1597 Amendments of Jorge BUXADÉ VILLALBA
Amendment 4 #
2023/2181(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes, additionally, the involvement of the SESAR to respond to the illegal and unjustified Russian aggression against Ukraine since some traffic flows were affected, requiring the reworking of ATC operations of the JU;
Amendment 15 #
2023/2178(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. UnderlineRegrets that the Court considered that the F4E’s senior management situation has remained unstable and in a significant state of transition at the end of 2022 with the departure of the director in June 2022, and the appointment of the head of the Broader Approach Department as ITER-IO Director-General in September 2022, resulting in personnel changes for four of the JU’s seven senior management positions;
Amendment 1 #
2023/2164(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Union Agency for Asylum discharge in respect of the implementation of the Agency’s budget for the financial year 2022 / Postpones its decision on granting the Executive Director of the European Union Agency for Asylum discharge in respect of the implementation of the Agency’s budget for the financial year 2022;
Amendment 1 #
2023/2152(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Institute’s budget for the financial year 2022 / Postpones its decision on granting the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Institute’s budget for the financial year 2022;
Amendment 2 #
2023/2129(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2022 / Postpones its decision on granting the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2022;
Amendment 54 #
2023/2113(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the ruling party in Spain presented in Congress an amnesty law to eliminate all crimes committed by Catalan nationalist parties in the framework of the so-called 'Catalan process'; notes that this law was negotiated and presented in exchange for support on the investiture of the current Prime minister; further notes that this law as presented will eliminate serious crimes, including embezzlement of public funds, sedition, and even terrorism charges currently under investigation;
Amendment 56 #
2023/2113(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that an identical law was deemed unconstitutional by the general committee of the Spanish Congress in the last legislative term; notes that this decision counted on the support of the current ruling party;
Amendment 57 #
2023/2113(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Notes with great concern that the Spanish General Council of the Judiciary approved an institutional declaration stating that an amnesty law agreed with the individuals personally benefiting from it in exchange for giving support for the investiture constitutes an outright attack on the separation of powers putting at risk the Rule of Law in Spain; notes that all judicial associations of all ideologies, all prosecutors associations, as well as other associations of civil servants have expressed grave concerns in the same line as the Spanish General Council of the Judiciary; similar concerns have been expressed by members of the Commission;
Amendment 58 #
2023/2113(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Calls on the Member States to take the necessary measures to fully comply with the values on which the Union is founded as enshrined in Article 2 of the Treaty on European Union; in this regard, calls on the Member States to respect the separation of powers and the equality before the law, as these are key principles for the proper functioning of the mechanisms of check and balances every healthy democracy shall have; calls on the Commission to impartially analyse that this principles are complied with in all Member States;
Amendment 77 #
2023/2113(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates that corruption is a serious threat to the rule of law and severely undermines trust in democracy and equality before the law; calls on the Member States to do much more to eradicate corruption; in this regard, calls on the Member States not to issue pardons for corruption crimes as such measures of clemency not only undermine the principle of equality before the law, but produce a sense of mistrust of citizens towards public institutions;
Amendment 117 #
2023/2113(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Highlights that without media pluralism and media freedom, democratic life and the rule of law cannot survive; notes with great concern that during the mass demonstrations in Spain against the amnesty law proposed by the caretaker Government, journalists were harassed and even detained by police forces;
Amendment 121 #
2023/2113(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the importance of transparency of media ownership; notes that the Commission finds that since the 2022 Rule of Law report new legislation increasing the transparency of media ownership or improving public availability of media ownership information has been adopted in Greece, Luxembourg, Sweden and that such legislation has been strengthened in Cyprus, while in Bulgaria, Czechia and France change remains pending; notes as well that the Commission finds that media regulators are protected by insufficient safeguards against undue political influence and that the authorities lack resources, particularly in Hungary, Slovenia, Poland, Greece and Romania; calls for transparent and stricter rules on media funding with public funds; notes with great concern the influence of national or regional governments in the press through public ads or public funding campaigns;
Amendment 4 #
2023/2068(INI)
Motion for a resolution
Citation 7
Citation 7
Amendment 5 #
2023/2068(INI)
Motion for a resolution
Citation 9
Citation 9
Amendment 6 #
2023/2068(INI)
Motion for a resolution
Citation 10
Citation 10
Amendment 7 #
2023/2068(INI)
Motion for a resolution
Citation 11
Citation 11
Amendment 8 #
2023/2068(INI)
Motion for a resolution
Citation 12
Citation 12
Amendment 9 #
2023/2068(INI)
Amendment 10 #
2023/2068(INI)
Motion for a resolution
Citation 14
Citation 14
Amendment 12 #
2023/2068(INI)
Motion for a resolution
Citation 15
Citation 15
Amendment 14 #
2023/2068(INI)
Motion for a resolution
Citation 16
Citation 16
Amendment 15 #
2023/2068(INI)
Motion for a resolution
Citation 17
Citation 17
Amendment 21 #
2023/2068(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas, according to Article 51 of the Charter, its provisions are addressed to the institutions, bodies, offices and agencies of the Union, due regard being had for the principle of subsidiarity, and to the Member States when they are implementing Union law, and whereas the Charter itself goes on to state that it does not extend the field of application of Union law beyond their competences, or establish any new power or task for the Union, or modify powers or tasks defined in the Treaties; and whereas Articles 4 and 5 of the Treaty reiterate - given their systemic relevance - the principle that any competence not conferred on the Union in the Treaties lies with the Member States;
Amendment 23 #
2023/2068(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas Article 10 of the Charter recognises the right of everyone to freedom of thought, conscience and religion, and Article 11 recognises the right to freedom of expression, including freedom of opinion, without interference by public authority and regardless of frontiers;
Amendment 28 #
2023/2068(INI)
Motion for a resolution
Recital B
Recital B
B. whereas all forms and manifestations of hatred and intolerance, including hate speech and hate crime, are incompatible with the Union values of human dignity, freedom, democracy, equality, rule of law and respect for human rights, as enshrined in Article 2 of the TEU;
Amendment 39 #
2023/2068(INI)
Motion for a resolution
Recital C
Recital C
C. whereas hate speech and hate crime are particularly serious crimes and affect not only the individual victims and their communities, causing them suffering and limiting their fundamental rights and freedoms, but also society as a whole, undermining the foundations of the EUcriminal law is the last resort in accordance with the European legal tradition and the most elementary principle of respect for human dignity and freedom;
Amendment 49 #
2023/2068(INI)
Motion for a resolution
Recital D
Recital D
Amendment 53 #
2023/2068(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the terms intolerance and hatred are legally indeterminate, yet politically and subjectively charged;
Amendment 58 #
2023/2068(INI)
Motion for a resolution
Recital E
Recital E
E. whereas in the last few decades there has been a sharp rise in discrimination, hate crime and hate speech across the EU4, an increase in various forms of racism, xenophobia and other forms of intolerance and an alarming spike in online and offline hate speech and incitement; whereas this is being exacerbated in many Member States by extremist and populist movements and the multiplier effect of the online environment and social media, which favours revictimisation; _________________ 4 See, for instance, the Annual Report on ECRI’s activities covering the period from 1 January to 31 December 2019 and the Annual Report on ECRI’s activities covering the period from 1 January to 31 December 2020, and the study commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs entitled ‘Hate speech and hate crime in the EU and the evaluation of online content regulation approaches’, July 2020.violence in European cities, most recently demonstrated by the violent riots in France last July, and whereas attempts are made to seek to justify such conduct politically and in the media with inappropriate claims of minority rights on many occasions;
Amendment 66 #
2023/2068(INI)
Motion for a resolution
Recital F
Recital F
F. whereas minors are particularly vulnerable victims of hate speech and hate crime and whereas such attacks endanger their physical and mental integrity and affect their development and mental health;
Amendment 74 #
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 define a common European strategy to combat itin accordance with their sovereign competences and the social reality of each Member State;
Amendment 81 #
2023/2068(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the current EU framework onlalready covers hate speech and hate crimes on the grounds of race, skin colour, religion and national or ethnic origin; whereas tand where ias a clear need to effectively address hate speech and hate crimes based on other grounds, such as sex, sexual orientation, age and disabilityll Member States' Constitutions and legislation firmly proclaim the equality of all citizens before the law;
Amendment 86 #
2023/2068(INI)
Motion for a resolution
Recital I
Recital I
Amendment 90 #
2023/2068(INI)
Motion for a resolution
Recital J
Recital J
Amendment 96 #
2023/2068(INI)
Motion for a resolution
Recital K
Recital K
Amendment 100 #
2023/2068(INI)
Motion for a resolution
Recital L
Recital L
Amendment 111 #
2023/2068(INI)
Motion for a resolution
Recital N
Recital N
N. whereas this Council decision would be a first step in creating the necessary legal basis to adopt, as a second step, a common legal framework to combat hate speech and hate crimein any case be an act that would exceed the competences of the Council in that neither the social criteria nor the criteria for a cross the EU; whereas such a common legal framework is urgentlyiminal response (particular seriousness of a crime, cross- border dimension, a special needed to combat hate speech and hate crime on a common European basis in order to ensure consistent protection of the potential victims of such acts across the Unionoffences on a common basis) required by Article 83(1) TFEU are met; whereas those criteria, since they constitute an exceptional and extraordinary derogation from the rule of law of the Member States, must be interpreted and applied restrictively;
Amendment 112 #
2023/2068(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the Council has yet to adopt a decision; whereas some Member States have been blocking concrete progress on this specific file in the Council;
Amendment 115 #
2023/2068(INI)
Motion for a resolution
Recital P
Recital P
P. whereas Article 83(1) TFEU requires unanimity in the Council to identify ‘other areas of crime’; whereas this requirement proved detrimental to achieving necessary common progress in an area where the common European interest should prevail;
Amendment 128 #
2023/2068(INI)
1. Urges the Council to close the file to adopt a decision to include hate speech and hate crime as a criminal offence within the list under Article 83(1) TFEU, soif that the Commission can initiate the second stage of the procedureere is no unanimity among Member States;
Amendment 131 #
2023/2068(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Rrecalls that Member States’' criminal laws deal with hate speech and hate crime in different ways, that minimum rules exist only when such crimeare their exclusive and sovereign competence and that the Union's competence is are based on race, skin colour, religion or national or ethnic origin, which makes it difficult to implement a successful common strategy to combat hatredstricted to the areas, cases and conditions set out in Articles 82 to 86 of the Treaty;
Amendment 136 #
2023/2068(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 140 #
2023/2068(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to work together responsibly and constructively to resume negotiations within the Council in order to adopt a Council decision before the end of the current parliamentary termand cooperate actively to provide a criminal-law response to any form of criminal offence penalised in their national criminal laws, to regard equality before the law as constituting a legal right to be protected and to tackle discriminatory acts, in accordance with the universally accepted principle of ultima ratio;
Amendment 144 #
2023/2068(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 147 #
2023/2068(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 152 #
2023/2068(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the current and future Presidencies of the Council of the Union to consider the Commissguarantee the integrity and correct application of the Treaties, limiting the exercise of competences by the Union's institution’s proposal as a priority when drawing up their agenda and defining objecto those expressly attributed in the Treaties, without extensive and abusive interpretations that go against the European interest, respecting the rule of law and in compliance with the Treatives;
Amendment 156 #
2023/2068(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Deplores the factNotes that Article 83 TFEU requires unanimity in the Council, and calls for the passerelle clause to be activwelcomes this as a guarantee of an effective consensus among Member Stateds;
Amendment 160 #
2023/2068(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 170 #
2023/2068(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that freedom of expression should not be exploited as a shield for hate speech and hate crimes, but neither should it be unjustifiably restricted;
Amendment 179 #
2023/2068(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Asks the Commission to consider an open-ended approach whereby the list of grounds of discrimination will not be limited in order to effectively combat hate speech and hate crimes motivated by new and changing social dynamicsrespect the Treaties in this and all matters, adhering to the rule of law;
Amendment 181 #
2023/2068(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 192 #
2023/2068(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to give particular consideration to minors so as to give them special protection from hate speech and hate crimes, to prevent these incidents from occurring and to minimise their impact on minors’ development and mental health, without having to resort to criminal law, which should be a last resort;
Amendment 203 #
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 on anonymous 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 37 #
2023/0371(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) The Commission’s systematic monitoring of the specific requirements, which are based on Article 1 and were used to assess the appropriateness of granting visa liberalisation, should pay particular attention to the security dimension to ensure that countries in Annex II are upholding the initial requirements for law and immigration enforcement, passport security, counterterrorism and border control capabilities.
