that would improve environmental sustainability, attract more young workers to the sector, secure less environmental impact and assure that the capacity to catch fish does not increase;
Amendment 287 #
2021/2188(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Highlights the role of local and regional authorities as responsible for helping to identify and designate, along with Member States, additional Marine Protected Areas;
Amendment 4 #
2021/2180(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the judgments of the CJEU on 16 February 2022 in cases C-156/21 Hungary v Parliament and Council and C-157/21 Poland v Parliament and Council on the measures for the protection of the Union budget,
Amendment 22 #
2021/2180(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
— having regard to its resolution of 13 November 2020 on the impact of COVID-19 measures on democracy, the rule of law and fundamental rights,
Amendment 89 #
2021/2180(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, in certain Member States, journalists are increasingly subject to threats and attacks, in particular when investigating crime and corruption; whereas independence of media from political interference continues to be under threat in several Member States, including through the use of spyware tools by certain Member States to target journalists, opposition politicians and activists; whereas these unacceptable developments may have a chilling effect on the freedom of speech and freedom of the press and may not be allowed to set precedent both within the EU and towards EU candidate and potential candidate countries;
Amendment 139 #
2021/2180(INI)
Motion for a resolution
Paragraph 3
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 should be devoted to the Commission’s country visits, including on site; takes note of the country-specific discussions under the framework of the Commission’s annual rule of law report during each Council Presidency; suggests to focus these discussions on the Member States with the most pressing rule of law issues to be discussed in the first place, instead of in alphabetical order; emphasises that increased transparency would enhance the rule of law dialogue within the EU and therefore invites the Council to make these country-specific discussions public, including detailed public conclusions;
Amendment 191 #
2021/2180(INI)
Motion for a resolution
Paragraph 7
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; stresses that internal rule of law deficiencies may have a detrimental effect on the credibility of the EU’s foreign policy, in particular towards its immediate neighbourhood and candidates and potential candidates for EU membership;
Amendment 196 #
2021/2180(INI)
8. Commends the effort of the 2021 report to compare the situation with that of the 2020 report; believes that it is necessary to identify clearly positive and negative trends as regards the rule of law situation and provide an analysis of the underlying reasons for that; invites the Commission to include an assessment of all rule of law measures implemented in the previous year, accompanied by an analysis of their effectiveness and possible avenues for improvement;
Amendment 200 #
2021/2180(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the 2021 report could have provided clearer assessments, stating whether there were deficiencies, a risk of a serious breach or an actual breach of Article 2 TEU values in each of the pillars analysed in the country chapters; calls for a more integrated analysis on the interlinkages between the four pillars and of how combined deficiencies may amount to breaches or risks of a breach; emphasises that the annual Commission report should not merely be a description of previous events, but instead an analytical and prescriptive instrument in order to fulfil its preventive and mitigative purposes;
Amendment 207 #
2021/2180(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Commission’s intention to include country-specific recommendations in the 2022 report; calls on the Commission to accompany such recommendations with binding deadlines for implementation, targets and concrete actions to be taken; calls on the Commission to include in subsequent reports indications on the implementation of its recommendations; and, in addition, to submit a mid-year evaluation report on the progress made in this regard to the Parliament;
Amendment 218 #
2021/2180(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends that the Commission indicate next to each of its recommendations the appropriate tools for the EU institutions to use if the shortcomings are not remedied; calls on the Commission not to hesitate in using those tools, especially when there is no trust in a quick implementation of the recommendations or a risk of further deterioration;
Amendment 226 #
2021/2180(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets the fact that both the 2020 and the 2021 reports fails to fully encompass the Article 2 TEU values of democracy and fundamental rights, which are immediately affected when countries start backsliding on the rule of law; reiterates the intrinsic link between the rule of law, democracy and fundamental rights;
Amendment 228 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Reaffirms the fact that EU law has primacy over national law, regardless of the way in which national justice systems are organised; deplores the serious and structural problems regarding judicial independence in certain Member States; invites the Commission to include strong binding recommendations in its 2022 report in order to ensure the independence of the judiciary in any EU Member State;
Amendment 232 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Recalls that media freedom and plurality are essential to democracy; is alarmed by the increasingly hostile environment in which media are operating inside many EU Member States, characterised by a high amount of violent incidents and threats against journalists, oppressive strategies by EU governments such as the use of strategic lawsuits against public participation (SLAPPs) and smear campaigns, and increasing state control over public media; stresses that the COVID-19 pandemic has further exacerbated challenges already faced by media operators; regrets that the 2021 report does not reflect the gravity of these trends, especially related to state control, strategic lawsuits and smear campaigns by certain EU Member States; urges the Commission to improve the media related chapters in this regard, to introduce EU legislation against the use of SLAPPs establishing minimum standards and to present an ambitious legal framework to counter the growing politicisation of the media in certain Member States in the upcoming Media Freedom Act; calls on the Commission to explore possibilities for additional and more flexible funding for independent, investigative journalism in the EU;
Amendment 235 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Stresses that media freedom is closely related to artistic and academic freedom; underlines that the independence of education systems is under threat when the autonomous organisational structure of its institutions is not secured; calls, therefore, on the Commission to include all aspects of freedom of expression in its rule of law report;
Amendment 236 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Welcomes the fact that many EU Member States are among the world’s best performers in the fight against corruption according to the 2020 Corruption Perception Index, as mentioned by the Commission report; is, however, deeply worried by the fact that there is significant difference among the individual Member States with the best performing ones placed at first place and the worst performing ones ranked at 78th place; regrets the strong deterioration observed in some other Member States and the continued emergence of corruption cases involving high level officials; reiterates that the existence of national anti-corruption strategies can only be considered successful once their implementation has been effectively carried out; recalls the need to establish a regulatory framework that allows for a definition of the crime of corruption that is uniform and shared at European level; urges the Commission to update and enhance the EU anticorruption policy and instruments and ensure the proper implementation and enforcement, in order to provide for commons standards and benchmarks as a precondition for strengthening the mutual trust and sincere cooperation; reminds the importance for EU Member States to engage with EPPO and support actively its tasks;
Amendment 237 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12e. Underlines that fair and free elections are among the absolute minimum standards for a functioning democracy and that every election process in the EU should be without any irregularities; urges the Commission to take all measures necessary once the risk of manipulation of elections in an EU Member State is identified; stresses that in case of the observation by the OSCE that elections have not taken place in a fair and free manner, strong consequences must be attached to this under the Article 7 Procedure;
Amendment 252 #
2021/2180(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Expresses particular concern about continued and systematic attacks on the fundamental rights of LGBTI+ persons, reinforced by the deterioration of the rule of law in several EU Member States; regrets that this development is not consistently reflected in the Commission’s rule of law report; calls on the Commission to systematically address this issue in all relevant country reports and the synthesis report;
Amendment 255 #
2021/2180(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Recalls the strong impact of measures related to the COVID-19 pandemic on the EU’s rule of law environment and fundamental rights, in particular in the area of justice, corruption and media freedom; stresses that monitoring of the use and proportionality of these measures should be continued until all measures are lifted without any exceptions; notes in this regard the risk of misuse of funds out of the EU Recovery and Resilience Facility; reiterates that these funds can only be distributed once these concerns have been fully addressed;
Amendment 264 #
2021/2180(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to strengthen the regular, inclusive and structured dialogue with governments and national parliaments, NGOs, national human rights institutions, ombudspersons, equality bodies, professional associations and other stakeholders; calls on the Commission to organise the consultation of stakeholders through a transparent process, based on clear criteria; considers that civil society organisations should be closely involved in all phases of the review cycle; highlights that thematically structured consultations would make the process more efficient and increase the amount of valuable feedback; stresses that the consultation questionnaire should allow stakeholders to report aspects beyond the scope envisaged by the Commission;
Amendment 274 #
2021/2180(INI)
Motion for a resolution
Paragraph 15
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; invites the Commission to introduce the opportunity of year-round consultation for civil society instead of focusing mainly on time-limited calls for input; 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;
Amendment 307 #
2021/2180(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Strongly condemns EU Member States refusing to engage in the annual Rule of Law dialogue; considers this refusal to be enough for the Commission to accelerate and refine further the situation in these countries concerned;
Amendment 321 #
2021/2180(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls its position regarding the involvement of a panel of independent experts to advise the three institutions, in close cooperation with the FRA; asks its Bureau, in light of the reluctancecalls ofn the Commission and the Council, to organise a public procurement procedure in order to create such a panel under the auspices of Parliament as a first step, in order to advise Parliament on compliance with Article 2 TEU values in different Member Statesto add their input as an annex to the report and include a justification of how these inputs were included in the annual report;
Amendment 334 #
2021/2180(INI)
Motion for a resolution
Paragraph 22
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 Commission to explicitly link these instruments to identified or possible rule of law issues in the report; calls on the institutions to activate such tools without delay;
Amendment 356 #
2021/2180(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the importance of the Rule of Law Conditionality Regulation where breaches of the principles of the rule of law affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union; considers that the annual report is the most appropriate place to have a dedicated section and conduct a relevant analysis; urges the Commission to launch the procedure enshrined in Article 6(1) of that regulation at least in the cases of Poland and Hungary; recalls that the applicability, purpose and scope of the Regulation are clearly defined and do not need to be supported by further explanations; condemns the Commission’s intention to still draft guidelines even after the CJEU ruling confirming the legality and validity of the Regulation; calls on the Commission to explore the full potential of the Common Provisions Regulation and the Financial Regulation to protect the rule law;
Amendment 370 #
2021/2180(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Strongly regrets the inability of the Council to make meaningful progress in ongoing Article 7(1) TEU procedures; urges the Council to ensure that hearings take place on a regular basisat minimum once per Presidency and also address new developments; reiterates its call on the Council affecting rule of law, democracy and fundamental rights; emphasises that there is no need for unanimity in the Council in order to identify a clear risk of a serious breach of EU values under Art. 7(1), neither to address concrete recommendations to the Member States in question, and to provide deadlines for the implementation of those recommendations; reiterates its call on the Council to do so; insists that Parliament’s role and competences be respected;
Amendment 5 #
2021/2168(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Position of the European Parliament adopted at first reading on 28 April 2021 with a view to the adoption of Regulation (EU) 2021/… of the European Parliament and of the Council establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending Regulations (EC) No 1936/2001, (EU) 2017/2107 and (EU) 2019/833 and repealing Regulation (EU) 2016/16271a _________________ 1a (EP-PE_TC1-COD(2019)0272)
Amendment 9 #
2021/2168(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to the judgement number 1801790 given on July 15th, 2021 by the fourth chamber of the Administrative Court of Montpellier
Amendment 18 #
2021/2168(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas objective 14.b of the United Nations Sustainable Development Goals calls for providing “access of small- scale artisanal fishers to marine resources and markets”;
Amendment 38 #
2021/2168(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the STECF assessment of the social dimension of the CFP found that in 2020 only 16 out of 23 coastal Member States replied to the Commission’s request to inform it of the allocation method used; whereas according to STECF, several of those responses were of limited use as they contained only broad descriptions of the national fishing fleet or simply emphasised the intent of their allocations without outlining the ‘transparent and objective criteria’;
Amendment 40 #
2021/2168(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. Whereas according to STECF the Commission’s 2020 request to Member States to provide information on their allocation system included a question on impact assessment and only two Member States (Sweden and Denmark) reported conducting such an assessment;
Amendment 44 #
2021/2168(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. Whereas according to STECF Ireland is the only member state that is reported to cite Article 17 of Regulation (EU) No 1380/2013 in its management rules and descriptions;
Amendment 63 #
2021/2168(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. Whereas very often the management of fishing opportunities is bureaucratic and distant from fishers and the stakeholders involved in the sector; whereas regulations are often complex and opaque and in many cases, policy consultations are not accessible to most fishers;
Amendment 66 #
2021/2168(INI)
Motion for a resolution
Recital P
Recital P
P. whereas some stocks are mainly targeted by differentparticular fleet types, but many others are targeted by both small-scale and large-scale fleets;
Amendment 73 #
2021/2168(INI)
Motion for a resolution
Recital R a (new)
Recital R a (new)
Ra. whereas on November 10th, 2020 the European Parliament, the Council and the European Commission have reached an agreement on the Regulation establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending Regulations (EC) No 1936/2001, (EU) 2017/2107 and (EU) 2019/833 and repealing Regulation (EU) 2016/1627; Whereas such agreement was then voted down by the Council contradicting a decision already agreed with the other two institutions;
Amendment 75 #
2021/2168(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that fish stocks are a natural common goods thatpublic resource and so too are shares or rights to harvest them; Stresses in this regard that they should not be considered commodities and should be managed in a way that guarantees the highest long-term benefits for society and minimises the impact on ecosystems; Stresses also, in this regard, that no actor should be granted an indefinite, exclusive right to fish stocks that are owned commonly;
Amendment 81 #
2021/2168(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that in fisheries under quota management the problem of choke species has the potential to shut down fishing operations before the end of the season with potentially significant economic implications for fishers; underlines in this regards that a good quota system should include a fair degree of flexibility as it would allow fishers who need an extra quotas for a choke species and fishers who have available quotas to arrive at a mutually beneficial outcome;
Amendment 86 #
2021/2168(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the fact that the Member States are not transparent and are not making public what criteria they apply when distributing fishing opportunities; recalls that an objective allocation methods entails the clear and unambiguous description of well-defined allocation criteria including a clear description of the relative weightings of criteria or the conditions for their use in case of multiple criteria for allocation;
Amendment 94 #
2021/2168(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises that transparent allocation criteria provides stability and legal certainty for operators; stresses therefore that information on the functioning of the system of fishing opportunities, including the method of allocation, should be easily accessible and capable of being understood by the general public so as to facilitate a consistent, rule-based allocation method that allows fora better scrutiny, less influence by particular interests and a more predictability for fishers;
Amendment 98 #
2021/2168(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls onUnderlines that quota shares represent the entitlement to a public resource; calls on in this regard the Member States to make their respective methods of distributing fishing opportunities and the final quota allocation of each producer organisation and each vessel publicly available through the establishment of a compulsory public register at the national level, in line with the applicable data protection legislation;
Amendment 103 #
2021/2168(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that the Commission, in its capacity of guardian of the treaties, has the obligation to guarantee the full respect of the prescriptions enshrined in Article 17 of Regulation (EU) 1380/2013; In this regard, calls on the Commission to ensure the correct application by all the member states of the binding transparency provision of Article 17 with regards to national quota allocation processes through an active and constant monitoring activity and, if necessary, to open an infringement procedure for those Member States that fail to comply with that requirement;
Amendment 106 #
2021/2168(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that producer organisations (POs) play an essential role in distributing fishing opportunities among the different vessels, yet relatively few small-scale fishers belong to POs, and even fewer small-scale fishers have their own dedicated POs limiting therefore their capacity to exploit this channel to access fishing opportunities;
Amendment 111 #
2021/2168(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the allocation methods smust involve all stakehould be developed in consultation withers in an interactive and collaborative manner and should ensure representation from all fleet segments, producers organizations, Cofradias associations, workers organizations, fishing communities and other relevant stakeholders,; considers that allocation methods should be based on the best available scientific advice, and should include notice periods to allow fishers to adapt;
Amendment 116 #
2021/2168(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Member States to design allocation systems in a way so as to guarantee simplicity, avoid obscure bureaucratic practices and, ultimately, allow operators and stakeholders to be able to monitor the allocation criteria and process;
Amendment 119 #
2021/2168(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the Member States have only marginally modified their fishing opportunity allocation methodsin general have not drawn a direct line between Article 17 and their national quota allocation systems; In this regards, notes that there are no recorded instances of member states changing their allocation methods in 2014 when the reformed CFP and Article 17 came into force, suggesting a minor or non-existent impact since the reform of the CFP in 2013;
Amendment 126 #
2021/2168(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that the use of transparent and objective criteria of an environmental, social or economic nature is an obligation for Member States under Article 17 of the CFP;
Amendment 132 #
2021/2168(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that the current allocation methods, exceedingly based on historical rights criteria, allow for a certain level of economic stability in the fishing sector, but, at the same time, contribute to reinforcing trends, such as economic concentration in the fishing sector and the difficulty of, that distort competition, erect barriers at the entrance and renders the sector little attractingve for new young fishers; considers, furthermore, that these methods do not provide incentives to fishers who implement fishing practices with a reduced environmental impact, do not provide fair opportunities to small- scale fishers and threaten their existence; in this regards, calls on Member States to adequately protect small-scale fisheries with substantial ad hoc quotas and guarantee that any future increase in quotas, due to good stock management or a successful recovery plan, is redistributed mainly among this segment of the fleet;
Amendment 161 #
2021/2168(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Member States to incentivise operators, through their allocation processes, to establish and strengthen social dialogue with unions and workers’ organisations as well as to fully apply collective bargaining agreements in order to promote social sustainability and fair working conditions within the fisheries sector;
Amendment 167 #
2021/2168(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Members States, in line with Article 17 of the CFP, to use age criteria when allocatingallocate a fair share of the fishing opportunitiesy available to them, in order to support the entry into the business of young fishers on the basis of experience and age criteria as well as to those who decide to enter the sector for the first time in order to even entry barriers, correct market failures, support the entry into the business of young fishers and ultimately facilitate the much needed generational renewal in the fisheries sector;
Amendment 178 #
2021/2168(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to engage in more proactive work with the Member States to investigate ways to distribute fishing opportunities in line with the recommendations laid down inprovisions of Article 17 of the CFP, and to publish guidelines on the usecorrect implementation of the transparent and objective criteria of a social and environmental criterianature when allocating fishing opportunities;
Amendment 184 #
2021/2168(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses the fact that the translation of the original Article 17 wording “shall use” into other languages may have weakened the legally binding imperative of this element inasmuch as in certain cases it has been translated to be suggestive rather than imperative; Stresses therefore the fact that the adoption of Article 17 into national law, particularly regarding the legally binding terminology, should be reviewed and updated where necessary; calls in this regard the Commission to address this issue within its upcoming report on the functioning of the CFP as well as in a possible future review of the Common Fisheries Policy Regulation;
Amendment 185 #
2021/2168(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission, in its upcoming report on the functioning of the CFP, to analyse the implementation of Article 17 by the Member States and make proposals on how to improve its implementation; in this regard, calls on the Commission to consider the establishment of a legal instrument aimed at introducing the obligation to list publicly the details of the criteria used for allocating quota among the different segment of the fleet and the beneficiaries of the allocations through a national transparency register; Calls on the Commission to also consider the setting up of a permanent mechanism aimed at monitoring the correct implementation of the transparency requirement and the correct balancing of social, economic and environmental obligations listed in Article 17;
Amendment 187 #
2021/2168(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses that the EU is still missing a legislative tool in order to implement the ICCAT decisions taken during its latest sessions; Stresses with deep concern that such a normative void risks to endanger the allocation of important quota for the EU fisheries sector; Urges therefore the Presidency of the Council to come up with an alternative proposals to the agreement already reached between the parties that is able to correspondingly meet the position of the European Parliament;
Amendment 2 #
2021/2056(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to Articles 38 to 44 of the Treaty on the Functioning of the European Union,
Amendment 3 #
2021/2056(INI)
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
— having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy1a _________________ 1a OJ, L 354, p.22, 28 December 2013
Amendment 4 #
2021/2056(INI)
Motion for a resolution
Citation 1 c (new)
Citation 1 c (new)
— having regard to Regulation (EU) 2021/1139 of the European Parliament and of the Council of 7 July 2021 establishing the European Maritime, Fisheries and Aquaculture Fund,1a _________________ 1a OJ, L 247, p.1, 13 July 2021
Amendment 5 #
2021/2056(INI)
Motion for a resolution
Citation 1 d (new)
Citation 1 d (new)
— having regard to Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning,1a _________________ 1a OJ, L 257, p.135, 28 August 2014
Amendment 6 #
2021/2056(INI)
Motion for a resolution
Citation 1 e (new)
Citation 1 e (new)
— having regard to Regulation (EU) No. 1379/2013 of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products,1a _________________ 1a OJ, L 354, p.1, 28 December 2013
Amendment 7 #
2021/2056(INI)
Motion for a resolution
Citation 1 f (new)
Citation 1 f (new)
— having regard to the position adopted by the European Parliament on 11 March 2021 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1224/2009, and amending Council Regulations (EC) No 768/2005, (EC) No 1967/2006, (EC) No 1005/2008, and Regulation (EU) No 2016/1139 of the European Parliament and of the Council as regards fisheries control (COM(2018)0368– C8-0238/2018 – 2018/0193(COD)),
Amendment 8 #
2021/2056(INI)
— having regard to the Opinion of the Committee on Fisheries for the Committee on the Environment, Public Health and Food Safety and the Committee on Agriculture and Rural Development on a Farm to Fork Strategy for a fair, healthy and environmentally friendly food system,1a _________________ 1a (2020/2260(INI))
Amendment 9 #
2021/2056(INI)
Motion for a resolution
Citation 1 h (new)
Citation 1 h (new)
— Having regard the European Parliament resolution of 22 November 2012 on small-scale coastal fishing, artisanal fishing and the reform of the common fisheries policy,1a _________________ 1a (2011/2292(INI))
Amendment 10 #
2021/2056(INI)
Motion for a resolution
Citation 1 i (new)
Citation 1 i (new)
— Having regard the European Parliament resolution of 12 April 2016 on innovation and diversification of small- scale coastal fishing in fisheries- dependent regions,1a _________________ 1a (2015/2090(INI))
Amendment 11 #
2021/2056(INI)
Motion for a resolution
Citation 1 j (new)
Citation 1 j (new)
— Having regard to the European Parliament resolution of 4 July 2017 on the role of fisheries-related tourism in the diversification of fisheries,1a _________________ 1a (2016/2035(INI))
Amendment 12 #
2021/2056(INI)
Motion for a resolution
Citation 1 k (new)
Citation 1 k (new)
Amendment 13 #
2021/2056(INI)
Motion for a resolution
Citation 1 l (new)
Citation 1 l (new)
— having regard to the publication of the Scientific, Technical and Economic Committee for Fisheries (STECF) of 26 September2019 entitled “Social data in the EU fisheries sector (STECF-19- 03)”,1a _________________ 1a https://op.europa.eu/en/publication- detail/-/publication/fd0f6774-e0dd-11e9- 9c4e-01aa75ed71a1
Amendment 14 #
2021/2056(INI)
Motion for a resolution
Citation 1 m (new)
Citation 1 m (new)
Amendment 15 #
2021/2056(INI)
Motion for a resolution
Citation 1 n (new)
Citation 1 n (new)
— having regard to the results of the FAO Regional Conference “Building a future for sustainable small-scale fisheries in the Mediterranean and Black Sea” held in Algiers on 7-9 March 2016,
Amendment 16 #
2021/2056(INI)
Motion for a resolution
Citation 1 o (new)
Citation 1 o (new)
— having regard to the MedFish4Ever Ministerial Declaration and roadmap,1a _________________ 1a https://www.actu- environnement.com/media/pdf/news- 28756-declaration-malte-surpeche- mediterranee.pdf
Amendment 17 #
2021/2056(INI)
Motion for a resolution
Citation 1 p (new)
Citation 1 p (new)
— having regard to the Regional Plan of Action for Small-scale Fisheries for 2018–2028 (RPOA-SSF),
Amendment 51 #
2021/2056(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. Whereas, at the moment, the only definition of SSF is to be found within Regulation (EU) 2021/1139 that defines "small-scale coastal fishing" as "marine and inland fishing vessels of an overall length of less than 12 metres and not using towed gear"; Whereas this definition is to be considered for the purposes of the Regulation's implementation only;
Amendment 55 #
2021/2056(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. Whereas in most Member States the defining characteristics of SSF go beyond the EMFAF definition as governments apply a range of additional criteria including gears allowed, maximum vessel length, engine power, maximum duration of fishing trips, distance from port at which vessels can operate, area of operation, maximum allowed travel time or vessel ownership;
Amendment 57 #
2021/2056(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. Whereas the current definition of SSF included in the EMFF and EMFAF Regulation excludes certain types of vessels, such as those using some traditional gears, which in turn struggle to obtain EU funding as a result of this exclusion; whereas this exclusion also reduces the visibility of SSF and its presence within EU statistics as these units are not counted as belonging to the sector;
Amendment 58 #
2021/2056(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy (CFP) states that the CFP should contribute to "a fair standard of living for the fisheries sector including small-scale fisheries";
Amendment 60 #
2021/2056(INI)
Motion for a resolution
Recital A e (new)
Recital A e (new)
Amendment 84 #
2021/2056(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the fisheries sector and small-scale fishing make an important contribution towards socio-economic well- being, employment and the promotion of economic and social cohesion in various coastal regions and Member States; in many southern European coastal regions, and in particular in the Mediterranean, SSF are operating at the intersection of the economic, social and environmental dimensions, providing an important contribution towards socio-economic well- being, employment and the promotion of economic and social cohesion; whereas in this sense, income from fisheries is not to be deemed profit per se as it also contributes to perpetuating a way of life that has immense cultural and historical value for many coastal communities while providing, at the same time, an important social and economic safety net; whereas, in this sense, SSF represent a solution against increasing depopulation, ageing population and mounting unemployment, which are all major challenges for most of the coastal regions in southern European countries and islands;
Amendment 91 #
2021/2056(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas SSF provide a fundamental contribution to the achievement of the United Nations Sustainability Goals (SDGs) as explicitly recognized by SDG 14b; whereas, at the same time, small scale fisheries can provide contributions to the other policy imperatives underlying the SDGs, such as the SDG 2 “Zero hunger” and its Target 2.3, SDG 5 “Gender equality” and its targets 5.a and 5.b, the SDG 8 “Decent work and economic growth” and its target 8.5, and the overall SDG 13 “Climate action”;
Amendment 101 #
2021/2056(INI)
Motion for a resolution
Recital G
Recital G
G. whereas issues concerning safety and accidents in fishing cannot be removed from those concerning fishing efforts and fish yield; safety and comfort-related issues of the SSF fleet cannot be viewed separately from those concerning fishing efforts and fish yield; whereas, in this regards, the gross tonnage limitation, as a criterion to measure the fishing capacity, has a negative impact on the safety and comfort of the SSF fleet as it limits the incentive to replace and modernise vessels or increasing available space in order to improve crew comfort, safety and ultimately the attractiveness of the sector, especially for young people and women;
Amendment 104 #
2021/2056(INI)
Motion for a resolution
Recital H
Recital H
H. whereas safety-related issues cannot be viewed separately from the characteristics of fishing fleets in the Member Statesparticular nature of the fleets as the characteristics of SSF such as the lack of specialised safety advice for the sector, single handed nature of operations, long working hours or the danger of entrapment in the equipment, may render them at high risk; ;
Amendment 117 #
2021/2056(INI)
Motion for a resolution
Recital K
Recital K
K. whereas, despite small-scale fishing’s importance in the EU, it accounts for a substantially smaller share of the sector’s total income than large-scale and distant-water fishing; whereas, at the same time, SSF has significant potential for added value as the 5% of the catch by volume produced contributes to the 15% of the value of the catch;
Amendment 128 #
2021/2056(INI)
Motion for a resolution
Recital M
Recital M
M. whereas earningsresources, especially fishing quotas, are very unequally distributed between industrial fisheries on the one hand, which tend to take a more and small-scale, artisanal and coastal fisheries on the other; whereas one of the main reasons for this unequal deistructive approach to resources, and small-scale, artisanal and coastal fisheries on the otheribution is the predominant use by members states of the criteria of the historical catches, which penalizes exceedingly the SSF sector, impeding generational change and erecting barriers for those who wish to enter the market;
Amendment 138 #
2021/2056(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. Where markets are often dominated by few established products and SSF products that are a sustainable alternative to heavily exploited species do not get sufficient marketing attention; whereas consumers are often prevented from obtaining full information about the product they are buying, its production system or the fishing gear;
Amendment 144 #
2021/2056(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. Whereas SSF enterprises are often undercapitalised or underfunded and have very limited access to basic accounting tools, credits, micro-finance and insurance;
Amendment 145 #
2021/2056(INI)
Motion for a resolution
Recital O b (new)
Recital O b (new)
Ob. Whereas the SSF sector continues to experience economic difficulties and substantial decrease in revenues as a result of the significant increase in operating costs aggravated by other factors such as the reductions in the value of fish at first sale or rising fuel prices; whereas these and other factors have rendered SSF ever more relying on fuel subsidies and often impose an increase in fishing effort onto the fishers in order to reach economic viability for their activity;
Amendment 148 #
2021/2056(INI)
Motion for a resolution
Recital O c (new)
Recital O c (new)
Oc. Whereas the SSF sector has traditionally suffered from a lack of organizational capacity; whereas among the main factors contributing to limit SSF collective action there is: 1) the large number of actors in the SSF sector combined with their geographical dispersion; 2) the nature of the business, which is mainly based on small-family enterprises; 3) the lack of trained staff devoted to management; 4) the lack of financial support for SSF organisations to take part in the decision-making process;
Amendment 150 #
2021/2056(INI)
Motion for a resolution
Recital O d (new)
Recital O d (new)
Od. Whereas the SSF sector finds itself more and more in competition with other blue maritime activities as well as with renewable energy interests that affect many activities along the coast, in beaches or harbour areas, thus potentially taking over areas previously used almost exclusively by SSF, resulting in displacement as well as in ‘sea and coastal grabbing’;
Amendment 152 #
2021/2056(INI)
Motion for a resolution
Recital O e (new)
Recital O e (new)
Oe. Whereas gentrification processes occurring in many developing coastal areas risk to make it increasingly unaffordable for small scale fishers to live in coastal areas, pushing them far from their place of work and thus rendering their activity even more difficult and inconvenient;
Amendment 156 #
2021/2056(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. Whereas management strategies based solely on the reduction of fishing days, such as that applied for the Western Mediterranean, are putting the SSF sector on its knees; whereas these continuous reductions, if combined with the already precarious situation caused by the COVID pandemic, are leading to the collapse of a large share of the sector, which would no longer be able to reach the minimum profitability threshold that guarantees its survival; whereas these reductions also raise numerous issues such as those linked to safety on board, the greater risk of injuries, the increase of illegal fishing and the social repercussions resulting from unemployment;
Amendment 177 #
2021/2056(INI)
Motion for a resolution
Subheading 1
Subheading 1
Amendment 182 #
2021/2056(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes the view that the future of small-scale, coastal and artisanal fishing depends on immediate, meaningful and effective measures to increase fishing incomes, empower the fleet, tonhance the organizational and commercial capabilities of the sector, enhance the profession’s attractiveness and provide training for young people and to improve operating conditions; calls on the Commission, therefore, working in close cooperation with the Member States, to establish and implement support mechanisms for small-scale, artisanal and coastal fisheries that make it possible to tackle the specific problems in this part of the sector;
Amendment 189 #
2021/2056(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need to invest in product diversification through initiatives aimed at creating new markets, shedding light on lesser-known species in order to improve SSF’s market position, alleviate the demand for products whose constant supply throughout the year can only be guaranteed by imports and help reduce fishing pressure on overexploited species;
Amendment 192 #
2021/2056(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
Amendment 195 #
2021/2056(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Affirms the need to strengthen and shorten the sector’s value chain and promote marketing strategies, fostering mechanismbetween the producer and the consumer by reducing the number of intermediaries and ideally reaching the point where the producer is able to serve the final customer directly; in this sense, underlines thate improve the first-sale price, so as to benefit fisherortance of promoting new distribution channels, such as online sales or apps, online platforms or social media channels and calls for regulatory measures of direct selling off the boat that do not harm the existence of this important channel of distribution for SSF products;
Amendment 210 #
2021/2056(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that measures are neededStresses the fact that SSF are the weakest segment along the value chain and marketing arrangements often tend to favour the interests of the buyer, rather than the fishers, who have little to no control over pricing, which in turn end up in marginal earnings for the products sold; urges the need for measures to defend or create markets of origin, thereby advocating short sales channels for traditional products and promoting and defending the particularintrinsic qualityies of fish from small-scale fishing;
Amendment 216 #
2021/2056(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for small-scale fishing support programmes to be introduced with a view to driving down production costimproving business management and organizational capabilities, driving down production costs, improving first sale prices and ensuring economic sustainability;
Amendment 221 #
2021/2056(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 230 #
2021/2056(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that public institutions should facilitate access to finance to the weakest segments of the fleet in order to foster value chains and prevent market failures; in this regard, calls on the Commission and the Member States to set up legislative initiatives to facilitate access to formal finance for the SSF sector; stresses that this should include: 1) access to both formal credit for capital expenses and financing for fishing operations, 2) the development, in partnership with financial institutions, of facilities and financial products for medium to long- term investment, 3) the application of formal financing schemes such as production contracts or storage receipts, with the participation of fishers, traders and public authorities;
Amendment 242 #
2021/2056(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view that the European Maritime, Fisheries and Aquaculture Fund (EMFAF) should make it possible to provide specific support for small-scale fishing in the form of fuel subsidies;Underlines that in certain sea- basins, such as the Mediterranean, the majority of the SSF sector is dependent on fuel subsidies; underlines that the new proposal for a council directive restructuring the Union framework for the taxation of energy products and electricity1a, by ending the current mandatory exemption for the fishing sector, puts at risks the survival of the majority of the SSF segment; stresses the need for alternative solutions that allow the sector to combine a just transition towards the sustainability goals set by the Green Deal with the ability of the SSF sector to economically survive and guarantee the decent sustenance of its workers; _________________ 1a COM(2021) 563 final
Amendment 259 #
2021/2056(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to allow, under the aegis of EMFAF, SSF sector- specific support to be provided once again forfor installation of storage, freezing and refrigeration, infrastucture and for maintaining the cold chain from boat to plate as a decisive element enabling full advantage to be taken of fisheries resources – without destroying or depleting stocks – and ensuring a regular supply to the publicdelivery of high quality fresh products to the public, hotels, restaurants and to the food processing industry;
Amendment 272 #
2021/2056(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that support under theprovided by Member States, when implementing the new EMFAF, should be marshalled to address market failures, thereby contributing to increased incomes from fishing, promoting jobs with rights in the sector and ensuring fair prices for producers;
Amendment 283 #
2021/2056(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that the EU is missing a tool to understand the extent of EMFF and EMFAF investments in the SSF sector, the number of good practices funded, the delivering of concrete results and how FLAGs are working and effectively implementing the CFP; calls on the Commission to establish such a tool as a fundamental step in order to understand how to scale up good practices and replicate virtuous fishing methods at the EU scale;
Amendment 291 #
2021/2056(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that the gross tonnage criteria to measure fishing capacity, by also including space reserved for crew facilities and comfort, hinders the modernization of the fishing vessels and the much needed improvement of the working conditions of the SSF fleet; urges, in this regard, the Commission to review these criteria in order to find a solution able to balance the needs of the SSF workers with the need to control the EU fleet's fishing capacity;
Amendment 380 #
2021/2056(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes the view, however, that the necessary setting of environmental objectives must go hand in hand with defining social and economic objectives, which are crucial for any fisheries policy; calls on the Commission to take the interdependence of these objectives into account when designing future fisheries legislation;
Amendment 385 #
2021/2056(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses the need to reach a consensus around a common definition of SSF at the EU level; stresses the need to draft a common definition through an appropriate matrix system to include other characteristics of the segment; stresses the need for this definition to be pragmatic, measurable and clear; stresses the fact that this definition should be included in a more horizontal regulation, such as the CFP Regulation, so to encompass the whole EU fisheries legislation; calls on the Commission to address this issue within the future review of the CFP Regulation;
Amendment 388 #
2021/2056(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Highlight the scarcity of economic, social and territorial statistical data and indicators on SSF at the European level; stresses that this lack and inadequateness of statistics does not allow for a proper analysis of the segment and therefore for a proper legislative action to tackle the most critical issues SSF faces; urges the Commission to launch a comprehensive and region-wide mapping action to develop an accurate and complete baseline data on SSF with a view to measure the economic and social impact of SSF both in quantitative and qualitative terms and to estimate 1) the value of the output produced by SSF; 2) its economic impact on coastal communities and 3) its impact on related sectors; stresses the need to involve fishers and fishers’ associations in scientific monitoring, mapping, data collection, management and control activities, in order to take full advantage of their knowledge;
Amendment 391 #
2021/2056(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Urges the Commission to launch a comprehensive and region-wide mapping of 1) social protection systems and national legislations in place and available to SSF in the EU member states with a view to identifying and promoting the most successful options; 2) legislation and institutional mechanisms which ensure the full participation of SSF in all activities regarding the sustainable development of the sector (development of alternative activities, co-management, financial support, labelling, traceability, right to decent work, social protection, etc.);
Amendment 393 #
2021/2056(INI)
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Stresses the crucial importance for the SSF sector to have a stronger dedicated organizational capacity in order to strengthen its position along the value chain; stresses that stronger producers organizations can play a key role in the management of commercialization structures of SSF products, in improving market access for SSF products and in increasing the availability of local food within coastal communities; stresses, in particular, the fact that their strengthening and promotion would help SSF to 1) become price-makers instead of price-takers; 2) set fair prices; 3) diminish the intra-sectoral competition; 4) promote a more efficient use of its own structures and resources through collective action; calls on, in this regard, the Commission and the Member States to follow up on the prescriptions of the CMO Regulation by establishing regional plans for SSF producers' organizations in order to increase the SSF sector's profitability and improve the quality and traceability of its products;
Amendment 395 #
2021/2056(INI)
Motion for a resolution
Paragraph 26 e (new)
Paragraph 26 e (new)
26e. Stresses that the SSFsector, more than the rest of the fleet segments, may bear the brunt of the impact of the growing need for renewable energy sources to meet the goals set by the EU Green Deal; stresses that SSF will be particularly affected if displacement deriving from installation of a growing number of offshore windfarm units within inshore fishing grounds takes place, as it may not have the capacity to move to fishing grounds further afield or to change fishing methods; calls, in this regard, for appropriate marine spatial planning in order to guarantee the interests of all the sectors and for fair compensation to small scale fishermen as a last resort;
Amendment 396 #
2021/2056(INI)
Motion for a resolution
Paragraph 26 f (new)
Paragraph 26 f (new)
26f. Stresses the opportunities deriving from possible synergies between the SSF and other sectors and in particular with coastal tourism that shares the same assets and infrastructures of the SSF sector; stresses that such synergies would enable diversification in the local economy, provide additional jobs and income to families, and help stabilise the declining profitability and employment in the fisheries sector; calls, in this regard, for a clear definition of pesca-tourism that allows for a regulated activity and at the same time for professional small-scale fishers to take full advantage of the opportunities given by synergies with the blue economy sector;
Amendment 397 #
2021/2056(INI)
Motion for a resolution
Paragraph 26 g (new)
Paragraph 26 g (new)
26g. Stresses that the socio-economic and environmental challenges arising from the management of Maritime Protected Areas offer a potential solution to reconcile conservation and sustainability objectives on the one hand with the integration of the SSF sector into management decisions in and around MPAs; calls on, in this regard, the Commission and the Member States to develop participatory approaches to the management MPAs, based on biological and socio-economic data jointly formulated, implemented and revised together with MPA practitioners, concerned stakeholders and the SSF sector; calls on the Commission and the Member States to consider developing participative management practices also to find a balance between the sustainable development of SSF and, where applicable, the sustainable development of responsible tourism;
Amendment 398 #
2021/2056(INI)
Motion for a resolution
Paragraph 26 h (new)
Paragraph 26 h (new)
26h. Stresses that the viability of SSF critically depends on secure access to resources and fishing areas on the one hand, and to value added markets on the other; calls, in this respect for a differentiated approach to the management of SSF, with priority access to inshore fishing areas and ring fenced quotas granted to SSF activities; calls for the establishment of fishing areas reserved for SSF activities under co- management regimes, with associations of SSF empowered to share responsibility and decision-making power in the drafting and implementation of co- management plans with national authorities in co-management committees;
Amendment 399 #
2021/2056(INI)
Motion for a resolution
Paragraph 26 i (new)
Paragraph 26 i (new)
26i. Stresses the fact that the SSF sector should be granted a fair share of fishing quota; stresses that in order to achieve this goal, distribution methods by the Member States should be less based on historical records and more on the basis of other criteria such as fleet size, age of the fishers or the fishing gears employed; urges, in this regard, all Member States to fully implement the prescriptions present in Article 17 of Regulation (EU) 1380/2013 on the Common Fisheries Policy for the use of transparent and objective allocation criteria, including those of an environmental, social and economic nature, and to increase the percentage of national quotas allocated to the SSF sector accordingly;
Amendment 400 #
2021/2056(INI)
Motion for a resolution
Paragraph 26 j (new)
Paragraph 26 j (new)
26j. Highlights that within the SSF sector women continues to be underrepresented; stresses that despite this, women have always played an active, although frequently invisible, role within the SSF sector; stresses that this “invisibility” is due to cultural reasons but also to the lack of official statistical data on women’s employment within the SSF sector; calls on the Commission and Member states to support projects dedicated to collecting information on women’s employment as well as to enable women to enter the SSF sector and take a central role within it;
Amendment 25 #
2021/2025(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values set out in Article 2 of the Treaty on European Union (TEU); whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union; whereas respect of the rule of law binds the Union as a whole, its Member States and their subnational entities;
Amendment 45 #
2021/2025(INI)
Motion for a resolution
Recital F
Recital F
F. whereas backsliding on the rule of law and fundamental rights in some countries is seriously affecting mutual trust in the functioning of the area of freedom, security and justice and threatening the Union objectives as enshrined in Article 3 of the TEU, as illustrated by several cases where the European Arrest Warrant was put under a strain due to profound doubts about the independence of the judiciary;
Amendment 49 #
2021/2025(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas emergency measures taken in response to the COVID-19 pandemic have put more pressure on fundamental rights and democratic checks and balances;
Amendment 64 #
2021/2025(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that justice systems, the anti-corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space, are all part of the Commission’s annual overview of the rule of law situation in the Member States; calls moreover for the inclusion in the annual reports of certain important elements of the Venice Commission’s 2016 Rule of Law Checklist, such as legal safeguards to prevent arbitrariness and abuse of power by public authorities, independence and impartiality of the Bar and equality before the law and non-discrimination; encourages the Commission to also highlight positive trends in Member States that could serve as good examples for others to follow;
Amendment 68 #
2021/2025(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes with satisfaction that the report contains country specific chapters; commends the Commission’s efforts to engage with national Governments and national Parliaments as well as civil society and other national actors; encourages the Commission to devote more efforts to deepen the country analyses with a view to better assess the severity of rule of law challenges; believes that more time should be devoted to the Commission’s country visits, including on site, in order to achieve broader engagement and dialogue with national authorities and civil society; considers that the Commission should raise greater awareness of such country visits to foster the emergence of a rule of law culture at national level;
Amendment 75 #
2021/2025(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the potential preventive benefits of the annual Rule of Law Report; considers that a more thorough evaluation is needed to assess whether the report has had a preventive effect; considers that in any event this is clearly not the case as regards the Member States under the Article 7(1) TEU procedure; believes that the 2020 report should have provided more in-depth assessments, stating whether there is a risk of or actual breach of the Union values in each of the pillars under analysis in the country chapters; considers these assessments necessary to identify follow-up actions and remedial measures and tools; calls for a synthetic approach in the horizontal report in order to clearly identify where the most important risks and problems lie across Member States;
Amendment 79 #
2021/2025(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. CallsIs concerned by the spill-over effects of the erosion of media freedom into the other areas of analysis; considers smear campaigns against judges, legal professionals and civil society organisations and, in particular, strategic lawsuit against public participation (SLAPP) actions, as a limiting factor to their independence and capacity of action; calls, therefore, for a more integrated analysis on the interlinkages between the four pillars included in the report and of how combined deficiencies may amount to systemic breaches of the rule of law;
Amendment 87 #
2021/2025(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the annual reports should identify cross-cutting trends at Union level; believes that a Union-wide perspective is absent from the 2020 report; asks the Commission to identify instances where certain practices undermining the rule of law, media freedom, check and balances or the fight against corruption in one Member State are becoming blueprints for others or when the gravity and scope of such practices have the potential to affect the Union as a whole; calls for the prioritisation of these Union-wide trends, including the increasing challenges by national Constitutional Courts to the EU legal architecture, in the analysis, to be able to direct remedial action at Union level;
Amendment 99 #
2021/2025(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the monitoring of the independence, quality and efficiency of the Member States’ justice systems and hence their capacity to provide for effective judicial protection to ensure compliance with Union law; considers that the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level; considers that the reports should go beyond a static annual snapshot and include information on relevant antecedents in the country chapters to enable a dynamic and integral assessment of the independence of judicial systems, including the independence of lawyers and Bars;
Amendment 117 #
2021/2025(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. 1. Highlights that, in accordance with Article 17(1) TEU, the Commission is to ensure the application of the Treaties and of secondary legislation, including in cases where risks of serious breaches of the values laid down in Article 2 TEU, identified in country reports, have effectively materialised following the publication of the 2020 report;
Amendment 125 #
2021/2025(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Decries the fact that the initiation of preliminary ruling proceedings before the Court of Justice of the EU has been declared unlawful in Member States subject to Article 7 of the TEU; is appalled by the growing resistance of some Member States to comply with CJEU rulings on the grounds of sovereignty or unconstitutionality; believes that these developments pose a systemic threat to the Union; considers, therefore, that forthcoming annual reports should consider challenges to the Union’s legal architecture and principles as serious violations in the assessment; calls on the Commission to closely monitor the Constitutional Tribunal's ruling regarding the primacy of national constitutional norms over EU law launched at the request of the Government of one country subject to Article 7; urges the Commission to ensure an immediate and adequate response to a refusal to implement and respect CJEU judgments, such as court actions under Article 260 TFEU;
Amendment 140 #
2021/2025(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the dedication of a specific chapter to anti-corruption efforts in each country report since systemic corruption undermines both the functioning of the rule of law and the trust of citizens in the decisions taken by authorities, civil servants and the judiciary; points out that while the existence of national anticorruption strategies can be considered progress, their effectiveness on the ground must also be assessed; notes that an assessment of the resilience of the anti-corruption framework to tackle corruption-related risks in the area of public procurement remains largely absent from the 2020 report; invites the Commission to place greater emphasis on the misuse of EU funds, particularly in view of the new conditionality mechanism;
Amendment 161 #
2021/2025(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the lack of assessment as regards the public media sector at national level and its degree of independence from government or any other interference and an assessment of transparency of media ownership; believes that proper implementation of Article 30 of the 2018 Audiovisual Media Services Directive19 should be closely monitored; _________________ 19 OJ L 303, 28.11.2018, p. 69.