Amendment 54 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point b a (new)
Article 8a – paragraph 1 – point b a (new)
(b a) a substantial increase in the number of asylum applications from the nationals of a third country listed in Annex II;
Amendment 76 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 2
Article 8a – paragraph 2
2. For the purposes of paragraph 1, points (a), (b) and (d)(i), of this Article a substantial increase shall mean an increase exceeding a threshold of 150%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a lower or higher increase is applicable in the particular case.
Amendment 84 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 3
Article 8a – paragraph 3
3. For the purposes of paragraph 1, point (b), of this Article a low recognition rate shall mean a recognition rate of asylum applications of less than 435%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a higher recognition rate is applicable in the particular case.
Amendment 89 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 5 – point a
Article 8a – paragraph 5 – point a
(a) refusing or failing to process readmission applications in due timewithin four weeks of the return decision;
Amendment 157 #
2023/0135(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) In order to uphold the principle of equality before the law and to avoid impunity for corruption offences in both the public and private sectors, the legal systems of Member States should prohibit general pardons or the adoption of amnesty laws that prevent the enforcement of the penalties laid down in national criminal codes and in accordance with this Directive, as well as of any civil liability arising from the commission of the offences concerned;
Amendment 160 #
2023/0135(COD)
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) In order to ensure the protection of the rule of law in all its complexity and richness, and to avoid impunity for actions seriously harmful to the rule of law and peaceful coexistence, the Directive should take an all- encompassing view of the concept of corruption and bribery of a political authority or public official in order to include behaviour whereby not only money or economic favours are obtained in exchange for illegal or illegitimate decisions, but also political favours, favours to third states or to certain parties, groups or collectives within the State, if such favours are particularly serious;
Amendment 192 #
2023/0135(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Independent civil society organisations are crucial for the well- functioning of our democracies, ands they have the potential to play a key role in upholding the common values on which the EU is founded. TheyIn order to guarantee this independence, Member States should take the appropriate steps to avoid hidden foreign interference by promoting, inter alia, transparency on their funding. With these conditions, civil society organisations have the potential to act as essential watchdogs, drawing attention to threats to the rule of law, contributing to making those in powers accountable, and ensuring respect for fundamental rights. Both Member States and the institutions of the European Union should promote the participation of civil society in anti- corruption activities.
Amendment 194 #
2023/0135(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Media pluralism and media freedom are key enablers for the rule of law, democratic accountability, equality and the fight against corruption. Independent and pluralistic media, in particular investigative journalism, play an important role in the scrutiny of public affairs, detecting possible corruption and integrity breaches, raising awareness and promoting integrity. Member States should be transparent as regards funding the media through institutional advertising, preventing any administration from favouring the media of their choice. In addition, Member States have an obligation to guarantee an enabling environment for journalists, protect their safety and pro-actively promote media freedom and media pluralism. The Commission’s Recommendation on the protection, safety and empowerment of journalists49, as well as the proposal for a Directive50 and a Commission Recommendation51 on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (‘Strategic lawsuits against public participation’) include important safeguards and standards to ensure that journalists, human rights defenders and others can carry out their role unhindered. _________________ 49 Commission Recommendation of 16 September 2021 on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union, C(2021)6650 final. 50 Proposal for a Directive of the European Parliament and of the Council on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation”), COM/2022/177 final. 51 Commission Recommendation on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation"), C(2022) 2428 final.
Amendment 198 #
2023/0135(COD)
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) In order to ensure the prevention and prosecution of corruption offences, both in the public and private sectors, Member States should have in place specialised bodies or organisation units that can centralise action in this area. The existence of many decentralised bodies or organisation units may, primarily in small administrations, result in a lack of monitoring, audit and accountability. In addition, given that corruption schemes may affect several administrations, joint measures are needed at national level.
Amendment 289 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that one or several bodies,a body or organisation units specialised in the prevention of corruption is or are in place at national level. This specialised body or organisation unit shall have offices or delegations in the other State administrations, which shall be required to report their actions to the central specialised body or organisation unit.
Amendment 292 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures to ensure that one or severa national bodies,y or organisational units specialised in the repression of corruption is or are in place. This specialised body or organisational unit shall have offices or delegations in the other State administrations, which shall be required to report their actions to the central specialised body or organisation unit.
Amendment 310 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 3 – point d a (new)
Article 4 – paragraph 3 – point d a (new)
(da) operate in line with the objective of increasing their efficiency.
Amendment 401 #
2023/0135(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) the offender obtained a substantial benefit or the offence caused substantial damagbenefit and/or unjustified advantage, or the offence caused quantifiable damage, where this is not the act constituting the offence;
Amendment 416 #
2023/0135(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a Equality before the law Member States shall take the necessary measures to uphold the principle of equality before the law, and ensure compliance therewith, in relation to the offences referred to in this Directive, by means of: 1) the prohibition of granting general pardons; 2) the restrictive and duly justified interpretation of the possibility of granting individual pardons; 3) the prohibition of the adoption of amnesty laws.
Amendment 454 #
2023/0135(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
Without prejudice to the rules on cross- border cooperation and mutual legal assistance in criminal matters, Member States’ authorities, Europol, Eurojust, the European Public Prosecutor's Office, the European Anti-Fraud Office (OLAF) and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in this Directive. To that end, where appropriate, Europol, Eurojust, the European Public Prosecutor's Office, the European Anti- Fraud Office (OLAF), and the Commission shall provide technical and operational assistance in accordance with their respective mandates to facilitate the coordination of investigations and prosecutions by the competent authorities in the fight against the criminal offences referred to in this Directive.
Amendment 1 #
2022/2143(INI)
Motion for a resolution
Citation 1
Citation 1
Amendment 3 #
2022/2143(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to the constitutions of the Member States,
Amendment 4 #
2022/2143(INI)
Motion for a resolution
Citation 2
Citation 2
Amendment 5 #
2022/2143(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
— having regard to the fact that the principle of primacy of EU law is not regulated in the Treaties of the Union,
Amendment 6 #
2022/2143(INI)
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
— having regard to the judgment of the Court of Justice of the European Communities in the Costa v E.N.E.L. case of 15 July 1964,
Amendment 7 #
2022/2143(INI)
Motion for a resolution
Citation 2 c (new)
Citation 2 c (new)
— having regard to the judgments of the constitutional courts of a number of Member States questioning the application of this principle over national constitutions,
Amendment 8 #
2022/2143(INI)
Motion for a resolution
Citation 3
Citation 3
Amendment 14 #
2022/2143(INI)
Motion for a resolution
Citation 6
Citation 6
Amendment 15 #
2022/2143(INI)
Motion for a resolution
Citation 7
Citation 7
Amendment 23 #
2022/2143(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, as a legal community and within the limits of its competencies, the EU is dependent on the effective and uniform application of its law; whereas such effectiveness and uniformity can only be ensured if EU law takes precedence over national law; whereas the principle of primacy therefore constitutes a cornerstone of the EU’s legal order, which is essential for the EU’s functioning;
Amendment 32 #
2022/2143(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the principle of primacy of EU law is not entrenched in the Treaties and has therefore not been accepted explicitly by the Member States;
Amendment 39 #
2022/2143(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in the principle of primacy is not enshrined in the Treaties, but has developed over decades through the case- law of the Court of Justice of the European Union (CJEU); whereas, ever since its landmark Costa v E.N.E.L. judgment of 15 July 1964 in Case C- 6/646, the CJEU has reaffirmed that EU law takes precedence over thee primacy of EU law ofn the Member States, regardless of the rank of the national legislation or the time ofgrounds that EU law must be applied in a uniform manner and its adoption; whereas the principle of primacy therefore applies to any provision of domestic law, including provisions of a constitutional nature, in accordancdirectly effective in all of the Member States, but left national constitutions outside with the well-established case-law of the CJEUs scope of application; _________________ 6 Judgment of the Court of Justice of 15 July 1964, Costa v E.N.E.L., C-6/64, ECLI:EU:C:1964:66.
Amendment 45 #
2022/2143(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas, despite the attempts of the Court of Justice of the European Union to develop this principle, the primacy of EU law over national constitutional law is an abuse of the sovereignty of the Member States;
Amendment 49 #
2022/2143(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, in Declaration No 17 concerning primacy, annexed to the Treaty of Lisbon, the Conference recalls that, in accordance with the well-settled case-law of the CJEU, the Treaties the Member States have refused to accept the inclusion of this principle of primacy of EU law both in the draft European Constitution and in the law adopted by the Union on the basis of the Treaties have primacy over the law of the Member States, under the conditions laid down by the said case-lawTreaty of Lisbon, and whereas, instead, only Declaration No 17 concerning primacy, annexed to the Treaty of Lisbon, makes reference to it;
Amendment 51 #
2022/2143(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the case-law establishing the principle of primacy has not been implicitly accepted by all of the Member States, which have never used a Treaty revision to lay down exceptions to the precedence of EU lawand whereas the constitutional courts of several Member States have rejected the principle of primacy over national constitutions to respect their national identity and because they have not ceded their sovereign powers in this area;
Amendment 58 #
2022/2143(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas there are Member States, such as Spain, where, since time immemorial, case-law does not constitute a source of law (Article 1.6 Civil Code), meaning that is not easily sustainable that the doctrine emanating from a Court of Justice whose origin lies in a Treaty can modify laws adopted by a national parliament or even the Constitution;
Amendment 63 #
2022/2143(INI)
Motion for a resolution
Recital F
Recital F
Amendment 83 #
2022/2143(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the principle of primacy does not imply a hierarchy between the legal orders of the EU and the Member States, but rather requires that, in the event of conflicting provisions of EU and national law ranking beneath the Constitution, national courts must disapply those national provisions, and that national courts interpret their national law in conformity with EU law;
Amendment 84 #
2022/2143(INI)
Ga. It is clear that 'not apply' means modify, repeal or render inapplicable in a given case, so to claim that there is no hierarchy but that there is primacy amounts to nothing more than unacceptable sophistry, at odds with the most basic principles of logic;
Amendment 88 #
2022/2143(INI)
Motion for a resolution
Recital H
Recital H
H. whereas, pursuant to the first paragraph of Article 267 TFEU, the CJEU has jurisdiction to give rulings on all questions concerning the interpretation of the Treaties and the validity and interpretation of EU secondary law in the context of the preliminary reference procedure; whereas the CJEU therefore has exclusive competence to provide the definitive interpretation of EU law;
Amendment 96 #
2022/2143(INI)
Motion for a resolution
Recital J
Recital J
Amendment 104 #
2022/2143(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates that, by their accession to the EU, the Member States have adhered to a certain number of core values and principles, which they share and have undertaken to respect at all times; recalls that these include the principle of primacyundertaken to respect the provisions of the Treaties at all times; recalls that the principle of primacy of EU law over the national laws of the Member States ranking below the Constitution in not enshrined in the Treaties and emanates solely from the case-law of the CJEU, which has been contested by academics, the scientific community and a number of national courts and tribunals, including at the constitutional level;
Amendment 115 #
2022/2143(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Warns that the Constitutions of the Member States are, in any case and unless expressly provided for in the national constitution itself, hierarchically superior to EU law, including the Treaties, since it is the constitutions that in every instance authorise, enable, permit or empower each Member State to join the European Union, in the manner laid down in national law;
Amendment 120 #
2022/2143(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls that there are Member States where, in accordance with customary law, case-law is not a source of law, and therefore the alleged primacy of EU law as asserted in the doctrine of the CJEU cannot be seriously claimed, and that there are also countries where laws expressly state that Community rules may not derogate in whole or in part from the Constitution;
Amendment 139 #
2022/2143(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that it is up to the CJEU, given its exclusive competence to provide the definitive interpretation of EU law, to define the scope of the principle of primacy; notes that such a definition cannot, therefore, be left to national courts on the basis of their interpretation of EU law or provisions of national lawthe Union cannot unilaterally impose the application of the principle of primacy of EU law over national constitutions, and that respect for the sovereignty of the Member States is a fundamental pillar of the European project;
Amendment 147 #
2022/2143(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that the development of the case-law of the CJEU since the Costa v. E.N.E.L. judgment of 15 July 1964 has meant that the constitutional courts of several Member States have questioned the abusive application of this principle, on the grounds that the Union is exceeding the powers assigned to it by the Member States, and that it is damaging their national constitutional identity;
Amendment 149 #
2022/2143(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 159 #
2022/2143(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 169 #
2022/2143(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 186 #
2022/2143(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. This constructive judicial dialogue may be resorted to in cases where there is a conflict between a provision of EU law and a national constitution, however, in the event of failure to reach an agreement, national constitutions must take precedence;
Amendment 188 #
2022/2143(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reiterates its cCalls on the Commission to closely monitorrespect the rulings of national courts with regard to the primacy of EU law over national legislation and to provide full information to Parliament on any possible conflict and any action taken in responseconflicts between EU legislation and national constitutions;
Amendment 198 #
2022/2143(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Union to respect national constitutional identities and to confine itself to acting within the scope of the competences assigned to it by the Member States, exercising its functions with full respect for national sovereignty;
Amendment 206 #
2022/2143(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 220 #
2022/2143(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 232 #
2022/2143(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 241 #
2022/2143(INI)
Amendment 2 #
2022/2081(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Grants the Interim Director of the Consumers, Health, Agriculture and Food Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021 / Postpones its decision on granting the Interim Director of the Consumers, Health, Agriculture and Food Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021;
Amendment 4 #
2022/2081(DEC)
Proposal for a decision 4
Paragraph 1
Paragraph 1
1. Grants the Director of the European Education and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021 / Postpones its decision on granting the Director of the European Education and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021;
Amendment 5 #
2022/2081(DEC)
Proposal for a decision 5
Paragraph 1
Paragraph 1
1. Grants the Director of the European Innovation Council and SMEs Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021 / Postpones its decision on granting the Director of the European Innovation Council and SMEs Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021;
Amendment 6 #
2022/2081(DEC)
Proposal for a decision 6
Paragraph 1
Paragraph 1
1. Grants the Acting Director of the European Research Council Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021 / Postpones its decision on granting the Acting Director of the European Research Council Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021;
Amendment 7 #
2022/2081(DEC)
Proposal for a decision 7
Paragraph 1
Paragraph 1
1. Grants the Director of the European Health and Digital Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021 / Postpones its decision on granting the Director of the European Health and Digital Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021;
Amendment 58 #
2022/0402(CNS)
Proposal for a regulation
Recital 1
Recital 1
(1) The Union has set itself the objective of creating, maintaining and developing an area of freedom, security and justice in full respect of fundamental rights in which the free movement of persons and access to justice are ensured. For the gradual establishment of such an area, the Union is to adopt measures aimed at ensuring the mutual recognition between Member States of judgments and decisions in extrajudicial cases in civil matters and the compatibility of the rules applicable in the Member States concerning conflict of laws and jurisdiction in civil matters, in accordance with the sovereign competence of the Member States over the regulation of family law.
Amendment 63 #
2022/0402(CNS)
Proposal for a regulation
Recital 5
Recital 5
(5) Under the Treaties, the competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood. Pursuant to Article 67(1) TFEU, the Union shall respect ‘fundamental rights and the different legal systems and traditions of the Member States’.
Amendment 72 #
2022/0402(CNS)
Proposal for a regulation
Recital 10
Recital 10
Amendment 77 #
2022/0402(CNS)
Proposal for a regulation
Recital 12
Recital 12
Amendment 89 #
2022/0402(CNS)
Proposal for a regulation
Recital 18
Recital 18
(18) Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (‘European Convention of Human Rights’) lays down the right to respect for private and family life, while Article 1 of Protocol No. 12 to the said Convention provides that the enjoyment of any right set forth by law must be secured without discrimination on any ground, including birth. The European Court of Human Rights has interpreted Article 8 of the Convention as requiring all States within its jurisdiction to recognMember States are not required to register the information in the birth certificate of a child born out of surrogacy abroad in order to establiseh the legal parent-child relationship established abroad between a child born out of surrogacy and the biological intended parent, and to provide for a mechanism for the recognition in law of the parent- child relationship with the non-biological intended parent (for example through the adoption of the child)54. _________________ 54 For example, Mennesson v. France (Application no 65192/11, Council of Europe: European Court of Human Rights, 26 June 2014) and Advisory Opinion P16-2018-001 (Request no. P16- 2018-001, Council of Europe: European Court of Human Rights, 10 April 2019)with the future mother. Without precluding the need for States to identify ways of protecting the child’s interests in the legal recognition of the link with those who de facto exercise parental authority, the case-law of the European Court of Human Rights has granted a margin of appreciation to States in the identification of ways to formalise the intended parental relationship. That approach does not prevent the solution of not registering a foreign document which acknowledges the paternity of both partners who have resorted to surrogacy abroad. The European Court of Human Rights has underlined that the adoption solution may be regarded as sufficient to protect the rights of minors where it is capable of establishing a real ‘parent- child’ relationship between adopter and adoptee, and provided that the procedures laid down by national law guarantee efficient and expeditious implementation, in accordance with the best interests of the child.