Amendment 163 #
2021/2025(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is alarmed by the growing deterioration of media freedom and media pluralism in some Member States since the publication of the 2020 report; observes with concern that challenges to media freedom are interlinked with the undermining of artistic freedom and academic freedom; calls, therefore, for this pillar to be expanded to all aspects of freedom of expression and for the title of the pillar to be adapted accordinglyis deeply concerned at the abuses, crimes and deadly attacks being committed against journalists and media workers in the Union in view of their activities;
Amendment 172 #
2021/2025(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Observes with concern that challenges to media freedom are interlinked with the undermining of artistic freedom and academic freedom; calls, therefore, for this pillar to be expanded to all aspects of freedom of expression and for the title of the pillar to be adapted accordingly;
Amendment 177 #
2021/2025(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the report’s pillar on checks and balances, covering, inter alia, the process for preparing and enacting laws, the regime for the constitutional review of laws, the role of independent authorities and of civil society organisations in safeguarding the rule of law, and its examination of exceptional measures taken to fight the COVID-19 pandemic;
Amendment 186 #
2021/2025(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Commission to define clear benchmarks on an enabling civic spaceStresses the importance of a healthy civic space to counterbalance the erosion of the rule of law and foster a rule of law culture; invites the Commission to deepen the assessment of civic space in the forthcoming 2021 report; considers beneficial to explore the definition of clear benchmarks on an enabling civic space to further strengthen this area of analysis in the long run, including, among others, the enabling legal environment for the exercise of civic freedoms, the framework for civic organisations’ financial viability and sustainability, access to and participation in decision-making, the right to access to information, safe space, including as regards incidence and responses to verbal and physical attacks, smear campaigns and legal harassment including through Strategic Litigation Against Public Participation;
Amendment 191 #
2021/2025(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Recalls the importance of independent national human rights institutions and ombudsman bodies, in full compliance with the Paris Principles, as well as equality bodies, in preserving citizens’ rights and being able to defend the rule of law at national level; is deeply concerned by recent attempts in a Member State subject to Article 7(1) TEU to undermine the independence of the national Ombudsman from the executive;
Amendment 198 #
2021/2025(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regrets that the non- implementation, which in itself constitutes a serious violation of the rule of law, by a Member State subject to Article 7 of the TEU of a CJEU ruling in relation to restrictions imposed on the financing of civil organisations by persons established outside that Member State, perpetuates the process of shrinking space for civil society in that Member State; notes with concern that an increasing number of Member States are adopting legislation that severely impinges on the freedom of association and expression for civil society organisations;
Amendment 201 #
2021/2025(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Regrets that the report fails to recognise in clear terms the democratic backsliding and the establishment of (semi-)autocratic regimes in some Member States, based on the gradual annihilation of all checks and balances;
Amendment 207 #
2021/2025(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. EReiterates the intrinsic link that exists between the rule of law and fundamental rights and the need to increase awareness of the values enshrined in Article 2 TEU and the Charter; encourages the Commission to consider including within the scope of future reports the application of all rights guaranteed by the Charter of Fundamental Rights; stresses that any action taken by a Member State when acting within the scope of EU law must respect the rights and principles of the Charter of Fundamental Rights; insists therefore, on the link between upholding the rule of law and the right to an effective remedy before a tribunal, the right to a fair trial and the right to be advised, defended and represented, as well as the obligation to provide independent legal aid;
Amendment 210 #
2021/2025(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Strongly denounces that European and international legislation are not fully respected in some EU Member States, for example in the field of anti-discrimination or in the field of asylum, such as the non- implementation by a Member State subject to an Article 7 TEU of several CJEU and ECtHR rulings in relation to access to the asylum procedure, including the automatic and unlawful detention and the deprivation of food, thus violating the rights of migrants and asylum seekers to apply for international protection;
Amendment 212 #
2021/2025(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Underlines with concern that people in vulnerable situations, including persons with disabilities, children, religious minorities, especially in times of rising anti-semitism and islamophobia in Europe, Roma and other persons belonging to ethnic minorities, migrants, refugees, LGBTI+ persons and elderly persons, as well as women continue not seeing their rights fully respected across the Union; emphasizes the obvious link between deteriorating rule of law standards and human rights and minority rights violations in those Member States;
Amendment 224 #
2021/2025(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States to present annual reports on democracy, the rule of law and fundamental rights, equality and rights of persons belonging to minorities as part of the Union’s annual reporting mechanism;
Amendment 227 #
2021/2025(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the Commission’s announcement of its strategy to strengthen the application of the Charter of Fundamental Rights; considers that focusing annually on a single pre-defined topic would not allow to highlight other serious violations of the Charter taking place on a given year; believes that such an annual review should provide input for a comprehensive monitoring mechanism and that its methodology, cycle and scope should therefore be aligned with the annual reports;
Amendment 236 #
2021/2025(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to strengthen the regular, inclusive and structured dialogue with governments and national parliaments, NGOs, national human rights institutions, Ombudsman and equality bodies, professional associations and other stakeholders; noteregrets that three Member States refused to make public their submissions for the 2020 report; calls for transparency in the process and for all submissions to be made public;
Amendment 244 #
2021/2025(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that civil society are key partners to identify rule of law violations and promote democracy and fundamental rights in countries where Union values have been eroded; considers that shadow reporting would bolster the efficiency and transparency of the processtimeframes for consultation for civil society are too short and should be more predictable; notes that organising consultations before the annual release of public statistics impoverishes contributions; calls on the Commission to allow multilingual submissions; suggests making the framework for stakeholders’ contributions less rigid;
Amendment 250 #
2021/2025(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that cooperation in the annual monitoring cycle with the Council of Europe and its Parliamentary Assembly, including through a more structured partnership, is of particular relevance for advancing democracy, the rule of law and fundamental rights in the EU; recalls that accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms is a legal obligation provided for under Article 6(2) TEU; reiterates the need for a swift conclusion of the accession process in order to ensure a consistent framework for human rights protection throughout Europe and to further strengthen the protection of fundamental rights and freedoms within the Union;
Amendment 257 #
2021/2025(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission and the Council to respond positively to Parliament’s call in its resolution of 7 October 2020 for an EU mechanism on democracy, the rule of law and fundamental rights; reiterates that such mechanism is necessary to reinforce the promotion and respect for Union values; recalls that this annual Cycle should be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States; recalls that findings of relevant international bodies, such as the ones under the auspices of the UN, OSCE and the Council of Europe, are of crucial importance for the assessment of the situation in Member States; believes that the European Union Fundamental Rights Information System EFRIS is a source of information in this regard;
Amendment 261 #
2021/2025(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Recommends that the Commission aligns recommendations with potentially applicable tools to remedy the identified shortcomings; calls on the Commission to better follow-up on the implementation of the country-specific chapters by the Member States concerned by activating other rule of law tools to achieve results in case of non-implementation of the recommendations; underlines the importance of identifying clear positive and negative trends in each Members State and the need to give special attention to comparisons with the reports of the respective previous year;
Amendment 265 #
2021/2025(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24 c. Calls on the Commission and the Council to enter without delay into negotiations with Parliament on an interinstitutional agreement in accordance with Article 295 TFEU in order to establish an objective and evidence-based monitoring mechanism enshrined in a legal act binding the three institutions to a transparent and regularised process, with clearly defined responsibilities, involving a panel of independent experts that shall advise the three institutions, in strong cooperation with the European Union Agency for Fundamental Rights, so that the protection and promotion of all Union values becomes a permanent and visible part of the Union agenda;
Amendment 271 #
2021/2025(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. SReiterates that the DRF mechanism must complement and reinforce, and by no means substitute, the ongoing and future proceedings under Article 7 TEU; strongly regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes that the Council’s hesitance to apply Article 7 of the TEU effectively is enabling continued divergence from the values provided for in Article 2 of the TEU; urges the Council to proceed without delay to vote under Article 7(1) TEU; calls on the Council to ensure that hearings under Article 7(1) TEU start again as a matter of urgency and also address new developments; reiterates its recommendation to the Council to address concrete recommendations to the Member States in question, as enshrined in Article 7(1) TEU, as a follow-up to the hearings, and that it indicate deadlines for the implementation of those recommendations; calls for a reflection at the Conference on the Future of Europe on a revision of the Article 7 TEU procedure in order to realign the majority requirements of paragraphs 1 and 2 with a view to having super-majorities of four or five for both procedures;
Amendment 277 #
2021/2025(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates that the annual report should serve as a basis for deciding whether to activate the procedure provided for in Article 7 of the TEU, whether to activate the Rule of Law Framework or whether to launch infringement procedures, including expedited procedures, applications for interim measures before the Court of Justice and actions regarding non-implementation of CJEU judgments concerning the protection of Union values; considers that the Conference on the Future of Europe should further assert the precedence of the EU legal order; invites the Conference on the Future of Europe to consider strengthening the role of the Court of Justice of the European Union in protecting the Union’s founding values;
Amendment 285 #
2021/2025(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. CStresses that the applicability, purpose and scope of the Rule of Law Conditionality Regulation is clearly defined in the legal text of the said Regulation; considers that the European Council conclusions on the Regulation on a general regime of conditionality contravene Article 17 and Article 15 TEU and Article 288 TFEU, and introduce unnecessary legal uncertainty considering some recent developments by Member States subject to Article 7 TEU; calls for action in this regard; recalls that said Regulation applies from 1 January 2021; calls for the Commission to use the findings of the annual report in its assessment that forms the basis of the mechanism to protect the budget against breaches of the principle of the rule of law, as well as in any other relevant assessment for the purposes of existing and future budgetary tools; reiterates its call on the Commission to dedicate a specific section of the annual report to an analysis of cases where breaches of the principles of the rule of law in a particular Member State could affect or seriously risk affecting the sound financial management of the Union budget in a sufficiently direct way; calls on the Commission to more vigorously apply the Common Provisions Regulation and the Financial Regulation to tackle discriminatory use of European funds, as it did when withholding funds for municipal or local governments proclaiming themselves to be ‘‘free from LGBTI ideology’’;
Amendment 289 #
2021/2025(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Calls on the Commission to develop a culture of European values, including through strengthened efforts to promote European citizens’ education, which should include rule of law education;
Amendment 293 #
2021/2025(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Calls on the Council and the Commission to provide adequate funding for European-wide, national, regional and local civil society organisations and independent journalism to foster grassroots support for democracy, the rule of law and fundamental rights in all Member States, in particular where violations and shortcomings have been identified; believes that adequate funding under the Citizens, Equality, Rights and Values programme is extremely important, including for strategic litigation;
Amendment 297 #
2021/2025(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to assess in successive reports how the issues identified in the areas analysed in previous reports have evolved, been solved, risk deteriorating or have further deteriorated, to identify trends and transversal issues and to put forward clear recommendations to remedy any risks or backsliding identified;
Amendment 306 #
2021/2025(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to make clear in its annual Rule of Law Reports that not all rule of law shortcomings and violations are of the same nature and/or intensity and that when the values listed in Article 2 of the TEU are violated gravely, permanently and systematically, Member States cease being democracies; and become authoritarian regimes; calls, therefore, on the Commission to assess countries under ongoing Article 7 TEU proceedings in-depth, in order to illustrate how the rule of law has been structurally undermined to facilitate the consolidation authoritarian-style governance structures;
Amendment 310 #
2021/2025(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Underlines that this report should serve as a basis for the prioritisation of follow-up actions by the EU regarding those Member States where shortcoming or deficiencies are witnessed, firmly placing the contribution of the report within the overarching democracy, rule of law and fundamental rights mechanism;
Amendment 311 #
2021/2025(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29 b. Commits to start working on the 2021 report as early as possible after its publication;
Amendment 21 #
2021/2016(INI)
B. whereas the importance of conserving and sustainably managing biological marine resources and marine ecosystems and promoting responsible and sustainable aquaculture is recognised, as is the key role that trade will play in achieving these goals; in particular through coherent action and incompliance with the relevant international agreements of the Food and Agriculture Organization of the United Nations (FAO) and the United Nations Convention on the Law of the Sea (UNCLOS), including the effort to prevent and eliminate the illegal, unreported and unregulated (IUU) fishing, also by excluding the marketing of fishery products resulting from this harmful activity;
Amendment 23 #
2021/2016(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Common Fisheries Policy (CFP) obliges the Union to promote the objectives of that policy internationally, ensuring that Union fishing activities carried out outside its waters are based on the same principles, and providing a level playing field for Union and third-country operators, and to cooperate with third countries and international organisations in order to improve compliance with international measures, including measures to tackle illegal, unreported and unregulated (IUU) fishing, on the basis of the best available scientific knowledge;
Amendment 26 #
2021/2016(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Parties have agreed to work together on conservation and on trade-related policies and measures in the area of fisheries and aquaculture, including under the auspices of the World Trade Organization (WTO) and the regional fisheries management organisations (RFMOs) and in other multilateral instances, as the case may be, with the aim of promoting sustainable fisheries and aquaculture practices and trade in fish products from sustainably managed fisheries and aquaculture operations;
Amendment 30 #
2021/2016(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Specialised Committee on Fisheries has been set up, which will prepare multiannual conservation and management strategies as basis for setting TACs and other management measures, including for non-quota stocks, defining scientific data collection for fisheries management purposes, as well as sharing these data with scientific bodies to have the best scientific advices possible;
Amendment 33 #
2021/2016(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. Considering the Sustainable Development Goals (SDGs) of the United Nations, in particular the SDG14 - Protecting Marine Life;
Amendment 54 #
2021/2016(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that access to waters and resources for both fleets cannot be considered in isolation from market access; that there is a historical dependence on fishing grounds, now under British jurisdiction, of a significant part of the European Unionfleet, as well as there are many British companies, in particular of aquaculture production, which depend on the EU Single Market, and that the Union depends of this products to meet their needs;
Amendment 83 #
2021/2016(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is opposed to all unilateral decisions of any kind that establish fishing opportunities that contravene international law or go against the advice based on the best and most up-to-date scientific knowledge, putting into question international agreements as well as the sustainable exploitation of shared resources;
Amendment 99 #
2021/2016(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the need for the Commission to ensure that the most recent decisions of the North-East Atlantic Fisheries Commission (NEAFC) are fully integrated into Union law; Urges the Commission to work together with other contracting parties to include ambitious control and fisheries management measures in line with the objectives set out in the CFP and the Green Deal, and compatible with the rules set out in the access to waters and resources in waters under the jurisdiction of both Parties;
Amendment 11 #
2021/2012(INI)
Draft opinion
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
Stresses the importance of clean energy transition that will minimize fossil fuels import, generate job growth, develop communities, and raise living standards of all EU citizens, contributing to post- COVID 19 recovery;
Amendment 22 #
2021/2012(INI)
Draft opinion
Paragraph 2 – subparagraph 1 (new)
Paragraph 2 – subparagraph 1 (new)
Emphasises that offshore renewable energy will only be sustainable if it does not have a negative impact on the marine environment;
Amendment 23 #
2021/2012(INI)
Draft opinion
Paragraph 2 – point 1 (new)
Paragraph 2 – point 1 (new)
(1) Encourages facilitation of dialogue where all industry, NGOs, fishers and scientists can exchange views and work on joint projects at an early stage;
Amendment 48 #
2021/2012(INI)
Draft opinion
Paragraph 5 – subparagraph 1 (new)
Paragraph 5 – subparagraph 1 (new)
Encourages further monitoring of impact on the environment, scientific analyses and data exchange as new policies, findings and technologies are constantly developing;
Amendment 34 #
2021/0427(COD)
Proposal for a regulation
–
–
The European Parliament rejects the Commission proposal for a regulation of the European Parliament and of the Council addressing situations of instrumentalisation in the field of migration and asylum;
Amendment 35 #
2021/0427(COD)
Proposal for a regulation
–
–
The European Parliament rejects the Commission proposal for a regulation of the European Parliament and of the Council addressing situations of instrumentalisation in the field of migration and asylum;
Amendment 36 #
2021/0427(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2), (d) and (f(d) and Article 79(2)(c) thereof,
Amendment 39 #
2021/0427(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) A situation of instrumentalisation of migrants may arise where a third country instigates irregular migratory flows into the Union by actively encouraging or facilitating the movement of third country naactively facilitating the movement of a comparatively large number of third country nationals in absolute terms and relative to the asylum capacity of the Member State in questionals to the external borders, onto or from within its territory and then onwards to those external borders, where such actions are indicative of an intention of a third countryith the aim to destabilise the Union or a Member State, where the Member State affected can demostrate that the nature of such actions is liable to put at risk essential State functions, including its territorial integrity, the maintenance of law and order orand the safeguard of its national security.
Amendment 41 #
2021/0427(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) This Rregulation follows the invitatconclusions of the European Council to the Commission in its conclusions of 22 October 2021 to propose any necessary changes to the Union’s legal framework and concrete measures to ensure an immediate and appropriate response to the hybrid threat in of 22 October 2021 where it condems all hybrid attacks at the EU's borders and opposes any attempt by third countries to instrumentalinse with Union law and international obligations. Furthermore, it contributes to establishing a comprehensive and permanent framework to equip the Member Statmigrants for political purposes. Furthermore, it contributes to ensure a proper temporary adaptation of the relevant rules concerned with the necessary tools to respond effectively and swiftly to an instrumentalisation situation in full respect of fundamental rights and international obligations the asylum and migration in the case of instrumental use of migrants by a hostile third countries, in full respect of fundamental rights and international obligations, including refugee protection, human rights obligation and the prohibition of refoulement.
Amendment 42 #
2021/0427(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) One of those tools in this Regulation is the introduction of an emergency migration and asylum management procedureresponse in limited and well- defined circumstances providing the possibility for Member States to have recourse to legal tools to face future situations of instrumentalisation use of migrants by a hostile third country.
Amendment 45 #
2021/0427(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) This RegulationIn the implementation of this Regulation. Member States are obliged to respects the fundamental rights and to observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular Articles 1, 4, 7, 24, 18 and 19(2) and (2) thereof as well as the Geneva Convention of 28 July of 1951. In order to reflect, in particular, the primary consideration that must be given to the best interests of the child, the need to respect family life, and to ensure the protection of the health of the persons concerned, this Regulation provides for specific rules and safeguards applyingMember States should not be entitled to apply specific derogations laid down in this Regulation in respect of unaccompanied minors and minors and their family members, and of applicants whose state of health requires a specific and adequate support. The rules and guarantees set out in Regulation (EU) XXX/XXX19[1] [Asylum Procedure Regulation] should continue to apply in respect of persons subject to the asylum emergency management procedure, except where this Regulation provides otherwise. Tderogations laid down in this Regulation. Equally, the rules set out in Directive XXX/XXX [Reception Conditions Directive recast]20 [2], including those concerning the detention of applicants for international protection, should continue to apply, from the moment an application for international protection is made, except where this Regulation provides otherwise. _________________ 19 OJ C , , p. . 20 OJ C , , p. .
Amendment 46 #
2021/0427(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To assist the Member State facing an situation of instrumentalisation situation wiunder the the orderly management of the flows, under the emergencyemporary adaptation of the relevant rules on the asylum management procedured migration, it should be possible for the Member State concerned to decide in relation to third-country nationals or stateless persons that have been apprehended or found in the proximity of the external border with the third country instrumentalising migrants after an unauthorised crossing or who have presented themselves at border crossing points, to register applications for international protection only at specific registration points designated for this purpose situated in the proximity of the border, and provide an effective possibility for lodging an application for international protection only at the specific points that have been designated for such purposes. Member State should provide applicants with all the relevant information regarding the application of this Regulation in a language that they understand , and which should be easily accessible. An effective and genuine access to the international protection procedure must be ensured in accordance with Article 18 of the Charter of Fundamental Rights of the European Union and the Geneva Convention of 28 July of 1951. To this end, the Member State concerned should ensure that sufficient and easily accessible registration points, which may include border crossing points, are designated and open for such purpose, taking into account the vulnerabilities of persons who are themselves victims of the instrumentalisation. Applicants should be duly informed about the locations where their application will be registered and can be lodged and should be given all the relevant information regarding the application of this Regulation in a language that they can understand or are reasonably supposed to understand. The principle of non-refoulement continues to apply and an application for international protection may not be rejected for the sole reason that the applicant entered the territory of the Member State outside of an authorised border crossing point.
Amendment 49 #
2021/0427(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Member States should ensure that a sufficient number of registration points, including border crossing points, are designated, open and accessible for making, registering and lodging an application for international protection and that applicants are able to safely and legally reach them. Member States should ensure that the border guards and other competent authorities have the appropriative knowledge on international protection and have received the neceesary training.
Amendment 51 #
2021/0427(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In a situation of instrumentalisation of migrants, it is essential to prevent the entry of those who do nootect fvulfil entry conditinerable persons, while ensuring the protection of fundamental rights and to provide support to other Member States in the form of solidarity contributions. In order to ensure that the Member State facing such a situation has the necessary flexibility and avoid that a hostile third country targets specific nationalities or specific categories of third-country nationals or stateless persons, it should be possible under the temergency migration and asylum management procedureporary procedure in response to the instrumental use of migrants by a hostile third country as set out in this Regulation for the Member State concerned to take a decision in the framework of the border procedure, as set out in Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation ] on admissibility and the merits of allan applications for international protection by third-country nationals where the applicant is of a nationality, or, in the case orf stateless persons apprehended or found in the proximity of the border with the third country after an unauthorised crossing or who presented themselves at border crossing points, is a former habitual resident of a third country, for which the proportion of decisions granting international protection by the determining authority is — according to the latest available yearly Union-wide average Eurostat data— 30% or lower, taking into account the rapidly evolving protection needs that may take place in the country of origin as reflected in the quarterly updates of Eurostat data. The principles and guarantees set out in Regulation (EU) XXX/XXX [Asylum Procedure Regulation] have to be respected.
Amendment 53 #
2021/0427(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Where the temergency asylum management procedureporary procedure in response to the instrumental use of migrants is applied, the best interests of the child and the safeguards for applicants with medical conditions and persons with special reception needs as set out in Directive XXX/XXX [Reception Conditions Directive recast] should be a primary consideration for the competent authorities. For this reason, the Member State facing a situation of instrumentalisation should exclude from the emergency asylum management procedure cases where there are medical reasons for not applyborder procedure derogation unaccompanied minors, minors and their family members, applicants with special reception needs as set out ing the border procedure in line with Article 41(9)(c) of Regulation (EU) XXX/XXX [Asylum Procedure Regulation]. This should also be the case if the health problems become apparent during the examination of the application. The Member State concerned should also prioritise the examination of applications from persons whose claims are likely to be well-founded or from minors and their family members, as well as from unaccompanied minorsReception Conditions Directive and those with special procedural needs as set out in the Asylum Procedure Regulation, and where there are medical reasons for not applying the border procedure. This should also be the case if the health problems become apparent during the examination of the application. If during the screening under Regulation (EU) XXX/XXX [Screening Regulation]21 or the examination of the application it becomes apparent that an applicant is in need of special procedural guarantees and adequate support cannot be provided in the context of the procedure at the border, in accordance with Article 41(9)(b) of Regulation (EU) XXX/XXX [Asylum Procedure Regulation], the Member State concerned should not apply, or cease to apply, the emergency asylum management procedure at the border. _________________ 21 OJ C , , p. .
Amendment 55 #
2021/0427(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In accordance with Article 8(3)(d) of Directive XXX/XXX [Reception Conditions Directive recast], an applicant may be detained in order to decide, in the context of a procedure, on the applicant’s right to enter the territory. Article 8(2) of that Directive also provides that Member States may detain an applicant only, if other less coercive alternative measures – like restrictions to freedom of movement under its Article 7 – cannot be applied effectively. The rules and safeguards regarding detention set out in Directive XXX/XXX [Reception Conditions Directive recast], in particular those concerning unaccompanied minors, minors and their families should be respected. Alternatives to detention, such as restrictions in the freedom of movement in accordance with Article 7 of Directive XXX/XXX [Reception Conditions Directive recast], may be as effective as detention in a situation of instrumentalisation of migrants and should therefore be considered by the authorities, particularly for vulnerable persons as set out in Directive XXX/XXX [Reception Conditions Directive recast] and minors. In any case, if detention is applied and the guarantees and conditions for detention are not met or cannot be met at the border, the emergency asylum management procedure should not apply or should cease to apply, as foreseen in Article 41(9)(d) of Regulation (EU) XXX/XXX [Asylum Procedure Regulation].
Amendment 58 #
2021/0427(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In a situation of instrumentalisation of migrants, it should be possible for the Member State concerned to register applications for international protection within an extended period of four weeks. In addition, it should be possible to examine applications for international protection at the border for a maximum duration of sixteen weeks. If the decision on the application, including a decision on a possible appeal against a negative decision, which should not have automatic suspensive effect, is not taken within the sixteen weeks, entry to the territory should be granted, unless the person is subject to the return procedure. These procedural timelines are conceived to help the Member State concerned to deal with the situation of instrumentalisation of migrants. When confronted with such a situation, the Member State concerned need to divert resources to manage the third country nationals arriving at its borders or that are already present in its territory. As a result, in such situations, the Member State concerned may need time to reorganise their resources and increase their capacity, including with the support of the EU agencies and the solidarity measures of Member States. Furthermore, the number of applicants under the border procedure will be higher than under normal circumstances, and therefore the Member State facing a situation of instrumentalisation may need more time to be able to take decisions without allowing entry into the territory. However, the Member State concerned should prioritise the registration of applications of well- founded cases, vulnerable persons and unaccompanied minors and minors and their family members.
Amendment 59 #
2021/0427(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Any violent acts at the border must be avoided at all costs, not only to protect the territorial integrity and security of the Member State facing a situation of instrumentalisation but also to ensure the security and safety of the third-country nationals or stateless persons, including families and children that are awaiting their opportunity to apply for asylum in the Union peacefully. Where the Member State concerned is confronted at its external border with violent actions, including in the context of attempts by third country nationals to force entry en masse and using disproportionate violent means, the Member State concerned should be able to take the necessary measures in accordance with their national law to preserve security, law and order, and ensure the effective application of this Regulation.
Amendment 62 #
2021/0427(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to complement and ensure full coherence with the emergency asylum management procedure at the external border, the competent authorities of the Member State facing a situation of instrumentalisation of migrants should be provided with the necessary flexibility to carry out return procedures, following the application of an emergency asylum management procedure. For this reason, in a situation of instrumentalisation, the Member State concerned should be allowed to derogate from the application of Directive XXX/XXX [Return Directive recast]22 in relation to third-country nationals and stateless persons whose application for international protection was rejected in the context of an emergency asylum management procedure as set out in this Regulation. Where a subsequent application is made merely to delay or frustrate the return, it is possible for Member States to apply the rules set out in Articles 42 and 43 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation]. The rules set out in this Regulation are without prejudice to the possibility for Member States to derogate from the application of Directive XXX/XXX [Return Directive recast] by virtue of Article 2(2)(a) of that Directive, in relation to illegally staying third-country nationals or stateless persons apprehended in connection with the irregular crossing by land, sea or air of the external border of a Member State and who have not subsequently obtained an authorisation or right to stay in that Member State. _________________ 22 OJ C , , p. .
Amendment 66 #
2021/0427(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In case of instrumentalisation of migrants, the Member State facing a situation of instrumentalisation should have the possibility to request from other Member States support and solidarity measures that are most suited to its needs to manage the instrumentalisation situation. The support and solidarity measures could take all forms to address the situation of instrumentalisation, includingmay include relocation, capacity- building measures, support for return and support on the external dimension of the crisis and measures aimed at responding to instrumentalisation situation through cooperation with third countries or outreach to third countries whose nationals are being instrumentalised.
Amendment 68 #
2021/0427(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The other Member States which are not themselves facing a situation of instrumentalisation should be invited to contribute for the benefit of a Member State facing a situation of instrumentalisation by means of support and solidarity measures corresponding to the needs identified. When providing solidarity Member States should prioritise the relocation of vulnerable persons. The Commission should coordinate those support and solidarity measures as soon as possible after receiving the request from the Member State facing a situation of instrumentalisation.
Amendment 72 #
2021/0427(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation provides for specific rules temporarily derogating from those set out in Regulation (EU) XXX/XXX [Asylum Procedure Regulation], Directive (EU) XXX/XXX [Reception Conditions Directive recast] and Directive (EU) XXX/XXX [Return Directive recast] that may be applied by and Directive 2008/115/EC that a Member State in a situation of instrumentalisation of migrants as defined in [Article 2(27)] of the Schengen Borders Codmay seek authorisation to and, if granted, apply where wthey are necessary forand proportionate to responding to such a situation. It also provides for specific rules on support and solidarity measures that may be takenrequested and provided for in such situation.
Amendment 74 #
2021/0427(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
For the purposes of this Regulation the following definition shall apply: 'instrumentalisation of migrants' means a situation where a third country actively facilitates the movement of a comparatively large number of third country nationals, onto or from within its territory, to the external borders of the Union or to a Member State, where the aim of such actions is evidently to destabilise the Union or a Member State and where it can be demonstrated that such actions put at risk essential functions of a Member State, including the maintenance of law and order or the safeguarding of its national security.
Amendment 75 #
2021/0427(COD)
Proposal for a regulation
Chapter II – title
Chapter II – title
II EmergencTemporary migration and asylum procedure in response to a situation of instrumentalisation of migrants
Amendment 76 #
2021/0427(COD)
Proposal for a regulation
Article 2 – title
Article 2 – title
Amendment 77 #
2021/0427(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. In a situation of instrumentalisation of migrants as referred to in Article 1, the Member State faced with thea comparatively large number of arrival of third-country nationals or stateless persons at its external border as a direct consequence of such situation may, in accordance with the procedure laid down in Article 7, seek authorisation to apply, in relation to third-country nationals or stateless persons who are apprehended or found in the immediate proximity of the external border with the third country instrumentalising migrants in connection with an unauthorised crossing or who have presented themselves at border crossing points, one or more of the following derogations, in accordance with the procedure laid down in Article 6temporary, in limited and well-defined derogations:
Amendment 78 #
2021/0427(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – introductory part
Article 2 – paragraph 1 – point a – introductory part
(a) by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation], and for a maximum period of the initial period of validity of the implementing act referred to in Article 7, register applications for international protection made within theat period during which this point is applied no later than four weeks afterno later than four weeks after the application is made. In line with Article 16(1) of the Reception Conditions Directive, the applicant should benefit from rights under the recast Reception Conditions Directive as soon as he or she has made an application, regardless of when the registration of theat application is madtakes place.
Amendment 81 #
2021/0427(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – paragraph 1
Article 2 – paragraph 1 – point a – paragraph 1
Where applying this derogation, the Member State concerned shall prioritise the registration of applications likely to be well-founded and, those of unaccompanied minors and, those of minors and their family members, and those of persons with special reception or procedural needs.
Amendment 82 #
2021/0427(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) by way of derogation from Article 41(2)(a) and (b) and Article 41(5) of Regulation (EU) XXX/XXX [amended Asylum Procedure Regulation], decide at their borders or transit zones on the admissibility and on the merits of alln applications registered within the period during which this point is applied where the applicant is of a nationality, or, in the case of stateless persons, is a former habitual resident of a third country, for which the proportion of decisions granting international protection by the determining authority is —according to the latest available yearly Union-wide average Eurostat data— 30% or lower, taking into account the rapidly evolving protection needs that may take place in the country of origin as reflected in the quarterly updates of Eurostat data.
Amendment 84 #
2021/0427(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b – paragraph 1
Article 2 – paragraph 1 – point b – paragraph 1
Where applying this derogation, the Member State concerned shall prioritise the examination of applications for international protection likely to be well- founded and those lodged by unaccompanied minors and minors and their family membersnot apply the border procedure to unaccompanied minors, minors and their family members, applicants with special reception needs in accordance with the Reception Conditions Directive and those with special procedural needs in accordance with the Asylum Procedure Regulation, and where there are medical reasons for not applying the border procedure.
Amendment 86 #
2021/0427(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Where applying this Article, the principles and guarantees of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] shall apply in particular: (a) Member States shall take into account the best interest of the child as well as respect the protection of their family life. (b) An applicant for international protection shall not be held in detention for the sole reason that he or she is seeking international protection.Detention may only be used as an exceptional measure of last resort when it proves necessary and on the basis of an individual assessment of each case, and if other less coercive alternative measures cannot be applied effectively.Children, families with children and applicants with special reception needs shall not be detained. (c) An appeal against a negative decision under a border procedure shall have automatic suspensive effect.
Amendment 87 #
2021/0427(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 89 #
2021/0427(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
In a situation of instrumentalisation of migrants, and in accordance with the procedure laid down in Article 6, the Member State faced with the arrival of third-country nationals or stateless persons at its external border as a consequence of a situation of instrumentalisation of migrants mayat situation shall, in respect of third-country nationals or stateless persons who do not fulfil the conditions of entry and whose applications were rejected in the context of the emergency asylum management procedure at the border in accordance with Article 2(1) points (b) and (c), and who have no right to remain and are not allowed to remain, decide not to apply 41a of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] and Directive XXX/XXX [Return Directive recast]. Where resorting to this derogation, t. The Member State concerned shall:
Amendment 91 #
2021/0427(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 93 #
2021/0427(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) capacity-building measures in the field of asylum, and reception and return;
Amendment 94 #
2021/0427(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(a a) relocation of applicants for international protection and of beneficiaries of international protection in accordance with Articles 57 and 58 of Regulation XXX/2024 [Asylum and Migration Management Regulation]
Amendment 95 #
2021/0427(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) operational support in the field of asylum, and reception and return;
Amendment 96 #
2021/0427(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 97 #
2021/0427(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
Amendment 105 #
2021/0427(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. A Member State faced with the arrival of third-country nationals or stateless persons at its external border as a consequence of a situation of instrumentalisation of migrants, may request the authorisation to apply the derogations provided for in Articles 2, 3 and 4 and request the application of the solidarity measures provided for in Article 5.
Amendment 108 #
2021/0427(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Council Implementing Decision referred to in paragraph 3 shall set the date from which the rules laid down in Articles 2, 3 and 4 may be applied, as well as the time period for their application, which shall not exceed an initial period of sixthree months.
Amendment 110 #
2021/0427(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5 a. A Member State which, at the end of the period of application of the specific derogations provided for in Articles 2 and 4, considers that the conditions for requesting a new application of the derogations provided for in this Regulation, as well as of the solidarity measures, are still met, may only submit one further request. Any new Council Implementing Decision referred to in paragraph 3 shall not exceed a period of three months.
Amendment 17 #
2021/0227(BUD)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that EFCA budget should also assure the necessary means to assist the uniform implementation and organisation of the operational coordination of control activities by Member States for the implementation of specific control and inspection programmes, control programmes related to IUU fishing and international control and inspection programmes, including in Regional Fisheries Management Organisations convention areas such as NAFO, IOTC and others;
Amendment 18 #
2021/0227(BUD)
Draft opinion
Paragraph 12
Paragraph 12
12. Stresses that generational renewal is one of the European fishing sector’s priorities; invites Member States to draw on the EMFAF to finance the introduction of programmes specifically designed to help young people to take up careers in fisheries, to make the sector more diverse and to encourage people from under- represented groups, particularly women, to join the sector; highlights that generational renewal can contribute to the achievement of Green Deal objectives, since younger generations are more prepared and open to the green and digital transitions, which are fundamental for the sector;
Amendment 22 #
2021/0213(CNS)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22 a) In order to achieve the emission reduction targets set by the Union for 2030 and the climate neutrality objective for 2050 at the latest, it is necessary to reduce GHG emissions in all sectors, moving towards a fiscal framework that penalises fossil fuels and encourages the switch to clean fuels. This urgent change must be made, however, taking into account the availability of alternatives in each of the affected sectors.
Amendment 24 #
2021/0213(CNS)
Proposal for a directive
Recital 22 b (new)
Recital 22 b (new)
Amendment 27 #
2021/0213(CNS)
Proposal for a directive
Recital 23
Recital 23
(23) Fuel used for waterborne navigation, including fishing, should also be taxed, and the Member States party to international agreements providing for the exemption of that fuel, have to, by the date of the application of this Directive, ensure they eliminate the incompatibilities. It is necessary to allow for a different level of taxation to be applied to the use of energy products and electricity for intra-EU waterborne regular service navigation, fishing and freight transport and their respective at berth activities. Considering the specificity of those uses, the minimum levels of taxation should be lower than the ones applicable to general motor fuel use. In order to provide an incentive to the use of sustainable alternative fuels and electricity, such fuels and electricity should be exempted from taxation for ten years. Energy products and electricity used for the remaining intra-EU waterborne navigation should be subject to the standard levels of taxation applicable to motor fuels and electricity in the Member States.
Amendment 35 #
2021/0213(CNS)
Proposal for a directive
Recital 24
Recital 24
(24) For extra-EU air navigation, without prejudice to international obligations, and for extra-EU waterborne navigation, including fishing, Member States may exempt or apply the same levels of intra-EU taxation, according to the type of activity.
Amendment 44 #
2021/0213(CNS)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13 a In addition to the general provisions set out in Directive 92/12/EEC on exempt uses of taxable products, and without prejudice to other Union provisions, Member States shall exempt energy products supplied for use as fuel for a fishing vessel within Union waters and electricity produced on board a fishing vessel, from taxation under conditions which they shall lay down for the purpose of ensuring the correct and straightforward application of such exemptions and of preventing any evasion, avoidance or abuse. For the purposes of this Article, ‘fishing vessel’ shall mean any vessel as defined in point (4) of Article 4 of Regulation (EU) 1380/2013 of the European Parliament and the Council.