Amendment 95 #
2022/0402(CNS)
Proposal for a regulation
Recital 21
Recital 21
(21) In conformity with the provisions of international conventions and Union law, this Regulation should ensure that children enjoy their rights and maintain their legal status in cross-border situations without discrimination. To that effect, and in the light of the case law of the Court of Justice, including on mutual trust between Member States, and of the European Court on Human Rights, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State irrespective of how the child was conceived or born and irrespective of the child’s type of family, and including domestic adoption. Therefore, subject to the application of the rules on applicable law of this Regulation, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State of a child with same-sex parents. This Regulation should also cover the recognition in a Member State of the parenthood of a child adopted domestically in another Member State under the rules governing domestic adoption in that Member State.
Amendment 102 #
2022/0402(CNS)
Proposal for a regulation
Recital 22
Recital 22
(22) To achieve its aims, it is necessary and appropriate for this Regulation to bring together common rules on jurisdiction, applicable law, recognition or, as the case may be, acceptance of final court decisions and authentic instruments with binding legal effect on parenthood as well as rules on the creation of a European Certificate of Parenthood in a Union legal instrument which is binding and directly applicable.
Amendment 105 #
2022/0402(CNS)
Proposal for a regulation
Recital 23
Recital 23
(23) This Regulation covers ‘civil matters’, which includes civil court proceedings and the resulting final court decisions on parenthood, and authentic instruments with binding legal effect on parenthood. The term ‘civil matters’ should be interpreted autonomously, in accordance with the established case law of the Court of Justice. It should be regarded as an independent concept to be interpreted by referring, first, to the objectives and scheme of this Regulation and, second, to the general principles that stem from the corpus of the national legal systems. The term ‘civil matters’ should therefore be interpreted as capable of extending also to measures that, from the point of view of the legal system of a Member State, might fall under public law.
Amendment 106 #
2022/0402(CNS)
Proposal for a regulation
Recital 24
Recital 24
(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, by adoption or by operation of law. Also for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, the intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.
Amendment 113 #
2022/0402(CNS)
Proposal for a regulation
Recital 25
Recital 25
(25) This Regulation should not apply to the establishment of parenthood in a Member State in a domestic situation with no cross-border elements. This Regulation should not therefore include provisions on jurisdiction or applicable law for the establishment of parenthood in domestic cases, such as the parenthood of a child further to a domestic adoption in a Member State. However, in order to safeguard children’s rights without discrimination in cross-border situations as laid down in the Charter, in application of the principle of mutual trust between Member States as confirmed by the Court of Justice, the provisions of this Regulation on the recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood should also apply to the recognition of parenthood established in a Member State in domestic situations, such as the parenthood established in a Member State further to a domestic adoption in that Member State. The provisions of this Regulation concerning the relevant attestation and the European Certificate of Parenthood should therefore also apply as regards the parenthood established in a Member State in domestic situations, such as further to a domestic adoption in a Member State.
Amendment 116 #
2022/0402(CNS)
Proposal for a regulation
Recital 26
Recital 26
Amendment 119 #
2022/0402(CNS)
Proposal for a regulation
Recital 28
Recital 28
(28) While the establishment and the recognition of parenthood in conformity with this Regulation is relevant for other areas of civil law, the scope of this Regulation should be limited to jurisdiction, applicable law, and recognition of final court decisions and acceptance of authentic instruments concerning parenthoodwith binding legal effect. For reasons of clarity, other areas of civil law which could be seen as having a link with parenthood should be explicitly excluded from the scope of this Regulation.
Amendment 121 #
2022/0402(CNS)
Proposal for a regulation
Recital 29
Recital 29
(29) In particular, the rules on jurisdiction, applicable law, and recognition of final court decisions and acceptance of authentic instruments with binding legal effect set out in this Regulation should not apply to maintenance rights, governed by Council Regulation (EC) No 4/200955; succession rights, governed by Regulation (EU) No 650/2012 of the European Parliament and of the Council56; or parental responsibility matters, governed by Council Regulation (EU) 2019/111157. However, as the question of the parenthood of a child must be resolved as a preliminary question before resolving matters of parental responsibility, maintenance or succession as regards the child, this Regulation should facilitate the application of the above-mentioned Union instruments on family law and succession. _________________ 55 Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1). 56 Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (OJ L 201, 27.7.2012, p. 107). 57 Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1).
Amendment 128 #
2022/0402(CNS)
Proposal for a regulation
Recital 31
Recital 31
(31) The requirements for the recording of parenthood in a register should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept that should determine under what legal conditions and how the recording must be carried out, and which authorities are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. In order to avoid duplication of documents, the national registration authorities should accept the documents drawn up in another Member State by the competent authorities whose circulation is provided for by this Regulation. In particular, the European Certificate of Parenthood issued under this Regulation should constitute a valid document for the recording of parenthood in a register of a Member State. As the procedure for the issuance of the European Certificate of Parenthood and its contents and effects should be uniform in all Member States as set out in this Regulation, and the European Certificate of Parenthood should be issued in conformity with the rules on jurisdiction and applicable law laid down in this Regulation, the authorities involved in the registration should not require that the European Certificate of Parenthood be first transposed into a national document on parenthood. This should not preclude the authorities involved in the registration from formally checking that the recognition of parenthood is not manifestly contrary to the public policy of the Member State, from confirming the conditions necessary to establish the authenticity of the European Certificate of Parenthood or from asking the person applying for registration to provide such additional information as required under the law of the Member State in which the register is kept, provided that information is not already included in the European Certificate of Parenthood. The competent authority may indicate to the person applying for registration how the missing information can be provided. The effects of recording the parenthood in a register (for example, depending on the national law, whether registration establishes parenthood or only provides evidence of the parenthood already established) should also be excluded from the scope of this Regulation and be determined by the law of the Member State in which the register is kept.
Amendment 129 #
2022/0402(CNS)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) It should also not cover the recognition of court decisions which are open to appeal or of authentic instruments without binding legal effect.
Amendment 131 #
2022/0402(CNS)
Proposal for a regulation
Recital 34
Recital 34
(34) Notwithstanding the differences in national laws, parenthood is typically established by operation of law or by an act of a competent authority. Examples of the establishment of parenthood by operation of law include parenthood by birth as regards the person giving birth, and parenthood by legal presumption as regards the spouse or the registered partner of the person giving birth. Examples of the establishment of parenthood by an act of a competent authority include the establishment of parenthood by a court decision (such as in adoption, or in proceedings where parenthood is contested, or in proceedings where parenthood is claimed, for example by proving a possession of state), by a notarial deed (for example, in adoption or where the child is not yet born), by an administrative decision (for example, after an acknowledgment of paternity) or by registration. Parenthood is typically registered in the civil, personal or population register. Evidence of parenthood canmust be provided by the document establishing the parenthood (such as thefinal court decision, or the notarial deed or the administrative decision establishing parenthood). However, evidence of parenthood is most often provided by the registration of the parenthood in the register itself, by an extract from the relevant register or by a certificate containing the information registered in the relevant register (such as a birth certificate or a parenthood certificate)authentic instrument with binding legal effect establishing parenthood.
Amendment 136 #
2022/0402(CNS)
Proposal for a regulation
Recital 35
Recital 35
Amendment 140 #
2022/0402(CNS)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to facilitate the recognition of final court decisions and authentic instruments with binding legal effect on parenthood matters, this Regulation should lay down uniform jurisdiction rules for the establishment of parenthood with a cross- border element. This Regulation should also clarify the right of children below the age of 18 years to be provided with an opportunity to express their views in proceedings to which they are subject.
Amendment 143 #
2022/0402(CNS)
Proposal for a regulation
Recital 38
Recital 38
(38) This Regulation should respect the different systems for dealing with parenthood matters in the Member States. As regards ‘authentic instruments’, Member States often empower authorities, such as notaries, administrative authorities or registrars to draw up authentic instruments establishing parenthood with binding legal effect in the Member State in which they have been drawn up or registered (‘authentic instruments with binding legal effect’), or to draw up authentic instruments which have no binding legal effect in the Member State in which they have been drawn up or registered but which have evidentiary effects in that Member State (‘authentic instruments with no binding legal effect’). The term ‘empowerment’ in this Regulation is to be interpreted autonomously in accordance with the definition of 'authentic instrument' used horizontally in Union instruments and in the light of the objectives of this Regulation.
Amendment 146 #
2022/0402(CNS)
Proposal for a regulation
Recital 39
Recital 39
(39) To safeguard the child’s interests, jurisdiction should be determined according to the criterion of proximity. Consequently, where possible jurisdiction should lie with the Member State of the habitual residence of the child. However, in order to facilitate the child’s access to justice in a Member State, alternative jurisdiction should also be granted to the Member State of the nationality of the child, to the Member State of the habitual residence of the respondent (for example, the person in respect of whom the child claims parenthood), to the Member State of the habitual residence of any of the parents, to the Member State of the nationality of any of the parents or to the Member State of the child’s birthsovereignty of Member States and respect the general principles of international private law, jurisdiction should be determined, in each Member State, by the laws of that Member State.