Amendment 49 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. Without prejudice to Article 5, Member states shall apply, as a single use, under fiscal control not less than minimum levels of taxation as set out in Tables B and D of Annex I to energy products supplied for use as fuel to vessels, and to electricity used directly for charging electric vessels, for the purposes of intra-EU waterborne regular service navigation, fishing and freight transport.
Amendment 57 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – point e a (new)
Article 16 – paragraph 1 – point e a (new)
(e a) energy products supplied for use as fuel for fishing vessels on inland waterways, and electricity produced on board a fishing vessel; For the purposes of this Article, ‘fishing vessel’ shall mean any vessel as defined in point (4) of Article 4 of Regulation (EU) 1380/2013 of the European Parliament and the Council.
Amendment 4 #
2020/2260(INI)
Draft opinion
Citation 2 a (new)
Citation 2 a (new)
- having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy of 11 December 2013,
Amendment 6 #
2020/2260(INI)
Draft opinion
Citation 2 b (new)
Citation 2 b (new)
- having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the common fisheries policy,
Amendment 9 #
2020/2260(INI)
Draft opinion
Citation 2 c (new)
Citation 2 c (new)
- having regard to the proposal for a Regulation of the European Parliament and of the Council amending Council Regulations (EC) No 1224/2009, (EC) No 768/2005, (EC) No 1967/2006, (EC) No 1005/2008 and Regulation (EU) No 2016/1139 of the European Parliament and of the Council as regards fisheries control (COM(2018)368),
Amendment 12 #
2020/2260(INI)
Draft opinion
Citation 2 d (new)
Citation 2 d (new)
- having regard to Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products,
Amendment 15 #
2020/2260(INI)
Draft opinion
Citation 2 e (new)
Citation 2 e (new)
- having regard to Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning,
Amendment 16 #
2020/2260(INI)
Draft opinion
Citation 2 f (new)
Citation 2 f (new)
- having regard to Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive),
Amendment 17 #
2020/2260(INI)
Draft opinion
Citation 2 g (new)
Citation 2 g (new)
- having regard to the European Parliament resolution of 30 May 2018 on the implementation of control measures for establishing the conformity of fisheries products with access criteria to the EU market (2017/2129(INI)),
Amendment 18 #
2020/2260(INI)
Draft opinion
Citation 2 h (new)
Citation 2 h (new)
- having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘EU Biodiversity Strategy for 2030: Bringing nature back into our lives’,
Amendment 19 #
2020/2260(INI)
Draft opinion
Citation 2 i (new)
Citation 2 i (new)
- having regard to Scientific Opinion No 3/2017, ‘Food from the Oceans - How can more food and biomass be obtained from the oceans in a way that does not deprive future generations of their benefits?’,
Amendment 22 #
2020/2260(INI)
Draft opinion
Recital A
Recital A
A. whereas the fishery and aquaculture sectors are an integral part of the EU food system, and whereas the resilience and sustainable development of the EU food systemse sectors depends on the work of European fishers and fish farmers, as they play a key role in supporting the economic and social dimension of coastal and many inland communities;
Amendment 24 #
2020/2260(INI)
Draft opinion
Recital A
Recital A
A. whereas the resilience and sustainable development of the EU food system depends, insofar as it corresponds to them, on the work of European fishers and fish farmers, as they play a key role in supporting the environmental, economic and social dimension of coastal and many inland communities;
Amendment 27 #
2020/2260(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the EU fisheries, aquaculture and processing sectors subscribe to the highest standards, but there is a need for review and approval to ensure environmental and social sustainability throughout the entire value chain, including labour rights and animal health and welfare, and whereas those sectors provide high-quality seafood products, thereby playing a fundamental role in the food security and nutritional well-being of the population; whereas it is therefore of the utmost importance to achieve a fisheries model that reflects the balance between the three key dimensions (environmental, social and economic) proposed in the 2030 Agenda for Sustainable Development and its 17 goals;
Amendment 30 #
2020/2260(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the unprecedented public health crisis brought about by the COVID-19 pandemic will have repercussions for trade and the market, and has come as a serious blow to fishers throughout Europe; whereas, despite the health risks and the low price of fish, European fishers have continued to work, identifying themselves as key workers;
Amendment 38 #
2020/2260(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas fishing is a victim rather than a cause of climate change, as demonstrated by the many natural phenomena, such as the increase in water temperature, which have had, and will continue to have, an extremely negative impact on the profitability of the sector;
Amendment 44 #
2020/2260(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas fish caught in the wild is the source of animal protein that has by far the smallest carbon footprint; whereas, compared with other animal proteins, fish caught in the wild has the lowest environmental impact as it lives in the wild and does not require any land, artificial feeding, water supply, antibiotics or pesticides, and it is therefore the best combination for European citizens in terms of food security and climate protection;
Amendment 53 #
2020/2260(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas efficient science-based fisheries management founded on ambitious, internationally agreed management targets have meant that the European fisheries sector is a global leader in terms of sustainability; whereas the sector has for a long time helped to provide European consumers with high quality products that meet high nutrition and food safety standards;
Amendment 58 #
2020/2260(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
Ae. whereas EU consumers are showing an increasing interest in the country of origin of fishery products and their traceability throughout the food chain; whereas the existing EU legislation does not require origin to be stated on the final prepared or preserved product; whereas the information on traceability is thus lost in the food value chain;
Amendment 62 #
2020/2260(INI)
Draft opinion
Recital A f (new)
Recital A f (new)
Af. whereas the current marketing standards apply to 75% of landings in the EU, but to less than 10% of fishery products imported from third countries; whereas this creates unfair competition for the EU fishing fleet;
Amendment 65 #
2020/2260(INI)
Draft opinion
Recital A g (new)
Recital A g (new)
Ag. whereas one of the objectives of the common fisheries policy is to help to supply the EU market with highly nutritional food and to reduce the EU market’s dependence on food imports from third countries; whereas the current pandemic has made it even more apparent that the EU needs to be able to fully guarantee food security for its citizens and reduce its reliance on food imports from third countries;
Amendment 67 #
2020/2260(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. ExpressesStresses that the common fisheries policy and European ocean governance are an integral part of the EU system and food supply chain, which interact closely with the European health and environment pillars at the core of the Farm to Fork Strategy; expresses, therefore, disappointment at the lack of prominence and ambition of the fisheries and aquaculture sector in the Farm to Fork Strategy; stresses that the current strategy should instead be integrated with a cross- cutting approach to fishing that considers the main EU legislation on the subject, in the light of the objectives it contains, taking due account of the three pillars of sustainable development: social, economic and environmental;
Amendment 70 #
2020/2260(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. EWelcomes the fact that the fisheries and aquaculture sector has been included in the Farm to Fork Strategy; expresses disappointment, nevertheless, at the lack of prominence and ambition in the contribution and potential of the fisheries and aquaculture sector in the Farm to Fork Strategyas regards ensuring that the future food system is fairer, healthier and more respectful of the environment;
Amendment 75 #
2020/2260(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Regrets that whilst the Strategy rightly highlights the role of farmers as ‘custodians of the land’, it does not give the same recognition to small-scale traditional fishing, whose fishers are the backbone of the European fishing industry and who have, for some time, been at the forefront of achieving the Strategy’s objectives; whereas European fishers should be regarded and recognised as the true ‘custodians of the sea’ and have a key role to play in achieving the Strategy’s objectives;
Amendment 77 #
2020/2260(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the importance of ensuring coordination and mutual support between all Green Deal initiatives, and between the objectives of the Union and the Member States in relation to food security, climate change, marine natural resources, sustainable fisheries management, and so on;
Amendment 80 #
2020/2260(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Welcomes the Commission’s recognition of key workers during the COVID-19 pandemic; stresses that fishery workers, not just agri-food sector workers, fall under this category; calls on the Commission, therefore, to step up efforts to improve the position of European fishers in the value chain by enhancing workplace health and safety, guaranteeing them a decent wage and protecting their freedom of movement, especially in times of crisis;
Amendment 83 #
2020/2260(INI)
1c. Stresses that, in order to fully and effective achieve the Strategy’s objectives, an extensive preliminary socio-economic impact assessment is needed to consider all possible repercussions of the proposed measures on EU coastal communities and on the productivity and competitiveness of EU fisheries; stresses, further, that the transition to a sustainable model of production and consumption should happen gradually and in a manner that is commensurate with the EU fishing industry’s capabilities;
Amendment 84 #
2020/2260(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Stresses that the agreement of the fisheries sector should, in particular, be a necessary part of fully achieving the objectives of the Strategy and correctly applying its rules; expresses its disappointment, in this regard, at the Strategy’s total failure to mention any involvement of representatives from the sector in institutional forums or a bottom- up approach that fully involves European fishers in drawing up the rules that they have to apply;
Amendment 85 #
2020/2260(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Stresses that very often the transposition of fair and acceptable principles risks turning into onerous and excessive practices that are difficult for fishers to apply without ever really achieving the objectives that these principles set out to achieve; stresses, therefore, that the proposals in the Strategy should not pose an excessive financial and bureaucratic burden for operators in the fisheries sector;
Amendment 86 #
2020/2260(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Agrees with the Commission on the need to ensure that the key principles enshrined in the European Pillar of Social Rights are respected, especially with regard to precarious, seasonal and undeclared workers; stresses, to this end, that practical steps should be taken in order to meet this need, through greater cooperation with Community bodies for social dialogue, such as the EU Sectoral Social Dialogue Committee for Sea Fisheries (EUSSDC), when drawing up legislative initiatives to achieve the Strategy’s objectives;
Amendment 88 #
2020/2260(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that promoting healthy and sustainable diets should privilege EU fisheries and aquaculture products, as they are an importantthe source of protein with the smallest carbon footprint and a crucial component of a healthy diet and also highlight the value of the work of fishers and women in the sector, and of aquaculture; notes that the ecological transition of food systems generally and fisheries in particular should take place in a way that ensures a fair income for the fisheries sector, strengthening its position in the value chain by grouping it into guilds, cooperatives, associations or other organisations, and conducting appropriate monitoring within the framework of the Directive on unfair trading practices;
Amendment 98 #
2020/2260(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises the need to move towards intelligent integration of global, regional and local food systems, promoting short channels in the fisheries value chain in order to improve food security, in accordance with the principles of the European single market;
Amendment 110 #
2020/2260(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s planned assessment of the CFP, due by 2022, with ahich will need to focus on the risks triggered by climate change for the sustainability of species; calls for this evaluation to be followed up with legislative proposals to adapt the CFP to the new challenges facing the fisheries sector and to address any shortcomings that prove to be significant;
Amendment 112 #
2020/2260(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s assessment of the CFP, due by 2022, with a focus on the risks triggered by climate change for the sustainability of species; agrees with the proposal to draw up an emergency plan to ensure the EU’s food supply and food safety in the event of future crises;
Amendment 122 #
2020/2260(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the announced new EU Strategic Guidelines on Aquaculture and emphasises the fundamental role of this sector and the need for its development; urges the Commission and Member States to ensure that the plans for the sustainable development of aquaculture take into account the main barriers to development of the sector’s potential and recognise the need to allocate space to this sector through appropriate spatial planning; stresses that the development of aquaculture requires a solid, reliable and clear legal framework in relation to the use of space and licenses, and one that provides confidence and security for investments in the sector;
Amendment 123 #
2020/2260(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the announced new EU Strategic Guidelines on Aquaculturefor the sustainable development of EU aquaculture 2021 – 2030 and requests member states and the European Commission to work on to effectively address the challenges as sustainable aquaculture development is a cornerstone in ensuring self-sufficiency of healthy food;
Amendment 127 #
2020/2260(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the urgent need for a food traceability system in the EU that enhances the sustainability of the fisheries and aquaculture sectors and that responds to consumer demands by providing information on where, how and what fish has been caught, primarily to improve food safety but also to enable checks throughout the chain and to combat illegal, unregulated and undocumented fishing; believes that this system should involve all actors in the value chain so that they can collaborate with each other, using simple digital systems that are easy to use and transfer and that do not entail excessive costs for operators, especially small businesses;
Amendment 128 #
2020/2260(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the Commission’s intention to support green business models, such as those based on carbon sequestration, in order to make supply chains more sustainable; stresses, in this regard, that certain aquaculture practices, such as mussel or oyster farming, can be a successful model for the future in the context of the CO2 trading system, and calls on the Commission to invest in this type of green business in the context of the Strategy’s objectives;
Amendment 131 #
2020/2260(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasizes the importance to recognize and adequately support forms of environmentally friendly aquaculture such as algae, shellfish or integrated multitrophic pond fish farming as important parts of circular economy and net contributors to excess nutrient transformation in high quality protein;
Amendment 134 #
2020/2260(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Welcomes the Commission’s intention to take action to accelerate the market deployment of energy efficiency solutions in the agriculture and food sectors; stresses, in this regard, that such actions should also take the aquaculture sector into account in order to deploy all potential forms of energy production involved in these types of farming and to promote a zero-consumption production system;
Amendment 136 #
2020/2260(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Welcomes the Commission’s intention to promote organic production systems; stresses, in this regard, that in contrast to organic agriculture, organic aquaculture still has ample untapped potential for development, and it is therefore necessary to invest even greater resources in its growth;
Amendment 137 #
2020/2260(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Stresses the fact that all too often organic products are put in a price bracket that is beyond the reach of most European consumers; stresses, therefore, the need to establish a fair price system at EU level for organic products so that they are no longer the privilege of a few, but can form the basis of healthy eating for all;
Amendment 138 #
2020/2260(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Welcomes the Commission’s willingness to place a greater focus on investing in technology and green and digital practices, but expresses disappointment at the lack of any mention of fisheries and the aquaculture sector; stresses the urgent need to support fishers and actors in the fish product supply chain in the transition to more digital practices by investing heavily in training, and financing for digitisation and conversion to ‘green’ practices and tools;
Amendment 140 #
2020/2260(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Requests that the Commission and the Member States improveHighlights the importance of improving and streamlining the labelling of all fisheries products at EU level, whether fresh, frozen, processed or from aquaculture, marketed in restaurants and through retailers to allow traceability from the place of origin; stresses that this step will enhance the value of sustainable products and protect consumer rights; stresses that, to this end, the labelling must be objective, based on scientific data, non-discriminatory with regard to the actual nutritional value of the foods and able to provide exhaustive and specific information on the nutrients in the product based on the reference intakes of the average consumer, without misleading and influencing purchasing choices, in accordance with Regulation (EU) No 1169/2011;
Amendment 142 #
2020/2260(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Requests that the Commission and the Member States improve the labelling of all fisheries products, whether fresh, frozen, processed or from aquaculture, marketed in restaurants and through retailers, to meet the consumers’ demands by offering information on origin, gear used and species caught, and to allow traceability from the place of origin; stresses that this step will enhance the value of sustainable products and protect consumer rights;
Amendment 147 #
2020/2260(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that a double standard between products from the EU and third countries could put EU fisheries at a competitive disadvantage in the absence of a global convergence of sustainability standards; stresses, to this end, that the labelling and traceability rules for EU products should also be applied to imported products; stresses, moreover, the need to change the current legislation which allows EU and third country products to be combined in production lines without having to declare the origin of the final product;
Amendment 148 #
2020/2260(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the need for a coordinated approach to ensure consistency between the various initiatives aimed at improving consumer information and the implementation of appropriate impact assessments, comparing the costs and benefits of different policy options pursuing similar objectives, in order to prioritise those that are most efficient;
Amendment 152 #
2020/2260(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the European Commission to put forward a proposal for a revision of Article 35 of the Common Market Organisation (CMO) Regulation, so that the mandatory provisions for consumer information can be extended to prepared or preserved fish, crustaceans, molluscs and caviar (in accordance with codes 1604 and 1605 of the Integrated Tariff of the European Union (TARIC)) and can guarantee fair competition;
Amendment 154 #
2020/2260(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Welcomes the Commission’s intention to support the implementation of the rules on misleading information as regards the sustainability of food products and to develop an EU sustainable food labelling framework;
Amendment 157 #
2020/2260(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Stresses that information on the sustainability of food products must be science-based, transparent and supported by rigorous independent verification; requests that the Commission consider environmental statements that meet robust, internationally recognised criteria, such as ISO 14024, and that are based on a full life cycle assessment rather than focusing on a single part of sustainability;
Amendment 160 #
2020/2260(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to continue to promote the responsible exploitation of fisheries resources an; stresses, in this regard, that EU fisheries have already made significant efforts to meet the objectives for sustainable exploitation of stocks by significantly reducing the fleet and fishing days, despite the significant sacrifices involved, in order to ensure that their fishing activity is sustainable both in terms of catches and in terms of the environmental impact on the marine ecosystem; stresses that any further restrictive measures could seriously jeopardise the survival of the sector and, in particular, the survival of small-scale traditional fishing; calls, therefore, for any further action to be accompanied by a thorough and comprehensive analysis of the socio-economic impact on the sector and on coastal communities; stresses the need to combat IUU fishing by strengthening the policy of sustainable fisheries agreements with non- EU countries for European vessels providing quality products;
Amendment 164 #
2020/2260(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that, in order to ensure the safety of imports of fishery products and protect consumers, trade agreements concluded with third countries should include chapters on sustainable fishing that are in line with the EU’s sustainable development policies, the common fisheries policy and the provisions of the IUU Regulation; stresses that the EU should continuously monitor the efforts to combat IUU fishing put in place by third countries that have been granted preferential tariffs for fishery and aquaculture products; stresses that it is essential for the EU to make full use of the instruments at its disposal in accordance with the IUU Regulation, including the ‘red card’, if a country that has been granted preferential tariffs fails to comply with the EU requirements in terms of labour rights and sustainable fisheries;
Amendment 166 #
2020/2260(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Whereas European Union fisheries, aquaculture and processing sectors already apply high environmental and social standards and since these standards will be revised in order to provide higher quality fishery products, it is of the utmost importance to apply the reciprocity principle for fishery products entering the European Union market from the third countries and to ban the products resulting from IUU fishing;
Amendment 175 #
2020/2260(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines the importance of EMFAF in sustaining and modernising the sector, favouring generational renewal, and promoting the active participation of women, associations, including guilds (‘cofradías’), producer organisations and the retail sector; welcomes the Commission’s intention to invest in research, innovation and technology, and stresses that the new EMFAF should also be used to support research and innovation programmes and projects aimed at reducing food waste and to promote a sustainable food system; stresses, moreover, the need to integrate the current European research and innovation programmes with the Farm to Fork and Biodiversity 2030 Strategies and with the new EMFAF, in order to maximise potential synergies between different sectors;
Amendment 177 #
2020/2260(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines the importance of EMFAF in sustaining and modernising the sector, favouring generational renewal, and promoting the active participation of women, associations, including guilds (‘cofradías’), producer organisations and the retail sector; calls on the Commission and the Member States to promote and create incentives for the digital transformation of the sector in all links of the value chain for fisheries and aquaculture products;
Amendment 183 #
2020/2260(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Reiterates the need for all food products marketed in the EU to comply with the same level of stringency in relation to environmental and social sustainability requirements; urges the Commission and the Member States to require that all EU trade agreements include conditionality for sustainable production standards, particularly from the point of view of traceability of fishery products and standards relating to animal welfare, social requirements and environmental sustainability;
Amendment 193 #
2020/2260(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. RWelcomes the Commission’s intention to give consumers the necessary tools to make informed, healthy and sustainable food choices; recommends that appropriately funded, far-reaching and effective dedicated awareness campaigns aimed at consumers be launched in order to bolster fish consumption, highlight the properties and benefits of fish products, and help consumers to choose wisely when buying fresh fish products; stresses, moreover, that these campaigns should be promoted by working closely with trade associations and specific professional bodies, such as nutritionists, doctors and paediatricians, in order to take targeted and effective action to help European consumers.
Amendment 194 #
2020/2260(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Recommends that appropriately funded dedicated campaigns aimed at consumers be launched to bolster fish consumption; calls on the Commission and the Member States to implement initiatives to reduce food waste and rubbish coming from EU fish and seafood markets.
Amendment 200 #
2020/2260(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Criticises the fact that the Strategy fails to mention any of the problems derived from polluting EU seas with microplastics and nanoplastics, which pose a worrying threat to the health of European consumers; stresses the need to step up research and data collection concerning the impact of marine litter, nanoplastics and microplastics on fishery resources and human health, while promoting actions to raise awareness among European consumers of the problem of plastic pollution;
Amendment 203 #
2020/2260(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Requests that the Commission develop guidelines on digital tools for consumer information, on information transmitted through all links in the value chain, including existing platforms, with the aim of promoting interoperability and improving the efficiency of existing systems.
Amendment 204 #
2020/2260(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Emphasises the need to include small scale fisheries in local food chains in order to strengthen their position in the food chain in such a way to ensure them a fair income; stress the need to bring them together in associations, cooperatives, producers organisation to have a better negotiating position in relation with the markets suppliers.
Amendment 207 #
2020/2260(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Emphasises the need for a harmonised EU legal framework to develop a mandatory front-of-pack nutrition labelling system at EU level, based on independent scientific evidence; urges the Member States to support the implementation of the future EU nutritional profiling system and to refrain from unilateral actions that could hinder harmonisation of the European Commission’s efforts; calls on the Commission to consider the need to include changes in the algorithm for creating these nutritional profiles so that the presence of omega-3 is positively taken into account and the ratio of saturated to unsaturated fats is considered when attributing penalty points.
Amendment 210 #
2020/2260(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Welcomes the European Commission’s commitment to combating food waste as a pillar of a genuinely sustainable food system; highlights that the fisheries and aquaculture sector should be fully involved in the implementation of this objective.
Amendment 213 #
2020/2260(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Stresses that, in order to fully adhere to the European circular economy and food waste reduction objectives, virtuous behaviour such as reusing fishery products that have been caught and that fall below the minimum conservation reference size for which there is a ban on discards, should also be promoted and encouraged in fisheries.
Amendment 216 #
2020/2260(INI)
Draft opinion
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Stresses that in the aquaculture sector it has long been common practice to reuse unused (or usable) animal products for human consumption; points out that, in the interests of a circular economy, considerable investment is needed to create synergies between aquaculture and food waste, and to support virtuous processes in the interests of a circular economy in order to reuse aquaculture waste (such as algae) for feeding fish.
Amendment 23 #
2020/2255(INL)
Motion for a resolution
Citation 47 a (new)
Citation 47 a (new)
— Whereas a number of Member States have launched new “Digital Nomad Visas” which aim at facilitating the residence of remote workers or remote self-employed persons;
Amendment 26 #
2020/2255(INL)
Motion for a resolution
Citation 47 b (new)
Citation 47 b (new)
— Whereas Covid19 has transformed the way the world works and in lieu has created a situation for many European workers and self-employed persons to work remotely;
Amendment 27 #
2020/2255(INL)
Motion for a resolution
Citation 47 c (new)
Citation 47 c (new)
Amendment 79 #
2020/2255(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the creation of a Union-wide talent pool for third-country nationals who wish to apply for work with a view to migrating legally to a Member State, as well as for employers to search for potential employees in third countries, would be an essential tool for achieving the purpose of the proposed act and calls on the Commission to include the creation of such a talent pool in its proposal and create a framework for the validation and recognition of skills and qualifications, based on objective and uniform criteria;
Amendment 87 #
2020/2255(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the Commission’s statement in its communication of 23 September 2020 on a New Pact on Migration and Asylum regarding the enhancement of short-term mobility as a complement to legal pathways, especially for the purposes of research or study in order to improve upstream cooperation with third countries, for example to stem irregular migratory flows, and asks the Commission to explore this direction further;
Amendment 98 #
2020/2255(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes Directive (EU) 2021/...15 , but considers it insufficient due to the fact that the labour markets of the Union are also in need of low- and medium-skilled workers; calls, therefore, on the Commission to include in its proposal an admission scheme for low- and medium- skilled third-country workers, including the creation of a framework for the validation and recognition of their skills and qualifications, based on objective and uniform criteria; _________________ 15EUT number of 2016/0176 COD to be inserted.;
Amendment 106 #
2020/2255(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Union is in need of more self-employed people and entrepreneurs in order to remain competneeds to boost its culture of entrepreneurship to remain relevant and competitive in the global market, increasing the economy’s agility, robustness, stability, and growth while creating new economic activity and employment opportunitives; calls on the Commission to include in its proposal an admission scheme for entry and residence of self- employed people and entrepreneurs, in particular those whorking to establish small and medium- sized enterprises and start-ups, based on objective and uniform criteria;
Amendment 110 #
2020/2255(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recognises that the increased emergence of gig work over the past years has however resulted in the major exploitation of workers who are often forced to declare themselves as self- employed persons rather than employees of a business and that this is not only detrimental to the rights of workers themselves but in consequence devalues the notion of “self-employed persons”; welcomes the Commission’s intention to present a proposal for a legislative initiative to improve the working conditions of platform workers by the end of 2021, as announced in the European Pillar of Social Rights Action Plan and preceded by a two-stage consultation of the social partners; Emphasises that any proposal in this regard must seek to combat the exploitation of platform and gig workers as consequences of the misclassification of platform workers as self-employed persons;
Amendment 112 #
2020/2255(INL)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Encourages the European Commission to evaluate different schemes across the European Union which cater to remote workers, such as so called “nomad visa schemes” and youth mobility schemes in order to attract more diverse talent to the European Union;
Amendment 124 #
2020/2255(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that one of the objectives of Directive 2011/98/EU is to simplify and harmonise the rules concerning permits currently applicable in the Member States, while also promoting equal treatment; further notes that this objective has not been fully achieved, with some of the provisions being implemented in different ways across the Union; requests the Commission to take the necessary steps to ensure that theall Member States implement thate Directive fully; furthermore considers that thate Directive should be amended to allow applications for a single permit to be lodged either from within both a Member State andor from a third country, and, that in order to reach a broader category of workers, the scope and the application of the Directive should be expanded; calls on the Commission to further simplify and harmonise the rules, to clearlyas well as to regulate the procedure for obtaining an entry visa so as to, thus avoiding applicants having to submit the documents needed to obtain a single permit twice, and to reduce dependency of workers from risks of exploitation; calls on the Commission to include such amendments in its proposal;
Amendment 133 #
2020/2255(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Requests that the Commission includes in its proposal the establishment of a transnational advisory service network, to be managed by the Commission, for legally migrating third- country workers, with each Member State designating a lead authority to process applications and to coordinate the advice and information provided to third-country nationals applying for work in the Union; insists that the lead authorities should be responsible for the sharing of information among Member States on third-country workerlabour migration rules and should act as contact points for the talent pool; asks that the lead authorities be responsible also for close coordination with one another with regard to applications lodged for a single permit to reside and work in accordance with Directive 2011/98/EU in order to avoid double submissions;
Amendment 135 #
2020/2255(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Encourages Member States to adopt a naming and shaming approach to enterprises which exploit third country nationals for human capital;
Amendment 149 #
2020/2255(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission to improve the regulation on private agencies involved in international recruitment;
Amendment 165 #
2020/2255(INL)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the European Commission to issue new proposals on the employment of asylum seekers while awaiting a decision on their asylum claim, thus reducing the negative impacts of forced inactivity until the finalisation of their asylum procedure;
Amendment 166 #
2020/2255(INL)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Encourages the European Commission to conduct a study on the issue of third country nationals turnover rates within the European Union, in order to better understand the reasons behind departure from a Member State within the first three years of arrival, resulting in a high cost base for employers, diminishing competitiveness and increasing the cost of living;
Amendment 167 #
2020/2255(INL)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Encourages the European Commission to conduct a study on the impact of increased economic migration into the Union on the housing market, with the aim of creating a set of recommendations that ensure the housing market is not disproportionately affected and remains affordable to all;
Amendment 171 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 1 – title
Annex I – Recommendation 1 – title
Recommendation 1 (on the establishment of a Union-wide talent pool for legally migrating third-country nationals)
Amendment 176 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 1 – indent 1
Annex I – Recommendation 1 – indent 1
- The European Parliament considers that the legislative act to be adopted should establish a Union-wide talent pool for third-country nationals who wish to apply for work in and migrate legally to a Member State, as well as for Union-based employers to search in third countries for potential employees, and should facilitate the admission and free movement of third- country workers. The European Parliament considers that such a Union-wide talent pool should establish synergies with the existing framework and the legislative act should therefore amend Regulation (EU) 2016/589 in order to expand the current scope of the EURES Portal, established by that Regulation;
Amendment 187 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 2 – indent 1
Annex I – Recommendation 2 – indent 1
- It is a pressing need for the Union to improve its attractiveness for all skilledallow the admission of third- country workers, not only for highly-across all skilled workerlevels. With the revision of the Directive (EU) [EU BLUE CARD], the Union has taken further steps to achieve that goal for highly-skilled third- country workers. However, it is imperative to achieve that goal for third- country workers in jobs considered to be low- and medium- skilled third-country workers in order to fill vacancies and improve matching on the Member States’ labour markets, further enhancing the Union’s economic competitiveness.
Amendment 192 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 2 – indent 2
Annex I – Recommendation 2 – indent 2
- To properly address that issue, the European Parliament calls on the Commission to, within the legislative act to be adopted, include provisions setting up an admission scheme with conditions of entry and residence for low- and medium- skilled third-country workers. The scheme should ensure equal treatment in coherence with the existing EU acquis on labour migration, and include the creation of a framework within which third-country workers are able to have their skills and qualifications properly recognised and validated for use on the Member States’ labour markets.
Amendment 196 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 3 – indent 1
Annex I – Recommendation 3 – indent 1
- Traditionally, a work permits has only been issuedare issued in the place where the third- country national already has an employment contract or a firmn offer of employment. However, the European Parliament is of the view that the basis for issuing work permits could be improved and developed further. Along the same lines, the Commission has stated that its objective is to encourage more people to become entrepreneurs, thereby improving Europe’s economic performance1 . Third- country nationals working as entrepreneurs or as self-employed people might experience that the environment in their country of origin is not conducive for their start-up or for their efforts as entrepreneurs. Through a Union-wide admittance scheme such third-country nationals could be giMember state regulations regarding self-employment and entrepreneurship of third-country nationals vary across the Union. EU levenl an opportunity to migrate legally to the Union and establish themselves andction should promote a favourable environment for entrepreneurship of their businessed-country nationals. _________________ 1 https://ec.europa.eu/growth/smes/sme- strategy/start-up-procedures_en
Amendment 200 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 3 – indent 2 a (new)
Annex I – Recommendation 3 – indent 2 a (new)
- - However in order to respect the growing spirit of entrepreneurship which the union must foster, it is imperative that the European Commission takes a firm stand to make a distinction between entrepreneurship, self-employed persons and persons who are engaged in gig work and are forced and exploited by their employers to declare themselves as self- employed persons, which results in a deprivation of workers access to employment rights, social protections, entitlements and the application of relevant rules.
Amendment 210 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 5 – title
Annex I – Recommendation 5 – title
Recommendation 5 (on the simplification and improvement of Directive 2011/98/EU)
Amendment 214 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 5 – indent 1
Annex I – Recommendation 5 – indent 1
- The European Parliament is of the view that procedures with respect to Directive 2011/98/EU should be further harmonised for that Directive to be fully efficient, therefore considers that the legislative act to be adopted should amend that Directive in order to allow applications for a single permit to be lodged botheither from within the territory of a Member State and from a third country, while engaging both the Member States and the third countries in a system that shares information on, and coordinates with respect to, the applications lodgedor from a third country. The European Parliament moreover calls for, inter alia, the clear regulation and streamlining of the procedure for applying for an entry visa in order to avoid applicants having to submit the documents needed twice to obtaining a single permit twice, and also requests the Commission to propose changes that would a single permit. Furthermore, requests the Commission to propose changes that would alleviate the difficulties facing third- country nationals holding work permits, when changing employment. This creates an environment where the permit holder is forced to become dependent on the employer. The Commission should therefore analyse the efficiency of permit procedures and reduce unnecessary administrative requirements which obstacles for potential employees, and employers. Requests the Commission to propose changes that would address the lack of implementation of equal treatment provisions in the Directive and persistent labour exploitation, in particular to alleviate the difficulties facing third- country nationals holding worksingle permits when changing or losing employment, thus making the permit holder too dependent on the employer. An effective workplace monitoring and complaints’ mechanisms to protect all migrant workers’ labour rights, which should in particular guarantee effective access to justice and redress and protect workers from retaliation, must be ensured.
Amendment 220 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 6 – title
Annex I – Recommendation 6 – title
Recommendation 6 (on the establishment of a Union-wide transnational advisory service network for legally migrating workers)
Amendment 225 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 6 – indent 1
Annex I – Recommendation 6 – indent 1
- The European Parliament is of the view that systematic cooperation between and engagement with the authorities of Member States and of third countries is required to enhance legal pathways for labour migration. To achieve that goal, the European Parliament considers that the legislative act to be adopted should establish a transnational advisory service network, managed by the Commission, for third-country workers, with each Member State designating a lead authority to coordinate the advice and information provided to legally migrating third-country nationals applying for work in the Union. The authorities in each Member State should also be responsible for closely coordinating with one another with regard to applications lodged for a single permit to reside and work in the Union in accordance with Directive 2011/98/EU in order to avoid double submissions. That network should also take into account national specificities and different demands of national labour markets.
Amendment 228 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 6 – indent 2
Annex I – Recommendation 6 – indent 2
- In addition, each Member State should be responsible for requesting from employersuse information on third-country workers, in full respect of Union data protection law, in order to enable third- country nationals to be connected with the relevant authorities and support services, in order to facilitate the protection and strengthening of the equal rights and treatment of third-country workers. This transnational advisory service network should facilitate the running of the talent pool, as outlined in Recommendation 1.
Amendment 232 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 7 – indent 1
Annex I – Recommendation 7 – indent 1
- Promoting professional mobility for legally residing third-country nationals working in a Member State also means protecting them from exploitation. Numerous third-country nationals, in particular low-skilled third- country nationals, hesitate to leave an exploitative employer because it would mean that they would lose their work permit and right to stay in the Union. Holders of a work permit issued under the Directive 2014/36/EU are, in particular, prone to exploitation, seeing how they often tend to work within sectors mainly employing low-skilled workers.
Amendment 235 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 7 – indent 2
Annex I – Recommendation 7 – indent 2
- Therefore, the European Parliament considers that the legislative act to be adopted should amend Directive 2014/36/EU to allow holders of work permits under that Directive a period of three months to seek new employment after having left their previous employer without having their permit revoked. The European Parliament recommends that the Commission, at the same time, considers other appropriate amendments to that Directive in order to bring it up to date and in line with other more recent Union legal acts dealing with legal migration and further address persistent labour exploitation of seasonal workers.
Amendment 35 #
2020/2201(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need for supportive measures aimed at increasing civic literacy and building civic capacity to encourage citizens’ understanding of the policymaking process and to promote civic engagement in the actions of the Union; considers to that end that stronger action by Member States and the Commission in fostering EU citizenship education is necessary; calls on the Commission to provide support to complement educational programmes and training in all Member States, notably by supporting the development of a common curriculum on European citizenship education; invites the Commission and the Member States to develop a comprehensive European strategy on civic and citizenship education accompanied by supporting platforms to promote its implementation;
Amendment 39 #
2020/2201(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers that citizens’ trust in the EU institutions is fundamental for democracy, good governance and effective policy-making, believes that the EU institutions must strive for the highest possible standards of transparency, accountability and integrity; calls in particular on the Council to increase transparency as regards to its decision making process and access to documentation;
Amendment 44 #
2020/2201(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the inclusion in the Rights and Values Programme of a citizens’ engagement and participation strand designed to promote citizens’ engagement and participation in the democratic life of the Union; stresses the importance of ensuring continuity and increased resources for this strand; calls for the swift establishment of the ‘Civil Dialogue Group’, included in said programme;
Amendment 52 #
2020/2201(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. RegreHighlights the limited political and legal follow-up given by the Commission to successfulportance of established channels for citizens’ participation, such as the European citizens’ initiative; considers that this important tool lacks visibility, accessibility and follow-up; encourages the Commission and Member States to raise awareness on such tool; believes that the European Citizens’s Initiatives; strongly regrets the Commission’s dismissal of the Minority SafePack should be evaluated with a view to identify how its impact and effectiveness can be improved; point out that a successful European Citizens’s Initiative, which addresses basic values and objectives enshrined in the Tre should not automatically lead to the introduction of new legislatieson;
Amendment 66 #
2020/2201(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Highlights the importance of Equality Bodies, National Human Rights institutions and Ombudspersons to address concerns of citizen’s on issues covered by EU competences or violations of EU rights and values; stresses that the independence of such structures from governing authorities is a prerequisite to enable and protect meaningful citizen’s engagement; calls therefore for the Commission to closely monitor this area in forthcoming Rule of Law reports;
Amendment 72 #
2020/2201(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to develop innovative and inclusive tools for citizens’ participation and dialogues; recalls that such tools should be adapted to ensure full access for people with disabilities and different age groups;
Amendment 74 #
2020/2201(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Believes that participation could be enhanced by ensuring predictable, flexible, adapted and multilingual process and tools of consultation; considers important to foster participation of people belonging to minorities in all public consultations in order to share their experiences and be able to promote further diversity in all policies;
Amendment 83 #
2020/2201(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Supports the establishment of a permanent structured dialogue with citizens to ensure that their views directly inform EU decision-making and public policy as proposed in December 2018 by the Committee of the Regions and the European Economic and Social Committee;
Amendment 91 #
2020/2201(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Member States and the Commission to encourage the active participation of EU citizens in EU matters, notably young people, in order to support their involvement in shaping society and politics; considers that the voices and demands of young Europeans should have special consideration during the Conference on the future of Europe; calls on the Commission to devote sufficient resources to promote a wide participation of young people through appropriate tools;
Amendment 96 #
2020/2201(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes that migrants and people in need of international protection should have the possibility to express their views, in particular, on asylum and migration policies; invites the Commission to proactively engage them in the design of such policies;
Amendment 1 #
2020/2169(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the Agency received a EUR 16.7 million contribution under the general budget of the Union in 2019, a decrease of 0.4% in comparison with 2018; points out that the Agency receives one of the lowest budget appropriations of all the EU agencies; welcomes the fact that in 2019, the Agency managed to implement its budget at a rate of 99.9% for commitments and 86% for payments;
Amendment 2 #
2020/2169(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls the importance of fisheries control in achieving the objectives of the common fisheries policy (CFP); acknowledges the Agency’s vital contribution to implementing these goals; stresses that the ongoing revision of the regulation governing fisheries control will increase the Agency’s workload; emphasises the incoherence of seeking to tackle growing obligations without sufficient resources to do so; stresses, therefore, that the financial and human resources available to the Agency need to be increased in the coming years;
Amendment 7 #
2020/2169(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights the assistance provided by the Agency to the Commission with regard to cooperation with third countries and the Agency's crucial role in securing a level playing field with all coastal states; stresses, in this regard, the need to increase the resources allocated to the Agency with a view to making it possible to handle the increased workload caused by the withdrawal of the United Kingdom from the European Union and any potential consequences of the new relationship for the fisheries control framework;
Amendment 10 #
2020/2169(DEC)
Draft opinion
Paragraph 9
Paragraph 9
9. Deplores the fact that, despite the Agency’s commitment in June 2018 to publishing information on the relevant executive director and staff meetings with lobbyists on its website, no such information has been published yet; calls on the Agency to deliver onuphold its commitment and regularly update the page on its website dedicated to providing this information;
Amendment 50 #
2020/2072(INL)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
- having regard to the European Economic and Social Committee Opinion of 19 June 2019 on "Further strengthening the Rule of Law within the Union. State of play and possible next steps" which proposed to create an annual Stakeholders' Forum on fundamental rights and the rule of law;
Amendment 51 #
2020/2072(INL)
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
- having regard to the conclusions of the Council of the European Union and the Member States meeting within the Council on ensuring respect for the rule of law of 16 December 2014;
Amendment 52 #
2020/2072(INL)
Motion for a resolution
Citation 34 c (new)
Citation 34 c (new)
- having regard to the United Nations Declaration on Human Rights Defenders of 8 March 1999;
Amendment 54 #
2020/2072(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 of the Treaty on European Union (TEU); whereas those values are values which are common to the Member States and to which all Member States have freely subscribed; whereas democracy, the rule of law and fundamental rights are mutually reinforcing principles;
Amendment 77 #
2020/2072(INL)
Motion for a resolution
Recital C
Recital C
C. whereas breaches of the values referred to in Article 2 TEU do not concern solely the individual Member State where the breaches materialise, but also have an impact on other Member States, weaken the cohesion of the European project, the fundamental rights of all Union citizens and mutual trust among the Member States;
Amendment 88 #
2020/2072(INL)
Motion for a resolution
Recital E
Recital E
E. whereas a regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States, once adopted, would become an indispensable tool in safeguarding the rule of law within the Union, if the voting procedure is designed in such a way that this instrument can be used effectively and cannot be blocked by a minority in the Council;
Amendment 97 #
2020/2072(INL)
Motion for a resolution
Recital F
Recital F
F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and local authorities as well as national associations which are responsible for the support of the judiciaries in the independent delivery of justice;
Amendment 105 #
2020/2072(INL)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society at all levels;
Amendment 126 #
2020/2072(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s legal order, the protection of fundamental rights of all its citizens, the functioning of its single market, the effectiveness of its common policies and its international credibility;
Amendment 138 #
2020/2072(INL)
3. recognises that the Union remains structurally ill-equipped to tackle democratic and, rule of law and fundamental rights violations and backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that field;
Amendment 153 #
2020/2072(INL)
4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; reiterates the need for a comprehensive monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of all Union values becomes a permanent and visible part of the Union agenda;
Amendment 171 #
2020/2072(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures, including financial measures;
Amendment 182 #
2020/2072(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. points out that the Mechanism should consolidate and supersede existing instruments, in particular the Annual Rule of Law Report, the Commission’s Rule of Law Framework, the Council’s Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM), while increasing complementarity and coherence with other available tools, including infringement procedures under Article 258 TFEU, the procedure under Article 7 TEU, budgetary conditionality once in force, and the European Semester; is of the opinion that the Annual Monitoring Cycle can fulfil the objectives of the CVM for Bulgaria and Romania, thus contributing to equal treatment of all Member States; considers that the three institutions should use the findings from the Annual Monitoring Cycle in their assessment for the purposes of triggering Article 7 TEU and Regulation (EU) 2020/xxxx of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States11 ; _________________ 11[instead of xxxx insert final number of 2018/136(COD) in the text and correct OJ reference in footnote] OJ C ..., ....., p. ....