Amendment 148 #
2022/0402(CNS)
Proposal for a regulation
Recital 40
Recital 40
Amendment 150 #
2022/0402(CNS)
Proposal for a regulation
Recital 41
Recital 41
Amendment 151 #
2022/0402(CNS)
Proposal for a regulation
Recital 42
Recital 42
Amendment 152 #
2022/0402(CNS)
Proposal for a regulation
Recital 43
Recital 43
Amendment 155 #
2022/0402(CNS)
Proposal for a regulation
Recital 45
Recital 45
(45) In the interests of procedural economy and procedural efficiency, if the outcome of proceedings before a court of a Member State not having jurisdiction under this Regulation depends on the determination of an incidental question falling within the scope of this Regulation, the courts of that Member State should not be prevented by this Regulation from determining that question. Therefore, if the object of the proceedings is, for instance, a succession dispute in which the parent- child relationship between the deceased and the child must be established for the purposes of those proceedings, the Member State having jurisdiction for the succession dispute should be allowed to determine that question for the pending proceedings, regardless of whether it has jurisdiction for parenthood matters under this Regulation. Any such determination should be made in accordance with the applicable law designated by this Regulation and should only produce effects in the proceedings for which it was made.
Amendment 162 #
2022/0402(CNS)
Proposal for a regulation
Recital 50
Recital 50
Amendment 164 #
2022/0402(CNS)
Proposal for a regulation
Recital 51
Recital 51
(51) As a rule, tThe law applicable to the establishment of parenthood in cross- border situations should be the law of the State of the habitual residence of the person giving birth at the time of birth. This connecting factor should ensure that the applicable law can be determined in the vast majority of cases, including as regards a new-born, whose habitual residence may be difficult to establish. The time of birth should be interpreted strictly, referring to the most frequent situation in which parenthood is established upon birth by operation of law and registered in the relevant register within a few days following birth. That law should apply both to situations in which the person giving birth has the habitual residence in the State of birth (as would be the typical situation) and also to situations in which the person giving birth has the habitual residence in a State other than the State of birth (for example, when birth occurs while travelling). The law of the State of the habitual residence of the person giving birth at the time of birth should apply, by analogy, where the parenthood of the child needs to be established before the child is born. To ensure that the applicable law can be determined in all circumstances, the law of the State of birth of the child should apply in the rare cases where the habitual residence of the person giving birth at the time of birth cannot be established (for example, in the case of a refugee or an internationally displaced mother)Member State whose courts are hearing the case.
Amendment 167 #
2022/0402(CNS)
Proposal for a regulation
Recital 52
Recital 52
Amendment 169 #
2022/0402(CNS)
Proposal for a regulation
Recital 53
Recital 53
Amendment 172 #
2022/0402(CNS)
Proposal for a regulation
Recital 54
Recital 54
Amendment 174 #
2022/0402(CNS)
Proposal for a regulation
Recital 55
Recital 55
(55) An interested party may do a unilateral act intended to have legal effect on a parenthood established or to be established, for example, an acknowledgment of paternity or the giving of consent by a spouse to the use of assisted reproductive technology. Such an act should be formally valid if it satisfies the formal requirements of the law designated as applicable by this Regulation, or the law of the State in which the person doing the act has the habitual residence, or the law of the State in which the act was done.
Amendment 175 #
2022/0402(CNS)
Proposal for a regulation
Recital 56
Recital 56
Amendment 181 #
2022/0402(CNS)
Proposal for a regulation
Recital 57
Recital 57
(57) Since there are States in which two or more systems of law or sets of rules concerning the matters governed by this Regulation may coexist, a provision should govern the extent to which this Regulation applies in the different territorial units of those States, while respecting the conflict- of-law rules laid down by national legislation.
Amendment 183 #
2022/0402(CNS)
Proposal for a regulation
Recital 58
Recital 58
(58) This Regulation should provide for the recognition of final court decisions and authentic instruments establishing parenthood with binding legal effect issued in another Member State.
Amendment 185 #
2022/0402(CNS)
Proposal for a regulation
Recital 59
Recital 59
(59) Depending on the national law, an authentic instrument establishing parenthood with binding legal effect in the Member State of origin can be, for example, a notarial deed of adoption or an administrative decision establishing parenthood following an acknowledgment of paternity. This Regulation should also provide for the acceptance of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State. Depending on the national law, such an authentic instrument can be, for example, a birth certificate or a parenthood certificate providing evidence of the parenthood established in the Member State of origin (whether the parenthood has been established by operation of law or by an act of a competent authority, such as a court decision, a notarial deed, an administrative decision or registration).
Amendment 188 #
2022/0402(CNS)
Proposal for a regulation
Recital 60
Recital 60
(60) Mutual trust in the administration of justice in the Union justifies the principle that final court decisions establishing parenthood in a Member State should be recognised in all Member States without the need for any recognition procedure. In particular, when presented with a court decision given in another Member State establishing parenthood that can no longer be challenged in the Member State of origin, the competent authorities of the requested Member State should recognise the court decision by operation of law without any special procedure being required and update the records on parenthood in the relevant register accordingly.
Amendment 189 #
2022/0402(CNS)
Proposal for a regulation
Recital 61
Recital 61
(61) It should be left to national law whether the grounds for refusal may be raised by a party or ex officio. This should not preclude any interested partyparty with a legitimate interest under the procedural law of the Member State in which the proceedings are initiated, who wishes to raise the recognition of a court decision on parenthood given in another Member State as the principal issue in a dispute, from applying to a court for a court decision stating that there are no grounds for a refusal of the recognition of that final court decision. It should be for the national law of the Member State where such application is made to determine who can be considered as an interested party entitled to make such application.
Amendment 191 #
2022/0402(CNS)
Proposal for a regulation
Recital 62
Recital 62
(62) The recognition in a Member State of final court decisions on parenthood matters given in another Member State should be based on the principle of mutual trust. Therefore, the grounds for non- recognition should be kept to the minimum in the light of the underlying aim of this Regulation, which is to facilitate the recognition of parenthood and to protect effectively children’s rights and the best interests of the child in cross-border situations.
Amendment 192 #
2022/0402(CNS)
Proposal for a regulation
Recital 63
Recital 63
(63) The recognition of a final court decision should be refused only if one or more of the grounds for refusal of recognition provided for in this Regulation are present. The list of grounds for refusal of recognition in this Regulation is exhaustive. It should not be possible to invoke, as grounds for refusal, grounds which are not listed in this Regulation such as, for example, a violation of the lis pendens rule. A later court decision should always supersede an earlier court decision to the extent that they are irreconcilable.
Amendment 193 #
2022/0402(CNS)
Proposal for a regulation
Recital 64
Recital 64
(64) As regards the opportunity given to children below the age of 18 years to express their views, it should be for the court of origin, in accordance with national legislation and procedure, to decide about the appropriate method for hearing the child. Therefore, it should not be possible to refuse recognition of a final court decision on the sole ground that the court of origin used a different method to hear the child than a court in the Member State of recognition would use.
Amendment 195 #
2022/0402(CNS)
Proposal for a regulation
Recital 65
Recital 65
(65) Authentic instruments with binding legal effect in the Member State of origin should be treated as equivalent to ‘final court decisions’ for the purposes of the rules on recognition of this Regulation.
Amendment 199 #
2022/0402(CNS)
Proposal for a regulation
Recital 67
Recital 67
(67) The recognition in a Member State under this Regulation of a final court decision establishing parenthood given in another Member State, or of an authentic instrument establishing parenthood with binding legal effect drawn up or registered in another Member State, should not imply the recognition of the possible marriage or registered partnership of the parents of the child whose parenthood has been or is to be established.
Amendment 202 #
2022/0402(CNS)
Proposal for a regulation
Recital 68
Recital 68
Amendment 205 #
2022/0402(CNS)
Proposal for a regulation
Recital 69
Recital 69
Amendment 209 #
2022/0402(CNS)
Proposal for a regulation
Recital 70
Recital 70
Amendment 210 #
2022/0402(CNS)
Proposal for a regulation
Recital 71
Recital 71
Amendment 212 #
2022/0402(CNS)
Proposal for a regulation
Recital 72
Recital 72
Amendment 214 #
2022/0402(CNS)
Proposal for a regulation
Recital 73
Recital 73
Amendment 216 #
2022/0402(CNS)
Proposal for a regulation
Recital 74
Recital 74
Amendment 224 #
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 aa final court decision or authentic instrument with binding legal effect 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, the courts or other competent authorities should not be able to refuse to recognise or, as the case may be, accept aa final court decision or an authentic instrument with binding legal effect issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination.
Amendment 228 #
2022/0402(CNS)
(76) In order for the recognition of the parenthood established in a Member State to be settled speedily, smoothly and efficiently, children or their parent(s) should be able to demonstrate easily the children’s status in another Member State. To enable them to do so, this Regulation should provide for the creation of a uniform certificate, the European Certificate of Parenthood, to be issued by the Member State in which parenthood has been established for use in another Member State. In order to respect the principle of subsidiarity, the European Certificate of Parenthood should not take the place of internal documents which may exist for similar purposes in the Member States.
Amendment 235 #
2022/0402(CNS)
Proposal for a regulation
Recital 78
Recital 78
(78) The use of the European Certificate of Parenthood should not be mandatory. This means that persons entitled to apply for a European Certificate of Parenthood, namely the child or a legal representative, should be under no obligation to do so and should be free to present the other instruments available under this Regulation (a final court decision or an authentic instrument with binding legal effect) when requesting recognition in another Member State. However, no authority or person presented with a European Certificate of Parenthood issued in another Member State should be entitled to request that a final court decision or an authentic instrument with binding legal effect be presented instead of the European Certificate of Parenthood.