Amendment 188 #
2020/2072(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. recalls the indispensable role played by civil society, national human rights institutions, human rights defenders, associations which are responsible for the support of the judiciary in the independent delivery of justice and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating and contributing to monitor implementation; points out that the accreditation status of national human rights institutions and theexistence, and, where they do exist, the formal and functional independence of national human rights institutions, as also reflected in their accreditation status, and the enabling space for civil society may themselves serve as indicators for assessment purposes; considers that national parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle;
Amendment 201 #
2020/2072(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. reaffirms the role of Parliament, in accordance with Article 7 TEU, in monitoring compliance with Union values; reiterates the call for Parliament to be present in Article 7 hearings when it is Parliament that initiated the procedurein accordance with the principle of mutual sincere cooperation as enshrined in Article 13(2) TEU; believes that the Mechanism, underpinned by an interinstitutional agreement, will provide the necessary framework for better coordination;
Amendment 214 #
2020/2072(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. strongly believes that addressing the crisibreaches of Union values, including through the proposed Mechanism, is a precondition for re-establishing mutual trust among Member States, thus enabling the Union as a whole to sustain and further all common policies;
Amendment 217 #
2020/2072(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. believes that it should be possible for candidate countries to be monitored by the Mechanism on a voluntary basis;
Amendment 230 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 5
Annex I – paragraph 4 – point 5
(5) The three institutions agree that an Annual Monitoring Cycle on Union Values is necessary to reinforce the promotion and respect for Union values. The Annual Monitoring Cycle should be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States. The primary objective of the Annual Monitoring Cycle should be to prevent violations of and non- compliance with Union values and to identify positive actions by Member States and national actors including civil society and national human rights institutions to be promoted and supported by the Union, while providing a shared basis for other actions by the three institutions. The three institutions also agree to use this Interinstitutional Agreement to integrate existing instruments and initiatives relating to the promotion of and respect for Union values, in particular the Annual Rule of Law Report, the Council’s Annual Rule of Law Dialogue and the Commission’s Rule of Law Framework, in order to avoid duplication and strengthen overall effectiveness.
Amendment 234 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 6
Annex I – paragraph 4 – point 6
(6) The Annual Monitoring Cycle should consist of a preparatory stage, the publication of an annual monitoring report on compliance with all Union values including country-specific recommendations, and a follow-up stage with an implementation and enforcement plan of the recommendations. The Annual Monitoring Cycle should be conducted in a spirit of transparency and openness.
Amendment 247 #
2020/2072(INL)
Motion for a resolution
Annex I – part 1 – point 1
Annex I – part 1 – point 1
1. The three institutions hereby agree to coordinate and cooperate with the aim of promoting and strengthening respect forpromote, strengthen and enforce respect for the founding Union values, in accordance with Article 2 TEU, by coordination and cooperation.
Amendment 250 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 2
Annex I – part 2 – point 2
2. The three institutions agree to organise in sincere and mutual cooperation an Annual Monitoring Cycle on Union Values, covering issues and best practices in all areas of Union values. The Monitoring Cycle shall consist of a preparatory stage, the publication of an annual monitoring report on Union values (‘Annual Report’) including country specific reports and recommendations, and a follow- up stage.
Amendment 255 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 3 – introductory part
Annex I – part 2 – point 3 – introductory part
3. The three institutions agree to establish a permanent Interinstitutional Working Group on Union Values (‘Working Group’). The Working Group shall facilitate coordination and cooperation among the three institutions in all stages of the Annual Monitoring Cycle. The Working Group shall invite the European Union Agency for Fundamental Rights to participate in its meetings. The Working Group shall also directly consult independent experts on a regular basis, civil society organisations and human rights defenders on a regular basis. The Working Group shall regularly make the reports on its work publicly available.
Amendment 257 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 3 a (new)
Annex I – part 2 – point 3 a (new)
3a. The Working Group shall upon nomination of the European Parliament and the Council appoint a Panel of Independent Experts as an additional independent instrument in the context of the identification of breaches and best practices for implementation of the Union values enshrined in Art. 2 TUE. The Panel of Independent Experts shall submit its findings in a timely manner to both the Working Group and the Commission.
Amendment 259 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 4
Annex I – part 2 – point 4
4. On an annual basis, the Commission shall organise a targeted stakeholder consultation to collect information for the Annual Report. The stakeholder consultation shall take place in the first quarter of each year. The consultation shall be transparent and based on a clear and rigorous methodology agreed by the Working Group, following a comprehensive and transparent consultation with stakeholders and independent experts. The methodology shall, in any event, encompass in an appropriate form the benchmarks listed in the Annexes to Commission Decisions 2006/928/EC and 2006/929/EC.
Amendment 264 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 5
Annex I – part 2 – point 5
5. The stakeholder consultation shall give an opportunity to civil society organisations, professional associations and networks, Council of Europe bodies, Union institutions, bodies, offices and agencies and the Member States, including national parliaments and local authorities, civil society organisations, professional associations and networks, Council of Europe bodies and United Nations bodies to contribute to the Annual Report. The Commission shall incorporate the information provided by stakeholders in the Annual Report. The Commission shall publish relevant contributions to the consultation on its website prior to the publication of the Annual Report, subject to the contributors' consent.
Amendment 274 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 7
Annex I – part 2 – point 7
7. Designated representatives of any of the three institutions shall have the possibility to conduct a limited number of fact-finding visits to the Member States for the purpose of obtaining additional information and clarification about the state of Union values in the Member States concerned. The Commission shall incorporate the findings in the Annual Report.
Amendment 277 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 8 – introductory part
Annex I – part 2 – point 8 – introductory part
8. The Commission shall regularly inform the Working Group of the progress made throughout the preparatory stage.
Amendment 280 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 9
Annex I – part 2 – point 9
9. The Commission shall draft the Annual Report based on information gathered during the preparatory stage. The Commission shall issue a reasoned opinion if it decides not to fully incorporate the findings by the Panel of Experts into the Annual Report. The Annual Report should cover both positive and negative developments relating to Union values inenshrined in Article 2 TEU in each of the Member States. The Annual Report shall be impartial, based on objectively compiled evidence and respect equality of treatment between all Member States. The depth of reporting should reflect the gravity of the situation in question.
Amendment 290 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 10
Annex I – part 2 – point 10
10. The Annual Report shall contain recommendations specific to each of the Member States with the aim of strengthening the promotion and protection of Union values. The recommendations shall specify concrete targets and timeframes for implementation. The recommendations shall take account of the diversity of Member States’ political and legal systems. Implementation of the recommendations shall be assessed in subsequent Annual Reports or urgent reports, as appropriate.
Amendment 293 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 12
Annex I – part 2 – point 12
12. No later than two months from its publication date, the European Parliament and the Council shall discuss the content of the Annual Report. The discussions shall be made public. The Parliament and the Council shall adopt positions on the Annual Report by means of resolutions and conclusions. As part of the follow-up, the European Parliament and the Council shall assess and reflect on the extent to which previous recommendations have been implemented by the Member States. The three institutions shall make use of their respective powers under the Treaties with a view to contributing to an effective follow-up. The three institutions shall endeavour to promote debate on the Annual Report in the Member States, in particular in national parliaments.
Amendment 300 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 13
Annex I – part 2 – point 13
13. On the basis of the findings of the Annual Report, the Commission may, either on its own initiative or upon request by the European Parliament or the Council, enter into a dialogue with one or several Member States, including national parliaments and local authorities, with the aim of facilitating implementation of the recommendations. The Commission shall regularly report on the progress of the dialogue to the European Parliament and the Council. The Commission may, at any time, provide technical assistance to the Member States through different activities. The European Parliament shall organise, in cooperation with national parliaments, an interparliamentary debate on the findings of the Annual Report.
Amendment 302 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 13 a (new)
Annex I – part 2 – point 13 a (new)
13a. The three institutions should consider the findings of the Annual Report when establishing funding priorities. In particular, the Commission shall include targeted support for national actors contributing to the promotion and protection of Union values, such as civil society organisations, when establishing relevant annual work programmes for the disbursement of Union funds under both shared or direct management.
Amendment 305 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 14 – introductory part
Annex I – part 2 – point 14 – introductory part
14. Without prejudice to the powers of the Commission under Article 258 TFEU and the right of the European Parliament and the Commission and one third of the Member States to submit to the Council a reasoned proposal in accordance with Article 7(1) TEU, the three institutions agree that the Annual Reports should guide their actions concerning Union values.
Amendment 311 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 15
Annex I – part 2 – point 15
15. Where the situation in one or several Member States portends imminent and serious damage to Union values, the European Parliament or the Council may exceptionallyCommission shall either upon its own initiative or at the request of the Commission toEuropean Parliament or the Council draft an urgent report on the situation. The Commission shall prepare the report in consultation with the Working Group. The Commission shall make the urgent report public no later than two months following a request by the European Parliament or the Council. The findings of the urgent report should be incorporated in the next Annual Report. The urgent report may specify recommendations aimed at addressing the imminent threat to Union values.
Amendment 318 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 17
Annex I – part 3 – point 17
17. Where the Annual Report identifies systemic deficiencies with respect to one or several Union values, the three institutions commit to take appropriate action, without delay, within their respective powers as conferred on them by the Treaties. The three institutions mayshall consider, inter alia, whether Union policies requiring a high level of mutual trust can be sustained in light of systemic deficiencies identified in the Annual Report.
Amendment 320 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 19
Annex I – part 3 – point 19
19. The three institutions agree to use the findings of the Annual Report in their assessment of whether there is a clear risk of a serious breach or existence of a serious and persistent breach by a Member State of Union values under Article 7 TEU. If the Annual Report identifies a risk of a serious breach or a serious breach of Union values in a Member State, the Commission shall activate the instruments at its disposal, including financial measures, to enforce respect for the values enshrined in Article 2 TEU. The European Parliament and Council shall hold a debate about the situation in the Member State and justify in a reasoned opinion, whether or not to activate the instruments at their disposal to enforce respect for the values enshrined in Article 2 TEU.
Amendment 326 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 20 – introductory part
Annex I – part 3 – point 20 – introductory part
20. In order to strengthen the transparency and efficiency of the procedure laid down in Article 7 TEU, the three institutions agree to ensure that theall institution initiating a proposal under Article 7(1) TEU iss are able to participate in the hearings under Article 7(1) TEU where that proposal is presented and isare consulted at all stages during the procedure. The three institutions agree to consult each other regularly in the Working Group regarding existing and potential procedures launched under Article 7 TEU.
Amendment 333 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 21
Annex I – part 3 – point 21
21. The three institutions agree to use the findings of the Annual Report in their assessment of whether there are generalised deficiencies as regards the rule of law in the Member States, in accordance with Article 5 of Regulation (EU) 2020/xxxx. If the Annual Report identifies a risk of a or a serious breach of Union values in a Member State, the Commission shall send a written notification to that Member State, in accordance with Article 5 of Regulation (EU) 2020/xxxx.
Amendment 337 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 21 a (new)
Annex I – part 3 – point 21 a (new)
21a. The Parliament and the Council may request the Commission to develop and publish specific guidelines and indicators to address relevant horizontal issues that emerge from the Annual Monitoring Cycle.
Amendment 1 #
2020/2041(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the particularly close historical ties binding the European Union (EU) and Africa, and the EU’s major contribution both in terms of development aid1 and in the smooth functioning of the Afat an equal and sustainable cooperation based on political dialogue, joint ownership, solidarity and mutual confidence is paramount for tackling common challenges and achieving shared goal. Recalls that the EU is the world’s leading donor of development and humanitarican Union (AU)2; _________________ 1 EUR 19.6 billion, 46%aid and that the Union's action ofn the overall total (2018)https://ec.europa.eu/commission/pr esscorner/detail/en/qanda_20_375 2USD 327 million, 42% of its budget, E- 003478/2018international scene shall be guided by the principles of democracy, the rule of law, respects of human rights, the principles of equality and solidarity;
Amendment 15 #
2020/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. CRecognises that corruption is a complex global phenomenon which hampers efforts aimed at promoting democratic governance, socio-economic transformation, sustainable development, peace and security and may lead to many human rights violations; calls for the strengthening of efforts to combat corruption and staggering inequalities – constituting as it does a major obstacle to effective development, preventing Africa’s peoples from fully benefiting from the effects of joint EU-AU policies – to be taken into account in the comprehensive strategy with Africa; recommends EU and AU to better implement and enforce the existing national and international anti- corruption instruments and to make use of new technologies and digital services; highlights that the fight against corruption should also include measures to fight money-laundering, tax evasion and illicit financial flows;
Amendment 20 #
2020/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 31 #
2020/2041(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights that managing migration and mobility within Africa and between Africa and EU requires a common approach that must be founded on the principles of solidarity, partnership, shared responsibility and mutual accountability and guided by the respect for human rights and international and maritime law. This approach should also include common strategies to address and effectively tackle the root causes of forced displacement and migration; calls on the EU to further develop an effective resettlement policy and to Member States to make all the necessary efforts to offer their resettlement places to a meaningful number of refugees.
Amendment 41 #
2020/2041(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 49 #
2020/2041(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Underlines the need to guarantee fair and accessible asylum procedures for people in need of international protection both in the EU and in African countries; recalls that mass expulsions and refoulement are prohibited under EU and international law principles; emphasises that returns should only be carried out safely after the assessment of each individual case and the undertaking of complaints procedure and that voluntary returns should always be prioritised over forced returns.
Amendment 56 #
2020/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports the digitisation and modernisation of public administration in African countries, in particular with a view to developing reliable civil registration agencies andproviding for equal access and equal opportunities for all citizens, thus stabilising democracy; calls for the strengthening of efforts to promoting data exchange so as to combat terrorism, transnational and organised crime;, including cybercrime and trafficking in human beings; all data exchanged must be subject to relevant data protection and privacy laws
Amendment 66 #
2020/2041(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes Africa’s sustained economic growth; calls, therefore, on the AU to do its utmost to guarantee a decent future for its young people, the main driving force behind the continent’s development4 , and thus to contribute to stopping the arrival of unaccompanied minors in Europe and to cooperate in readmitting those eligible for return; _________________ 4 62% of sub-Saharan Africa’s population is under 25 years of age https://population.un.org/wpp/Publications/ Files/WPP2019_Highlights.pdf
Amendment 74 #
2020/2041(INI)
5a. Emphasises the pivotal role played by civil society, worldwide in supporting democracy and consolidating the political dialogue; stresses the need to increase the participation of civil society organisation - including NGOs in the EU-Africa Strategy process.
Amendment 84 #
2020/2041(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the security and interests of bothe European and African continent and itstheir citizens to be taken into account.
Amendment 28 #
2020/2023(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses the need to include in the draft agreement proposal, the distribution percentages that are currently applied for the stocks to be shared between both parties in Annex FISH-2 (Allocation of fishing opportunities) in accordance with the principle of relative stability in force. The fact that the percentages of the stocks to be shared between both parties have been left empty might be seen as an initial concession to the United Kingdom, lowering the objectives of the current mandate;
Amendment 39 #
2020/2023(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Urges the Commission to include provisions on the prevention and combat of illegal, unreported and unregulated (IUU) fishing activities within Union and United Kingdom waters;
Amendment 47 #
2020/2023(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines the importance of including a reference in the agreement on the obligation of cooperation within the framework of coastal States, as provided by International Law, which is essential for fisheries management measures and the sustainability of shared stocks;
Amendment 53 #
2020/2023(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Believes that in case the extension of the transitional period is agreed, the current distribution of TACs and quotas should be extended accordingly in order to provide legal certainty to the fisheries sector;
Amendment 9 #
2020/1998(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the importance of putting right the economic and social damage caused by the COVID-19 pandemic, which has hit the entire fisheries and aquaculture sector hard; considers that the serious health situation and its economic consequences call for exceptional financial support to be made available immediatela fresh ‘aid package’ to complement the previous ones and deploy new exceptional financial support to be made available immediately, given that the pandemic and its economic and social effects are not going away;
Amendment 13 #
2020/1998(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls that at the peak of the confinement caused by the COVID-19 pandemic, the fishing sector, in particular small-scale coastal fishing vessels, continued to operate maintaining the regular supply of local markets, guaranteeing Union citizens access to healthy marine food, particularly in isolated coastal areas and regions where supply chains were hampered by logistical constraints
Amendment 18 #
2020/1998(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that the negotiations on the withdrawal of the United Kingdom from the Union seem to be moving towards a no-deal scenario, and the social and economic consequences for the fishing fleets operating in UK waters will be huge; emphasises that financial support for the Union fishing fleet operating in those waters, now third country waters, needs to be ensured from the beginning of 2021 and that fishermen who are already in a difficult situation due to the impact of the COVID-19 pandemic cannot be subject to a double penalty .
Amendment 30 #
2020/1998(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses the importance of controls on fishing activities; believes that these controls must remain a priority in the financing of the common fisheries policy, especially since new rules to harmonise and improve the fisheries control system in the Union are expected to be approved soon;
Amendment 33 #
2020/1998(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Reiterates that the European Fisheries Control Agency (EFCA) must be given the additional funding and equipment it needs to carry out its activities properly and to ensure that the EU meets its sustainable fishing goals, including digitalisation and adapting to new technologies; points out, furthermore, that research and development should be included in the area of control and inspection techniques and provision of assistance to the Commission and the Member States in specific fields;
Amendment 34 #
2020/1998(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Reiterates that the European Fisheries Control Agency (EFCA) must be given the additional funding and equipment it needs to carry out its activities properly and to ensure that the EU meets its sustainable fishing goals, in particular with the changes to Fisheries Control Regulation that are now being negotiated and, seems to increase the competences and tasks to be assumed by EFCA;
Amendment 42 #
2020/1998(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. Stresses that generational renewal is one of the European fishing sector’s priorities; considers that Member States should draw on the EMFF and the European Structural Funds to finance the introduction of programmes specifically designed to help young people to take up careers in fisheries, to make the sector more diverse and to encourage people from under-represented groups, particularly women, to join the industrybring women into the different categories of jobs, and to raise the profile of women in the activities they are already involved in;
Amendment 187 #
2020/0279(COD)
Proposal for a regulation
Recital 2
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.
Amendment 193 #
2020/0279(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member States in the field of asylum and migration management policies, by elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to return illegally staying third-country nationals, to prevent irregular migration and unauthorised movements between thempromoting safe and legal pathways, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.
Amendment 201 #
2020/0279(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair and dignified treatment of third- country nationals residing legallyand the respect of their human rights in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling. irregular migration, migrant smuggling and trafficking, through the development of legal pathways. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons, as well as persons granted immediate protection.
Amendment 212 #
2020/0279(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of persons in need of international protection and those who are not and 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. To ensure that Member States have the necessary tools to effectively manage this challenge in addition to applicants for international protection, irregular migrants should also fall within the scope of this Regulation. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons as well as persons granted immediate protection.
Amendment 258 #
2020/0279(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the Report should also indicate whether the said Member States are faced with such challenges. Those Member States should alwayso be able to rely on the use of the ‘solidarity pool’ for the relocation of vulnerable personsbinding solidarity contributions foreseen in Article 45 and, if under migratory pressure, on those provided for in Article 51 (3).
Amendment 266 #
2020/0279(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to effectively manage the Union's external border, an independent border monitoring mechanism should be set up in view of ensuring its compliance with the European Convention on Human Rights, the EU Charter of Fundamental Rights, as well as the EU and International law.
Amendment 268 #
2020/0279(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 279 #
2020/0279(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 295 #
2020/0279(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a binding solidarity mechanism should be established which is effective and ensures that applicants have swift acces, upon arrival and disembarkation, including following search and rescue activities and operations, should be established in order to ensure effective and swift access of applicants to the procedures for granting international protection. Such a mechanism should provide for different types of solidarity measures and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member Statetrue solidarity as enshrined in Article 80 of the TFEU, among Member States, with third countries, and towards those seeking asylum according to the procedure foreseen in Article 14 and 45 of this Regulation.
Amendment 303 #
2020/0279(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 322 #
2020/0279(COD)
Proposal for a regulation
Recital 18
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 specificn effective processdure applicable to people disembarked following those operations irrespective of whether there is a situation of migratory pressure.
Amendment 330 #
2020/0279(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration Management Report should set out the short-term projections of disembarkations anticipated for such operations and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation. The Commission should adopt an implementing act establishing a pool of solidarity measures (‘the solidarity pool’) with the aim of assisting the Member State of disembarkation to address the challenges of such disembarkations. Such measures should comprise applicants for international protection that are not in the border procedure 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.
Amendment 335 #
2020/0279(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In view of coordinating and optimising all relocation efforts, an EU Relocation Coordinator, to be appointed by the Commission, should assist and supervise the relocation coordination of applicants and beneficiaries found eligible for relocation. The EU Relocation Coordinator should endeavour to prioritise vulnerable persons, in particular unaccompanied minors in the relocation and transfers. The EU Relocation Coordinator should, in cooperation with the Commission and the Asylum Agency, also promote coherent working methods, for the verification of any meaningful links that the persons eligible for relocation might have with Member States of relocation.
Amendment 342 #
2020/0279(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to provide a timely response to the specific situation following disembarkations from search and rescue operations, the Commission, and the EU Relocation Coordinator, with the assistance of Union Agencies, should facilitate the swift relocation and transfer of eligible applicants for international protection who are not in the border procedure. Under the , accoordination of the Commission, the European Union Asylum Agency and the European Border and Coast Guard Agency should draw up the list of eligible persons to be relocated indicating the distribution of those persons among the contributing Member Statesg to Article 14.
Amendment 358 #
2020/0279(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 365 #
2020/0279(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Where no meaningful links can be established, the share of solidarity contribution for each Member State shall follow the size of the population, the total GDP and its unemployment rate, according to the latest available Eurostat data.
Amendment 369 #
2020/0279(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 381 #
2020/0279(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) TheA specific solidarity mechanism should also address the situations of migratory pressure in particular for those Member States which due to their geographical location are exposed to or likely to be exposed towhere one or more Member States, in particular, due to their geographical location and a constant level of arrivals, including after disembarkation and search and rescue activities and operations are under migratory pressure. For this purpose, the Commission should adopt a report identifying whether a Member State is under migratory pressure and setting out the measures that could support that Member State in addressing the situation of migratory pressure.
Amendment 392 #
2020/0279(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative and quantitative assessment, should take 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 countriesvulnerabilities of asylum applicants and migrants, irregular border crossings, the capacity of a Member State in managing its asylum and reception caseload. 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.
Amendment 404 #
2020/0279(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 410 #
2020/0279(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 424 #
2020/0279(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 436 #
2020/0279(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 454 #
2020/0279(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In order to ensure a comprehensive and effective solidarity response and in order to give clarity to Member States receiving support, the Commission should adopt an implementing act specifying the contributions to be made by each Member State. Such contributions should always be based on the type of contributions indicated by the Member State concerned in the solidarity response plan, except where that Member State failed to submit one. In such cases, the measures set out in the implementing act for the Member State concerned should be determined by the Commission.
Amendment 460 #
2020/0279(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 465 #
2020/0279(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 477 #
2020/0279(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Common European Asylum System (CEAS) has been built progressively as a common area of protection based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that no person is sent back to persecution, in compliance with the principle of non- refoulement. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, all respectings long as they respect human rights and the principle of non- refoulement, are considered as safe countries for third- country nationals.
Amendment 484 #
2020/0279(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) It is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System40 . That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection, namely meaningful links. _________________ 40As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999.
Amendment 497 #
2020/0279(COD)
Proposal for a regulation
Recital 35
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 developingand the principle of solidarity and fair sharing of responsibility as part of the common framework, in line with Article 80 of TFEU. To that end, athe 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. _________________ 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.
Amendment 503 #
2020/0279(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 510 #
2020/0279(COD)
Proposal for a regulation
Recital 38
Recital 38
Amendment 537 #
2020/0279(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background and should follow an independent evaluation of his or her best interest by the relevant child protection authorities. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.
Amendment 554 #
2020/0279(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) In order to prevent that persons who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member State where an application is first registered does not apply the responsibilty criteria or the benefitting Member State does not apply the relocation procedure where there are reasonable grounds to consider the person concerned a danger to national security or public order.
Amendment 569 #
2020/0279(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant, grandparent or grandparents of the applicant. Reuniting siblingsfamily is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the EU.
Amendment 574 #
2020/0279(COD)
Proposal for a regulation
Recital 48
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 unauthorisedonwards 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, unless it is demonstrated that this would notminor is present, unless it is assessed not to 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. For unaccompanied minors, in particular, the prompt appointment of a representative or representativesguardian tasked with safeguarding respect for all the rights to which they are entitled, as well as prompt access for free legal assistance. When considering or implementing the transfer of a minor, Member States should promote and facilitate the continuity and stability of the support and assistance provided to a minor. Member states should promote and facilitate transnational cooperation between these actors, including sharing of information about the minor, with the informed consent of the minor. Any decision to transfer an unaccompanied minor should be preceded by an individual assessment of his or her best interests by staff with the necessary qualifications and expertise.
Amendment 600 #
2020/0279(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Considering that a Member State should remain responsible for a person who has irregularly entered its territory, it is also necessary to include the situation when the person enters the territory following a search and rescue operation. A derogation from this responsibility criterion should be laid down for the situation where a Member State has relocated persons having crossed the external border of another Member State irregularly or, until the responsibility of another Member state has been determined, for a person who has irregularly entered its territory by land, air and sea, including after disembarkation and following a search and rescue operation. In such a situation, the Member State of relocation should be responsibile if the person applies for international protections and activities.
Amendment 605 #
2020/0279(COD)
Proposal for a regulation
Recital 52
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.
Amendment 611 #
2020/0279(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding and unauthorised movements betweenthe Member State and the competent authorities of the Member Sstates, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obassisted by the Asylum Agency, shall ensure as soon as possible that the third country national or stateless person who intends to make an appligcations should lead to appropriate and propor to internationatel procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are coveredtection fully cooperates in matters covered by this Regulation, informing him or her of his or her rights and obligations.
Amendment 622 #
2020/0279(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) In order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of responsibility to another Member State, rules allowing for cessation or shift of responsibility where the person leaves the territory of the Member States for at least three months during examination of the application or absconds to evade a transfer to the Member State responsible for more than 18 months should be deleted. The shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying Member State should also be removed in order to discourage circumventing the rules and obstruction of procedure. In situations where a person has entered a Member State irregularly without applying for asylum, the period after which the responsibility of that Member State ceases and another Member State where that person subsequently applies becomes responsible should be extended, to further incentivise persons to comply with the rules and apply in the first Member State of entry and hence limit unauthorisedonwards movements and increase the overall efficiency of the CEAS.
Amendment 634 #
2020/0279(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon.
Amendment 640 #
2020/0279(COD)
Proposal for a regulation
Recital 58
Recital 58
Amendment 656 #
2020/0279(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) Minors and unaccompanied minors shall never be detained. 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.
Amendment 745 #
2020/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) establishes a sustainable mechanism for solidarity as enshrined in Article 80 of the TFEU;
Amendment 766 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been 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 a person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration], and individuals awaiting an appeal decision;
Amendment 780 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – introductory part
Article 2 – paragraph 1 – point g – introductory part
(g) ‘family members’ means, insofar as the family already existed before the applicant or the family member arrived on the territory of the Member States, the following members of the applicant’s or beneficiaries' family who are present on the territory of the Member States:
Amendment 784 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point i
Article 2 – paragraph 1 – point g – point i
(i) the spousepartner of the applicant or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals,beneficiary;
Amendment 791 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point ii
Article 2 – paragraph 1 – point g – point ii
(ii) the minor children of couplepartners referred to in the first indent or of the applicant, on condition that they are unmarriedr beneficiary, and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 797 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iii
Article 2 – paragraph 1 – point g – point iii
(iii) where the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 801 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iv
Article 2 – paragraph 1 – point g – point iv
(iv) where the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the adult or beneficiary of international protection is present,
Amendment 810 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point v
Article 2 – paragraph 1 – point g – point v
(v) the sibling or siblings, and the grandparent or grandparents of the applicant or beneficiary;
Amendment 815 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘relative’ means the applicant’s adult aunt or uncle, or grandparentcousin who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;
Amendment 827 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
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 ensuring the best interests of the child and exercising legal capacity for the minor where necessary;
Amendment 831 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
Article 2 – paragraph 1 – point m a (new)
(ma) “Meaningful links” means any of the following: the possession of a diploma or qualification, the lawful presence of relatives, being beneficiary of a sponsorship, strong linguistic and cultural ties, previous legal stays or residence;
Amendment 847 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
(q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria clearly defined by national law to believe that an applicant who is subject to a transfer procedure may absconlaw in the light of specific circumstances of the persons involved;
Amendment 853 #
2020/0279(COD)
(r) ‘benefitting Member State’ means the Member State benefitting from the solidarity measures in situations of migratory pressure or for, including following disembarkations following and search and rescue activities and operations as set out in Chapters I-III of Part IV of this Regulation;
Amendment 861 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point t
Article 2 – paragraph 1 – point t
Amendment 869 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u
Article 2 – paragraph 1 – point u
(u) ‘relocation’ means the transfer of a third-country national or a stateless person, or a beneficiary of international protection from the territory of a benefitting Member State to the territory of a contributing Member State;
Amendment 870 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)
Article 2 – paragraph 1 – point u a (new)
(ua) the EU Relocation Coordinator is the person appointed by the Commission and defined in Article 13a of this Regulation and Article 2 (f) of the Crisis Regulation
Amendment 874 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point v
Article 2 – paragraph 1 – point v
(v) ‘search and rescue operations’ means operations of search and rescue activities as referred to in the 1979 International Convention on Maritime Search and Rescue adopted in Hamburg, Germany on 27 April 1979; , and operations as referred to in Article 10 of Regulation (EU) 656/20141a; _________________ 1aRegulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.
Amendment 882 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point w
Article 2 – paragraph 1 – point w
(w) ‘migratory pressure’ means a situation where there is a large numberone or more Member States face a constant level 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 ev, including due to disembarkation in the context of search and rescue operations, which would undermine the efficient functioning of the procedures foreseen oin well-prepared asylum and reception systems and requires immediate acArticle 14 and 45 of this Regulation;
Amendment 892 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point z
Article 2 – paragraph 1 – point z
(z) ‘return decision’ means an administrative or judicial decision or act stating or declaring the stay of a third- country national to be illegalrregular and imposing or stating an obligation to return that respectspursuant to Directive 2008/115/EC of the European Parliament and of the Council54 ; _________________ 54 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.
Amendment 894 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point aa
Article 2 – paragraph 1 – point aa
(aa) ‘illegalrregularly staying third-country national’ means a third-country national who does not fulfil or no longer fulfils the conditions of entry as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in a Member State.
Amendment 913 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 927 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
Amendment 933 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 945 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) effective management of the Union’s external borders, based on the European integrated border managthrough the creation and development of an adequately resourced independent monitoring mechanism in line with Article 18 and 19 of the Charter of Fundamental Rights and the principle of non-refoulement;
Amendment 965 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms for solidarity, as enshrined in Article 80 the TFEU;
Amendment 976 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
Amendment 985 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
Amendment 991 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
Amendment 1023 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility, as enshrined in Article 80 of the 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:
Amendment 1034 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) establish and maintain national asylum and migration management systems that provide access to international and national protection procedures, grant such protection to those who are in need and ensure the dignified return tof those who are illegalrregularly staying;
Amendment 1047 #
2020/0279(COD)
(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 smugglingto ensure genuine and effective access to means of legal entry in cooperation with relevant third countries;
Amendment 1056 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) provide and invest in adequate reception conditions, including measures to protect those with special needs;
Amendment 1061 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
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, Chapter I of Part IV;
Amendment 1071 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
Amendment 1106 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) relevant reports and analyses from Union agencies, including the Fundamental Rights Agency;
Amendment 1108 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
Amendment 1111 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d a (new)
Article 6 – paragraph 2 – point d a (new)
Amendment 1135 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Commission shall monitor and provide information on the migratory situation through regular situational reports based on good quality data and information provided by Member States, the External Action Service, the Asylum Agency, the European Border and Coast Guard Agency, Europol and the Fundamental Rights Agency and notably the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and its Network, and reports provided by the organizations in Article 6 (2) (da).
Amendment 1140 #
2020/0279(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 1185 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in whichresponsible for examining the application for international protection was registered shall be responsible for examining itshall be determined in accordance with the procedure laid down in Article 45.
Amendment 1195 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Where it is impossible for a Member State to transfer an applicant or a beneficiary of international protection to the Member State primarily designated as responsible because there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditionis a real risk of serious violation of fundamental rights for the applicants inor that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Unione beneficiary of international protection in that Member State, the determining Member State shall continue to examine the criteria set out in Chapter II of Part III in order to establish whether another Member State can be designated as responsible.
Amendment 1200 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Where a Member State cannot carry out the transfer pursuant to the first subparagraph to any Member State designated on the basis of the criteria set out in Chapter II of Part III or of the procedure laid down in Chapter I of Part IV, or to the first Member State with which the application was registered, that Member State shall become the Member State responsible.
Amendment 1204 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 1216 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The Member State in which the applicant or a beneficiary of international protection is present shall, however, ensure that the designation of the Member State responsible does not worsen a situation where the fundamental rights of that applicant have been infringed by using a procedure for determining the Member State responsible which takes an unreasonable length of time. If necessary, that Member State must itself examine the application in accordance with the procedure laid down in Article25.
Amendment 1219 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 1223 #
2020/0279(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 1254 #
2020/0279(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 1272 #
Amendment 1273 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph -1 (new)
Article 11 – paragraph -1 (new)
-1. As soon as possible the Member State and the competent authorities of the Member State, assisted by the Asylum Agency, shall ensure that the third country national or stateless person, who intends to make an application to international protection, fully cooperates in matters covered by this Regulation, by informing him or her:
Amendment 1274 #
Amendment 1281 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
Amendment 1285 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
Amendment 1292 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) of the objectives of this Regulation, 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, including the specific criteria applied by Member states requested or notified in the individual case;
Amendment 1299 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) of the aim of the personal interview pursuant to Article 12 and the obligation to submit and substantiate orally or through the provision of documents information as soon as possible in the procedure any relevant information that could help to establish the presence of family members, relatives or any other family relations in the Member States, including the means by which the applicant can submit such information, as well as any assistance that the Member State can offer with regard to the tracing of family members or relatives;
Amendment 1300 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d a (new)
Article 11 – paragraph 1 – point d a (new)
(da) the applicant shall be informed that his or her absconding may prejudice the conduct of the interview and that, in any case, he or she has the right to ask for the interview to be conducted;
Amendment 1302 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point e
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;. The competent authorities shall take into account the elements and information relevant for determining the Member state responsible submitted at any stage of the procedure, provided they have been submitted before the final decision determining the Member State responsible. In the period between the final decision and the actual transfer to a designated Member State, other relevant elements provided by the applicant shall be taken into consideration if the delay in submitting them is due to justified reasons.
Amendment 1311 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) of the possibility 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)existence of the rights to have an effective remedy with automatic suspensive effect before a Court or a Tribunal in accordance with Article 47 of the Charter of Fundamental Rights, including in a situation where no transfer decision is taken;
Amendment 1319 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point g
Article 11 – paragraph 1 – point g
(g) of the right to be granted, on request, legal and linguistic assistance free of charge at all stages of the procedure, where the person concerned cannot afford the costs involved;
Amendment 1323 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point g a (new)
Article 11 – paragraph 1 – point g a (new)
(ga) of the possibility under Article 25 to request the discretionary clause to be applied by any Member State from the Member State where they are present, as well as of the specific arrangements relating to the procedure;
Amendment 1328 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point k
Article 11 – paragraph 1 – point k
(k) in the case of an unaccompanied minor, of 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;
Amendment 1332 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point l
Article 11 – paragraph 1 – point l
Amendment 1336 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall be provided in writingthe mother tongue of the applicant or, if not possible, 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. . In both cases the information shall be provided in a concise, transparent, intelligible and easily accessible form, using clear and plain language. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. The information shall be provided in writing and orally, where appropriate with the support of multimedia equipment. Oral information may be given either in individual or group sessions and applicants shall have the possibility to ask questions about the procedural steps they are expected to follow with regard to the process of determining a Member State responsible in accordance with this Regulation. When the applicant is a minor, information shall be provided in a child-friendly manner, including in both written and oral forms by appropriately trained staff and with the involvement of the guardian, notably about the process to identify family members or relatives in accordance with Article 15 of this Regulation.
Amendment 1343 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 1350 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Asylum Agency shall, in close cooperation with the responsible national agencies, draw up common information material, as well as a specific leaflet for unaccompanied minors, 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. The European Union Agency for Asylum shall create specific information material intended particularly for the following target groups: (a) adult applicants; (b) unaccompanied minors; (c) accompanied minors.
Amendment 1354 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. 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, at least every two weeks. In the case of minors, the competent authorities shall, in accordance with the same arrangements, inform both the minor and the parent or guardian. The Commission shall be empowered to adopt implementing acts to establish the arrangements for the provision of such information.
Amendment 1357 #
2020/0279(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 1358 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. In order to facilitate the process of determining the Member State responsible, the determining Member Statecompetent authorities of the determining Member State, assisted by the Asylum Agency, shall conduct a personal interview with the applicant. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 11specific individual situation of the applicant and of the information he or she supplied in accordance with Article 11. The determining Member State shall proactively ask questions on all aspects of the claim that would allow for the determination of the Member States responsible. In any case, the presence of the legal representative of the applicant or of a representative of an institution for the protection and assistance of asylum seekers registered in the Member State shall be allowed at the interview.
Amendment 1364 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 1373 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The personal interview shall take place in a timely manner and, in any event, before any take charge request is made pursuant to Article 29 or take back request pursuant to Article 31.
Amendment 1379 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The personal interview shall be conducted in the mother tongue of the applicant or 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.
Amendment 1390 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 5 a (new)
Article 12 – paragraph 5 a (new)
5a. The Member State shall ensure that there are appropriate standard operating procedures in place in order to ensure that appropriate protection measures are taken with respect to applicants at risk of being exploited for the purposes of trafficking in human beings or other organised crime activities.
Amendment 1394 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 1405 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Each Member State where an unaccompanied minor is presents shall ensure that he or she isminors are represented and assisted by a representativeguardian with respect to the relevant procedures provided for in this Regulation. The representativeguardian shall have the resources, qualifications, training and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors.minors, and shall inform the child accordingly about the procedure. The guardian shall be appointed as soon as possible but, at the latest, within two days after the arrival, and in any event prior to the collection of biometric data pursuant to Articles 10, 13 and 14a of Regulation (EU) XXX/XXX (Eurodac Regulation)
Amendment 1411 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Where an organisation is appointed as a 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.
Amendment 1414 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
The representativeguardian provided for in the first subparagraph may be the same person or organisation as provided for in Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation].
Amendment 1416 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The representative of an unaccompanied minor shall bguardian shall represent the minvolvedor in the process of establishing the Member State responsible under this Regulation. T and any other representativeight recognized to the minor. 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 with due regard to confidentiality obligations to the minor. The guardian shall ensure the minor has access to information, legal advice and representation concerning the procedures under this Regulation and shall keep the minor informed on the progress in the procedures under this Regulation concerning him or her. The guardian shall have access to the content of the relevant documents in the minor's file including the specific information material for unaccompanied minors and the forms provided for in Article 6. Guardians shall receive regular training and support to undertake their tasks.
Amendment 1424 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. In assessing the best interests of the child, Member States shall closely cooperate with each other and shall, in particular, take due account of the following factorsnon-exhaustive list of factors and rights of the child:
Amendment 1429 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
(a) the preservation of family life, including family reunification possibilities;
Amendment 1436 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) the minor’s well-being and social development, taking into particular consideration the minor’s backgroundethnic, religious, cultural and linguistic background and further having regard to the need for stability and continuity in care and custodial arrangements and access to health and education services;
Amendment 1449 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point c
Article 13 – paragraph 4 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings or violence within the family;
Amendment 1451 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point c a (new)
Article 13 – paragraph 4 – point c a (new)
(ca) situations of vulnerability, including psycho-physical trauma, specific health needs and disability;
Amendment 1458 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point d a (new)
Article 13 – paragraph 4 – point d a (new)
(da) the need for decisions concerning minors to be treated with priority;
Amendment 1459 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point d b (new)
Article 13 – paragraph 4 – point d b (new)
(db) In assessing the best interests of the minor, the minor's right to be heard must be guaranteed to every child capable of forming his or her own views.
Amendment 1461 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point e
Article 13 – paragraph 4 – point e
(e) where the applicant is an unaccompanied minor, the information provided by the representativeguardian in the Member State where the unaccompanied minor is present.
Amendment 1467 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
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 surobtain guarantees assessed on the individual case 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. Any decision to transfer an unaccompaniedor not transfer a minor shall be preceded by an individual and multidisciplinary 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 multidisciplinary staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration. The multidisciplinary assessment shall involve competent staff with expertise in child protection and child psychology and development and shall also include, as a minimum, the minor’s guardian and legal advisor. Before the transfer of a minor, the receiving Member State shall appoint a guardian as soon as possible, but in any event within five working days of the confirmation of the transfer decision. The competent authorities shall communicate the information regarding the guardian appointed by the receiving Member State to the current guardian together with the arrangements for the transfer.