Amendment 240 #
2022/0402(CNS)
Proposal for a regulation
Recital 80
Recital 80
(80) Whilst the contents and the effects of national authentic instrument providing evidence of parenthood (such as a birth certificate or a parenthood certificate) vary depending on the Member State of origin, the European Certificate of Parenthood should have the same contents and produce the same effects in all Member States. It should have evidentiary effects and should be presumed to demonstrate accurately elements which have been established under the law applicable to the establishment of parenthood designated by this RegulationThe European Certificate of Parenthood should have the same contents and produce the same effects in all Member States. It should have evidentiary effects without precluding the Member State courts or competent authorities to which the certificate is presented from formally checking that it contains elements which have been established under the law applicable to the establishment of parenthood and that there are no grounds for refusal as a result of it being manifestly contrary to public policy. The evidentiary effects of the European Certificate of Parenthood should not extend to elements which are not governed by this Regulation, such as the civil status of the parents of the child whose parenthood is concerned. Whilst the language of a national authentic instrument with binding legal effect providing evidence of parenthood is issued in the language of the Member State of origin, the European Certificate of Parenthood form annexed to this Regulation is available in all Union languages.
Amendment 245 #
2022/0402(CNS)
Proposal for a regulation
Recital 81
Recital 81
(81) The court or other competent authority should issue the European Certificate of Parenthood upon request. The original of the European Certificate of Parenthood should remain with the issuing authority, which should issue one or more certified copies of the European Certificate of Parenthood to the applicant or a legal representative. Given the stability of parenthood status in the vast majority of cases, the validity of the copies of the European Certificate of Parenthood should not be limited in time, without prejudice to the possibility to rectify, modify, suspend or withdraw the European Certificate of Parenthood as necessary. This Regulation should provide for redress against decisions of the issuing authority, including decisions to refuse to issue a European Certificate of Parenthood. Where the European Certificate of Parenthood is rectified, modified, suspended, refused or withdrawn, the issuing authority should inform the persons to whom certified copies have been issued so as to avoid a wrongful use of such copies.
Amendment 249 #
2022/0402(CNS)
Proposal for a regulation
Recital 83
Recital 83
Amendment 253 #
2022/0402(CNS)
Proposal for a regulation
Recital 86
Recital 86
Amendment 258 #
2022/0402(CNS)
Proposal for a regulation
Recital 90
Recital 90
(90) This Regulation respects the fundamental rights and observes the principles recognised in the Charter. In particular, this Regulation seeks to promote the application of Article 3(2)(c) of the Charter prohibiting making the human body and its parts as such a source of financial gain, Article 5(3) prohibiting trafficking in human beings, Article 7 on everyone’s right to respect for their private and family life, Article 21 prohibiting discrimination, and Article 24 on the protection of the rights of the child.
Amendment 262 #
2022/0402(CNS)
Proposal for a regulation
Recital 92
Recital 92
(92) In applying this Regulation, Member State courts or other competent authorities may need to process personal data for the purposes of the establishment of parenthood in cross-border situations and of the recognition of parenthood between Member States. This entails the processing of personal data for the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying final court decisions or authentic instruments with binding legal effect, the issuance of a European Certificate of Parenthood, the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood. Personal data processed by Member State courts or other competent authorities pursuant to this Regulation are contained in the documents handled by Member State courts or other competent authorities for the above purposes. Personal data processed will in particular concern children, their parents and their legal representatives. The personal data handled by Member State courts or other competent authorities should be processed in accordance with applicable data protection legislation, in particular the GDPR. In addition, in applying this Regulation, the Commission may need to process personal data in connection with the electronic communication between natural persons or their legal representatives and Member State courts or other competent authorities to request, receive and send a European Certificate of Parenthood, or in proceedings concerning the recognition or the refusal of recognition of parenthood, through the European electronic access point in the context of the decentralised IT system. The personal data handled by the Commission should be processed in accordance with the EUDPR.
Amendment 264 #
2022/0402(CNS)
Proposal for a regulation
Recital 93
Recital 93
(93) This Regulation should provide the legal basis for the processing of personal data by Member State courts or other competent authorities in accordance with Article 6(1) and (3) of the GDPR and by the Commission in accordance with Article 5(1) and (2) of the EUDPR. The processing of special categories of personal data under this Regulation meets the requirements of Article 9(2) of the GDPR as data will be processed by courts acting in their judicial capacity in conformity with point (f), or the processing will be necessary for reasons of substantial public interest on the basis of this Regulation, which aims to facilitate the recognition of final court decisions and authentic instruments with binding legal effect on parenthood in another Member State to ensure the protection of the fundamental rights and other rights of children in cross- border situations within the Union, in conformity with point (g). Similarly, the processing of special categories of personal data under this Regulation meets the requirements of Article 10(2) of the EUDPR as the processing of data will be necessary for the establishment, exercise or defence of legal claims in conformity with point (f), or the processing will be necessary for reasons of substantial public interest on the basis of this Regulation, in conformity with point (g).
Amendment 265 #
2022/0402(CNS)
Proposal for a regulation
Recital 95
Recital 95
(95) For the purposes of the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying final court decisions or authentic instruments with binding legal effect, the issuance of a European Certificate of Parenthood, the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood, Member State courts or other competent authorities empowered by the Member States to apply this Regulation should be regarded as controllers within the meaning of Article 4, point 7 of the GDPR. For the purposes of the technical management, development, maintenance, security and support of the European electronic access point, and of the communication between natural persons or their legal representatives and Member State courts or other competent authorities through the European electronic access point and the decentralised IT system, the Commission should be regarded as controller within the meaning of Article 3, point 8 of the EUDPR. Controllers should ensure the security, integrity, authenticity and confidentiality of the data processed for the above purposes.
Amendment 272 #
2022/0402(CNS)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; common rules for the recognition or, as the case may be, acceptance in a Member State of final court decisions on parenthood given, and authentic instruments with binding legal effect on parenthood drawn up or registered, in another Member State; and creates a European Certificate of Parenthood.
Amendment 280 #
2022/0402(CNS)
Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(aa) the existence, validity or recognition of parenthood in the Member States;
Amendment 282 #
2022/0402(CNS)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) matters relating to parental responsibility mattersand custody;
Amendment 286 #
2022/0402(CNS)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Regulation shall not apply to the recognition of court decisions establishing parenthood given in a third State, or to the recognition or, as the case may be, acceptance of authentic instrumentsf authentic instruments with binding legal effect establishing or proving parenthood drawn up or registered in a third State.
Amendment 290 #
2022/0402(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
1. ‘parenthood’ means the parent- child relationship established in national law. It includes the legal status of being the child of a particular parent or parents;
Amendment 298 #
2022/0402(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
5. '‘final court decision'’ means a decision of a court of a Member State, including a decree, order or judgment, concerning matters of parenthood and in respect of which there can be no further appeal, whether ordinary or extraordinary;
Amendment 299 #
2022/0402(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point 6 – introductory part
Article 4 – paragraph 1 – point 6 – introductory part
6. ‘authentic instrument' with binding legal effect’ means a document that has been formally drawn up or registered as an authentic instrument with binding legal effect in any Member State in matters of parenthood and the authenticity of which:
Amendment 305 #
2022/0402(CNS)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
Amendment 306 #
2022/0402(CNS)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 308 #
2022/0402(CNS)
Amendment 310 #
2022/0402(CNS)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 311 #
2022/0402(CNS)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 312 #
2022/0402(CNS)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
Amendment 313 #
2022/0402(CNS)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
Amendment 314 #
2022/0402(CNS)
Proposal for a regulation
Article 7
Article 7
Amendment 315 #
2022/0402(CNS)
Proposal for a regulation
Article 8
Article 8
Amendment 316 #
2022/0402(CNS)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Where no court of a Member State has jurisdiction pursuant to other provisions of this Regulationits own laws, the courts of a Member State may, on an exceptional basis, rule on parenthood matters if proceedings cannot reasonably be brought or conducted or would be impossible in a third State with which the case is closely connected.
Amendment 318 #
2022/0402(CNS)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 326 #
2022/0402(CNS)
1. The law applicable to the establishment of parenthood shall be the law of the State of the habitual residence of the person giving birth at the time of birth or, where the habitual residence of the person giving birth at the time of birth cannot be determined, the law of the State of birth of the childMember State whose courts are seised of the case.
Amendment 329 #
2022/0402(CNS)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 335 #
2022/0402(CNS)
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) the binding legal effect and/or the evidentiary effects of authentic instruments;
Amendment 337 #
2022/0402(CNS)
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. A unilateral act intended to have legal effect on the establishment of parenthood shall be valid as to form where it meets the requirements of one of the following laws:the law applicable to the establishment of parenthood in accordance with Article 17.
Amendment 339 #
2022/0402(CNS)
Proposal for a regulation
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
Amendment 340 #
2022/0402(CNS)
Proposal for a regulation
Article 20 – paragraph 1 – point b
Article 20 – paragraph 1 – point b
Amendment 341 #
2022/0402(CNS)
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
Amendment 342 #
2022/0402(CNS)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. An act intended to have legal effect on the establishment of parenthood may be proved by any mode of proof recognised by the law of the forum or by any of the laws referred to in paragraph 1 under which that act is formally valid, provided that such mode of proof can be administered by the forum.
Amendment 347 #
2022/0402(CNS)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Paragraph 1 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-3(2), point (c) thereof prohibiting the use of the human body and its parts as a source of financial gain, Article 5(3) thereof prohibiting trafficking in human beings and Article 21 thereof prohibiting discrimination.
Amendment 353 #
2022/0402(CNS)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A final court decision on parenthood given in a Member State shall be recognised in all other Member States without any special procedure being required, unless there are grounds for refusal of recognition as referred to in Article 31.