Amendment 1480 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 1
Article 13 – paragraph 6 – subparagraph 1
To that end, that Member State may call for the assistance of international or other relevant organisations, and may facilitate the minor’s access to the tracing services of such organisations., as soon as possible after an application for international protection is made, whilst protecting his or her best interest. In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, so as to avoid jeopardising their safety
Amendment 1484 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
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, including training on rights of the child and child psychology and development. Such training shall also include modules on risk assessment to target care and protection depending on the individual needs of the minor, with a specific focus on early identification of victims of trafficking in human beings and of abuse, as well as training on good practices to prevent disappearance.
Amendment 1491 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. With a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor living in the territory of another Member State pursuant to paragraph 6, the Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1492 #
2020/0279(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 1494 #
2020/0279(COD)
Proposal for a regulation
Article 14 – title
Article 14 – title
Hierarchy of criteria upon arrival and disembarkation, including following search and rescue operations
Amendment 1497 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
Amendment 1500 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 b (new)
Article 14 – paragraph 2 b (new)
2b. That Member State, assisted by the Asylum Agency, shall arrange, upon arrival or after disembarkation, including following search and rescue operations and activities, for an interview with the applicant in order to identify his or her meaningful links with one or more member States including that of arrival. The applicant has the right to be informed and cooperate in line with article 11 of this Regulation.
Amendment 1501 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 c (new)
Article 14 – paragraph 2 c (new)
Amendment 1502 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 d (new)
Article 14 – paragraph 2 d (new)
2d. The Member State of entry, in cooperation with the Asylum Agency, shall inform the applicant of the determination and of the arrangements of the transfer to the Member State responsible for the examination, in accordance to Article 32 of this Regulation.
Amendment 1503 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 e (new)
Article 14 – paragraph 2 e (new)
2e. If no meaningful links with a Member State are established or no criteria listed in this Chapter are applicable, the procedure established in Article 45 of this Regulation shall apply.
Amendment 1505 #
Amendment 1506 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph -1 (new)
Article 15 – paragraph -1 (new)
-1. Where a minor is accompanied by one parent, adult sibling or other adult who holds parental responsibility for the minor, whether by law or by the practice of that Member State, and one parent or other adult who holds parental responsibility for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the determination of the Member State responsible shall be based on the objective of prioritising family unity, taking into account the best interest of the child.
Amendment 1509 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, unlessif it is demonstrated that it is not in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member Statesin the best minor's best interest. Where the applicant is a minor, the Member State responsible shall be the Member State where the father, mother, grandparents or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present.
Amendment 1518 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, 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.
Amendment 1529 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and the exchange of information between Member States. The implementing acts shall promote the ability of the guardian and legal assistance provider to seek assistance in another State so as to gain information about the circumstances of reception and care arrangements in the other country or family reunion possibilities. This may involve contact with guardianship authority, information on access to legal assistance in the event of need to appeal. The implementing acts shall also promote and facilitate cooperation between guardians and legal assistance providers between States in the event a transfer of a minor is being contemplated or implemented, including providing for sharing of information about the minor, with the informed consent of the minor. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1534 #
2020/0279(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Family members who are beneficiaries of international protectionlegally reside in a Member state
Amendment 1536 #
2020/0279(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Where the applicant has a family member who has been allowed to reside as a beneficiary of international protection, regardless of whether the family was previously formed in the country of origin, who is legally residing in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 1541 #
2020/0279(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Where the applicant has a family member in a Member State whose application for international protection in that Member State has not yet been the subject of a first decision regarding the substance, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 1554 #
2020/0279(COD)
Proposal for a regulation
Article 19 – paragraph 4
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 three years before the application was registered, paragraphs 1, 2 and 3 shall apply.
Amendment 1556 #
2020/0279(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19a Previous stays If the applicant has resided legally for at least two years in a Member state with a valid residence permit, the Member state shall be responsible for examining his or her application for international protection.
Amendment 1567 #
2020/0279(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 1582 #
2020/0279(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 1589 #
2020/0279(COD)
Proposal for a regulation
Article 23
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
Amendment 1597 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. Where, on account of pregnancy, having a new-born child, serious illness, severe disability, severe trauma or old age,trauma, old age, or other relevant psychological and/or physical vulnerabilities an applicant is dependentin need onf the assistance of his or her child or , sibling, parent, or grandparent legally resident in one of the Member States, or his or her child or , sibling, parent or grandparent legally resident in one of the Member States is dependentn need onf the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child or , sibling, parent, or grandparent, provided that family ties existed before the applicant arrived on the territory of the Member States, that the child or the child, sibling, parent or grandparent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing.
Amendment 1600 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Where there are indications that a child or , sibling, parent or grandparent is legally resident on the territory of the Member State where the dependent person is present, that Member State shall verify whether the child or , sibling, parent or grandparent can take care of the dependent person, before making a take charge request pursuant to Article 29.
Amendment 1607 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the child or , sibling, parent or grandparent referred to in paragraph 1 is legally resident in a Member State other than the one where the applicant is present, the Member State responsible shall be the one where the child or parent is legally resident unless the applicant’s health prevents him or her from travelling to that Member State for a significant period of time, sibling, parent or grandparent is legally resident . In such a case, the Member State responsible shall be the one where the applicant is present. Such Member State shall not be subject to the obligation to bring the child or , sibling, parent or grandparent of the applicant to its territory.
Amendment 1613 #
2020/0279(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Sponsorship 1. A Member State may provide the possibility that recognised organisations working in that Member State in the field of refugee protection programmes and prevention of trafficking in human beings become the sponsor of an applicant who has applied for international protection in the Union. The sponsoring organization shall arrange for the applicant's relocation and stay in the Member State until a final decision is taken on his or her application for international protection. 2. If the Member State in which the organization is established agrees to take charge of the applicant, it becomes the Member State responsible for examining the application for international protection.
Amendment 1615 #
2020/0279(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. By way of derogation from Article 8(1), each Member State may decide to examine an application for international protection by a third-country national or a stateless person registerlodged with it, even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 1618 #
2020/0279(COD)
Proposal for a regulation
Article 25 – paragraph 2 – introductory part
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 social ties, language skills or other meaningful links which would facilitate his or her integration into that other Member state, 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.
Amendment 1620 #
2020/0279(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
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 twoone months of receipt of the request using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. A reply refusing the request shall state the reasons on which the refusal is based. Where the requested Member State accepts the request, responsibility for examining the application shall be transferred to it.
Amendment 1629 #
2020/0279(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25 a Light Family procedure 1. The determining Member State shall be responsible for conducting a special family reunification procedure for the applicant in order to ensure swift family reunification and access to the asylum procedures for applicants where there are, prima facie, sufficient indicators showing that they are likely to have the right to family reunification in accordance with Article 13, 15, 16, 24a. 2. If it is determined pursuant to paragraphs 1 and 2 that an applicant has, prima facie, the right to family reunification in accordance with Article 13, 15, 16 24a, the determining Member State shall notify the Member State of allocation thereof and the applicant shall be transferred to that Member State. 3. In accordance with the procedure referred to in paragraph 2, the Member State of allocation shall make the determination of whether the conditions for family reunification in accordance with Article 18 are met. If this is the case the Member state of allocation shall become the Member State responsible.
Amendment 1640 #
2020/0279(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
Amendment 1649 #
2020/0279(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
Amendment 1659 #
2020/0279(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1
Article 27 – paragraph 1 – subparagraph 1
The first subparagraph shall not apply if the person has already been granted international protection by the responsible Member State, provided that the beneficiary does not claim before a judge that in the Member State primarily designated as responsible there are substantial grounds for believing that he or she would be in danger of being subjected to torture or inhuman or degrading treatments and punishments, in contrast with Article 4 of the EU Charter of Fundamental Rights, pursuant to Article 8 (3).
Amendment 1667 #
2020/0279(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. The obligations specified in Article 26 shall cease where the Member State responsible can establish, when requested to take charge of or take back an applicant or another person as referred in Article 26, that the person concerned has left the territory of the Member States for at least three months, unless the person concerned is in possession of a valid residence document issued by the Member State responsible. An application registered after the period of absence referred to in the first subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 1691 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. If a Member State where an application for international protection has been registered considers that another Member State is responsible for examining the application, it shall, without delay and in any event within twohree months of the date on which the application was registered, request that other Member State to take charge of the applicant.
Amendment 1700 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Articles 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21 of Regulation (EC) No 767/2008, the request to take charge shall be sent within onetwo months of receiving that hit.
Amendment 1704 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3
Article 29 – paragraph 1 – subparagraph 3
Where the applicant is an unaccompanied minor, or the determining Member State may, where it considers that it is in the best interest of the minorrequest is based on Article 16 or 17, the determining Member State may, 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. With regard to minors, for the purpose of calculating the deadlines referred to in the first and second subparagraphs of this paragraph, time shall start to run when a guardian has been appointed and when the best interests assessment pursuant to Article 13, 15, 16, 17, 25a has been concluded.
Amendment 1739 #
2020/0279(COD)
Proposal for a regulation
Article 31 – title
Article 31 – title
Submitting a take back notificationrequest
Amendment 1745 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In a situation referred to in Article 26(1), point (b), (c) or (d) the Member State where the person is present shall make a take back notificationrequest without delay and in any event within two weeks after receiving the Eurodac hit. Where the take back request is not made within the established time limit, the responsibility for examining the application for international protection shall lie with the Member State where the applicant is present.
Amendment 1763 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The notifirequested Member State shall aconfirm receipt of the notification torequest of the Member State which made the notificationrequest within onefour weeks, unless the notifirequested Member State can demonstrate within that time limit that its is not responsibility has ceasedle pursuant to Article 27.
Amendment 1768 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Failure to act within the onefour-weeks period set out in paragraph 3 shall be tantamount to confirming the receipt of the notificationrequest.
Amendment 1774 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back notificationrequests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1781 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The determining Member State whose take charge request as regards the applicant referred to in Article 26(1), point (a) was accepted or who made a take back notification as regards persons referred to in Article 26(1), point (b), (c) and (d) shall take a transfer decision at the latest within one week of the acceptance or notification.
Amendment 1788 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 2
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 delayin one week 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.
Amendment 1793 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 4 – introductory part
Article 32 – paragraph 4 – introductory part
4. The decision referred to in paragraph 1 shall be written in a language understandable to the applicant and contain information 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.
Amendment 1808 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The applicant or another person as referred to in Article 26(1), point (b), (c) and (d) shall have the right to an effective remedy with automatic suspensive effect, in the form of an appeal or a review, in fact and in law, against a transfer decision, before a court or tribunal.
Amendment 1811 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
Amendment 1823 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 3 – introductory part
Article 33 – paragraph 3 – introductory part
3. The person concerned shall have the right to request, within a reasonable period of Member States shall ensure that an effectimve from the notificationremedy shall confer ofn the transfer decision, a court or tribunal to suspend the implementation of the transfer decisionperson concerned the right to remain in the Member state concerned pending the outcome of his or ther appeal or review. Member States shall ensure that an effective remedy is in place by suspending the transfer, the transfer shall be automatically suspended until the decision on the first suspension request is taken. Any decision on whether to suspend the implementation of the transfer decision shall be taken within one month of the date when that request reached the competent court or tribunal.
Amendment 1826 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1
Article 33 – paragraph 3 – subparagraph 1
Amendment 1834 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – introductory part
Article 33 – paragraph 5 – introductory part
5. Member States shall ensure that legal assistance is granted on request free of charge, at all stages of the procedure, where the person concerned cannot afford the costs involved, according to Article 11a of this Regulation. Member States may provide that, as regards fees and other costs, the treatment of persons subject to this Regulation shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance.
Amendment 1838 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 1
Article 33 – paragraph 5 – subparagraph 1
Amendment 1844 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 2
Article 33 – paragraph 5 – subparagraph 2
Amendment 1845 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 3
Article 33 – paragraph 5 – subparagraph 3
Amendment 1848 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 4
Article 33 – paragraph 5 – subparagraph 4
Legal assistance shall include at least the preparation of the required procedural documents and representation before a court or tribunal and may be restricted to legal advisors or counsellors specifically designated by national law to provide assistance and representationbe in line with Article 11a.
Amendment 1850 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 5
Article 33 – paragraph 5 – subparagraph 5
Amendment 1853 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation. Detention shall, in any case, be a measure of last resort when alternatives are not available.
Amendment 1858 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. Minors, whether accompanied or unaccompanied, and vulnerable people according to Directive 2013/33 shall not be detained. In accordance with the principle of family unity, parents or legal or customary primary caregivers shall not be detained. Unaccompanied minors shall be placed in appropriate alternative care settings in the national child protection system in line with their best interest and taking into consideration their views and needs. Families with minor children shall be accommodated together in non- custodial, community-based placements while their immigration status is being resolved.
Amendment 1866 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Where there is a proven risk of absconding, Member States, as measure of last resort, may detain the person concerned in order to secure a transfer proceduresafter a final transfer decision has been taken and notified in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively, based on an individual assessment of the person’s circumstances.
Amendment 1874 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 3 – introductory part
Article 34 – paragraph 3 – introductory part
3. Detention shall be for as short a period 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, and in any case shall not exceed three months.
Amendment 1883 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
Where an applicant or another person referred to in Article 26(1), point (b), (c) or (d) is detained pursuant to this Article, the period for submitting a take charge request or a take back notificationrequest shall not exceed two weeks from the registration of the application. Where a person is detained at a later stage than the registration of the application, the period for submitting a take charge request or a take back notification shall not exceed one week from the date on which the person was placed in detention. The Member State carrying out the procedure in accordance with this Regulation shall ask for an urgent reply on a take charge request. Such reply shall be given within one week of receipt of the take charge request. Failure to reply within the one-week period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival.
Amendment 1895 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Where a person is detained pursuant to this Article, the detention shall be ordered in writing by judicial authorities. The detention order shall state the reasons in fact and in law on which it is based and shall contain a reference to the consideration of the available alternatives and the reasons as to way they could not be applied effectively.
Amendment 1899 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. As regards the detention conditions, which shall fully respect the person's fundamental rights and the guarantees applicable to applicants detained, in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive XXX/XXX/EU [Reception Conditions Directive] shall apply.
Amendment 1906 #
2020/0279(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
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 six months of the acceptance of the take charge request or of the confirmation of the take back notificationrequest 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). 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 for criminal purposes.
Amendment 1929 #
2020/0279(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1
Article 35 – paragraph 2 – subparagraph 1
Amendment 1934 #
2020/0279(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. In accordance with Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], a contribution shall be paid to the Member State carrying out the transfer for theThe costs necessary to transfer of an applicant or another person as referred to in Article 26(1), point (b), (c) or (d), pursuant to Article 35to the Member state responsible shall be met by the General Budget of the Union.
Amendment 1939 #
2020/0279(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Member State carrying out the transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) or (d), shall communicate to the Member State responsible such personal data concerning the person to be transferred as is adequate, relevant and limited to what is necessary for the sole purposes of ensuring that the competent authorities, in accordance with national law in the Member State responsible, are in a position to provide that person with adequate assistance, including the provision of immediate health care required in order to protect his or her vital interests, to ensure continuity in the protection and rights afforded by this Regulation and by other applicable asylum legal instruments. Those data shall be communicated to the Member State responsible within a reasonable period of time before a transfer is carried out, in order to ensure that its competent authorities in under national law have sufficient time to take the necessary measures.
Amendment 1977 #
2020/0279(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Provided it is necessary for the examination of the application for international protection, the Member State responsible may request another Member State to let it know on what grounds the applicant bases his or her application and, where applicable, the grounds for any decisions taken concerning the applicant. The other Member State may refuse to respond to the request submitted to it, if the communication of such information is likely to harm its essential interests or the protection of the liberties and fundamental rights of the person concerned or of others. In any event, communication of the information requested shall be subject to the written approval of the applicant for international protection, obtained by the requesting Member State. In that case, the applicant must know for what specific information he or she is giving his or her approval.
Amendment 1994 #
2020/0279(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Before concluding or amending any arrangement as referred to in paragraph 1, point (b), the Member States concerned shall consult the Commission as to the compatibility of the arrangement with this Regulation and with other relevant provisions of EU Law, including the Charter of Fundamental Rights.
Amendment 1995 #
2020/0279(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. If the Commission considers the arrangements referred to in paragraph 1, point (b), to be incompatible with this Regulation, and with any other relevant provisions of EU Law including the Charter of Fundamental Rights, it shall, within a reasonable period, notify the Member States concerned. The Member States shall take all appropriate steps to amend the arrangement concerned within a reasonable time in such a way as to eliminate any incompatibilities observed.
Amendment 2015 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. Solidarity contributions for the benefit of a Member State under migratory pressureof first entry or subject to disembarkations following, including after search and rescue operations shall consist of the followand activities shall be established according to the procedure provided ing types:his Article.
Amendment 2020 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
Amendment 2034 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
Amendment 2036 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
Amendment 2045 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
Amendment 2058 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 a (new)
Article 45 – paragraph 1 a (new)
1a. Where no meaningful links can be established, the Commission, assisted by the Asylum Agency, shall identify the Member State with the lowest number of applicants in relation to its share, calculated on the basis of the distribution key, as the Member State responsible. The European Commission will immediately notify this Member State which will be responsible for examining the application and the Member State of first entry.
Amendment 2061 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 b (new)
Article 45 – paragraph 1 b (new)
1b. The Member State of first entry, in cooperation with the Asylum Agency, shall immediately inform the applicant about the determination of responsibility as referred to in paragraph2 of this Article, and of the arrangements of the transfer to the Member State responsible for the examination, in accordance to Article 32 of this Regulation.
Amendment 2062 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 c (new)
Article 45 – paragraph 1 c (new)
1c. The procedure established by this Article shall apply to applicants arrived in a Member State by land, air or sea, including after disembarkation and following search and rescue operations and activities.
Amendment 2063 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 d (new)
Article 45 – paragraph 1 d (new)
1d. The share calculated according to the distribution key may be adjusted when a Member State demonstrates that over the proceeding 10 years it has been responsible for twice the Union average per capita of applicants for international protection.
Amendment 2067 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 2086 #
2020/0279(COD)
Proposal for a regulation
Article 46
Article 46
Article 46 deleted Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.
Amendment 2105 #
2020/0279(COD)
Proposal for a regulation
Article 47 – title
Article 47 – title
47 Solidarity for disembarkations following search and rescue activities and operations
Amendment 2107 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. This Article and Articles 148 and 495 shall also apply to search and rescue oparrivals, connected to search and rescue activities as referred to in the 1979 Internations that generate recurring arrivalsal Convention Maritime on Search and Rescue adopted in Hamburg, Germany, on 27 April 1979, and operations as referred to in Article 10 of Regulation (EU) No656/2014, leading to disembarkation of third- country nationals orand stateless persons on to the territory of a Member State and to vulnerable persons as set out in Article 49(4).
Amendment 2112 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Where the Migration Management Report referred to in Article 6(4) indicates that one or more Member States faced with the situations referred to in paragraph 1, it shall also set out the total number of applicants for international protection referred to in Article 45(1), point (a) that would need to be relocated in order to assist those Member States. The report shall also identify any capacity-building measures referred to in Article 45(1), point (d) which are necessary to assist the Member State concernedIn the context of disembarkations following search and rescue activities and operations, as defined in paragraph 1, the special needs of children, including unaccompanied minors, victims of trafficking in human beings, persons in need of urgent medical assistance, disabled persons, persons in need of international protection and other persons in a particularly vulnerable situation, shall be addressed as a matter of urgency and in a spirit of solidarity, pursuant to Articles 14 and 45.
Amendment 2114 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
Amendment 2118 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
Amendment 2132 #
2020/0279(COD)
Amendment 2140 #
Amendment 2177 #
Amendment 2207 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point a
Article 50 – paragraph 1 – point a
(a) that Member State has informed the Commission that it considers itself to be under migratory pressure; and
Amendment 2211 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point b
Article 50 – paragraph 1 – point b
(b) on the basis of available information, it considers that aone or more Member States may be under migratory pressure, due to a constant level of arrivals, including after disembarkation, which would undermine the effective functioning of the procedures foreseen in Articles 14 and 45 of this Regulation.
Amendment 2216 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The Asylum Agency and the European Border and Coast Guard Agency shall assist the Commission in drawing up the assessment of migratory pressure, in cooperation with the Member States in question. The Commission shall inform the European Parliament, the Council and the Member States concerned, without delay, that it is undertaking an assessment.
Amendment 2221 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point a
Article 50 – paragraph 3 – point a
(a) the total number of applications for international protection by third-country nationals and the nationality of the applicants;
Amendment 2223 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point b
Article 50 – paragraph 3 – point b
Amendment 2227 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point c
Article 50 – paragraph 3 – point c
Amendment 2230 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point d
Article 50 – paragraph 3 – point d
Amendment 2235 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point f
Article 50 – paragraph 3 – point f
Amendment 2239 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point g
Article 50 – paragraph 3 – point g
Amendment 2242 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point h
Article 50 – paragraph 3 – point h
(h) the number of persons apprehendidentified in connection with an irregular crossing of the external land, sea or air border;
Amendment 2245 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point i
Article 50 – paragraph 3 – point i
Amendment 2249 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point j
Article 50 – paragraph 3 – point j
(j) the number and nationality of third- country nationals disembarked and following search and rescue operations and activities, including the number of applications for international protection;
Amendment 2251 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point k
Article 50 – paragraph 3 – point k
(k) the number of vulnerable migrants, in particular unaccompanied minors.
Amendment 2254 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point k a (new)
Article 50 – paragraph 3 – point k a (new)
(ka) the capacity of the Member States under migratory pressure, in particular in its overall needs in managing its asylum and reception caseload.
Amendment 2260 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point b
Article 50 – paragraph 4 – point b
Amendment 2263 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point f
Article 50 – paragraph 4 – point f
Amendment 2267 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point h
Article 50 – paragraph 4 – point h
Amendment 2275 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 1 – introductory part
Article 51 – paragraph 1 – introductory part
1. The Commission shall consult the Member States concerned during its assessment undertaken pursuant to Article 50(1).
Amendment 2281 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. In the report, the Commission shall state and explain whether the Member States concerned isare under migratory pressure.
Amendment 2285 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – introductory part
Article 51 – paragraph 3 – introductory part
3. Where the Commission concludes that the Member States concerned isare under migratory pressure, the report shall identify:
Amendment 2288 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point a
Article 51 – paragraph 3 – point a
(a) the capacity of the Member States under migratory pressure in the field of migration management, in particular asylum and return as well as, in particular in its overall needs in managing its asylum and returception caseload;
Amendment 2292 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point b – point i
Article 51 – paragraph 3 – point b – point i
(i) measures that the Member States under migratory pressure should take in the field of migration management, and in particular in the field of asylum and returception;
Amendment 2294 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point b – point ii
Article 51 – paragraph 3 – point b – point ii
(ii) measures referred to in Article 45(1), points (a), (b) andidentified by the Commission to support the Member States concerned, including: (a) capacity building measures in the field of asylum and reception, corresponding to the needs of the Member States under pressure; (cb) to be taken by other Member States; relocation of beneficiaries of international protection who have been granted protection less than two years prior to the relocation.
Amendment 2299 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point b – point iii
Article 51 – paragraph 3 – point b – point iii
Amendment 2314 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Where 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 of the solidarity contributions referred to in Article 45(1), points (a), (b) and (c51(3) (b) (ii). Member States shall prioritise the relocation of unaccompanied minors.
Amendment 2317 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
Amendment 2325 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 3 – introductory part
Article 52 – paragraph 3 – introductory part
3. Within two weeks from the adoption of the report referred to in Article 51, Member States shall submit to the Commission a Solidarity Response Plan by completing the form in Annex II. The Solidarity Response Plan shall indicate the type of contributions from among those set out in Article 51(3)(b)(ii) or, where relevant, the measures set out in Article 51(3)(b)(iii) that Member States propose to take. Where Member States propose more than one type of contribution set out in Article 51(3)(b)(ii), they shall indicate the share of each.
Amendment 2329 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Article 52 – paragraph 3 – subparagraph 1
Amendment 2332 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2
Article 52 – paragraph 3 – subparagraph 2
Amendment 2339 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 4
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.
Amendment 2341 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
Amendment 2356 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Within two weeks from the submission of the Solidarity Response Plans referred to in Article 52(3) or, where the Solidarity Forum is convened pursuant to Article 52(4), within two weeks from the end of the Solidarity Forum, the Commission shall adopt an implementing act laying down the solidarity contributions for the benefit of the Member States under migratory pressure to be taken by the other Member States and the timeframe for their implementation.
Amendment 2357 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1
Article 53 – paragraph 2 – subparagraph 1
Amendment 2360 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
Amendment 2363 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 3
Article 53 – paragraph 2 – subparagraph 3
Where the measures proposed would lead to a shortfall greater than 30% of the total number of solidarity measures identified in the report on migratory pressure under Article 51(3)(b)(ii), 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 51(3)(b)(ii). The CommissionCommission considers the measures proposed are inadequate, it shall adjust measures referred to in Article 51(3)(b)(iii) indicated by those Member States accordingly.
Amendment 2364 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point a
Article 53 – paragraph 3 – point a
(a) the total number of persons to be relocated from the requesting Member State pursuant to Article 45(1), points (a) or (c), taking into account the capacity and needs of the requesting Member States in the area of asylum identified in the report referred to inset of measures foreseen in Article 51 (3) (b) (ii) of this Regulation, including the total number of beneficiaries of international protection pursuant to Article 51 (3) (b) (ii) (b), that shall be relocated;
Amendment 2365 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point b
Article 53 – paragraph 3 – point b
Amendment 2366 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point c
Article 53 – paragraph 3 – point c
Amendment 2367 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point d
Article 53 – paragraph 3 – point d
Amendment 2370 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 1
Article 53 – paragraph 3 – subparagraph 1
Amendment 2373 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 4
Article 53 – paragraph 4
Amendment 2380 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – introductory part
Article 54 – paragraph 1 – introductory part
The share of solidarity contributions referred to in Articles 45(1), points (a), (b) and (c) to be provided by each Member State in accordance with Articles 48 and 53 shall be calculated in accordance with the formula set out in Annex III and and 50 to 53 shall be based on the following criteria for each Member State, according to the latest available Eurostat data:
Amendment 2383 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a
Article 54 – paragraph 1 – point a
(a) the size of the population (540% weighting);
Amendment 2392 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point b
Article 54 – paragraph 1 – point b
(b) the total GDP (540% weighting).
Amendment 2398 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point b a (new)
Article 54 – paragraph 1 – point b a (new)
(ba) unemployment rate (20% weighting)
Amendment 2404 #
2020/0279(COD)
Amendment 2430 #
2020/0279(COD)
Proposal for a regulation
Article 56 – title
Article 56 – title
Amendment 2432 #
2020/0279(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
Amendment 2436 #
2020/0279(COD)
2. Any Member State may, at any time, in response to a request for solidarity support by a Member State, or onsituations where there 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]no migratory pressure and where the mechanism established in Article 51 -53 is not applicable, decide to relocate beneficiaries of international protection. In this case it shall inform the Commission without delay.
Amendment 2438 #
2020/0279(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
Amendment 2446 #
2020/0279(COD)
Amendment 2450 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point b
Article 57 – paragraph 1 – point b
(b) persons referred to in Article 45(1), point (b) where the period referred to in Article 55(2) has expired, and Article 45(2), point51(3) (b) (ii) (b).;
Amendment 2456 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider the person concerned an individual and specific danger to national security or public order of that Member State, according to the procedure laid down in Article 14 (3). If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall not apply the procedure set out in this Article and shall, where applicable, exclude the person from the list referred to in Article 49(2)being relocated.
Amendment 2457 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
Amendment 2466 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1
Article 57 – paragraph 3 – subparagraph 1
Where relocation is to be applied pursuant to Article 49,, the EU relocation coordinator should support the relocation activities from the benefitting Member Sstate shall use the list drawn up by the Asylum Agency and the European Border and Coast Guard Agencyto the contributing member state implementing their obligations referred to in Article 49(213a (d).
Amendment 2473 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 a (new)
Article 57 – paragraph 3 a (new)
3a. Each Member State shall create a database of the requests of beneficiaries of international protection, who have been legally residing in its territory for less than two years and who have expressed their willingness to be relocated to another Member State. Each beneficiary of international protection may express up to two preferences for Member States to which he or she may be relocated. Each Member State shall regularly update the database referred to in this paragraph.
Amendment 2474 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 b (new)
Article 57 – paragraph 3 b (new)
3b. The Commission shall, by means of implementing act, lay down uniform criteria for the collection, retention and deletion by the Member States of the information referred to in paragraph 1, and the organizational and operational arrangements for the implementation of relocation;
Amendment 2475 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 c (new)
Article 57 – paragraph 3 c (new)
3c. When implementing the solidarity measures pursuant to Article 53(3), the benefitting Member State shall promptly inform of the activation of the relocation procedure, the beneficiaries of international protection registered in the database referred to in paragraph 1, on the basis of the chronological order of registration. Member States shall take into consideration the preferences expressed by the beneficiary of international protection. Potential beneficiaries of relocation shall express their consent to be relocated within 7 days after they have been informed, otherwise they shall be considered non-eligible for relocation. The benefitting Member State shall identify a number of beneficiaries corresponding to that established, by means of implementing act, by the Commission pursuant to Article 53.
Amendment 2477 #
2020/0279(COD)
Amendment 2483 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 5
Article 57 – paragraph 5
5. The benefitting Member State shall transmit to the Member State of relocation as quickly as possible the relevant information and documents on the person referred to in paragraphs 2 and 3.
Amendment 2484 #
2020/0279(COD)
Amendment 2489 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 7
Article 57 – paragraph 7
Amendment 2512 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
Amendment 2518 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 2 a (new)
Article 58 – paragraph 2 a (new)
2a. The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 11(1) and (3), respectively, of Regulation (EU) XXX/XXX [Eurodac Regulation].
Amendment 2520 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
Amendment 2523 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. Where the Member State of relocation has relocated a beneficiary for international protection, tThe Member State of relocation shall automatically grant international protection status respecting the respective status granted by the benefitting Member State.
Amendment 2529 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where the Member State of relocation has relocated a third-country national who is illegalrregularly staying on its territory, of Directive 2008/115/EC shall apply.
Amendment 2531 #
2020/0279(COD)
Proposal for a regulation
Article 59
Article 59
Amendment 2545 #
2020/0279(COD)
Proposal for a regulation
Article 61 – paragraph 1 a (new)
Article 61 – paragraph 1 a (new)
The cost of relocation and transfer will be covered by the EU budget.
Amendment 2546 #
2020/0279(COD)
Proposal for a regulation
Article 61 – paragraph 1 b (new)
Article 61 – paragraph 1 b (new)
The costs of reception of an applicant met by a 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.
Amendment 2580 #
2020/0279(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) EUR [10 000] per applicant for whom that Member State becomes responsible as a result of relocation in accordance with Articles 48, 53 and14 and 45 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 5617 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]; Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.)
Amendment 2584 #
2020/0279(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 2588 #
2020/0279(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
(d) The contribution in points (a), (b) and (c) is increased to EUR [12 000] for each unaccompanied minor relocated in accordance with Articles 485, Article 53 and53 and 56 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 5617 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.)
Amendment 26 #
2020/0002M(NLE)
Motion for a resolution
Recital E
Recital E
E. whereas the SFPA should contribute to the sustainable development of the Seychelles fisheries sector, in particular artisanal fisheries, with the aim of ensuring long-term food security and food sovereignty for the Seychelles population;
Amendment 52 #
2020/0002M(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the EU-Seychelles SFPA should promote further economic, financial, technical and scientific cooperation between the EU and Seychelles in the field of sustainable fisheries and sound exploitation of fishery resources in the Seychelles fishing zone, including support to control, surveillance and inspection of fishing activities;
Amendment 66 #
2020/0002M(NLE)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for the implementation of the measures recommended by the IOTC, particularly those concerning the restoration of yellowfin tuna stocks; urges the Commission to take additional emergency measures to stop the overfishingset capture limits of yellowfin tuna byto the EU fleet consistent with those recommendations;
Amendment 69 #
2020/0002M(NLE)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Emphasises the need to improve selectivity with a view to strongly reducing bycatch and unwanted captures of all species, in particular of sensitive species and juveniles, in order to ensure the long- term sustainability of stocks;
Amendment 77 #
2020/0002M(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the establishment of marine protected areas by Seychelles in its waters over recent years; expresses concern with regard to their management and warns of the negative effects that activities such as oil exploration and exploitation could have in these protected areas. Calls the importance to the surveillance and monitoring of those areas for granting the best scientific knowledge supporting their management;
Amendment 81 #
2020/0002M(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that the collection of accurate and reliable data, as well as effective surveillance, monitoring and controls of fisheries, is key to ensuring healthy fish stocks in the long term, and that the EU-Seychelles SFPA must reinforce cooperation in these fields; welcomes the possibility of carrying out risk-based joint inspection programmes on EU vessels;
Amendment 83 #
2020/0002M(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the introduction of an obligation for the Seychelles Government to publish all fisheries agreements signed by Seychelles. Reiterates the importance for the Seychelles authorities to only sign fisheries agreements with countries that are committed to the effort of fight against IUU and fleets that follow strict fisheries sustainable management rules;
Amendment 91 #
2020/0002M(NLE)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that sectoral support should be targeted more precisely so as to finance only those measures that actually help the local fishing sector, in particular artisanal fisheries, to develop and contribute to efficient fisheries management, crew safety training and the improvement of Monitoring, Control and Surveillance (MCS); calls for the publication of the detailed list of projects being funded by the sectoral support provided under this SFPA;
Amendment 99 #
2020/0002M(NLE)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to further increase the share of the total cost of SFPAs that is paid by ship owners by increasing the fee per tonne of fish caught, with the aim of reducing the share of access rights that is paid for from the EU budget, targeting the financial support mainly to the sustainable development of the Seychelles fisheries sector;
Amendment 35 #
2019/2208(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas the lack of harmonization has a deep impact on return practices among Member States;
Amendment 83 #
2019/2208(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the importance of ensuring compliance with return decisions and recalls the key principle enshrined in the directive that voluntary returns should be prioritised over forced returns, especially as it is less expensive and more sustainable;
Amendment 103 #
2019/2208(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that under Article 7 of the directive, a return decision shall provide for an appropriate period for voluntary departure, of at least 30 days, which Member States have to extend where necessary, taking into account the specific circumstances of the individual case; stresses that a relatively short period for voluntary departure may hinder or altogether prevent voluntary departure;
Amendment 114 #
2019/2208(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that a broad definition of the risk of absconding may lead to Member States frequently refraining from granting a period for voluntary departure; recalls the need for a closed and exhaustive list of criteria’s to define strictly the risk of absconding; recalls that lifting the voluntary departure period also leads to the imposition of an entry ban, which may further undermine voluntary departure;
Amendment 126 #
2019/2208(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that return and entry-ban decisions on removal should be individualised, clearly justified with reasons in law and in fact, issued in writing, and complete with information about available remedies, in a language the person understands;
Amendment 128 #
2019/2208(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes that the bilateral readmission agreements used pursuant to Article 6(3) of the Directive do not offer adequate procedural safeguards, including notification to the person concerned of an individual measure and information on available and effective remedies to appeal; regrets the recurrent practice of some Member States to continue to apply to other bilateral readmission agreements with another Member State or with a third Country instead of applying Article 6(1) of the Directive.
Amendment 130 #
2019/2208(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Highlights that the possibility offered by Article 2 paragraph 2 (A) not to apply the Directive to third-country national who are subject to a refusal of entry is creating parallel regimes which do not offer the same procedural guarantees as those provided for by the Directive and may lead to numerous violations of fundamental rights;
Amendment 136 #
2019/2208(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that the directive allows for the temporary suspension of the enforcement of a removal, pending a decision relating to return; underlines the importance of such suspensive effect in cases where there is a risk of refoulement; notes that in most countries, appeal against return is not automatically suspensive, which may diminish protection and increase administrative burdens; an automatic suspensive remedy is necessary to harmonize the practices and ensure that people are not returning before the final decision;
Amendment 146 #
2019/2208(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with regret the limited use of Article 6(4) of the directive; is concerned about the failure of Member States to issue a temporary residence permit where return has proven not to be possible; underlines the fact that granting residence permits to individuals who cannot return to their country of origin could help to prevent protracted irregular stays and facilitate individuals’ social inclusion and contribution to society; notes that this would also help to get people out of administrative limbos where they are left;
Amendment 206 #
2019/2208(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the directive establishes that returnees may lawfully be detained where other less coercive measures cannot be applied; expresses regret that despite the obligation to apply detention as a measure of last resort, in practice, very few viable alternatives to detention are developed and applied by Member States; calls on Member States, as a matter of urgency, to offer viable community-based alternatives to detention, which are proven to be better for migrants and Member States, since they cost less and have a less negative impact on migrants, especially children and vulnerable people;
Amendment 240 #
2019/2208(INI)
20a. Calls on the Commission and Member States to ensure the sustainability of returns by monitoring them and by funding reintegration programs in cooperation with third countries of origin.
Amendment 1 #
2019/2206(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to Articles 1, 2, 3, 4, and 18, 19 and 47 of the Charter of Fundamental Rights of the European Union,
Amendment 7 #
2019/2206(INI)
Motion for a resolution
Citation 4
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),
Amendment 10 #
2019/2206(INI)
Motion for a resolution
Citation 12
Citation 12
— having regard to the judgements of the European Court of Human Rights related to Regulation (EU) No 604/2013, and in particular Sharifi v. Austria of 5 December 2013 (Chamber judgment), Mohammadi v. Austria of 3 July 2014 (Chamber judgment), Sharifi and Others v. Italy and Greece of 21 October 2014 (Chamber judgment), and Tarakhel v. Switzerland of 4 November 2014 (Grand Chamber judgment), and ECtHR - M.S.S. v Belgium and Greece [GC]; Application No. 30696/09, Judgement of 21 November 2011, related to Regulation (EC) No 343/2003 of 18 February 2003 (Dublin II)
Amendment 13 #
2019/2206(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
— having regard to the European Parliament Resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to Migration (2015/2095(INI));
Amendment 14 #
2019/2206(INI)
Motion for a resolution
Citation 27 b (new)
Citation 27 b (new)
— having regard to the ECJ judgement of the 2 April 2020 on the joined cases C-715/17, C-718/17 and C- 719/17 Commission v Poland, Hungary and the Czech Republic;
Amendment 20 #
2019/2206(INI)
Motion for a resolution
Recital A
Recital A
A. whereas 2.5 million people applied for asylum in the European Union in the period 2015-2016, a fourfold increase compared to 2012-2013714,200 asylum applications were lodged in the EU in 2019;
Amendment 32 #
2019/2206(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the criteria for establishing the responsibility of a Member State for an asylum application include, in hierarchical order, the family unit; the issuance of residence permits or visas; irregular entry or stay, and visa- waived entry; where none of those grounds applies, the Member state in which an asylum application was first made becomes the Member state responsible under Article 3(2);
Amendment 41 #
2019/2206(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in the case of most asylum applications, the set of hierarchical criteria and the deadlines laid down as part of Dublin procedures are not met and transfers are not carried out;
Amendment 43 #
2019/2206(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas studies on the implementation of the Dublin III Regulation highlight systematic disregard towards family provisions and incorrect application of the principle of the best interest of the child, which have resulted in unnecessary and unreasonable transfer procedures;
Amendment 46 #
2019/2206(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the provisions on dependent persons (article 16) and the discretionary clauses (article 17) could be widely used to support family unity;
Amendment 48 #
2019/2206(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Amendment 51 #
2019/2206(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas the preventive action provision of the Dublin III Regulation (Article 33) has never been used;
Amendment 53 #
2019/2206(INI)
Motion for a resolution
Recital C e (new)
Recital C e (new)
Amendment 55 #
2019/2206(INI)
Motion for a resolution
Recital C f (new)
Recital C f (new)
Cf. whereas implementation of the Dublin III Regulation does not effectively address secondary movements which are largely due to asylum seekers' social- connections with specific countries, protection-based concerns, health reasons and systemic deficiencies in the asylum systems where application are made;
Amendment 56 #
2019/2206(INI)
Motion for a resolution
Recital C g (new)
Recital C g (new)
Cg. whereas Article 28 of the Dublin Regulation allows detention as an exceptional measure "to secure transfer procedures", where there is "significant risk of absconding" of the applicant; whereas this definition remains unclear and the interpretation varies from a Member State to another;
Amendment 59 #
2019/2206(INI)
Motion for a resolution
Recital C h (new)
Recital C h (new)
Ch. whereas the use of detention and coercive transfers raises concerns with respect to asylum seekers' right to liberty, dignity and physical integrity;
Amendment 62 #
2019/2206(INI)
Da. whereas some of the flaws are inherent in the design of the Regulation and cannot be solved through better implementation alone;
Amendment 78 #
2019/2206(INI)
Motion for a resolution
Subheading 1
Subheading 1
Incorporating the principle of solidarity into the management of asylum seekersDublin Regulation
Amendment 79 #
2019/2206(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 94 #
2019/2206(INI)
Motion for a resolution
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) Points out that the Dublin Regulation, as designed and implemented, has failed to guarantee a fair distribution of responsibility between Member States and swift access to international protection;
Amendment 98 #
2019/2206(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that the Dublin System, and in particular the first country of irregular entry criterion places a significant burden on a minority of Member states;
Amendment 99 #
2019/2206(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Urges the EU to establish an automatic, permanent and mandatory relocation mechanism ensuring the full respect of the principle of solidarity and fair sharing of responsibility enshrined in art.80 of TFEU; including for those rescued at sea;
Amendment 109 #
2019/2206(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that ad hoc agreements are no substitute for a harmonised and sustainable policy at EU levelCommon European and Asylum System; deplores the fact that efforts to overhaul the Dublin III Regulation have been blocked in the Council;
Amendment 117 #
2019/2206(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the crisis management tool provided for in Article 33 did not provide effective support to the Member States, nor did it offer a response to the consequences of the COVID-19 crisis; considers that a solidarity-based crisis management mechanism, endowed with a financial instrument managed by the Commission,mechanism for early warning, preparedness and crisis management as set out in Article 33 has not been applied to date, considers that a solidarity-based mechanism in the EU should be established to ensure continuity of the right of asylum in the EU uander the best possible conditions not to hinder arrivals and deflect responsibility; emphasizes that the protection of fundamental rights of asylum applicants should always remain at the centre of this mechanism; also notes that the provisions set out in the Temporary Protection Directive has yet to be invoked;
Amendment 124 #
2019/2206(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that such a mechanism should allow for the participation of civil society organization providing professional assistance to people in need of international protection during the assessment of their asylum application, particularly of legal nature;
Amendment 130 #
2019/2206(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to makexpand the use of the discretionary clause in Article 17 when exceptional, to address challenging situations and humanitarian circumstances so warrant,, as for example to relocate and provide decent reception conditions to asylum seekers currently living in the Greek hotspots in an atmosphere of extreme tension and to provide decent receptioninhumane, degrading, unsanitary and unsafe conditions;
Amendment 134 #
2019/2206(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Takes the view that provisions on family unity, which are the first in the hierarchy of criteria, should be efficiently implemented, and that provisions on dependent persons (article 16) and the discretionary clauses (article 17) should be used more widely to support family unity;
Amendment 136 #
2019/2206(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. In the absence of a permanent solidarity mechanism, supports the expanded use of discretionary clauses of Article 17 as a solidarity tool for responsibility sharing in particular in situations of large number of spontaneous arrivals and in the specific context of sea arrivals and disembarkation procedures;
Amendment 140 #
2019/2206(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 155 #
2019/2206(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights the significant operational backing for Dublin proceduresand technical support provided by the European Asylum Support Office (EASO) in the hotspotto Member States; calls on the Commission and the Member States to facilitate the work of EASO staff by allowing interviews in a language other than that of the country in which they are conductedand the Commission to increase assistance to Member States, especially those at the border of the EU; calls for the establishment of a European Asylum Agency, with sufficient financial and human resources, supporting Member States with Dublin procedures;
Amendment 159 #
2019/2206(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to monitor that interviews are conducted in the language of the asylum seeker or in a language that the applicant is reasonably supposed to understand;
Amendment 161 #
2019/2206(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. PDeplores that the rights of asylum seekers, including that to legal assistance, are often neglected when implementing the Dublin III Regulation, points out that the protection of fundamental rights must be at the heart of the measures taken to implementEU asylum policies and of the implementation process of the Dublin III Regulation, including the protection of childrenminors, victims of trafficking, victims of torture, and the most vulnerable;
Amendment 169 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that asylum seekers have the right to be fully informed on the procedures; regrets that the level of information provided to asylum seekers differs consistently from one Member state to another; urges the Member states to guarantee that minors have tailored, child-friendly information and specific support; stresses that providing legal assistance and interpretation are key to ensure applicants' right to information;
Amendment 174 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Points out that transfers of asylum seekers, and in particular vulnerable people, minors and families can result in violations of their human rights; urges Member states to properly assess the risks to which applicants would be exposed in the Member States of destination; stresses in particular that transfers must be carried out in a way that under no circumstances exposes individuals to a risk of refoulement, irrespective of whether the asylum system of return is affected by systemic deficiencies;
Amendment 175 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Deplores that Member states resort too often to the detention of applicants waiting to be transferred; urges Member states to make concrete efforts to find valid alternatives to detention;
Amendment 180 #
2019/2206(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and toenable a better use of the family provisions, including by harmoniseing the standards of proof required; callacross Member states oin the Member States and the Commission to protect the best interests of children and to clarify the criteria for keeping children in detentiondirection of less stringent and more achievable standards; calls the Commission and the Member states to speed up family reunification procedures including through an immediate transfer to a country in which the applicant has family;
Amendment 188 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Regrets that Member states do not proactively contribute to the identification and verification of the family links; deplores that the burden of proof is almost entirely left to the applicants;
Amendment 191 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Points out that the narrow definition of family contributes to the lack of compliance with the hierarchy of criteria and the dysfunctionality of the system;
Amendment 192 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Calls on the Member States and the Commission to ensure an adequate verification of the best interest of the child, avoiding that the complexity of the procedures results in the failure to implement this principle, in particular for the unaccompanied minors of age between 16 and 18;
Amendment 193 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Regrets that Member states apply different interpretation of the best interest of the child; calls therefore the Commission to clarify the definition in line with EU legislation and to identify which family reunification possibilities, security and safety considerations, background information should be taken into consideration;
Amendment 194 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Urges the Member States and the Commission to clarify that detention is never in the best interest of the child and that a minor should never be detained because of the migratory status of their family; calls to expand the sources used for the monitoring and identification of unlawful practices to include information provided by international and non- governmental organizations where it is reliable, up-to-date and specific;
Amendment 195 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 f (new)
Paragraph 8 f (new)
8f. Deplores that insufficient identification mechanisms and erroneous methods of age assessment often further exacerbate the situation of minors, causing delays or affecting negatively the outcome of the Dublin procedure; calls for an harmonized age assessment that do not endanger minors' rights, health and psychological well-being;
Amendment 206 #
2019/2206(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the number of transfer procedures has increased significantly, generating considerable human, material and financial costs; deplores, however, the fact that in only 11% of cases are transfers actually carried out, a further factor in the permanent overloading of asylum systems; stresses the lack of cooperation and information-sharing between Member States; regards efforts to combat secencourages Member states to apply the discretiondary movements as essential in order to reduce the number of transfer requests; proposes thatclause more swiftly in cases where it becomes evident that transfers cannot be carried out, or where the coinditions which trigger transfer procedures be clarified and harmonisedvidual situation of the applicant requires so;
Amendment 219 #
2019/2206(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that in some cases the rules on transfer of responsibility under Dublin III undermine the efficiency of asylum procedures and the carrying-out of transfers and, according to the evidence, that in many cases asylum seekers remain outside of the system due to disproportionate use of the criterion of the first countribute to the increase in the number of secondary movements by encouraging asylum-seekers to remain outside the systemy of irregular entry and the insufficient consideration of the meaningful links and the particular needs of the applicants; calls on the Commission to revise the rules, in order to give Member States sufficient time to carry out transfers and do away with transfer of responsibility in cases where anincrease trust between Member States and between them and the asylum seeker absconds;
Amendment 228 #
2019/2206(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that providing asylum seekers with legal assistance in connection with Dublin procedures, in particular in the hotspots, would simplify the process of obtaining asylum would enhance rights-compliant procedures, simplify Dublin procedures and improve decision- making; calls on the Member States to improve the information made available to asylum seekers on the complex Dublin procedures, to ensure that it is clear and accessible to everyone;
Amendment 232 #
2019/2206(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Member States to increase the resources necessary to make Dublin III operational, particularly the number of asylum officers; calls on the European Commission to increase the funds available for the provision of legal assistance, especially funding for civil society professionals offering legal assistance to people in need of international protection during the Dublin procedure;
Amendment 235 #
2019/2206(INI)
Motion for a resolution
Subheading 4
Subheading 4
A singlerights-centred asylum application in the EU
Amendment 239 #
2019/2206(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that the principle of a single asylum application in the EU is consistently flouted, a state of affairs at odds with the very purpose of the Dublin III Regulation; considernotes that the competent national authorities should share their relevant information on a European database such as Eurodac, in order to speed up procedures and prevent multiple asylum applications, while protecting personal datare are multiple reasons for submission of additional asylum applications;
Amendment 249 #
2019/2206(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the rate of protection for asylum seekers varies greatly between Member States for certain nationalities; considers that a common list of safe countries and a shared country-risk analysis, or at least greater convergence, would reduce these disparities, and thus also the number of secondary movements; stresses that the return of persons not eligible for asylum is a prerequisite for the effectiveness of the Dublin III Regulation and this can contribute to onward movement; considers that accounting for individual needs of the applicant in the Dublin procedures would reduce secondary movements; calls for the inclusion of a relocation criteria considering the "genuine links" with a particular Member state as an efficient approach to reduce secondary movements;
Amendment 261 #
2019/2206(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 276 #
2019/2206(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Proposes that EASO be given an expanded role in analysing the flows of and pathways taken by asylum seekers, in order to better anticipate and understand pressures on asylum systemssupporting Member states in the implementation of the Dublin III Regulation;
Amendment 282 #
2019/2206(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission and the Council to work towards convergence in the bilateral agreements concluded between Member States and with thirdimplementation of the Dublin III Regulation by taking stock of the elements countries, in order to optimise implementation of the Dublin III Regubuting to greater efficiency, and compliance with human rights legislation;
Amendment 286 #
2019/2206(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Urges the Council to find a sustainable solution and take the necessary steps to adopt a position on the Dublin Recast Regulation by qualified majority;
Amendment 287 #
2019/2206(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Proposes that a fairer system of allocation be a priority for any reform of the Dublin system while keeping the protection of fundamental rights of applicants at the centre of the functioning of the solidarity mechanism;
Amendment 5 #
2019/2178(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— - having regard to The European Union's European Neighbourhood Policy (ENP);
Amendment 15 #
2019/2178(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
— - having regard to EU Biodiversity strategy for 2030;
Amendment 29 #
2019/2178(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Mediterranean Sea is a common good to be protected, andone of the areas with the greatest biodiversity in the world in addition to being a basin that is home to coastal communities that depend largely on fishing, and particularly small-scale fishing; whereas its current worrying environmental status is worrying, partly as a result of overfishing, and is havingis seriously endangering not only biodiversity but also the survival of a sector whose loss of profitability may have extremely negative repercussions for the industry as a whole;
Amendment 43 #
2019/2178(INI)
Motion for a resolution
Recital E
Recital E
E. having regard to the significant socioeconomic impact of restrictions on fishing activities; , which undermine the profitability of thousands of companies to the point of endangering their very survival, with a potentially devastating impact on employment and social cohesion in coastal areas;
Amendment 49 #
2019/2178(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the majority of the Mediterranean fishing fleet consists of small-scale artisanal fishing vessels, accounting for some 80% of the fishing fleet and 60% of jobs in the Mediterranean basin, and whereas some fleets have shrunk significantly decreased in size;
Amendment 63 #
2019/2178(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas healthy level of fish stocks needs to be reached to prevent a loss of jobs and to sustain important economic sectors that depend on fisheries;
Amendment 70 #
2019/2178(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas fishing and aquaculture are among the hardest hit sectors, as demand has seen a sudden decline.
Amendment 71 #
2019/2178(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
I b. having regard to a range of temporary and targeted COVID measures proposed by the Commission to address the challenges faced by the seafood community;
Amendment 82 #
2019/2178(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 101 #
2019/2178(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to ensure that every legislative proposal to restrict fishing activities takes account of its socioeconomic impactis preceded by a wide- ranging impact assessment to quantify its possible socioeconomic impact on coastal communities and on the productivity and competitiveness of EU fisheries undertakings and the production chain, and is supported by scientific data that are kept up to date and shared with fishers’ associations;
Amendment 108 #
2019/2178(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the lack of precise quantification of the consequences for fish stocks of all possible impacts over and beyond fishing activities, such as pollution, global warming, alien species, exploitation of hydrocarbons, dredging and maritime transport; stresses that this lack of information does not allow for sufficiently adequate and effective decision-making to ensure the conservation of fish stocks and marine ecosystems;
Amendment 110 #
2019/2178(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that any future legislative measures to promote the recovery of fish stocks in the Mediterranean Sea that have an impact on the fishing activity of the European fisheries sector should be implemented gradually and in proportion to the sector's capacity for action; stresses, in addition, the importance of ensuring that any future legislative proposal does not impose an excessive bureaucratic and financial burden on the European fisheries sector, particularly on small-scale fisheries;
Amendment 111 #
2019/2178(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Emphasises that any legislative initiative aimed at protecting and rebuilding stocks in the Mediterranean Sea should not be limited solely to measures restricting fishing activities, but should take a holistic approach to the problem and jointly address all the threats to stock depletion;
Amendment 115 #
2019/2178(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the urgent need to renew the very elderly fishing fleets operating in the Mediterranean, as regards both vessel and engine design, in order to reduce the environmental impact of fishing on the environment and improve safety and working conditions on board;
Amendment 126 #
2019/2178(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Calls on the Commission to consider integrating fisheries into the EU Neighbourhood Policy, as a tool for invigorating regional cooperation;
Amendment 158 #
2019/2178(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. CStresses that acceptance by the fisheries sector above all is also indispensible to achieve fully any Mediterranean restocking goals and ensure the proper implementation of rules laid down by the EU legislature; calls on the Commission accordingly to improve and step up cooperation and dialogue with the advisory councils, taking due account of their views and acknowledging the importance of fishers for coastal communities and the need to involve fishers, relevant professional organisations and civil society organisations in the formulation of rules to be implemented and decision-making processes;
Amendment 159 #
2019/2178(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to improve and step up cooperation and dialogue with the advisory councils, taking due account of their views and acknowledging the importance of fishers for coastal communities and the need to involve fishers, relevant professional organisations and civil society organisations in decision-making processes; as co-management is key to develop sustainable fisheries in coastal waters;
Amendment 174 #
2019/2178(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission, through its agencies, to step up its efforts to monitor EU territorial waters in order to identify third-country vessels illegally fishing in EU territorial waters and protected marine areas and make the conditions in which EU fishers work safer and, where necessary,; stresses that it is essential to provide these agencies with adequate funding and manpower to this end;
Amendment 4 #
2019/2161(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to the FAO publication “Safety at sea as an integral part of fisheries management (2001)”1a _________________ 1aPetursdottir, G.; Hannibalsson, O.; Turner, J.M.M., Safety at sea as an integral part of fisheries management. FAO Fisheries Circular. No. 966. Rome, FAO. 2001. 39p.
Amendment 5 #
2019/2161(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers' Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche)
Amendment 10 #
2019/2161(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
Amendment 11 #
2019/2161(INI)
Motion for a resolution
Citation 14 b (new)
Citation 14 b (new)
— having regard to the report on “Social data in EU fisheries sector” (STECF 19-03)2b _________________ 2bScientific, Technical and Economic Committee for Fisheries (STECF) – Social data in the EU fisheries sector (STECF-19-03). Publications Office of the European Union, Luxembourg,2018, ISBN 978-92-76-09514-9, doi:10.2760/638363, JRC117517
Amendment 12 #
2019/2161(INI)
Motion for a resolution
Citation 15
Citation 15
Amendment 14 #
2019/2161(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to document entitled “The scope of EU labour law: Who is (not) covered by key directives?”3b,European Parliament, Policy Department for Economic, Scientific and Quality of Life Policies (2020) _________________ 3b https://www.europarl.europa.eu/RegData/ etudes/IDAN/2020/658181/IPOL_IDA(20 20)658181_EN.pdf
Amendment 19 #
2019/2161(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the common fisheries policy (CFP) aims to ensure that fishing and aquaculture are sustainable in the long term and that this sustainability is based on three pillars – environmental, social and economic; whereas in order to reach social sustainability fisheries policies should integrate and improve labour conditions, health and safety, job creation, training, social inclusion and a fair standard of living; whereas in many fishing communities and regions of the EU, the social importance of the fisheries and aquaculture sectors outweighs its direct economic contribution;
Amendment 24 #
2019/2161(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 29 #
2019/2161(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas in the last few years fisheries across Europe have undergone major structural changes, leading to social consequences for both fishers as for fishing communities; whereas there is an increasing need of raising awareness and that more attention should be paid to the social dimension of fisheries, for instance assessing social impacts in the framework of impact assessments of policy proposals related to the CFP;
Amendment 32 #
2019/2161(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the current lack of systematic comprehensive data and regular scientific analysis on the social aspects of the CFP compromise fishery policymaking; whereas these data could promote fishing as a successful working career, as away of contributing to the livelihood of coastal communities and attract young people to the profession;
Amendment 40 #
2019/2161(INI)
Motion for a resolution
Recital F
Recital F
Amendment 44 #
2019/2161(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the collection of social indicators for the EU fishing fleet, aquaculture and fish processing industry was introduced by Regulation No 2017/1004 on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the CFP, whereas social variables are to be collected every three years from 2018 onwards, including: Employment by gender, Full Time Employment (FTE) by gender, Unpaid labour by gender, Employment by age, Employment by education level, Employment by nationality, Employment by employment status, Total FTE National;
Amendment 45 #
2019/2161(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas according to the STECF report on Social data in EU fisheries sector (19-03), in 2017 there were around 150 thousand people employed in the EU fishing fleet, equivalent to some 99 thousand FTEs. Most workers in the EU fishing fleet were male at 96%, 4% were female; whereas according to the age data reported, the 40-64 age class made up the largest proportion (58%) of people employed in the EU fishing fleet, followed by the 25-39 age class at 26%, a further 7% were over 65 years, followed by 5% in the 15-24 age class and 4% were unknown, noting a significant variation in age profiles across the Member States: in Estonia 31% of fishers are over 65 while in many other Member States the same category only makes up a very low proportion of the fishing population (1% in Belgium and Germany and 2% in Finland);
Amendment 46 #
2019/2161(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas employed people in the EU fishing fleet were nationals of their own country (86%), followed by non- EU/EEA nations (8%), unknown (3%), other EU countries (3%), and EEA (0.1%); whereas the proportion of nationals working in different Member States fleets varied significantly: 27% of people employed in the Irish fleet were non-Irish nationals and 36% of people employed in the Belgian fleet were non- Belgian nationals. In contrast, 94% of the workers in Italian fleet were Italian born; 99% of the Portuguese workers were nationals and all the people employed in the Bulgarian fleet were Bulgarians;
Amendment 47 #
2019/2161(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas 52% of people employed in the EU fishing fleet have educated to a low level, followed by 24% with medium level and 4% up to a high level; whereas the education level is unknown for a relatively high share of the fishing sector (20% of employees), this may reflect that this question can be experienced as being sensitive; whereas education levels varied considerably across Member States only 1% of Portuguese fishers have a high level of education while the corresponding figure in Sweden is of 21%;
Amendment 48 #
2019/2161(INI)
Motion for a resolution
Recital F e (new)
Recital F e (new)
Fe. whereas 61% of people employed in the EU fishing fleet were employees and 36% were vessel owners, with a wide variation in the employment status variable across Member States with employees representing 100% in Belgian and only 28% in Sweden;
Amendment 52 #
2019/2161(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas according to FAO fishers depend on their vessels for their survival and risks vary with each type of fishing, the fishing grounds and weather conditions, vessel size, equipment carried and tasks of each fisher. On larger vessels, the fishing gear and other heavy equipment pose a considerable risk of death or injury to the crew while on small vessels, the risk of capsizing while pulling in a large catch, being flooded in heavy seas or run down by a larger vessel can be considerable. Thus, different safety problems are associated with each fishing activities and vessel size;
Amendment 57 #
2019/2161(INI)
Motion for a resolution
Recital I
Recital I
I. whereas, despite the increase in the number of incidents, the number of fatalities arising from accidents and incidents on fishing vessels has shown a downward trend, with the vast majority of incidents being the result of human factors (62.4%) and system/equipment failures being the second most common cause (23.2% of incidents); whereas the three mostly reported factors contributing to accidents on board fishing vessels related to human action are lack of safety awareness, as well as lack of knowledge and also inadequate work methods among onboard personnel;
Amendment 72 #
2019/2161(INI)
Motion for a resolution
Recital M
Recital M
M. whereas, a significant proportion of fishermens have low and irregular incomes, which do not provide them with enough social protection, and these facts are a further factor that lessens fishing’s attractiveness among young people;
Amendment 97 #
2019/2161(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the first STECF report on Social data on the EU fisheries sector, providing a comprehensive overview of the social data collected under the EU Data Collection Framework; Stresses the need to address the conclusions of this first report and calls, therefore, for future STECF reports on social data to refine the existing social indicators, requiring a proper definition of whom to consider part of the fisheries work force, include new elements for analysis and adequate geographic scale, lower than country level, considering the need to know the regional and even local reality;
Amendment 107 #
2019/2161(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that, despite international and EU efforts to improve safety conditions on board vessels, particularly fishing vessels, the international conventions setting out the rules and systems for the protection of ships and persons on board apply omainly to larger and newly built vessels;
Amendment 113 #
2019/2161(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls the steps taken internationally, particularly under the Torremolinos Protocol (1993) and the Cape Town Agreement (2012), to amend and improve the Torremolinos Convention (1977), which was established as a means to address fishing vessel safety, and points out that, even with the 2012 reduction in requirements, this Convention is still not in force; Recalls that this Convention has been transposed into EU legislation through the Council Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in length and over;
Amendment 123 #
2019/2161(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Commission and the Member States to ensure that the best safety, work and living standards are in place on fishing vessels, regardless of their size; proposes that steps be taken to establish basic legal rules applicable in a uniform and cross-cutting manner to the entire EU fishing fleet, taking into account specific characteristics concerning vessel size and the types of fishing operation for which vessels are intendedreminds Member States that the deadline set for transposition Directive (EU) 2017/159 which incorporates ILO Convention No 188 (ILO C 188) into the Union’s legal framework, was 15 November 2019; recalls that given the large number of self-employed fishers in the EU, and the fact that the Directive does not cover them, it is necessary for the Member States to ratify ILO C 188, to ensure a level playing field and fair competition among all fishers and fishing activities; urges the Commission to present, as quickly as possible, a proposal for an accompanying Directive on control and enforcement provisions, as was done for the maritime transport sector, in order to establish a harmonised inspections system;
Amendment 146 #
2019/2161(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that, under the 1995 International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), the ILMO establishes a number of fundamental standards regarding workingtraining and safety conditions, including minimum safety training requirements for all types and sizes of fishing vessel; points out that, while this convention has been in force since September 2012, it applies only in those countries that have ratified it;
Amendment 147 #
2019/2161(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Notes that although the European Union implemented the so-called 1993 Torremolinos Protocol into its acquis through Directive 97/70/EC and the Work in Fishing Convention, 2007 through Directive (EU) 2017/159, so far it did not act as swiftly and energetically with regard to safety training; recalls that Decision (EU) 2015/799 authorising Member States to become party or to accede to STCW-F has proven ineffective in light of the remaining, poorly lower ratification/accession rates of its Member States; reminds that Directive (EU)2017/159 forces Member States to adopt legislation on training and certification of fishers; therefore stresses that Union legislation on safety training for fishers should go further than what STCW-F regulates by also introducing standards for all fishing vessels less than 24 metres, that form the larger part of the Union’s fishing fleet; calls on the European Commission to present a proposal for a Directive transposing STCW-F into the Union’s acquis in order to complete the implementation in the Union’s legislation of the internationally agreed minimum standards for ensuring safety at sea in fishing;
Amendment 149 #
2019/2161(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Points out that, while the acquisition of practical knowledge and hands-on work experience provides a solid basis that remains valid for the training of fishermens in a number of Member States, formal certification provides the only guarantee that the necessary knowledge has been properly assimilated; notes that formal certification not only enhances the personal status of fishermen but also provides a form of social recognition for this profession;
Amendment 153 #
2019/2161(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the European Commission and the Member States to establish common bases for a standard training and certification system for the various categories of fishermens, allowing rapid recognition at European level of the certification obtained in a given Member State; considers that this should include a procedure for the recognition of certificates obtained outside the Union compatible with the European training recognition system, facilitating the movement of fishermens within the EU;
Amendment 154 #
2019/2161(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Notes that Directive 2005/36/EC on the recognition of professional qualifications does not establish a standardized level of training and certification for all fishers and hinders the movement of fishers between Member- States; recalls that while the Union has introduced specific, different rules for recognition of seafarers’ certificates of competency based on STCW Convention, so far the Commission has not proposed specific rules as provided in STCW-F Convention for recognition of fisher’s certificates of competency; calls, therefore on the European Commission to propose specific measures for recognition of fisher’s certificates of competency in line with the provisions of STCW-F Convention, not only for European fishers but also for citizens of third countries having ratified or acceded to STCW-F;
Amendment 157 #
2019/2161(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Points out that, while the aim of the EMFAF is to contribute to the full implementation of the CFP, in order to achieve this objective, fishermens must be properly trained and certified, requiring a portion of the funding to be earmarked for the training and certification of existing and incoming EU fishermens;
Amendment 170 #
2019/2161(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Points out that, despite the dangers of fishing activity, there is no reason to exclude or hamper access for women to this profession, as demonstrated by the increasing number of female crew members and skippers on working fishing vessels; observes that there are fortunately a number of particularly active associations representing women employed in the fisheries sector, especially in the regionalEU Fisheries advisory councils;
Amendment 183 #
2019/2161(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Points out that CFP standards are among the most stringent and make an important contribution to environmental, economic and social sustainability and that, although there is still much room for improvement, progress made in recent decades shows what can be done in this direction, contributing, on the one hand, to the sustainability of fish stocks and habitats and, on the other, to increasing the earnings of fishermens and ship owners;
Amendment 201 #
2019/2161(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Stresses the significant contribution of fishermens to the advancement of scientific knowledge, through both their direct involvement in the collection of fishing data, collaboration with science, and the provision of additional information regarding the state of the marine environment, species and habitats and the conservation thereof;
Amendment 212 #
2019/2161(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Observes that, given the right training and specific skills, fishermens could contribute even more to the advancement of scientific knowledge through the in situ collection and registration of environmental data, providing verification of that obtained by remote observation using satellites and other instruments; in 2019, the Community fleet, consisting of over 81 000 fishing vessels of all sizes, provided an incomparable number of platforms constantly collecting fishing and other marine data on an almost daily basis; this is a facility that can and should be used for the collection of even more data regarding the seas of Europe and the world;
Amendment 215 #
2019/2161(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Points out that the involvement of young people and generational renewal will not only ensure the continuity of the oldest activity of the blue economy, but also secure population in coastal areas, preserving the cultural heritage of many coastal communities; considers vital to keep younger generations better informed and more aware of sustainability issues and of the need for all to contribute to tackling and combating climate change, which is impacting hardest on sea and coastal areas around the planet;
Amendment 225 #
2019/2161(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Stresses the importance of ocean literacy, which must not exclude digital literacy and digitisation of fishing activity; despite improved skills among older users, software applications are easier and more intuitive for younger generations when it comes to collecting and registering data under the new Fisheries Control Regulation, which is currently under review, or utilising new applications and equipment to improve the safety, working conditions and wellbeing of fishermen at seas at sea, life-long learning systems must be set up to create updated skills and opportunities for all age groups;
Amendment 233 #
2019/2161(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Points out that improvements in the conservation status of fish stocks have boosted fishermen’s productivity and average earnings, as well as achieving a reduction in carbon dioxide and other greenhouse gas emissions; notes that fishermens have been increasingly involved in the collection of all marine refuselitter, including but not only lost or abandoned fishing gear, and that their ecological contribution in this respect should be recognised and encouraged;
Amendment 241 #
2019/2161(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Welcomes the proposals under discussion in connection with the 2021- 2027 EMFAF to provide assistance and support for young fishermen engaged in the first purchase of a vessel or fishing enterprise; stresses the need to attract young people to not only sea fishing activities, but also fishing enterprise management, thereby ensuring generational renewal across the entire sector;
Amendment 247 #
2019/2161(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Points out that the need to improve on-board working, living and safety conditions, the difficulties regarding the recognition of fishery certificates, the obstacles to the movement of fishermens between Member States and the need for manpower in this sector are factors encouraging the arrival of third-country fishermens who are, in many cases, employed illegally; Considers, in line with the EESC opinion on the Social dimension of fisheries, that it is essential to develop general principles and operational guidelines for fair labour market services in the fishing sector. In this regard the European Commission and Member States should promote the guidelines on the decent employment of migrant fishers developed in 2020 by the European Social Partners in the fisheries sector;
Amendment 251 #
2019/2161(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45a. Calls on the European Commission and the Council of the EU to use its trade policy to ensure that similar environmental and social sustainability standards are applied to both European and foreign operators, opening up the internal market only to compliant products. The EU would otherwise be sending the wrong message to the international community, rewarding those who have done least for the sustainability of fish stocks and fair treatment of fishers;
Amendment 259 #
2019/2161(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Calls on the European Commission and the Member States to raise public awareness in Europe of the importance of fishing activities and the contribution made by of fishermens to food supply in Europe and the conservation of oceans and marine life, thereby debunking the preconception that fishermens are predators interested only in exploiting resources with no thought for the future;
Amendment 264 #
2019/2161(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Notes the continued relevance of the question raised in the Bénodet 2000 report entitled 'Fish comes from the sea, but where will future fishermen come from?', which can be reformulated more elaborately two decades later as follows: 'Fish comes from the sea, and fishermens are guardians of fish and the sea, but how will we be able to replenish them and where will future fishermens come from?';
Amendment 24 #
2019/2160(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the marine waste visible on beaches and on the surface of open bodies of water represents only a fraction of a much further reaching pollution phenomenon; whereas this waste stems from activities on land but also at sea, and, such as pollution from agriculture, but also at sea, where there has been a significant increase in transport by large non-fishing vessels, and therefore ranges from nanoplastics to containers lost at sea;
Amendment 25 #
2019/2160(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the marine waste visible on beaches and on the surface of open bodies of water represents only a fraction of a much further reaching pollution phenomenon; whereas this waste stems from activities on land but also at sea, and ranges from nanoplastics to containers lost at sea, from wrecks of semi-sunken vessels to waste that is potentially very hazardous to fishermen and the quality of their catches, such as explosives or other war debris;
Amendment 56 #
2019/2160(INI)
Motion for a resolution
Recital D
Recital D
D. whereas marine waste poses a threat to a number of marine animal species, some of which are already endangered or even critically endangered, and therefore also poses a threat to the future of the fisheries sector in general;
Amendment 63 #
2019/2160(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the impact of marine waste on the fisheries sector is felt more by small-scale fisheries than industrial fisheries, since smaller vessels are more vulnerable to damage by waste to their propellers, engines and fishing gear,and since marine litter is more concentrated in shallow marine waters, where most small- scale fishing takes place;
Amendment 65 #
2019/2160(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas marine waste can be carried by currents over long distances, and it can thus have negative effects on areas and sectors that are far from its point of origin and that are not responsible for its production;
Amendment 69 #
2019/2160(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the fisheries sector has for some time acted as a first line of defence against pollution caused by marine waste, although this is only a small contribution to tackling the problem on a global scale, fishermen and aquaculture producers having for some time played an active and proactive role in contributing to cleaner seas;
Amendment 70 #
2019/2160(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the costs of disposing of marine waste are very often covered, while labour costs, costs deriving from lack of space aboard vessels, and costs relating to damage to fishing gear and engines are not covered;
Amendment 80 #
2019/2160(INI)
Motion for a resolution
Recital G
Recital G
G. whereas only 1.5%17 of fishing gear is recycled and whereas there is an urgent need to provide support for the collection, recycling and repair of gearall fishing gear within the logic of the circular economy; _________________ 17 ibid.
Amendment 81 #
2019/2160(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Amendment 96 #
2019/2160(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the need to revise the EU’s integrated maritime policy with a view to establishing a strategic framework that incorporates all waste and marine environment laws;
Amendment 97 #
2019/2160(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 98 #
2019/2160(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need to strengthen communication and coordination between the Member States and between sea basins so as to ensure an integrated approach allowing fishing vessels to land marine waste in any Union port;
Amendment 101 #
2019/2160(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses the need to foster inclusive solutions and dialogue between the representatives of all categories affected by the problem of marine waste; stresses, further, the need to strengthen the bottom-up approach, promoting practical solutions for workers in the fishing sector, with a view to ensuring more effective implementation of the rules;
Amendment 111 #
2019/2160(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to champion an ambitious governance model in international UN negotiations on marine biodiversity beyond national jurisdictions and to recognise the ocseans as a common good, with a view to adopting a new approach that prioritises individual and collective responsibilities over the traditional principles of freedom and sovereign rights, as laid down in the Law of the Sea, and thus ensures that the sea is protected;
Amendment 125 #
2019/2160(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the data collected by Member States on the loss, marketing and collection of fishing gear to be recorded in a database at national or sea-basin level and harmonised in a single report to make it easier to identify and tackle marine waste and ensure better monitoring and better assessment at European level;
Amendment 129 #
2019/2160(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that in order to improve and enhance the effectiveness of the legislative framework and governance relating to the collection, disposal and recycling of marine waste, it is essential to proceed with and broaden awareness raising, prevention and training projects aimed at those working in the fishing sector, thereby promoting greater involvement in those issues;
Amendment 137 #
2019/2160(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges the Commission to play a major role in the UN’s Decade of Ocean Science and to support digitisation and the use of artificial intelligence with a view to improving our understanding of the ocseans and our impact on them;
Amendment 139 #
2019/2160(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to step up research and data collection on the impact of marine waste on fisheries and ecosystems and the impact of nano- and microplastics on both fishery resources and human healththe various types of marine waste;
Amendment 140 #
2019/2160(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to step up research and data collection on the impact of marine waste on fisheries and ecosystems and the impact of nano- and microplastics on both fishery resources and human health; calls, further, on the Commission to conduct an assessment of the social and economic contribution of fishermen through ‘Fishing for Litter’ projects, with a view to quantifying more accurately the contribution of the fisheries sector to action for cleaner seas;
Amendment 145 #
2019/2160(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that the shortage of available data and studies makes it difficult to quantify the exact extent to which damage caused by marine litter is affecting the fisheries sector and its negative economic consequences for fishermen; calls, therefore, on the Commission to increase collection of data on the amount and type of litter in European waters and its effect on fishing, increasing, too, the collection of data on the amount of waste landed, disposed of and delivered for recycling;
Amendment 151 #
2019/2160(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for information on the loss of fishing gear at sea to be put to more effective use when it comes to tackling marine pollution through improved data- sharing among Member States and EU agencies, and for this information to be used to develop new tools for identifying and tracking fishing gear lost at seagreater harmonisation in the recording of data on the quantity and quality of marine waste collected and landed; stresses the need to develop new tools for identifying and tracking fishing gear lost at sea and electronic applications for assisting fishermen to record data on marine waste; stresses the need to create an integrated platform for recording and reporting landings of marine litter, for example using the requirements of Directive (EU) 2019/883 obliging port operators to issue a waste delivery receipt to the master of the vessel;
Amendment 156 #
2019/2160(INI)
8a. Stresses the need for annual mapping of marine waste collected through the ‘Fishing For Litter’ programme in relation to the various catchment basins with a view to obtaining information on the origin of the marine litter caught and strengthening campaigns for selective collection;stresses that this must be linked to existing mapping efforts; urges the Commission to draw up an annual report on the amount of marine waste landed in ports through the FFL programme, including the volumes, materials and types of items caught;
Amendment 166 #
2019/2160(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for the eco-design of fishing gear, which should be practical, safe and cost-effective, to be supported through the swift adoption of guidelines on the development of harmonised standards for a circular economy for fishing gear; supports the marking of materials used in fishing gear by means of product passports; supports the promotion of research and innovation seeking to simplify the materials used in fishing gear, including polymers;
Amendment 168 #
2019/2160(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the importance of strengthening cooperation and promoting synergies with start-ups and private initiatives involved in the eco-design and recycling of fishing gear; stresses, further, the need to strengthen a model for synergy between the fisheries and research areas; urges the Commission, therefore, to organise future projects for the circular economy for fishing gear in relation to existing EU funding programmes for research and innovation;
Amendment 173 #
2019/2160(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Stresses that in order to accelerate the development of the circular economy in the fishing and aquaculture sector, it is essential to plan future legislative solutions to the problem of marine waste collection and disposal in conjunction with the Farm to Fork Strategy and the EU Biodiversity Strategy for 2030;
Amendment 174 #
2019/2160(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Stresses that it is essential, as regards the circular economy for fishing gear, to fully involve fishermen and other fisheries operators in the fishing sector when identifying new materials and designing new fishing gear;
Amendment 175 #
2019/2160(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 178 #
2019/2160(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Supports the development of efficient recycling channels through the upgrading of reception facilities at European ports with a view to improving selective waste sorting; calls for collection operations to be made more attractive by taking measures to support sea fishermen and aquaculture producers that bring their end- of-life fishing or aquaculture gear back to port;
Amendment 180 #
2019/2160(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that very few Member Sates have used resources within the framework of the current EMFF to fund ‘Fishing For Litter’ actions, the total contribution amounting to only a small percentage of all of the measures implemented or envisaged in the 2014- 2020 period to support the EU fishing fleet; stresses, further, that for the present the activity of collecting marine litter consists almost exclusively of largely voluntary initiatives and programmes, for the most part privately funded; calls therefore on the Commission to step up identification, sharing and promotion of best practices with a view to encouraging the adoption FFL programmes in a greater number of Member States;
Amendment 187 #
2019/2160(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to draw up an EU-level action plan to combat littering in Union seas;
Amendment 188 #
2019/2160(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses how strengthening and extending existing good practices also involves simplification and streamlining of administrative processes for all vessels participating in ‘Fishing for Litter’ campaigns, regardless of their home port or size; stresses, therefore, the need for harmonisation and a more complementary approach to the rules on landing of marine waste collected during FFL actions in Member State ports;
Amendment 193 #
2019/2160(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13 Urges the Member States to take action to clear up areas in rivers and estuaries where marine waste has accumulated; urges, further, the Member States to establish a ‘special fund for cleaning the seas’, managed through the EMFF or other relevant budget lines, in order to support collection of marine litter by fishing vessels, ensure provision of adequate on-board waste storage facilities and monitoring of passively fished litter, improve operator training, promote voluntary participation in initiatives for collection of sea litter, and cover the costs of both waste treatment and the personnel required for the operation of such programmes;
Amendment 195 #
2019/2160(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Member States and regions to take action to clear up areas in rivers and estuaries where marine waste has accumulated;
Amendment 198 #
2019/2160(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that the role of fishermen in voluntary collection programmes which make it possible to identify, collect and recycle marine waste, such as the ‘Fish for Litter’ programme must be promoted and supported, including with financial incentives and reward schemes to encourage good practices; stresses, further, that to reduce to a minimum the health and safety risks for fisheries operators, fishermen should be adequately trained on how to handle marine waste properly during collection, landing, disposal and delivery for recycling;
Amendment 203 #
2019/2160(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that the role of fishermen in voluntary collection programmes which make it possible to identify, collect and recycle marine waste, such as the ‘Fish for Litter’ programme must be promoted, financially incentivised and supported;
Amendment 206 #
2019/2160(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Urges the Commission to go beyond the aims of Directive (EU) 2019/883, studying and quantifying in economic terms the environmental damage caused by man-made marine waste and setting up a ‘Marine Litter Fund’ to combat discharges of waste into the sea, mitigate damage to fisheries, and protect the seas and oceans.
Amendment 78 #
2019/2158(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights the importance of taking into consideration morphological and geographical characteristics of areas in where OWFs should be settled in.
Amendment 81 #
2019/2158(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Stresses that the Mediterranean Sea should be evaluated separately taking into account its own characteristics with regard to the potential and the requirements for the development of offshore renewable energy.
Amendment 88 #
2019/2158(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that potential artificial reef effects are in particular not confirmed for commercial species and are limited to the operational phase of an offshore wind turbine and that decommissioning may make any benefits temporary;
Amendment 94 #
2019/2158(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Proposes to assess the combination and integration of OWFs within maritime protected areas (MPAs) against clearly defined habitat and biodiversity conservation objectives, including those pertaining to fisheries resources;prohibit the settlement of OWFs in MPAs, which role is fundamental to preserve biodiversity
Amendment 128 #
2019/2158(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that today, fishing activities (active or passive) in OWFs are currently limited or prohibited in mostall Member States;
Amendment 131 #
2019/2158(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned about the fact that, separately from prohibitions and restrictions to fishing activities, fishers tend to avoid fishing in OWFs even if access is permitted because of the risk of accidental damage, snagging and loss of fishing gear, and that consequently the fear of potential exposure to prosecution is a source of concern that hinders co- existence;
Amendment 150 #
2019/2158(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. States that maritime spatial planning must play a key role, by distinguishing each maritime area with regard to its own characteristics (Baltic Sea, North Sea,Channel, Atlantic and Mediterranean Sea) and has to put greater emphasis on the assessment of achieving co-location options, which is of the utmost importance in achieving a win- win situation for both sustainable fisheries and the offshore energy sector and including the effective participation of fisheries in the decision making process (as opposed to the overly vague notions of “consultation” and “observers”), the satisfaction of commitments made and the prior resolution of usage conflicts;
Amendment 160 #
2019/2158(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Highlights the importance to vehicle investments on research and development of tidal energy conversion systems, which could have a less damaging impact on economical, social and envirnomental aspects
Amendment 175 #
2019/2158(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that further EU legislation might beis required in casegiven that evidence suggests that Member States’ maritime spatial planning does not guarantee the fair inclusion of fisheries;
Amendment 18 #
2019/2028(BUD)
4. Recalls that aquaculture is becoming an important element in the objective to cope with increasing consumption of fisheries products in the Union, and that its further development can provide a sustainable alternative to fishing, as aquaculture already employs 85.000 people throughout the European Union.
Amendment 32 #
2019/2028(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Reiterates the importance of coastal and small artisanal fleet; emphasises that sector represents nearly 75 % of all fishing vessels registered in the Union and nearly half of all employment in the fisheries sector meaning that it is an important factor not only economically, but also socially, in many coastal communities; notes that operators from small- scale coastal fisheries are dependent on healthy fish stocks for their main source of income.;
Amendment 36 #
2019/2028(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and Member States to help communities that depend on fisheries to diversify their economies into other maritime activities such as tourism, marine conservation, data collection and research, and help them to add more value to their fishing activities.