Amendment 357 #
2022/0402(CNS)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. In particular, no special procedure shall be required for updating the civil- status records of a Member State on the basis of a final court decision on parenthood given in another Member State and against which no further appeal lies under the law of that Member State.
Amendment 359 #
2022/0402(CNS)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Where the recognition of a final court decision is raised as an incidental question before a court of a Member State, that court may determine that issue.
Amendment 360 #
2022/0402(CNS)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Any interested partyparty with a legitimate interest under the procedural law of the Member State in which the proceedings are brought may, in accordance with the procedures provided for in Articles 32 to 34, apply for a decision that there are no grounds for refusal of recognition referred to in Article 31.
Amendment 361 #
2022/0402(CNS)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. A party who wishes to invoke in a Member State a final court decision given in another Member State shall produce the following:
Amendment 362 #
2022/0402(CNS)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) a copy of the final court decision that satisfies the conditions necessary to establish its authenticity; and
Amendment 363 #
2022/0402(CNS)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The court or other competent authority before which a final court decision given in another Member State is invoked may, where necessary, require the party invoking it to provide a translation or transliteration of the translatable content of the free text fields of the attestation referred to in point (b) of paragraph 1 of this Article.
Amendment 364 #
2022/0402(CNS)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The court or other competent authority before which a final court decision given in another Member State is invoked may require the party to provide a translation or transliteration of the court decision in addition to a translation or transliteration of the translatable content of the free text fields of the attestation if it is unable to proceed without such a translation or transliteration.
Amendment 365 #
2022/0402(CNS)
Proposal for a regulation
Article 27
Article 27
Amendment 367 #
2022/0402(CNS)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
The court before which a final court decision given in another Member State is invoked may stay its proceedings, in whole or in part, where: an application has been submitted for a decision stating that there are no grounds for refusal of recognition as referred to in Article 25, or for a decision stating that the recognition is to be refused on one of those grounds.
Amendment 368 #
2022/0402(CNS)
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
Amendment 369 #
2022/0402(CNS)
Proposal for a regulation
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
Amendment 370 #
2022/0402(CNS)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The court of a Member State of origin as communicated to the Commission pursuant to Article 71 shall, upon application by a party, issue an attestation for a final court decision on parenthood using the form set out in Annex I.
Amendment 377 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 1 – point b
Article 31 – paragraph 1 – point b
(b) where it was given in default of appearance if the persons in default were not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable those persons to arrange for their defence unless it is determined that such persons have accepted the final court decision unequivocally;
Amendment 378 #
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 with a legitimate interest under the procedural law of the Member State in which the proceedings are brought claiming that the court decision infringes his fatherhood or her motherhood over the child if it was given without such person having been given an opportunity to be heard;
Amendment 380 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 1 – point d
Article 31 – paragraph 1 – point d
(d) if and to the extent that it is irreconcilable with a later final court decision relating to parenthood given in the Member State in which recognition is invoked;
Amendment 381 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 1 – point e
Article 31 – paragraph 1 – point e
(e) if and to the extent that it is irreconcilable with a later final court decision relating to parenthood given in another Member State provided that the later final court decision fulfils the conditions necessary for its recognition in the Member State in which recognition is invoked.
Amendment 382 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 1 – point e a (new)
Article 31 – paragraph 1 – point e a (new)
(ea) if there is a failure to submit the documents referred to in Article 26, without prejudice to the possibility for the court seised to waive this obligation in accordance with Article 32(7).
Amendment 386 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Point (a) of paragraph 1 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-3(2), point (c) thereof prohibiting the use of the human body and its parts as a source of financial gain, Article 5(3) thereof prohibiting trafficking in human beings and Article 21 thereof prohibiting discrimination.
Amendment 390 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The recognition of a final court decision in matters of parenthood may be refused if it was given without children having been given an opportunity to express their views, unless this is against the interest of the child. Where children were below the age of 18 years, this provision shall apply where the children were capable of forming their views in accordance with Article 15.
Amendment 393 #
2022/0402(CNS)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The recognition of a final court decision in matters of parenthood shall be refused if one of the grounds for refusal of recognition referred to in Article 31 is found to exist.
Amendment 394 #
2022/0402(CNS)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. The applicant shall provide the court with a copy of the final court decision which satisfies the conditions necessary to establish its authenticity and, where applicable and possible, the appropriate attestation issued pursuant to Article 29.
Amendment 397 #
2022/0402(CNS)
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. If the court is unable to proceed without a translation or transliteration of the final court decision, it may require the applicant to provide such a translation or transliteration.
Amendment 401 #
2022/0402(CNS)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The challenge or appeal shall be lodged with the court communicated by the Member States to the Commission pursuant to Article 71 as the court with which such a challenge or appeal is to be lodged, and which shall be determined in accordance with the law of the Member State of the court that refused recognition.
Amendment 402 #
2022/0402(CNS)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
A court decision given on the challenge or appeal may only be contested by a challenge or appeal where the courts with which any further challenge or appeal is to be lodged have been communicated by the Member State concerned to the Commission pursuant to Article 71.:
Amendment 403 #
2022/0402(CNS)
Proposal for a regulation
Article 34 – paragraph 1 – point a (new)
Article 34 – paragraph 1 – point a (new)
(a) the courts with which any further challenge or appeal is to be lodged have been communicated by the Member State concerned to the Commission pursuant to Article 71.
Amendment 404 #
2022/0402(CNS)
Proposal for a regulation
Article 34 – paragraph 1 – point b (new)
Article 34 – paragraph 1 – point b (new)
(b) if the courts with which any further challenge or appeal is to be lodged have been established in accordance with the law of the Member State of the court that was seised of the case.
Amendment 406 #
2022/0402(CNS)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
This Section shall apply to authentic instruments establishing parenthood in accordance with national law and that:
Amendment 411 #
2022/0402(CNS)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
Authentic instruments establishing parenthood with binding legal effect in the Member State of origin shall be recognised in other Member States without any special procedure being required, unless there are grounds for refusal of recognition as listed in Article 31. Sections 1 and 2 of this Chapter shall apply accordingly, unless otherwise provided for in this Section.
Amendment 415 #
2022/0402(CNS)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
Amendment 430 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Point (a) of paragraph 1 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-3(2), point (c) thereof prohibiting the use of the human body and its parts as a source of financial gain, Article 5(3) thereof prohibiting trafficking in human beings and Article 21 thereof prohibiting discrimination.
Amendment 435 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. The recognition of an authentic instrument establishing parenthood with binding legal effect may be refused if it was formally drawn up or registered without children having been given an opportunity to express their views, unless this is against the interest of the child. Where the children were below the age of 18 years, this provision shall apply where the children were capable of forming their views in accordance with Article 15.
Amendment 441 #
2022/0402(CNS)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
Amendment 444 #
2022/0402(CNS)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
Under no circumstances may a final court decision given in another Member State, or an authentic instrument establishing parenthood with binding legal effect in the Member State of origin, be reviewed as to their substance.
Amendment 449 #
2022/0402(CNS)
Proposal for a regulation
Article 44
Article 44
Amendment 451 #
2022/0402(CNS)
Proposal for a regulation
Article 45
Article 45
Acceptance of authentic instruments 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. 2. The public policy (ordre public) referred to in paragraph 1 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. 3. A person wishing to use such an authentic instrument in another Member State may ask the authority that has formally drawn up or registered the authentic instrument in the Member State of origin to fill in the form in Annex III describing the evidentiary effects which the authentic instrument produces in the Member State of origin. 4. The attestation shall contain a statement informing Union citizens and their family members that the attestation does not affect the rights that a child derives from Union law and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means. 5. Any challenge relating to the authenticity of such an authentic instrument shall be made before the courts of the Member State of origin and shall be decided upon under the law of that Member State. The authentic instrument challenged shall not produce any evidentiary effect in another Member State as long as the challenge is pending before the competent court. 6. Any challenge relating to the legal acts or legal relationships recorded in such an authentic instrument shall be made before the courts having jurisdiction under this Regulation and shall be decided upon under the law applicable pursuant to Chapter III. The authentic instrument challenged shall not produce any evidentiary effect in a Member State other than the Member State of origin as regards the matter being challenged as long as the challenge is pending before the competent court. 7. If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question relating to the legal acts or legal relationships recorded in such an authentic instrument, that court shall have jurisdiction over that question.rticle 45 deleted
Amendment 466 #
2022/0402(CNS)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The Certificate shall not take the place of internal documents used for similar purposes in the Member States. However, once issued for use in another Member State, the Certificate shall also produce the effects listed in Article 53 in the Member State whose authorities issued it in accordance with this Chapter, without prejudice to Article 53a.
Amendment 472 #
2022/0402(CNS)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. The Certificate shall be issued inby the Member State in which parenthood was established and whose courts, as defined in Article 4(4), have jurisdiction under Article 6, Article 7 or Article 9.
Amendment 475 #
2022/0402(CNS)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. For the purposes of submitting an application, the applicant mayshall use the form established in Annex IV.