Amendment 4 #
2019/0226M(NLE)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to Senegal's Country Strategic Plan (2019–2023),
Amendment 5 #
2019/0226M(NLE)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
- having regard to Senegal’s National Strategy for the Promotion of Green Jobs (2015–2020),
Amendment 19 #
2019/0226M(NLE)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas illegal and unreported fishing (IUU) not only depletes the natural resource base and lowers natural productivity, but also negatively affects fishers’ livelihoods and national revenues;
Amendment 21 #
2019/0226M(NLE)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas strategic objectives under Senegal’s Country Strategic Plan (2019– 2023) include sustainable management and improved productivity of fisheries and an overall increase in market access and competitiveness for the fishing industry;
Amendment 22 #
2019/0226M(NLE)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas the fisheries sector provides employment for over 600,000 Senegalese, about 17%of the working population;
Amendment 42 #
2019/0226M(NLE)
Motion for a resolution
Paragraph 10 – indent 2 a (new)
Paragraph 10 – indent 2 a (new)
- collecting data to identify gender gaps
Amendment 43 #
2019/0226M(NLE)
Motion for a resolution
Paragraph 10 – indent 2 b (new)
Paragraph 10 – indent 2 b (new)
- fostering empowerment and leadership through the formation of women's associations within the fisheries and aquaculture sector
Amendment 60 #
2019/0226M(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to carry out a global study on the impact of EU bilateral fisheries agreements and, in particular, on the benefits arising from sectoral support and the activity of the European fleet in third country waters to local economies (development of sustainable fishing, local employment, infrastructure, social improvements, etc.); having a unified and consistent approach towards all Western African countries respectively;
Amendment 62 #
2019/0226M(NLE)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Urges the Commission to manage small pelagic at a regional level, as the FAO’s working group on small pelagics in north-western Africa recommends, given that Senegal shares these stocks with Morocco, Mauritania and Gambia. Joint research programmes should be established and the Commission should ensure that all scientific committees meet at the same time, or within a few days of one another.
Amendment 68 #
2019/0226M(NLE)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recommends participation of stakeholders in the preparation of operational programs, implementation, monitoring and evaluation; by involving local fishing communities and consulting with them in accordance with the Senegalese law;
Amendment 69 #
2019/0226M(NLE)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls upon increased clarity and harmonisation of reporting in marine protected areas (MPAs) as well as agreed holistic management plan which allocates roles and determines the body responsible for the overall coordination of management activities;
Amendment 3 #
2019/0090M(NLE)
Motion for a resolution
Recital A
Recital A
A. whereas the overall objective of the EU-Guinea Bissau Sustainable Fisheries Partnership Agreement (SFPA) is to increasenhance fisheries cooperation between the EU and Guinea-Bissau, in the interests of both parties, by promoting a sustainable fisheries policy and the sound and sustainable exploitation of fishery resources in Guinea- Bissau’s Exclusive Economic Zone (EEZ)fishing zones, in addition to the development of the Guinea-Bissau fisheries sector; (The fisheries partnership agreement between the European Community and the Republic of Guinea-Bissau for the period 16 June 2007 to 15 June 2011, which is the basis for the new Protocol, contains in Article 2 the reference to "Guinea-Bissau fishing zones". The change from "Exclusive Economic Zone (EEZ)" to "fishing zones" is introduced for consistency with and its blue economy; Or. en the FPA.)
Amendment 4 #
2019/0090M(NLE)
Motion for a resolution
Recital C
Recital C
C. whereas the EU-Guinea Bissau SFPA is of considerable importance in the context of the SFPAs concluded by the EU with third countries, and is currently the third most important in terms of the funds involved, and offers the added advantage of being one of only three agreements allowing access to mixed fisheries;
Amendment 5 #
2019/0090M(NLE)
Motion for a resolution
Recital D
Recital D
D. whereas the contribution of Guinea- Bissau’s fisheries to the country’s wealth is very low (3.5% of GDP in 2015), although the funds that it will receive through the SFPA as financial compensation for access to resources make a significant contribution to its national public finances;
Amendment 6 #
2019/0090M(NLE)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas compared to the previous Protocol, the EU financial contribution has been increased from 9 000 000 euros to 11 600 000 per year as regards the annual amount for access to fishery resources and from 3 000 0000 euros to 4 000 000 per year as regards the support of Guinea-Bissau’s sectoral fisheries policy;
Amendment 7 #
2019/0090M(NLE)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas during the first period covered by the Protocol the fishing opportunities granted to EU fleets are as follows: 3 700 GRT for shrimp freezer trawlers, 3 500 GRT for fin-fish and cephalopods freezer trawlers and 15 000 GRT for small pelagic trawlers, 28 tuna freezer seiners and longliners, and 13 pole-and-line tuna vessels; whereas during the second period the fishing opportunities granted to EU fleets are as follows: 2 500 tonnes for shrimp freezer trawlers, 11 000 for fin-fish freezer trawlers, 1 500 tonnes for cephalopod freezer trawlers and 18 000 tonnes for small pelagic trawlers, 28 tuna freezer seiners and longliners, and 13 pole-and- line tuna vessels;
Amendment 8 #
2019/0090M(NLE)
Motion for a resolution
Recital F
Recital F
F. whereas, although the EU has had fisheries agreements with the first fisheries agreement between the EEC and Guinea- Bissau since the early 1980s, the development cooperation component of these agreements (sectoral support) has done nothing to promote either significantdated back to 1980; whereas the previous protocol to the Agreement expired on 23 November 2017; whereas the performance of the development cooperation component of these agreements (sectoral support) has not been globally satisfactory; whereas, notwithstanding, progress has been recorded in fisheries monitoring, control and surveillance, sanitary inspection capacity and the participation of Guinea- Bissau in regional fisheries bodies; whereas the sectoral cooperation needs to be enhanced in order to better promote the development of the local fisheries sector orand the development of related industries and activities so as to ensure that a greater proportion of the added value created by the exploitation of the country’s natural resources remains in Guinea-Bissau;
Amendment 13 #
2019/0090M(NLE)
Motion for a resolution
Recital H
Recital H
H. whereas trade in fishery products from Guinea-Bissau has been banned by the EU for many years owing to the country’s inability to comply with the sanitary measures required by the EU; whereas the delay in the analytical laboratory’s certification process (CIPA) is the main barrier to the export of fishery products from Guinea-Bissau to the EU; whereas the Guinean authorities and the European Commission are working together in the certification process in order to overcome the ban;
Amendment 14 #
2019/0090M(NLE)
Motion for a resolution
Recital I
Recital I
I. whereas the Guinean authorities have a legitimate ambition to see an increase inre is a need to ensure that a greater proportion of the added value generated from the exploitation of fishery resources in the Guinean EEZ, since currently most of this added value does notfishing zones remains within the country;
Amendment 17 #
2019/0090M(NLE)
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. whereas compared to the previous Protocol, the number of seamen to be signed on in the Union fleet has been significantly increased; whereas the owners of Union vessels shall endeavour to sign on additional Guinean seamen; whereas the competent authorities of Guinea-Bissau shall draw up and keep up to date an indicative list of qualified seamen who are candidates to be signed on by Union vessels;
Amendment 19 #
2019/0090M(NLE)
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas Guinea-Bissau is one of the 13 countries under the scope of the project ‘Improved regional fisheries governance in western Africa (PESCAO)’ adopted by Commission Decision C(2017) 2951 of 28 April 2017 which, among other objectives, aims to strengthen the prevention of and responses to IUU fishing by improving monitoring, control and surveillance at national and regional level.
Amendment 24 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes the importance of the EU- Guinea Bissau SFPA, both for Guinea Bissau and for EU fleets operating in Guinea-Bissau waterfishing zones; emphasises that there is scope for more effective progress in terms of fisheries cooperation between the EU and Guinea-Bissau and considers that it should thereforereiterates its call on the Commission to take every step required to go beyond previous protocols on the implementation of this agreement;
Amendment 28 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the objectives of the EU-Guinea Bissau SFPA have had differing degrees of success: while, on the one hand, the agreement has offered and provides considerable fishing opportunities for EU vessels in the Guinea-Bissau EEZfishing zones and European shipowners have made considerable use of these opportunities, on the other hand, the local fisheries sector has not, overall, developed enough or in a satisfactory manner;
Amendment 29 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that this protocol contains a non-discrimination clause (Article 3) whereby Guinea-Bissau undertakes not to grant more favourable technical conditions to other foreign fleets operating in Guinea-Bissau's fishing zone that have the same characteristics and target the same species; calls on the Commission to follow closely fisheries agreements with third countries in Guinea-Bissau's fishing zone;
Amendment 32 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that a transition in the management of fishing opportunities (from fishing effort management to total allowable catch management) poses a challenge to this Protocol; calls on the Commission and the competent authorities of Guinea-Bissau to promote, without delay, an appropriate and effective transition, which safeguards the necessary reliability and effectiveness of the ERS and the processing of catch data;
Amendment 34 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the need for significant progress in the development of the Guinea- Bissau fisheries sector, including the fishing industry and related activities, and calls on the Commission to take all necessary measures – including a possible revision and the bolstering of the sectoral support component of the agreement, along with the creation of conditionmeasures to increase the absorption rate of this support – in order to ensure an effective reversal of the path taken in recent decadese financial contribution – in order to achieve this objective;
Amendment 35 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 5 – introductory part
Paragraph 5 – introductory part
5. Considers that the EU-Guinea Bissau SFPA will not achieve its objectives if it does not increase added value in Guinea-Bissau as a result of the exploitation of its fishery resources; indicatesconsiders it of utmost importance to comply with the provisions set out in the Protocol on sectoral support, so that it contributes to the full implementation of the national strategy for fisheries and the blue economy; identifies in this regard as priority areas for EU support, mobilising the necessary technical and financial assistance to:
Amendment 40 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 5 – point b
Paragraph 5 – point b
b. construction ofdeveloping key infrastructure for fisheries and related activities, such as ports (both industrial and artisanal), sites for landing, storing and processing fish, markets, distribution and marketing structures, quality analysis laboratories;
Amendment 43 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 5 – point d a (new)
Paragraph 5 – point d a (new)
d a. supporting small-scale fishing;
Amendment 51 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the European Commission to prioritise and urgentlyand the competent authorities of Guinea- Bissau to enhance their cooperation in order to establish the conditions for the export of Guinea-Bissau fishery products to the EU, in particular as regards the verification of the required sanitary conditions and certification of the analytical laboratory (CIPA), sinco as to overcome the current ban constitutes a significant barrier to, boost the development of the local fisheries sector and, consequently, to the achievement ofprogress towards achieving the SFPA objectives;
Amendment 54 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Supports the need to increasenhance the contribution of the SFPA to the local creation of direct and indirect jobs, either on vessels operating under the SFPA or in fishing activities, both upstream and downstream; considers that the Member States can play a key role and be an active part in capacity-building and training efforts in order to achieve this;
Amendment 58 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that there is a need to improve the quantity and quality of data on all catches (target and by-catch), on the conservation status of fishery resources in the EEZfishing zones of Guinea-Bissau and, in general, on the impact of the SFPA on ecosystems, and that an effort should be made to develop the capacity of the Republic of Guinea-Bissau to acquire such data; calls on the Commission to help ensure that the bodies responsible for overseeing the implementation of the Agreement, namely the Joint Committee and Joint Scientific Committee, can operate smoothly, with the involvement of artisanal fishermen’s associations, trade unions, representatives of coastal communities and Guinea-Bissau civil society organisations;
Amendment 62 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that, in view of a possiblthe event of the closure of fisheries or the setting of restrictions on fisherieintroduction of fishing restrictions, in order to ensure that resources are sustainable as foreseen in the Procotol, local fishing needs should be addressed first, on the basis of sound scientific advice;
Amendment 64 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Supports the need, with a view to improving the sustainability of fishing activities, to improve the governance, control and surveillance of the EEZfishing zones of Guinea Bissau and to combat IUU fishing, inter alia, by stepping up the monitoring of vessels (through the VMS system);
Amendment 66 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses the importance of allocating the fishing opportunities provided by the SFPA on the basis of the principles of equity, balance and transparency;
Amendment 69 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the European Commission to forward to Parliament the minutes and conclusions of the meetings of the Joint Committee, the multiannual sectoral programme referred to in Article 5 of the Protocol and the results of its annual evaluations, information on the coordination of this programme with the strategic plan for the development of Guinea-Bissau’s fisheries (2015-2020), the minutes and conclusions of the meetings of the Joint Scientific Committee, as well as information on IUU fishing in the Guinean EEZfishing zones, the integration of EU economic operators in the Guinean fisheries sector (Article 10 of the Protocol) and the verification of compliance with the obligations of shipowners (e.g. in relation to the contribution in kind provided for in Chapter V of the Annex to the Protocol); calls on the Commission to present to Parliament, within the last year of application of the Protocol and before the opening of negotiations for its renewal, a full report on its implementation;
Amendment 71 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the European Commission to better integrate the recommendations now madeof the European Parliament in the EU- Guinea -Bissau SFPA, taking them into account, inter alia, in the procedures for the renewal of the Protocol;
Amendment 93 #
2018/0902R(NLE)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. Whereas in the centuries-long history of Hungary the peaceful coexistence of different nationalities and ethnic groups has had positive effects on the cultural wealth and prosperity of the nation, Hungary is reminded to continue this tradition and to resolutely oppose all efforts that might discriminate against individual groups.
Amendment 95 #
2018/0902R(NLE)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. Whereas Hungary itself has subscribed to the values enshrined in Article 2 of the Treaty on European Union (TEU), and whereas the joy of joining the European Union in 2004 was great and full of hope, Hungary is reminded to consider itself a constructive member of the Union, to respect the Union's values of the rule of law and respect for fundamental rights.
Amendment 100 #
2018/0902R(NLE)
Motion for a resolution
Recital L c (new)
Recital L c (new)
Lc. Whereas Hungary’s government disregards systematically the European supremacy principle of the role of the EU Court of Justice, but itself employs the EU Court of Justice when it comes to bringing actions against existing European laws.
Amendment 103 #
2018/0902R(NLE)
Motion for a resolution
Recital L d (new)
Recital L d (new)
Ld. Whereas blocking sanctions against Russia in the Council undermines the Union's own ability to act as a whole and constitutes a security problem for the European Union.
Amendment 105 #
2018/0902R(NLE)
Motion for a resolution
Recital L e (new)
Recital L e (new)
Le. Whereas the European Court of Justice (ECJ) has overturned significant parts of Hungary's asylum law in various rulings - most recently on 17 December 2020 - and Hungary has been condemned for pushbacks of asylum seekers and Frontex has had to cancel joint operations due to the fundamental rights violations found by the ECJ
Amendment 109 #
2018/0902R(NLE)
Motion for a resolution
Recital L f (new)
Recital L f (new)
Lf. Whereas Hungary did not agree to the application of the common Temporary Protection Directive on 3 March 2022, but the first application was decided by a two- thirds majority and thus Hungary must also comply with its provisions.
Amendment 112 #
2018/0902R(NLE)
Motion for a resolution
Recital L g (new)
Recital L g (new)
Lg. Whereas on 02.06.2021 the two third majority in the Hungarian government has decided not to participate in the establishment of the European Public Prosecutor's Office (EPPO) or the strengthened cooperation among EU prosecutors and that therefore the European Public Prosecutor's Office is not allowed to enter the country, thus hindering the investigation and prevention of corruption.
Amendment 115 #
2018/0902R(NLE)
Motion for a resolution
Recital L h (new)
Recital L h (new)
Lh. Recalls the joint statement of the presidents of the Hungarian and Romanian Constitutional Courts, Péter Paczolay and Augustin Zegrean, on the occasion of a meeting of the members of the two institutions, on 16 May 2013 in Eger, which emphasized the special responsibility of constitutional courts in countries governed by a 2/3 majority.
Amendment 117 #
2018/0902R(NLE)
Motion for a resolution
Recital L i (new)
Recital L i (new)
Li. Whereas the systematic dismantling of the rule of law, democracy and fundamental rights has enormously restricted the space for opposition parties and civil society, leaving no social dialogue and consultation mechanism with civil society organisations, trade unions and interest groups
Amendment 119 #
2018/0902R(NLE)
Motion for a resolution
Recital L j (new)
Recital L j (new)
Lj. Whereas the government's restrictions on civil society have destroyed the social dialogue and consultation mechanism with civil society organisations, trade unions and interest groups, calls on the Hungarian government to make every effort to strengthen the social dialogue and broad consultation mechanism and to guarantee the rights associated with it.
Amendment 121 #
2018/0902R(NLE)
Motion for a resolution
Recital L k (new)
Recital L k (new)
Lk. Recalls the expulsion of the Central European University (CEU) from Budapest and condemns the constant attacks on academic freedom, such as the ban on gender studies in university curricula.
Amendment 123 #
2018/0902R(NLE)
Motion for a resolution
Recital L l (new)
Recital L l (new)
Ll. Whereas in Hungary independent journalists, media owners and politicians had the Pegasus software downloaded onto their mobile phones without their knowledge, and the fact that pro- government media in Hungary hardly reported on Pegasus, illustrates the restriction of freedom of assembly and the right to privacy.
Amendment 125 #
2018/0902R(NLE)
Motion for a resolution
Recital L m (new)
Recital L m (new)
Lm. Whereas non-discrimination is a fundamental right enshrined in Article 21 of the Charter and that the referendum against LGBTQ people held in Hungary on 3 April 2022 has been discriminatory and violated this fundamental right. Recalls in addition that the results were deemed invalid as neither option ('yes' or 'no') gathered 50% of the votes.
Amendment 127 #
2018/0902R(NLE)
Motion for a resolution
Recital L n (new)
Recital L n (new)
Ln. urges the Hungarian government to end discrimination against Roma, to intensify its activities to integrate Roma and to take appropriate measures to protect Roma population. Racist threats against the Roma population must be unequivocally and decisively countered.
Amendment 129 #
2018/0902R(NLE)
Motion for a resolution
Recital L o (new)
Recital L o (new)
Lo. notes that the proportion of women in the Hungarian Parliament in 2019 was 12.6 per cent, the lowest in national parliaments in Europe, and that also the new two-thirds majority has only ten women
Amendment 131 #
2018/0902R(NLE)
Motion for a resolution
Recital L p (new)
Recital L p (new)
Lp. Whereas on 5th of May 2020 the Hungarian Parliament has refused to ratify the Council of Europe's Istanbul Convention on Violence against Women. Is deeply concerned about the increase of domestic violence against women during the Corona pandemic in Europe.
Amendment 133 #
2018/0902R(NLE)
Motion for a resolution
Recital L q (new)
Recital L q (new)
Lq. Whereas the UNESCO World Heritage Advisory Council, ICOMOS International, has described the planned large-scale project at Lake Neusiedl in Fertörakos, Hungary, in an analysis as a threat to the World Heritage Site.
Amendment 135 #
2018/0902R(NLE)
Motion for a resolution
Recital L r (new)
Recital L r (new)
Lr. Condemns that, together with a high level of corruption, there has been a massive increase in social inequality, insecurity and poverty, which not only leads to great insecurity among the population but also constitutes a violation of private property rights and undermines basic civil liberties
Amendment 137 #
2018/0902R(NLE)
Motion for a resolution
Recital L s (new)
Recital L s (new)
Ls. Condemns the fact that, in the case of homelessness, the social security system focuses primarily on declaring it illegal for homeless people to stay in public areas and on punitive measures, and calls for social inclusion measures.
Amendment 16 #
2018/0356M(NLE)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Appreciates that the EVFTA strengthen cooperation between the partners in the fight against IUU fishing under its “Trade and Sustainable Development Chapter” and underlines the importance of strengthening the constructive dialogue with Vietnam in order to successfully address the global challenges posed by illegal fishing
Amendment 29 #
2018/0356M(NLE)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the importance of implementing Vietnam’s new fisheries legislation at provincial level and communicate the importance of compliance to the local stakeholders in the fisheries sector
Amendment 31 #
2018/0356M(NLE)
Draft opinion
Paragraph 3
Paragraph 3
3. EncouraUrges the Vietnamese authorities to closely monitor the country’s fishing fleet and to implement measures to ensure the full traceability of fisheries products destined for export to the EU market;
Amendment 37 #
2018/0356M(NLE)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that fishing and aquaculture products are conditional sectors of investments, as described in Vietnam s investment framework, which prohibits investments deemed as detrimental to the environment, among other areas.
Amendment 38 #
2018/0356M(NLE)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Encourages the Vietnamese authorities to allocate sufficient financial and human resources to the fight against IUU fishing at both the national and provincial level
Amendment 40 #
2018/0356M(NLE)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Is of the opinion that preferential tariffs should be based on conditions, i.e. a coupling with controls, and a review on the achievement of those conditions, such as the level of reduction of fishing capacity
Amendment 41 #
2018/0356M(NLE)
Draft opinion
Paragraph 4
Paragraph 4
4. Is of the opinion that preferential tariffs should also be accompanied by monitoring and auditing of the implementation of the Vietnamese Action Plan to tackle IUU fishing and review of the commitments made by Vietnam under Article 13.9 of the EU-Viet Nam FTA;
Amendment 45 #
2018/0356M(NLE)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that the ‘yellow card’ notification should be seen as a means to encourage the Vietnamese authorities to persevere in their efforts to tackle IUU fishing activities; believes that further extension of the ‘yellow card’ should be accompanied by clear operational targets and timelines with a view to implement the measures needed and to give a constructive sense to the sanction;
Amendment 52 #
2018/0356M(NLE)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the importance of including all EU fish products protected with a geographical indication of origin in chapter 12 of the FTA on intellectual property.
Amendment 55 #
2018/0356M(NLE)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the European Commission to provide specific financial and technical support to Vietnam in order to facilitate the implementation of environmental sustainability standards for seafood products. Moreover, calls on the European Commission to also incentivize individual Vietnamese fisheries to help meet sustainability standards
Amendment 60 #
2018/0356M(NLE)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to make full use of all the tools at its disposal, including the ‘red card’, should Viet Nam fail to fulfil the conditions for sustainable fisheries. in order to ensure the safety of imports of fish and seafood products into the EU market and to protect its consumers.
Amendment 122 #
2018/0329(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common standards and procedures in Member States for returning illegalrregularly staying third-country nationals (recast) A contribution from the European Commission to the Leaders’ meeting in Salzburg on 19-20 September 2018
Amendment 134 #
2018/0329(COD)
Proposal for a directive
Recital 4
Recital 4
(4) That European return policy should be based on common standards, for persons to be returned in a humane manner and with full respect for their fundamental rights and dignity , as well as international law, including refugee protection and human rights obligations. Clear, transparent and fair rules need to be established to provide for an effective European return policy which serves as a deterrent to irregular migration and ensures coherence with and contributes to the integrity of the Common European Asylum System and the legal migration system .
Amendment 144 #
2018/0329(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Member States should ensure that the ending of illegalrregular stay of third- country nationals is carried out through a fair and transparent procedure. According to general principles of EU law, decisions taken under this Directive should be adopted on a case-by-case basis and based on objective criteria, implying that consideration should go beyond the mere fact of an illegalrregular stay. When using standard forms for decisions related to return, namely return decisions and, if issued, entry-ban decisions and decisions on removal, Member States should respect that principle and fully comply with all applicable provisions of this Directive.
Amendment 145 #
2018/0329(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 160 #
2018/0329(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is recognised that it is legitimate for Member States to return illegalrregularly staying third-country nationals, provided that fair and efficient asylum systems are in place which fully respect the principle of non-refoulement.
Amendment 162 #
2018/0329(COD)
(10) In accordance with Council Directive 2005/85/EC 12, a third-country national who has applied for asylum in a Member State should not be regarded as staying illegally on the territory of that Member State until a negative decision on the application, or a final decision ending his or hetheir right of stay as asylum seeker has entered into force, without prejudice to humanitarian or other reasons that prevent return. _________________ 12Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ L 326, 13.12.2005, p. 13).
Amendment 163 #
2018/0329(COD)
Proposal for a directive
Recital 10
Recital 10
(10) In accordance with Council Directive 2005/85/EC12 , a third-country national who has applied for asylum in a Member State should not be regarded as staying illegalrregularly on the territory of that Member State until a negative decision on the application, or a decision ending his or her right of stay as asylum seeker has entered into force. _________________ 12Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ L 326, 13.12.2005, p. 13).
Amendment 166 #
2018/0329(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To ensure clearer and more effective rules for granting a period for voluntary departure and detaining a third- country national, determining whether there is or there is not a risk of absconding should be based on Union-wide objective criteria. Moreover this Directive should set out specific criteria which establish a ground for a rebuttable presumption that a risk of absconding exists, exhaustive and limited list of criteria.
Amendment 171 #
2018/0329(COD)
Proposal for a directive
Recital 12
Recital 12
Amendment 177 #
2018/0329(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Where there are no reasons to believe that the granting of a period for voluntary departure would undermine the purpose of a return procedure, voluntary return should be preferred over forced return Voluntary return should always be preferred over forced return and an appropriate period for voluntary departure of thirty days should be granted. Member states should be able to decide to grandt an appropria shorter period for voluntary departure of up to thirty days, depending in particular on the prospect of return, should beminimum 7 days and exceptionally not to granted. A a period for voluntary departure should not be granted where it has been assessed that third- country nationals pose a risk of absconding, have had a previous application for legal stay dismissed as fraudulent or manifestly unfounded, or they pose agenuine and present risk to public policy, public security or national security. An extension of the period for voluntary departure should be provided for when considered necessary because of the specific circumstances of an individual case.
Amendment 178 #
2018/0329(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Where there are no reasons to believe that the granting of a period for voluntary departure would undermine the purpose of a return procedure, voluntary return should be preferred over forced return and an appropriate period for voluntary departure of up to thirty days, depending in particular on the prospect of return, should be granted. A period for voluntary departure should not be granted where it has been assessed that third- country nationals pose a risk of absconding, have had a previous application for legal stay dismissed as fraudulent or manifestly unfounded, or they pose a risk to public policy, public security or national security. An extension of the period for voluntary departure should be provided for when considered necessary because of the specific circumstances of an individual case and in the case of children, the best interests of the child should be the primary consideration in an extension decision.
Amendment 189 #
2018/0329(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to promote voluntary return, Member States should have operational programmes providing for enhanced return assistance and counselling, which mayshould include support for reintegration in third countries of return, taking into account the common standards on Assisted Voluntary Return and Reintegration Programmes developed by the Commission in cooperation with Member States and endorsed by the Council.
Amendment 196 #
2018/0329(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The deadline for lodging an appeal against decisions related to return should provide enough time to ensure access to an effective remedy, while taking into account that long deadlines can have a detrimental effect on return procedures. To avoid possible misuse of rights and procedures, a maximum period not exceeding five days should be granted to appeal against a return decision. This provision should only apply following a decision rejecting an application for international protection which became final, including after a possible judicial reviewch should not in any event be less than 30 days.
Amendment 198 #
2018/0329(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The deadline for lodging an appeal against decisions related to return should provide enough time to ensure access to an effective remedy, while taking into account that long deadlines can have a detrimental effect on return procedures. To avoid possible misuse of rights and procedures, a maximum period not exceeding five days should be granted to appeal against a return decision. This provision should only apply following a decision rejecting an application for international protection which became final, including after a possible judicial review.
Amendment 206 #
2018/0329(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 217 #
2018/0329(COD)
Proposal for a directive
Recital 18
Recital 18
(18) An appeal against a return decision shouldall always have an automatic suspensive effect only in cases where there is a risk of breach of the principle of non- refoulement.
Amendment 223 #
2018/0329(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In cases where the principle of non-refoulement is notof a subsequent return decision, for instance following the final rejection of at stake, appeals against a return decision should not have an automatic suspensive effect. Tubsequent application for international protection, the judicial authorities should be able to temporarily suspend the enforcement of a return decision in individual cases for other reasons, either upon request of the third- country national concerned or acting ex officio, where deemed necessary. Such decisions should, as a rule, be taken within 48 hours. Where justified by the complexity of the case, judicial authorities should take such decisio be taken without undue delay.
Amendment 228 #
2018/0329(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 233 #
2018/0329(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The necessary legal aid should be made available , upon requestfree of charge, to those who lack sufficient resources. National legislation should establish a list of instances where legal aid is to be considered necessarylegal aid.
Amendment 239 #
2018/0329(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The situation of third-country nationals who are staying illegalrregularly but who cannot yet be removed should be addressed. Their basic conditions of subsistence should be defined according to national legislation. In order to be able to demonstrate their specific situation in the event of administrative controls or checks, such persons should be provided with written confirmation of their situation. Member States should enjoy wide discretion concerning the form and format of the written confirmation and should also be able to include it in decisions related to return adopted under this Directive.
Amendment 244 #
2018/0329(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 252 #
2018/0329(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The use of detention for the purpose of removal should be limited, always used at last resort and subject to the principle of proportionality with regard to the means used and objectives pursued. Detention is justified only to prepare the return or carry out the removal process and if the application of less coercive measures would not be sufficient.
Amendment 255 #
2018/0329(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Detention should be imposed, following an individual assessment of each case, where there is a risk of absconding, where the third-country national avoids or hampers the preparation of return or the removal process, or when the third country national concerned poses a risk to public policy, public security or national security. Children, both when unaccompanied or separated and with their families, shall not be detained and Member States shall provide appropriate alternatives to detention in line with the New York Declaration for Refugee sand Migrant of 19 September 2016.
Amendment 258 #
2018/0329(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Detention should be imposed, following an individual assessment of each case, where there is a risk of absconding, where the third-country national avoids or hampers the preparation of return or the removal process, or when the third country national concerned poses a risk to public policy, public security or national security.
Amendment 268 #
2018/0329(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Given that maximum detention periods in some Member States are not sufficientThe maximum period of detention should be two months, which may be prolonged, no more than two ensure the implementation of return, a maximum period of detention between three and six months, which may be prolonged, should be established in times, which means a maximum period of six months, in order to provide for sufficient time to complete the return procedures successfully, without prejudice to the established safeguards ensuring that detention is only applied when necessary and proportionate and for as long as removal arrangements are in progress.
Amendment 272 #
2018/0329(COD)
Proposal for a directive
Recital 30
Recital 30
Amendment 286 #
2018/0329(COD)
Proposal for a directive
Recital 32
Recital 32
Amendment 298 #
2018/0329(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 304 #
2018/0329(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 309 #
2018/0329(COD)
Proposal for a directive
Recital 36
Recital 36
Amendment 319 #
2018/0329(COD)
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) EU data protection legislation is applicable to any processing of personal data in the return management systems of the Member states, including the communication of this data to the central system operated by the European Border and Coast Guard Agency. Return management systems should respect the principles of lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; and accountability of the data controller. The national return management systems should not contain any information obtained during the personal interview carried out on the basis of Article 15 of Directive 2013/32/EU (Asylum Procedures Directive).
Amendment 324 #
2018/0329(COD)
Proposal for a directive
Recital 40
Recital 40
(40) The Union provides financial and operational support in order to achieve an effective implementation of this Directive. Member States should make best use of the available Union financial instruments, programmes and projects in the field of return, in particular under Regulation (EU) …/… [Regulation establishing the Asylum and Migration Fund], as well as of the operational assistance by the European Border and Coast Guard Agency according to Regulation (EU) …/… [EBCG Regulation]. Such support should be used in particular for establishing return management systems and programmes for providing logistical, financial and other material or in-kind assistance to support the return – and where relevant the reintegration – of illegalrregularly staying third- country nationals.
Amendment 333 #
2018/0329(COD)
Proposal for a directive
Recital 46
Recital 46
(46) The purpose of an effective and dignified implementation of the return of third- country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with this Directive, is an essential component of the comprehensive efforts to tackle irregular migration and represents an important reason of substantial public interestonents of the European migration policy.
Amendment 336 #
2018/0329(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Member States' return authorities need to process personal data to ensure the proper implementation of return procedures and the successful enforcement of return decisions. The third countries of return are often not the subject of adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679 of the European Parliament and of the Council18 , or under Article 36 of Directive (EU) 2016/68019 , and have often not concluded or do not intend to concludeand have often not concluded a readmission agreement with the Union or otherwise provide for appropriate safeguards within the meaning of Article 46 of Regulation (EU) 2016/679 or within the meaning of the national provisions transposing Article 37 of Directive (EU) 2016/680. Despite the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return, it is not always possible to ensure such third countries systematically fulfil the obligation established by international law to readmit their own nationals. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679 or pursuant to the national provisions transposing Article 36 of Directive (EU) 2016/680, cover a limited number of such third countries. In the situation where such agreements do not exist, personal data should not be transferred by Member States' competent authorities for the purposes of implementing the return operations of the Union, in line with the conditions laid down in Article 49(1)(d) of Regulation (EU) 2016/679 or in the national provisions transposing Article 38 of Directive (EU) 2016/680to authorities of third countries. _________________ 18Regulation (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). 19Directive (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).
Amendment 342 #
2018/0329(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive sets out common standards and procedures to be applied in Member States for returning illegalrregularly staying third- country nationals, in accordance with fundamental rights as general principles of Union law as well as international law, including refugee protection and human rights obligations.
Amendment 343 #
2018/0329(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies to third- country nationals staying illegalrregularly on the territory of a Member State.
Amendment 346 #
2018/0329(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 349 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘illegalrregular stay’ means the presence on the territory of a Member State, of a third- country national who does not fulfil, or no longer fulfils the conditions of entry as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in that Member State;
Amendment 355 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point b
Article 3 – paragraph 1 – point 3 – point b
(b) a country of transit in accordance with Union or bilateral readmission agreements or other arrangements, or,
Amendment 363 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
4. ‘return decision’ means an administrative or judicial decision or act, stating or declaring the stay of a third- country national to be illegalrregular and imposing or stating an obligation to return;
Amendment 392 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The objective criteria referred to in point 7 of Article 3 shall include at leastexclusively include the following criteria:
Amendment 396 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 399 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 401 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 403 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 407 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
Amendment 413 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) non-compliance with the requirement of Article 8(2) to go immediately to the territory of another Member State that granted a valid residence permit or other authorisation offering a right to stay;
Amendment 414 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point j
Article 6 – paragraph 1 – point j
Amendment 420 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point m
Article 6 – paragraph 1 – point m
Amendment 423 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point n
Article 6 – paragraph 1 – point n
Amendment 424 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point o
Article 6 – paragraph 1 – point o
Amendment 426 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point p
Article 6 – paragraph 1 – point p
Amendment 441 #
Amendment 445 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall impose on third-country nationals the obligation to cooperate withfacilitate the cooperation between third-country nationals and the competent authorities of the Member States at all stages of the return procedures. That obligation shall include the following in particular:All information on the procedure shall be given to the third country nationals in a language which they understand.
Amendment 450 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the dutyThird country nationals cooperate to provide all the elements that are necessary for establishing or verifying identity;
Amendment 453 #
2018/0329(COD)
Amendment 460 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the duty to remain present andThird country nationals remain available throughout the procedures;
Amendment 465 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Amendment 472 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 479 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall inform the third-country nationals about the consequences of not complying with the obligation referred to in paragraph 1. When children, information shall be provided in a child-friendly manner and in a language they understand, in the presence of child protection officers, or the guardian.
Amendment 487 #
Amendment 491 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall issue a return decision to any third-country national staying illegalrregularly on their territory, without prejudice to the exceptions referred to in paragraphs 2 to 5.
Amendment 493 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Third-country nationals staying illegalrregularly on the territory of a Member State and holding a valid residence permit or other authorisation offering a right to stay issued by another Member State shall be required to go to the territory of that other Member State immediately. In the event of non-compliance by the third- country national concerned with this requirement, or where the third-country national’s immediate departure is required for reasons of public policy or national security, paragraph 1 shall apply.
Amendment 495 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States may refrain from issuing a return decision to a third-country national staying illegally on their territory if the third-country national concerned is taken back by another Member State under bilateral arrangements or agreements existing on 13 January 2009. In such a case the Member State which has taken back the third-country national concerned shall apply paragraph 1A decision by a Member State not to adopt a return decision pursuant to a bilateral agreement must be issued in writing and accompanied by an appropriate statement of reasons, and must take into account all the procedural and substantive guarantees laid down by this Directive and EU law. Such decisions must never prejudice access to the international protection procedure or the rights of minors.
Amendment 496 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States may refrain from issuing a return decision to a third-country national staying illegalrregularly on their territory if the third-country national concerned is taken back by another Member State under bilateral agreements or arrangements existing on 13 January 2009 . In such a case the Member State which has taken back the third-country national concerned shall apply paragraph 1.
Amendment 499 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. In any event, Member States may at any moment decide toust assess the possibility of granting an autonomous residence permit or other authorisation offering a right to stay for compassionate, humanitarian or other reasons to a third- country national staying illegally on their territory. In that event no return decision shall be issued. Where a return decision has already been issued, it shall be withdrawn or suspended for the duration of validity of the residence permit or other authorisation offering a right to stay.
Amendment 500 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States may at any moment decide to grant an autonomous residence permit or other authorisation offering a right to stay for compassionate, humanitarian or other reasons to a third- country national staying illegalrregularly on their territory. In that event no return decision shall be issued. Where a return decision has already been issued, it shall be withdrawn or suspended for the duration of validity of the residence permit or other authorisation offering a right to stay.
Amendment 502 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. If a third-country national staying illegalrregularly on the territory of a Member State is the subject of a pending procedure for renewing his or her residence permit or other authorisation offering a right to stay, that Member State shall consider refraining from issuing a return decision, until the pending procedure is finished.
Amendment 506 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Member States shallmay issue a return decision immediately after the adoption of a decision ending a legal stay of a third- country national, including a decision not granting a third-country national refugee status or subsidiary protection status in accordance with Regulation (EU) …/… [Qualification Regulation].
Amendment 523 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
A return decision shall provide for an appropriate period for voluntary departure of up to thirty days, without prejudice to the exception referred to in paragraphs 2 and 4. Member States may provide in their national legislation that such a period shall be granted only following an application by the third-country national concerned. In such a case, Member States shall inform the third-country nationals concerned of the possibility of submitting such an application.
Amendment 534 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall notmay grant a period for voluntary departure of no less than seven days and exceptionally refrain from granting a period ofor voluntary departure in following cases: :
Amendment 535 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) where there is a risk of absconding determined in accordance with Article 6 ;in case of explicit expression of non-compliance with return-related measures applied by virtue of the Directive or non-compliance with a measure aiming at preventing the risk of absconding.
Amendment 536 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
Amendment 539 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point c
Article 9 – paragraph 4 – point c
(c) where the third-country national concerned poses a genuine and present risk to public policy, public security or national security.
Amendment 551 #
2018/0329(COD)
Proposal for a directive
Article 10 – paragraph 1
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 illegalrregularly staying third-country nationals who do not hold a valid travel document and to obtain such a document.
Amendment 566 #
2018/0329(COD)
Proposal for a directive
Article 12 – title
Article 12 – title
12 Return and removal of unaccompanied minorschildren
Amendment 567 #
2018/0329(COD)
Proposal for a directive
Article 12 – title
Article 12 – title
12 Return and removal of unaccompanied minors
Amendment 571 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities - including child protection officers for the entire duration of the process - enforcing return shall be granted with due consideration being given to the best interests of the child. Prior the decision to remove an unaccompanied child Member States shall also take into consideration the legitimate and stable ties the child has developed in the Member States, including the attendance to school.
Amendment 576 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities enforcing return shall be granted with due consideration being given to the best interests of the child.
Amendment 578 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the State of return and shall conduct a thorough follow-up to ensure the child best interest is fully respected. When the return is deemed in the best interest of the child, Member States shall ensure the child receives appropriate assistance.
Amendment 581 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Unaccompanied children shall be assisted by a guardian throughout the entire process and the best interest of the child shall be the primary consideration in all decisions.
Amendment 585 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Return decisions shallmay be accompanied by an entry ban:
Amendment 586 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 – point b
Article 13 – paragraph 1 – subparagraph 1 – point b
(b) if the obligation to return has not been complied with. In the case of children return decision shall not be accompanied by an entry ban.
Amendment 588 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 594 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The length of the entry ban shall be determined with due regard to all relevant circumstances of the individual case and shall not in principle exceed five years. It may however exceed five years if the third- country national represents a genuine and serious threat to public policy, public security or national security.
Amendment 604 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Each Member State shall set up, operate, maintain and further develop a national return management system, which shall process all the necessary information for implementing this Directive, in particular as regards the management of individual cases as well as of any return- related procedure, including reintegration in the country of return.
Amendment 611 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
Member States shall establish programmes for providing logistical, financial and other material or in-kind assistance, in accordance with national legislation, for the purpose of supporting the return of illegalrregularly staying third-country nationals who are nationals of third countries listed in Annex I to Council Regulation 539/200130 . _________________ 30Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).
Amendment 615 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
Such assistance mayshall include support for reintegration in the third country of return.
Amendment 619 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 3
Article 14 – paragraph 3 – subparagraph 3
Amendment 626 #
2018/0329(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall provide, upon request, a written or oral translation of the main elements of decisions related to return, as referred to in paragraph 1, including information on the available legal remedies in a language the third- country national understands or may reasonably be presumed to understand.
Amendment 627 #
2018/0329(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 636 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
Amendment 640 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
The enforcement of the return decision shall be automatically suspended during the period for bringing the appeal at first instance and, where that appeal has been lodged within the set period, during the examination of the appeal, where there is a risk to breach the principle of non- refoulement. Should a further appeal against a first or subsequent appeal decision be lodged, and in all other cases, the enforcement of the return decision shall not be suspended unless a court or tribunal decides otherwise taking into due account the specific circumstances of the individual case upon the applicant’s request or acting ex officio, during the examination of the appeal and until the decision on the appeal has been notified to the applicant.
Amendment 647 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 2
Article 16 – paragraph 3 – subparagraph 2
Amendment 649 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 3
Article 16 – paragraph 3 – subparagraph 3
Amendment 655 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
Member States shall grant a period not exceeding fiveat least fifteen days to lodge an appeal against a return decision when such a decision is the consequence of a final decision rejecting an application for international protection taken in accordance with Regulation (EU) …/… [Asylum Procedure Regulation].
Amendment 665 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Member States shall ensure that the necessary legal assistance and/or representation is granted on request free of charge in accordance with relevant national legislation or rules regarding legal aid, and may provide that such free legal assistance and/or representation is subject to conditions as set out in Article15(3) to (6) of Directive 2005/85/EC.
Amendment 671 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Unless other sufficient but less coercive measures can be applied effectively in a specific case, Member States may only keep in detention a third-country national who is the subject of return procedures in order to prepare the return and/or carry out the removal process, in particular when:
Amendment 681 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c
Article 18 – paragraph 1 – subparagraph 1 – point c
(c) the third-country national concerned poses a genuine and present risk to public policy, public security or national security.
Amendment 682 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
Amendment 694 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Detention shall be maintained for as long a period as the conditions laid down in paragraph 1 are fulfilled and it is necessary to ensure successful removal. Each Member State shall set a maximumlimited period of detention of not less than three months and not more than sixmaximum 2 months.
Amendment 700 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 6 – introductory part
Article 18 – paragraph 6 – introductory part
6. Member States may not extend the period referred to in paragraph 5 except for a limited period not exceeding a further twelvefour months in accordance with national law in cases where regardless of all their reasonable efforts the removal operation is likely to last longer owing to:
Amendment 708 #
2018/0329(COD)
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Relevant and competent national, international and non-governmental organisations and bodies shall have the possibility to visit detention facilities, as referred to in paragraph 1, to the extent that they are being used for detaining third- country nationals in accordance with this Chapter. Such visits may be subject to authorisation. Under no circumstances may such visits be restricted or prohibited.
Amendment 713 #
Amendment 717 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Unaccompanied minors and families with minors shall onlynot be detained as a measure of last resort and for the shortest appropriate period of time.
Amendment 718 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of timenever be detained.
Amendment 720 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 723 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Families detained pending removal shall be providedPending removal families and unaccompanied minors shall be provided with alternative measures to detention, with separate accommodation guaranteeing adequate privacy.
Amendment 724 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 727 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have, depending on the length of their stay, access to education.
Amendment 729 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 731 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Unaccompanied minors shall as far as possibleMinors shall be provided with accommodation in institutions provided with personnel and facilities which take into account the needs of persons of their age.
Amendment 733 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 736 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The best interests of the child shall be a primary consideration in the context of the detention of minors pending removalall situations.
Amendment 742 #
Amendment 1 #
2017/0360R(NLE)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),
Amendment 10 #
2017/0360R(NLE)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
- having regard to its resolution of 25 November 2019 on the Union’s accession to the Istanbul Convention on preventing and combating violence against women 14a, _________________ 14a Texts adopted, P9_TA(2019)0080.
Amendment 11 #
2017/0360R(NLE)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to its legislative resolution of 17 April 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Rights and Values programme 16a, _________________ 16a Texts adopted, P8_TA(2019)0407.
Amendment 53 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reiterates its position as regards the budget envelope for the new Rights and Values Programme within the next Multiannual Financial Framework, and calls to ensure that adequate funding is provided for national and local civil society organizations to grow grassroots support for democracy, rule of law and fundamental rights in the Member States, including Poland;
Amendment 76 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned that the new Chamber of Extraordinary Control and Public Matters of the Supreme Court (hereinafter the ‘Extraordinary Chamber’), which is composed in majority of judges nominated by the new National Council of the Judiciary (NCJ) and risks not to qualify as independent tribunal in the assessment of the CJEU, is to ascertain the validity of general and local elections and to examine electoral disputes; this raises serious concerns as regards the separation of powers and the functioning of Polish democracy, in that it makes judicial review of electoral disputes particularly vulnerable to political influence and is capable of creating legal uncertainty as to the validity of such review22 ; _________________ 22Venice Commission, Opinion of 8-9 December 2017, CDL-AD(2017)031, para. 43; Third Commission Recommendation (EU) 2017/1520 of 26 July 2017, para. 135.
Amendment 80 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is concerned, while recognising the extraordinary circumstances created by the COVID-19 health crisis, about the amendments to the electoral legislation being considered in the Polish parliament shortly before the presidential elections which change the practical organisation of the elections in order to proceed to a vote by postal services, which could impede the elections from taking a fair, secret and equal course, respectful of the right to privacy and Regulation (EU) 2016/679 of the European Parliament and of the Council23 and which moreover run counter to the case law of the Polish Constitutional Tribunal; stresses, moreover, that it is very difficult to organise a genuine election campaign giving an equal share of attention and equal opportunities to all candidates and programmes and allowing for real public debate in the midst of an epidemic24 ; notes with concern that the elections, originally scheduled to be held on 10 May 2020, were eventually postponed without respecting formal legal requirements; _________________ 23Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 24OSCE/ODIHR, Opinion on the draft act on special rules for conducting the general election of the President of the Republic of Poland ordered in 2020 (Senate Paper No. 99), 27 April 2020.
Amendment 88 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that the acts concerning the Constitutional Tribunal adopted on 22 December 2015 and 22 July 2016, as well as the package of three acts adopted at the end of 2016, seriously affected the Constitutional Tribunal’s independence and legitimacy and were therefothat the first two acts were declared unconstitutional by the Constitutional Tribunal on respectively 9 March 2016 and 11 August 2016; recalls that those judgments were not published at the time nor implemented by the Polish authorities; seriously deplores the lack of independent and effective constitutional review in Poland since the entry into force of the aforementioned legislative changes25 ; invites the Commission to consider launching an infringement procedure in relation to the legislation on the Constitutional Tribunal; _________________ 25 Venice Commission Opinion of 14-15 October 2016, para. 128; UN, Human Rights Committee, Concluding observations on the seventh periodic report of Poland, 31 October 2016, paras 7-8; Commission Recommendation (EU) 2017/1520.
Amendment 91 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that, already in 2017, changes in the method of nomination of candidates to the position of the First President of the Supreme Court deprived the participation of the Supreme Court judges in the selection procedure of any meaningful effect and put the decision in the hands of the President of the Republic; denounces that recent amendments to the act on the Supreme Court even further reduce the participation of the judges in the process of selection of the First President of the Supreme Court by introducing a position of First President ad interim appointed by the President of the Republic and by reducing the quorum in the third round to 32 out of 120 judges only, thereby effectively abandoning the model of power-sharing between the President and the judicial community enshrined in Article 183(3) of the Polish Constitution26 ; notes with concern the irregularities surrounding the nomination of the First President ad interim and his further actions; notes that, on 25 May 2020, the President of the Republic of Poland did not choose the candidate with the largest support among the Supreme Court judges as First President of the Supreme Court; _________________ 26Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, CDL-PI(2020)002, paras 51-55.
Amendment 102 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that, in 2017, two new chambers within the Supreme Court were created, namely the Disciplinary Chamber and the Extraordinary Chamber, which were staffed with newly appointed judges selected by the new NCJ and entrusted with special powers – including the power of the Extraordinary Chamber to quash final judgments taken by lower courts or by the Supreme Court itself by way of extraordinary review, and the power of the Disciplinary Chamber to discipline other (Supreme Court) judgejudges of the Supreme Court and of common courts, creating de facto a “Supreme Court within the Supreme Court”;30 _________________ 30OSCE-ODIHR, Opinion of 13 November 2017, p. 7-20; Venice Commission, Opinion of 8-9 December 2017, para. 43; Recommendation (EU) 2018/103, para. 25; GRECO, Addendum to the Fourth Round Evaluation Report on Poland (Rule 34) of 18-22 June 2018, para. 31; Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 8.
Amendment 106 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that the referring Supreme Court (Labour Chamber) subsequently concluded in its judgment of 5 December 2019 that the Disciplinary Chamber does not fulfil the requirements of an independent and impartial tribunal, and that the Supreme Court (Civil, Criminal and Labour Chambers) adopted a resolution on 23 January 2020 reiterating that the Disciplinary Chamber is not a court due to its lack of independence and therefore its decisions shall be considered null and void; notes with grave concern that the Polish authorities have declared that those decisions are of no legal significance when it comes to the continuing functioning of the Disciplinary Chamber and the NCJ, and that the Constitutional Tribunal has ‘suspended’ the resolution of 23 January 2020, creating a dangerous judiciary duality in Poland and moreover openly defying the primacy of Union law and the status granted to the CJEU by Article 19(1) TEU in that it limits the effectiveness and application of the CJEU’s ruling of 19 November 201932 ; _________________ 32Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 38.
Amendment 112 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that the Supreme Court (Labour Chamber), implementing the criteria set out by the CJEU in its judgment of 19 November 2019, found in its judgment of 5 December 2019 and in its decisions of 15 and 23 January 2020 that the decisive role of the new NCJ in the selection of the judges of the newly created Disciplinary Chamber undermines the latter’s independence and impartiality; is concerned about the legal status of the judges appointed or promoted by the NCJ in its current composition and about the impact their participation in adjudicating may have on the validity and legality of proceedings;
Amendment 114 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls that the European Network of Councils for the Judiciary (ENCJ) suspended the new NCJ on 17 September 2018 for reason of no longer fulfilling the requirements of being independent of the executive and legislature and is now considering expelling the new NCJ entirelyhas initiated the expulsion procedure in April 202035 ; _________________ 35 ENCJ, Letter of 21 February 2020 by the ENCJ Executive Board. See as well the letter of 4 May 2020 by the European Association of Judges in support of the ENCJ.
Amendment 116 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to start infringement proceedings against the act of 12 May 2011 on the NCJ as amended in 2017 and to ask the CJEU to suspend the activities of the new NCJ by way of interim measures;
Amendment 126 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Expresses concern regarding the disciplinary proceedings initiated against common court judges in reference to their judicial decisions or public statements in defence of judicial independence;
Amendment 139 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Is concerned about reports alleging undue delays in court proceedings, difficulties in accessing legal assistance during arrest, and instances of insufficient respect for the confidentiality of communication between counsel and client44 ; calls on the Commission to closely monitor the situation of lawyers in Poland; reminds of the right of all citizens to being advised, defended and represented by an independent lawyer according to Article 48 of the Charter of Fundamental Rights; _________________ 44UN Human Rights Committee (HRC), Concluding observations on the seventh periodic report of Poland, 23 November 2016, para. 33.
Amendment 150 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Recalls that in its resolution of 14 September 2016, Parliament has expressed its concern about already adopted and newly suggested changes to Polish media law; repeats its call on the Commission to carry out an assessment of the legislation adopted as regards its compatibility with Union Law, in particular, regarding the with Article 11 of the Charter of Fundamental Rights and Union legislation on public media;
Amendment 151 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Recalls that, in its resolution of 16 January 2020, Parliament has called on the Council to address in the hearings under Article 7(1) of the TEU any new developments in the field of freedom of expression, including media freedom; condemns cases of censoring content by the public broadcasters in Poland;
Amendment 163 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Reiterates its call on the Polish government to respect the right of freedom of assembly by removing from the current act of 24 July 2015 on public assemblies, as amended on 13 December 2016, the provisions prioritising government- approved ‘cyclical’ assemblies48 ; urges the authorities to refrain from applying criminal sanctions to people who participate in peaceful assemblies or counter-demonstrations and to drop criminal charges against peaceful protesters; urges the authorities moreover to adequately protect peaceful assemblies; is concerned about the current ban on public assemblies without the introduction of a state of natural disaster due to the COVID-19 pandemic and insists on the need to apply the principle of proportionality when restricting the right to assembly during the COVID-19 crisis; _________________ 48 See as well the Communication of 23 April 2018 by UN Experts to urge Poland to ensure free and full participation at climate talks.
Amendment 227 #
2017/0360R(NLE)
46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, the banning of and inadequate protection against attacks on Pride marches and awareness-raising programmes, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’, and called on the Commission to strongly condemn such public discrimination;
Amendment 234 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Notes that the lack of independence of the judiciary in Poland has already started affecting mutual trust between Poland and other Member States, especially in the field of judicial cooperation in criminal matters, given that national courts have refused to or hesitated to release Polish suspects under the European Arrest Warrant (EAW) procedure due to profound doubts about the independence of the Polish judiciary; points out that mutual trust between the Member States can be restored only once respect for the values enshrined in Article 2 TEU is ensured;
Amendment 252 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Calls on the Commission to make full use of the tools available to it, to address a clear risk of a serious breach by Poland of the values on which the Union is founded, in particular expedited infringement procedures and applications for interim measures before the CJEU, as well as budgetary tools; strongly supports the Commission’s approach on inclusion of rule of law conditionality in the future Multiannual Financial Framework; calls on the Commission to continue to keep Parliament regularly informed and closely involved;
Amendment 70 #
2016/0224(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) ‘In order to guarantee the rights of the applicant, a decision concerning his or her application should be given in writing. Where the decision does not grant international protection, the applicant should be given reasons in fact and in law, information on the consequences of the decision and the modalities for challenging it. Without prejudice to the applicant’s right to remain and to the principle of non-refoulement, such a decision may include, or may be issued together with, a return decision issued in accordance with Article 6 of Directive 2008/115/EC of the European Parliament and of the Council.
Amendment 74 #
2016/0224(COD)
Proposal for a regulation
Recital 31a
Recital 31a
(31a) In orWhere a Member State considers tohat it would increase the efficiency of procedures and to reduce the risk of absconding and the likelihood of unauthorised movements, if there should bare no procedural gasteps between the issuance of a negative decision on an application for international protection and of a return decision. A, it may issue a return decision should immediately be issued to applicants whose applications are rejected. Without prejudice to the right to an effective remedy, the return decision should either be part of the negative decision on an application for intThis possibility should in no way restrict Member States’ discretion as regards the use of Article 6(5) of Regulation (EU) 2016/399 1a or their discretion to issue residence permits or other authorisations under national protection or, if it is a separate act, be issued at the same time and together with the negative decision.’law granting a right to stay on the territory. _________________ 1a Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code).
Amendment 89 #
2016/0224(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) ‘Many applications for international protection are made at the external border or in a transit zone of a Member State, often by persons apprehended in connection with unauthorisedirregular crossings of the external border or disembarked following a search and rescue operation. In order to conduct identification, security and health screening at the external border and direct the third-country nationals and stateless persons concerned to the relevant procedures, a screening is necessary. There should be seamless and efficient links between all stages of the relevant procedures for all irregular arrivals. After the screening, tThird-country nationals and stateless persons should be channelled to the appropriate asylum or return procedure, or refused entry. A pre- entry phase consisting of screening and border procedures for asylum and return should therefore be established.’, or granted entry in accordance with Article 6(5) of the Schengen Borders Code.
Amendment 99 #
2016/0224(COD)
Proposal for a regulation
Recital 40a
Recital 40a
(40a) ‘ The purpose of the border procedure for asylum and return should be to quickly assess applications, at the external borders whether applications are unfounded or inadmissible and to, to determine whether they are well founded or unfounded. If unfounded, the procedure should allow for a swiftly return of those with no right to stay and who have been issued a return decision, while ensuring that those with well-founded claims are channelled into the regular procedure and provided quick access to international protection. Member States should therefore be able to require applicants for international protection to stay at the external border or in a transit zone in order to assess the admissibility of applications. In well-defined circumstances, Member States should be able to provide for the examination of the merits of an application and, in the event of rejection of the application, for tha decision on the possible return of the third-country nationals and stateless persons concerned at the externconcerned in a border procedure. However a border procedures should not be applied to unaccompanied minors, families with children, and other vulnerable applicants including those with special procedural border reception needs.
Amendment 105 #
2016/0224(COD)
Proposal for a regulation
Recital 40b
Recital 40b
(40b) Member State should be able to assess applications in a border procedure where the applicant is a danger to national security or public order, where the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision and where it is likely that the application is unfounded because the applicant is of a nationality for whom the number of decisions granting international protection in that Member State is lower than 210% of the total number of decisions for that third country. In other cases, such as same way, when the applicant is from a safe country of origin or a safe third country, the use of the border procedure should be optional for the Member States.
Amendment 116 #
2016/0224(COD)
Proposal for a regulation
Recital 40c
Recital 40c
(40c) When applying the border procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the apcomplicants at or close to the external border or transit zones, in accordance withce with the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] as regards accommodation for applicants. Member States may process the applications at a different location at the external border than that where the asylum application is made by transferring applicants to a specific location at or in the proximity of the external border ofin that Member States where appropriate facilities exist. Member States should retain discretion in deciding at which specific locations at the external borders such facilities should be set up. However, Member States should seek to limit the need for transferring applicants for this purpose, and therefore aim at setting up such facilities with sufficient capacity atThey should notify the Commission of the specific locations at which the border cprossing points, or sections of the external border, where the majority of the number of applications for international proteccedures will be carried out. In cases where the border procedure is applied and the capacity of the locations are made, also taking into account the length of the external border and the number of border crossing points or transit zones. They should notify the Commission of the specific locations at the external border, transit zones or proximity of the external border where the border procedures will be carried outs notified by a Member State is temporarily exceeded, Member States may process those applications at another location within its territory, for the shortest time possible. In cases where the border procedure is applied and the capacity of the locations at or in proximity of the external border as notified by a Member State is temporarily exceeded, Member States may process those applications at another location within its territory, for the shortest time possible.
Amendment 125 #
2016/0224(COD)
Proposal for a regulation
Recital 40d
Recital 40d
(40d) In case where the use of the border procedure is an obligation, Member States should by way of exception not be required to apply itMember States should not apply the border procedure for the examination of applications for international protection from nationals of a third country that does not cooperate sufficiently on readmission, since a swift return of the persons concerned, following rejection of their applications, would be unlikely in that case. The determination of whether a third country is cooperating sufficiently on readmission should be based on the procedures set out in Article 25a of Regulation (EC) No 810/2009.
Amendment 132 #
2016/0224(COD)
Proposal for a regulation
Recital 40e
Recital 40e
(40e) The duration of the border procedure for examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 12 weeks. This deadline should be understood as a stand-alone deadline for the asylum border procedure, encompassing both the decision on the examination of the application as well as the decision of the first level of appeal, if applicable. Within this period, and without prejudice to the independence of the judiciary, Member States are entitled to set the deadline in national law both for the administrative and for the appeal stage, but should set them in a way so as to ensure thatable the examination procedure isto be concluded and that subsequently, if relevant, thea decision on the first level of appeal isto be issued within this maximum 12 weeks. After that period, if the Member State nevertheless failed to take the relevant decisions, the applicant should in principle be authorised to enter the territory of the Member State. Entry into the territory should however not be authorised where the applicant has no right to remain, where he or she has not requested to be allowed to remain for the purpose of an appeal procedure, or where a court or tribunal has decided that he or she should not be allowed to remain pending the outcome of an appeal procedure. In such cases, to ensure continuity between the asylum procedure and the return procedure, the return procedure should also be carried out in the context of a border procedure for a period not exceeding 12 weeks. This period should be counted starting from the moment in which the applicant, third- country national or stateless person no longer has a right to remain or is no longer allowed to remainWhere a final decision is not taken within 12 weeks, the border procedure shall end and the applicant shall be allowed to enter the territory of the Member State.
Amendment 140 #
2016/0224(COD)
Proposal for a regulation
Recital 40f
Recital 40f
(40f) While the border procedure forAdministrative detention during the examination of an application for international protection can be applied without recourse to detention,should remain a measure of last resort. Any detention decision must be based on an individual assessment and determined to be necessary, reasonable and proportionate to a legitimate purpose. Member States should nevertheless be able to apply the grounds for detention during the border procedure in accordance with the provisions of the [Reception Conditions] Directive (EU) XXX/XXX in order to decide on the right of the applicant to enter the territory. If detention is used during such procedure, the provisions on detention of the [Reception Conditions] Directive (EU) XXX/XXX should apply, including the guarantees for detained applicants and the fact that an individual assessment of each case is necessary, judicial control and conditions of detention.
Amendment 144 #
2016/0224(COD)
Proposal for a regulation
Recital 40 g
Recital 40 g
(40g) When an application is rejected in the context of the border procedure, the applicant, third-country national or stateless person concerned should be immediately subject to a return decision or, where the conditions ofMember State in question may issue the applicant a return decision provided that it respects Article 145 of Regulation (EU) No 2016/399 of the European Parliament and of the Council10 are met, to a refusal of entry. To guarantee the equal treatment of all third-country nationals whose application has been rejected in the context of the border procedure, where a Member State has decided not to apply the provisions of Directive XXX/XXX/EU [Return Directive] by virtue of Article 2(2), point (a), of that Directive and does not issue a return decision to the third-country national concernedthe Directive on common standards and procedures in Member States for returning illegally staying third-country nationals (‘the Returns Directive’)2a and due consideration has been given in the individual case to the application of Article 8, paragraphs 2 to 5 of that Directive. The Member State may also, twhe treatment and level of protecre the conditions of the applicant, third- country national or stateless person concerned should be in accordance with Article 4(4) of Directive XXX/XXX/EU [Return Directive] and be equivalent to those applicable to persons subject to a return decision. _________________ 10Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 077 23.3.2016, p. 1Article 14 of Regulation (EU) No 2016/399 of the European Parliament and of the Council are met, issue a refusal of entry without prejudice to Article 6(5) of that Regulation. _________________ 2aDirective (EU) xxx/xxx of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals (recast).
Amendment 148 #
2016/0224(COD)
Proposal for a regulation
Recital 40 h
Recital 40 h
(40h) When applying the border procedure for carrying out return, certain provisions of the [recastthe Return Directive] should apply as these regulateto all elements of the return procedure that are not determined by this Regulation, notably those on definitions, more favourable provisions, non-refoulement, best interests of the child, family life and state of health, risk of absconding, obligation to cooperate, period for voluntary departure, return decision, removal, postponement of removal, return and removal of unaccompanied minors, entry bans, safeguards pending return, detention, conditions of detention, detention of minors and families and emergency situations. To reduce the risk of unauthorised entry and movement of illegally staying third-country nationals subject to the border procedure for carrying out return, a period for voluntary departure not exceeding 15 days may be granted to illegally staying third-country nationals, without prejudice for the possibility to voluntarily comply with the obligation to return at any moment.
Amendment 156 #
2016/0224(COD)
Proposal for a regulation
Recital 40i
Recital 40i
(40i) Where an applicant, third-country national or stateless person who was detained during the border procedure for the examination of theihis/her application for international protection no longer has a right to remain and has not been allowed to remain, Member States should be able to continue the detention for the purpose of preventing entry into the territory and carrying out the return procedure, respecting the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [Return Directive]. AWhere an applicant, third-country national or stateless person who was not detained during the border procedure for the examination of an application for international protection, and whoere that application was unsuccessful, and that applicant no longer has a right to remain and has not been allowed to remain, could also bthe dRetained if there is a risk of absconding, if he or she avoids or hampers return, or if he or she poses a risk to public policy, public security or national security. Detention should be for as short a period as possible and should not exceed the maximum duration of the border procedure for carrying out return. When the illegally staying third-country national does not return or is not removed within that period and the border procedure for carrying out return ceases to apply, the provisions of the [recast Return Directive] should apply. The maximum period of detention set by Article 15 of that Directive should include the period of detention applied duringurn Directive should apply. Member States may detain an applicant where other sufficient but less coercive measures cannot be applied effectively, for as short a period as possible and not exceeding the maximum duration of the border procedure for carrying ourt return.
Amendment 169 #
2016/0224(COD)
Proposal for a regulation
Recital 44a
Recital 44a
(44a) ‘An applicant who lodges a subsequent application at the last minute merely in order to delay or frustrate his or her removal should not be authorised to remain pending the finalisation of the decision declaring the application inadmissible in cases where it is immediately clear to the determining authoritya court or tribunal that no new elements have been presented and there is no risk of refoulement and provided that the application is made within one year of the decision by the determining authority on the first application. The determining authority shall issue a decision under national law confirming that these criteria are fulfilled in order for the applicant not to be authorised to remain. ’may request a court or tribunal to revoke an applicant’s right to remain in such cases.
Amendment 173 #
2016/0224(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) ‘For an applicant to be able to exercise his or her right to an effective remedy against a decision rejecting an application for international protection, and where a return decision has also been issued to the applicant, all effects of theat return decision should be automatically suspended for as long as the applicant has the right to remain or has been allowed to remain on the territory of a Member State. To improve the effectiveness of procedures at the external border, while ensuring the respect of the right to an effective remedy, appeals against decisions taken in the context of the border procedure should take place only before a single level of jurisdiction of a court or tribunal.
Amendment 178 #
2016/0224(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) Applicants should, in principle, have the right to remain on the territory of a Member State until the time-limit for lodging an appeal before a court or tribunal of first instance expires, and, where such a right is exercised within the set time-limit, pending the outcome of the appeal. It is only in the limited cases set out in this Regulation, where applications are likely to be unfounded, that the applicant should not have an automatic right to remain for the purpose of the appeal.
Amendment 182 #
2016/0224(COD)
Proposal for a regulation
Recital 66a
Recital 66a
(66a) ‘In cases where the applicant has no automatic right to remain for the purpose of the appeal, a court or tribunal should still be able to allow the applicant to remain on the territory of the Member State pending the outcome of the appeal, upon the applicant’s request or acting of its own motion. In such cases, applicants should have a right to remain until the time-limit for requesting a court or tribunal to be allowed to remain has expired and, where the applicant has presented such a request within the set time-limit, pending the decision of the competent court or tribunal. In order to discourage abusive or last minute subsequent applications, Member States should be able to provide in national law that applicants should have no right to remain during that period in the case of rejected subsequent applications, with a view to preventing further unfounded subsequent applications. In the context of the procedure for determining whether or not the applicant should be allowed to remain pendinga court or tribunal is requested to revoke the applicant’s right to remain for the purpose of the appeal, the applicant’s rights of defence should be adequately guaranteed by providing him or her with the necessary interpretation and legal assistance. Furthermore, the competent court or tribunal should be able to examine the decision refusing to grant international protection in terms of facts and points of law.
Amendment 185 #
2016/0224(COD)
Proposal for a regulation
Recital 66b
Recital 66b
(66b) In order to ensure effective returns, applicants should not have athe efficacy of the asylum and return procedures, a court or tribunal should be able to revoke an applicant’s right to remain on the Member State’s territory at the stage of a second or further level of appeal before a court or tribunal against a negative decision on the application for international protection, without prejudice to the possibility for a court or tribunal to allow the applicant to remain. Furthermore, Member States should not grant applicants the possibility to lodge a further appeal against a first appeal decision in respect of a decision taken in a border procedure.
Amendment 191 #
2016/0224(COD)
(66c) To ensure the consistency of the legal review carried out by a court or tribunal on a decision rejecting an application for international protection and the accompanyingany related return decision, and with a view to accelerating the examination of the case and reducing the burden on the competent judicial authorities, it should be possible that such decisions should bare subject to common proceedings before the same court or tribunal.
Amendment 193 #
2016/0224(COD)
Proposal for a regulation
Recital 66d a (new)
Recital 66d a (new)
(66d a)In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights, upon irregular arrival at the EU’s external borders, during border surveillance, screening, the asylum procedure or the return procedure, each Member State should establish a monitoring mechanism and put in place adequate safeguards for the independence of that mechanism, in particular by involving national human rights institutions, national ombudspersons, international organisations or relevant non- governmental organisations in the management and operation of the mechanism. The monitoring mechanism should cover in particular the respect for fundamental rights in relation to border surveillance, the screening, asylum and return procedures, as well as the respect for the applicable rules regarding 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 (FRA) should establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. Member States should furthermore be allowed to request the support of the FRA for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the FRA with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. The independent monitoring mechanism should be in addition and 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 monitoring mechanism for the purpose of monitoring the operational and technical application of the Common European Asylum System (CEAS) as set out in Article 14 of Regulation (EU) xxxx/xxxx [EU Asylum Agency Regulation] and without prejudice to monitoring of fundamental rights carried out by existing national or international monitoring bodies. The Member States should investigate allegations of the breach of fundamental rights during border surveillance, the screening, asylum and return procedures, including by ensuring that complaints are dealt with promptly, expeditiously and capable of leading to the identification and sanction of those responsible in an appropriate manner.
Amendment 201 #
2016/0224(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 205 #
2016/0224(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
Amendment 212 #
2016/0224(COD)
Proposal for a regulation
Article 35 a
Article 35 a
Where an application is rejected as inadmissible, unfounded or manifestly unfounded with regard to both refugee status and subsidiary protection status, or as implicitly or explicitly withdrawn, Member States shallmay issue a return decision that respects Directive XXX/XXX/EU [Return Directive]. The return decision shall be issued as part of the decision rejecting the application for international protection or, inAs it is a separate decision, the return decision shall be issued as a separate act. Where tThe return decision is issued as a separate act, it shallmay be issued at the same time and together with the decision rejecting the application for international protection.’
Amendment 217 #
2016/0224(COD)
Proposal for a regulation
Article 40 – point a – paragraph 1 – point i
Article 40 – point a – paragraph 1 – point i
(i) ‘ 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 by the relevant national determining authority granting international protection is, according to the latest available yearly Union-wide average Eurostat data, 20% or lower,Eurostat data, 10% or lower, unless the applicant is an unaccompanied minor, a minor, an accompanying family member of a minor, or a vulnerable applicant, including those with special procedural or reception needs, or unless a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or the applicant belongs to a category of persons for whom the proportion of 210% or lower cannot be considered as representative for their protection needs;’
Amendment 221 #
2016/0224(COD)
Proposal for a regulation
Article 40 – point b – paragraph 5 – point c
Article 40 – point b – paragraph 5 – point c
Amendment 229 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. Following the screening procedure carried out in accordance with Regulation (EU) No XXX/XXX [Screening Regulation], and provided that the applicant has not yet been authorised to enter Member States’ territory, a Member A Member State may examine an application in a border procedure where that application has been made by a third- country national or stateless person who does not fulfil the conditions for entry in the territory of a Member State as set out in Article 6 of Regulation (EU) 2016/399. The border procedure may take place:
Amendment 240 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
(b) following apprehension in direct connection with an unauthorised crossing of the external borderirregular border crossing;
Amendment 253 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 2 – point a
Article 41 – paragraph 2 – point a
Amendment 260 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
Amendment 272 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 4 – first paragraph
Article 41 – paragraph 4 – first paragraph
4. A Member State may decideshall not to apply paragraph 3a border procedure to nationals or stateless persons who are habitual residents of third countries for which that Member State has submitted a notification to the Commission in accordance with Article 25a(3) of Regulation (EC) No 810/2009.
Amendment 276 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 4 – second subparagraph
Article 41 – paragraph 4 – second subparagraph
Where, following the examination carried out in accordance with Article 25a(4) of Regulation (EC) No 810/2009, the Commission considers that the third country is cooperating sufficiently, the Member State shallmay again apply the provisions of paragraph 3.
Amendment 278 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 4 – third subparagraph
Article 41 – paragraph 4 – third subparagraph
Amendment 290 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
5. The border procedure may onlyshall not be applied to unaccompanied minors and to minors below the age of 12 and their family members in the cases referred to in Article 40(5) (b)with their family members.
Amendment 325 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 9 – point b
Article 41 – paragraph 9 – point b
(b) the necessary support cannot be provided to applicants with special procedural needs in the locations referred to in paragraph 14;re are vulnerable applicants with specific reception needs or in need of special procedural guarantees
Amendment 334 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 9 – subparagraph 2
Article 41 – paragraph 9 – subparagraph 2
In such cases, the competent authority shall authorise the applicant to enter the territory of the Member State, if he or she has not already been authorised to do so.
Amendment 336 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 10
Article 41 – paragraph 10
Amendment 343 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 11 – subparagraph 1
Article 41 – paragraph 11 – subparagraph 1
11. The border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. It shall encompass the decision referred to in paragraph 2 and 3 and anymay include a decision on an appeal if applicable and shall be completed within 12 weeks from when the application is registered. FIf, following that period, the first instance decision and the decision on appeal, if applicable, have not been taken, the applicant shall be authorised to enter the Member State’s territory except when Article 41a(1) is applicableif he or she has not already been to do so.
Amendment 348 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 11 – subparagraph 2
Article 41 – paragraph 11 – subparagraph 2
Amendment 362 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 1– point b
Article 41 – paragraph 12 – subparagraph 1– point b
(b) a court or tribunal has revoked the applicant has no’s right to remain in accordance with Article 54 and has not requested to be allowed to remain for the purposes of an appeal procedure within the applicable time-limit;
Amendment 364 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 1 – point c
Article 41 – paragraph 12 – subparagraph 1 – point c
Amendment 376 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 13
Article 41 – paragraph 13
13. During the examination of applications subject to a border procedure, the applicants shall be keptmay be accommodated at or in proximity to the external border or transit zones provided that the conditions of reception comply with Directive (EU) XXX/XXX. Each Member State shall notify to the Commission, [two months after the date of the application of this Regulation] at the latest, the locations where the border procedure will be carried out, at the external borders, in the proximity to the external border or transit zones, including when applying paragraph 3 and ensure that the capacity of those locations is sufficient to process the applications covered by that paragraph. Any changes in the identification of the locations at which the border procedure is applied, shall be notified to the Commission two months in advance of the changes taking effect.
Amendment 389 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 14
Article 41 – paragraph 14
14. In situations where the capacity of the locations notified by Member States pursuant to paragraph 143 is temporarily insufficient to process the applicants covered by paragraph 3border procedures, Member States may designate other locations within the territory of the Member State and upon notification to the Commission accommodate applicants there, on a temporary basis and for the shortest time necessary.
Amendment 404 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 2
Article 41 a – paragraph 2
2. Persons referred to in paragraph 1 shall be keptaccommodated for a period not exceeding 12 weeks in locations at or in proximity to the external border or transit zones; where a Member State cannot accommodate them in those locations, it can resort to the use of other locations within its territory. The 12- week period shall start from when the applicant, third-country national or stateless person no longer has a right to remain and no longer has a right to remain or has had his or her right to remain revoked by a court or tribunal. Unaccompanied minors, minors with their families, and other vulnerable groups including persons with specific reception needs or isn not allowed to remaieed of special procedural guarantees shall be exempted from the border procedure for carrying out return.
Amendment 410 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 3
Article 41 a – paragraph 3
3. For the purposes of this Article, Article 3, Article 4(1), Articles 5 to 7, Article 8(1) to (5), Article 9(2) to (4), Articles 10 to 13, Article 15, Article 17(1), Article 18(2) to (4) and Articles 19 to 21 of Directive XXX/XXX/EU [recast Return Directive] shall applyWhen applying the border procedure for carrying out return, the Return Directive applies to all elements of the return procedure that are not regulated in this Article.
Amendment 418 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 4
Article 41 a – paragraph 4
4. Without prejudice to the possibility to return voluntarily at any moment, persons referred to in paragraph 1 may be granted a period for voluntary departure not exceeding 15of 30 days.
Amendment 423 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 5
Article 41 a – paragraph 5
5. PA persons referred to in paragraph 1 who haves been detained during the procedure referred to in Article 41 and who no longer haves a right to remain and are not allowed to remainor who has had her/ his right to remain revoked by a court or tribunal may continue to be detained for the purpose of preventing entry into the territory of the Member State, preparing the return or carrying out the removal process.
Amendment 426 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 6
Article 41 a – paragraph 6
6. PA persons referred to in paragraph 1 who no longer haves a right to remain and are not allowed to remainor who has had her/his right to remain revoked by a court or tribunal, and who wereas not detained during the procedure referred to in Article 41, may be detained if there is a risk of absconding within the meaning of Directive XXX/XXX/EU [Return Directive], if they/she avoids or hampers the preparation of return or the removal process or they pose a risk to public policy, public security or national security. Detention should remain a measure of last resort and may be used if no other sufficient but less coercive measures can be applied effectively. Any detention decision shall be taken on the basis of an individual assessment, and shall be determined to be necessary, reasonable and proportionate to a legitimate purpose.
Amendment 433 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 7
Article 41 a – paragraph 7
7. Detention shall be maintained for as short a period as possible, and only as long as removal arrangements are in progresa reasonable prospect of removal exists and executed with due diligence. The period of detention shall not exceed the period referred to in paragraph 2 and shall be included in the maximum periods of detention set in Article 15 (5) and (6) of Directive XXX/XXX/EU [Return Directive].
Amendment 435 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 8
Article 41 a – paragraph 8
Amendment 442 #
2016/0224(COD)
Proposal for a regulation
Article 43 – subparagraph 2 – point c
Article 43 – subparagraph 2 – point c
(c) a first subsequent application has been lodged within one year of the decision of the determining authority on the first application merand a court or tribunal has determined that it has been lodged solely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State, pending the finalisation of the decision declaring that application inadmissible in cases where it is immediately clear to the determining authority that no new elements have been presented in accordance with Article 42(4)’
Amendment 447 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 – point a a (new)
Article 53 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) a decision to channel the applicant into an accelerated procedure in accordance with Article 40;
Amendment 448 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 – point a b (new)
Article 53 – paragraph 1 – subparagraph 1 – point a b (new)
(ab) a decision to channel the applicant into a border procedure in accordance with Article 41;
Amendment 449 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 – point a c (new)
Article 53 – paragraph 1 – subparagraph 1 – point a c (new)
(ac) a decision to apply detention during a border procedure;
Amendment 450 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 – point b
Article 53 – paragraph 1 – subparagraph 1 – point b
(b) a decision rejecting an application as unfounded or manifestly unfounded in relation to both refugee and subsidiary protection status;
Amendment 460 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 2
Article 53 – paragraph 1 – subparagraph 2
Return decisions shallmay be appealed before the same court or tribunal and within the same judicial proceedings and the same time-limits as decisions referred to in points (a), (b), (c) and (d).
Amendment 462 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Persons recognised as eligible for subsidiary protection shall have the right to an effective remedy against a decision considering their application unfounded in relation to refugee status. Where subsidiary protection status granted by a Member State offers the same rights and benefits as refugee status under Union and national law, the appeal against that decision in that Member State may be considered as inadmissible where provided for in national law.
Amendment 467 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. An effective remedy within the meaning of paragraph 1 shall provide for a full and ex nunc examination of both facts and points of law, at least an oral hearing before a court or tribunal of first instance, including, where applicable, an examination of the international protection needs pursuant to Regulation (EU) No XXX/XXX [Qualification Regulation].
Amendment 475 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 6
Article 53 – paragraph 6
Amendment 478 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 7 – introductory part
Article 53 – paragraph 7 – introductory part
7. Member States shall lay down the following time-limits in their national lawin their national law time-limits of at least 15 working days from receipt of the notification of a decision rejecting an application, for applicants to lodge appeals against the decisions referred to in paragraph 1:.
Amendment 479 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 7 – point a
Article 53 – paragraph 7 – point a
Amendment 484 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 7 – point b
Article 53 – paragraph 7 – point b
Amendment 490 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 7 – point b a (new)
Article 53 – paragraph 7 – point b a (new)
(ba) Member States may extend the time limits laid down in this paragraph if the specific circumstances of the application make it necessary.
Amendment 493 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 9
Article 53 – paragraph 9
Amendment 499 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. The effects of a return decision shall be automatically suspended for as long as an applicant has a right to remain or is allowed to remain in accordanceuntil the time-limit within which to exercise their right to an effective remedy before a court or tribunal of first instance has expired and, where such a right has been exercised within this Articlee time-limit, pending the outcome of the remedy.
Amendment 503 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
Amendment 509 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 3 – introductory part
Article 54 – paragraph 3 – introductory part
3. The applicant shall not have the right to remain pursuant to paragraph 2 where the competentA court or tribunal shall have the power to revoke the applicant’s right to remain pursuant to paragraph 1, in relation to a second level of appeal, upon request by the determining authority, where that determining authority has taken one of the following decisions:
Amendment 510 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 3 – point a
Article 54 – paragraph 3 – point a
(a) a decision which rejects an application as unfounded or manifestly unfounded if at the time of the decision any of the circumstances listed in Article 40(1) and (5) apply [including safe country of origin] or in the cases subject to the border procedure;
Amendment 514 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 3 – point d
Article 54 – paragraph 3 – point d
Amendment 516 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 3 – point e
Article 54 – paragraph 3 – point e
Amendment 519 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 4
Article 54 – paragraph 4
Amendment 525 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 5 – introductory part
Article 54 – paragraph 5 – introductory part
5. For the purpose of paragraph 42, the following conditions shall apply:
Amendment 527 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 5 – point a
Article 54 – paragraph 5 – point a
(a) the applicant shall have a time- limit of at least 5 days from the date when the decision is notified to him or her to request to be allowed to remain on the territory pending the outcome of the remedyrequest to revoke the right to remain shall be made by the determining authority within 5 days from the date when the applicant has lodged her/his appeal;
Amendment 529 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 5 – point d – point i
Article 54 – paragraph 5 – point d – point i
(i) until the time-limit for requesting a court or tribunal toa court or tribunal has ruled on whether or not he/she shall be allowed to remain has expired;on the territory.
Amendment 530 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 5 – point d – point ii
Article 54 – paragraph 5 – point d – point ii
Amendment 534 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 6
Article 54 – paragraph 6
6. In cases of subsequent applications, by way of derogation from paragraph 6, point (d)and only where the application is made within one year of the decision by the determining authority ofn this Articlee first application, Member States may provide in national law that the applicant shall not have a right to remain, without prejudice to the respect of the principle of non-refoulement, if the appeal has been made merely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State, that a court or tribunal, acting on a request from the determining authority, may revoke the applicant’s right to remain in cases where it is immediately clear to the court that no new elements have been presented in accordance with Article 42(4).
Amendment 538 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 7
Article 54 – paragraph 7
7. An applicant who lodges a further appeal against a first or subsequent appeal decision shall notmay have athe right to remain on the territory of the Member State, without prejudice to the possibility for a court or tribunal to allow the applicant to remain upon the applicant’s request or acting ex officio.’ revoked by a court or tribunal, acting on a request from the determining authority.
Amendment 539 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 7
Article 54 – paragraph 7
7. An applicant who lodges a further appeal against a first or subsequent appeal decision shall notmay have athe right to remain on the territory of the Member State, without prejudice to the possibility for a court or tribunal to allow the applicant to remain upon the applicant’s request or acting ex officio.’ revoked by a court or tribunal, acting on a request from the determining authority.
Amendment 540 #
2016/0224(COD)
Proposal for a regulation
Article 54 a (new)
Article 54 a (new)