Amendment 476 #
2022/0402(CNS)
Proposal for a regulation
Article 49 – paragraph 3 – introductory part
Article 49 – paragraph 3 – introductory part
3. The application shall contain the information listed below, to the extent that such information is within the applicant’s knowledge and is necessary in order to enable the issuing authority to certify the elements which the applicant wants certified, and shall be accompanied by all relevant documents either in the original or by way of copies which satisfy the conditions necessary to establish their authenticity, without prejudice to Article 50(2):
Amendment 477 #
2022/0402(CNS)
Proposal for a regulation
Article 49 – paragraph 3 – point a
Article 49 – paragraph 3 – point a
(a) details concerning the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), sex, date and place of birth, nationality (if known), identification number (if applicable), address;
Amendment 478 #
2022/0402(CNS)
Proposal for a regulation
Article 49 – paragraph 3 – point c
Article 49 – paragraph 3 – point c
(c) details concerning each parent: surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number (if applicable), address;
Amendment 479 #
2022/0402(CNS)
Proposal for a regulation
Article 49 – paragraph 3 – point d
Article 49 – paragraph 3 – point d
(d) the place and Member State where the parenthood of the child is registered;
Amendment 480 #
2022/0402(CNS)
Proposal for a regulation
Article 49 – paragraph 3 – point e
Article 49 – paragraph 3 – point e
(e) the elements on which the applicant founds parenthood, appending the original or a copy of the document(s) or documents establishing parenthood with binding legal effect or providing evidence of the parenthood that satisfy the conditions necessary to establish their authenticity;
Amendment 482 #
2022/0402(CNS)
Proposal for a regulation
Article 49 – paragraph 3 – point f
Article 49 – paragraph 3 – point f
(f) the contact details of the Member State’s court that established parenthood, or of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect, or of the competent authority that issued an authentic instrument with no binding legal effect in the Member State of origin but with evidentiary effects in that Member State;
Amendment 487 #
2022/0402(CNS)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
Amendment 488 #
2022/0402(CNS)
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. WThe declaration referred this is provided for by its national law and subject to the conditions laid down therein, the issuing authority may require that declarations be made on oath or by a statutory declaration in lieu of an oath.o in Article 49(3), point (g) shall be drawn up in accordance with the national law and subject to the conditions laid down therein;
Amendment 491 #
2022/0402(CNS)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
The issuing authority of the Member State in which parenthood was established shall issue the Certificate without delay in accordance with the procedure laid down in this Chapter when the elements to be certified have been established under the law applicable to the establishment of parenthood. It shall use the form in Annex V.
Amendment 494 #
2022/0402(CNS)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2 – point b a (new)
Article 51 – paragraph 1 – subparagraph 2 – point b a (new)
(ba) if parenthood was established in another Member State.
Amendment 498 #
2022/0402(CNS)
Proposal for a regulation
Article 52 – paragraph 1 – point a
Article 52 – paragraph 1 – point a
(a) the name, address and contact details of the Member State’'s issuing authority; and the contact details of the court which established parenthood or the competent authority which issued the authentic instrument establishing parenthood with binding legal effect;
Amendment 499 #
2022/0402(CNS)
Proposal for a regulation
Article 52 – paragraph 1 – point b
Article 52 – paragraph 1 – point b
Amendment 501 #
2022/0402(CNS)
Proposal for a regulation
Article 52 – paragraph 1 – point e
Article 52 – paragraph 1 – point e
(e) the place and Member State where the parenthood of the child is registered;
Amendment 502 #
2022/0402(CNS)
Proposal for a regulation
Article 52 – paragraph 1 – point f
Article 52 – paragraph 1 – point f
(f) details concerning the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), sex, date and place of birth, nationality (if known), identification number (if applicable), address;
Amendment 503 #
2022/0402(CNS)
Proposal for a regulation
Article 52 – paragraph 1 – point h
Article 52 – paragraph 1 – point h
(h) details concerning each parent: surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number (if applicable), address;
Amendment 506 #
2022/0402(CNS)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. TWithout prejudice to Article 53a, the Certificate shall produce its effects in all Member States without any special procedure being required.
Amendment 508 #
2022/0402(CNS)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The Certificate shall be presumed to demonstrate accuratelycourts or competent authorities of the Member State to which the Certificate is submitted shall check ex officio that the Certificate reproduces the elements which have been established under the law applicable to the establishment of parenthood and that there are no grounds for refusal under Article 53a. The person mentioned in the Certificate as the child of a particular parent or parents shall be presumed to have the status mentioned in the Certificate.
Amendment 510 #
2022/0402(CNS)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The Certificate, once the ex officio check has been completed, shall constitute a valid document for the recording of parenthood in the relevant register of a Member State, without prejudice to point (i) of Article 3(2).
Amendment 512 #
2022/0402(CNS)
Proposal for a regulation
Article 53 a (new)
Article 53 a (new)
Article 53a Refusal of the Certificate 1. The effects of the Certificate may be refused if recognition of parenthood is manifestly contrary to the public policy of the Member State to which it is presented. 2. The previous paragraph shall be applied by the courts and other competent authorities of the Member State in observance of the fundamental rights and principles laid down in the Charter, in particular Article 3(2), point (c) thereof prohibiting the use of the human body and its parts as a source of financial gain, Article 5(3) thereof prohibiting trafficking in human beings and Article 21 thereof prohibiting discrimination.
Amendment 518 #
2022/0402(CNS)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The issuing authority shall, at the request of any person demonstrating a legitimate interest or, where this is possible under national law, of its own motion, modify or withdraw the Certificate where it has been established that the Certificate or individual elements thereof are not accurate. A person's legitimate interest shall be established in accordance with the procedural law of the issuing Member State.
Amendment 525 #
2022/0402(CNS)
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 2
Article 56 – paragraph 1 – subparagraph 2
Decisions taken by the issuing authority pursuant to Article 55 and point (a) of Article 57(1) may be challenged by any person demonstrating a legitimate interest. A person's legitimate interest shall be established in accordance with the procedural law of the issuing Member State.
Amendment 531 #
2022/0402(CNS)
Proposal for a regulation
Article 57 – paragraph 1 – point b a (new)
Article 57 – paragraph 1 – point b a (new)
(ba) the Member State to which the Certificate is submitted in accordance with Article 53a of this Regulation.
Amendment 532 #
2022/0402(CNS)
Proposal for a regulation
Article 57 – paragraph 1 – subparagraph 1 (new)
Article 57 – paragraph 1 – subparagraph 1 (new)
A person's legitimate interest shall be established in accordance with the procedural law of the issuing Member State.
Amendment 536 #
2022/0402(CNS)
Proposal for a regulation
Article 58 – paragraph 1 – point a
Article 58 – paragraph 1 – point a
(a) proceedings for a decision that there are no grounds for the refusal of recognition of a court decision or an authentic instrument with binding legal effect on parenthood, or proceedings for the refusal of recognition of a court decision or an authentic instrument with binding legal effect on parenthood;
Amendment 540 #
2022/0402(CNS)
Proposal for a regulation
Article 58 – paragraph 1 – point b
Article 58 – paragraph 1 – point b
(b) the application for, issuance, rectification, modification, withdrawal, refusal, suspension or redress procedures of the European Certificate of Parenthood.
Amendment 542 #
2022/0402(CNS)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Each Member StateThe Commission shall bear the costs of the installation, operation and maintenance of the decentralised IT system’s access points which are located on their territory of the Member States.
Amendment 543 #
2022/0402(CNS)
Proposal for a regulation
Article 61 – paragraph 3
Article 61 – paragraph 3
3. Member States shall not be prevented from applying for grants to support the activities referred to in paragraphs 1 and 2 under the relevant Union financial programmes.
Amendment 545 #
2022/0402(CNS)
Proposal for a regulation
Article 63
Article 63
Amendment 547 #
2022/0402(CNS)
Proposal for a regulation
Article 64
Article 64
Amendment 553 #
2022/0402(CNS)
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. The personal data required for the application of this Regulation shall be processed by Member State courts or other competent authorities for the purposes of the establishment of parenthood in cross- border situations and of the recognition of parenthood, in connection with the establishment of parenthood pursuant to Chapter II, the issuance of attestations pursuant to Articles 29, 37 and 4537, the issuance of a European Certificate of Parenthood pursuant to Article 51, the presentation of the documents for the recognition of parenthood pursuant to Article 26, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood pursuant to Article 25, or the application for refusal of recognition of parenthood pursuant to Article 32.
Amendment 556 #
2022/0402(CNS)
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
Amendment 559 #
2022/0402(CNS)
Proposal for a regulation
Article 69 – paragraph 3 a (new)
Article 69 – paragraph 3 a (new)
3a. Final court decisions and authentic instruments with binding legal effect issued after the date of the entry into force of this Regulation in the State of the court that established parenthood as a result of proceedings before this Regulation applied shall be recognised in accordance with this Regulation, on the condition that the rules applied to jurisdiction are in line with those in Chapter II of this Regulation;
Amendment 563 #
2022/0402(CNS)
Proposal for a regulation
Article 70 – paragraph 2 – point a
Article 70 – paragraph 2 – point a
(a) the number of applications for the refusal of recognition of a final court decision or of an authentic instrument establishing parenthood with binding legal effect in the Member State of origin pursuant to Article 32, and the number of cases in which the refusal of recognition was granted;
Amendment 566 #
2022/0402(CNS)
Proposal for a regulation
Article 70 – paragraph 2 – point c
Article 70 – paragraph 2 – point c
Amendment 569 #
2022/0402(CNS)
Proposal for a regulation
Article 71 – paragraph 1 – point a
Article 71 – paragraph 1 – point a
(a) the authorities empowered to draw up or register authentic instruments with binding legal effect in matters of parenthood as referred to in Article 4, point (6);
Amendment 570 #
2022/0402(CNS)
Proposal for a regulation
Article 71 – paragraph 1 – point b
Article 71 – paragraph 1 – point b
(b) the courts and authorities competent to issue attestations as referred to in Article 29, Article 37 and Article 4537, and the courts and authorities competent to rectify attestations as referred to in Article 38;
Amendment 571 #
2022/0402(CNS)
Proposal for a regulation
Article 71 – paragraph 1 – point c
Article 71 – paragraph 1 – point c
(c) the courts competent to deal with applications for a decision that there are no grounds for refusal of recognition in accordance with Article 25, and the courts competent to deal with applications for refusal of recognition in accordance with Article 32 and with appeals against final court decisions on such applications for refusal in accordance with Articles 33 and 34, respectively; and
Amendment 572 #
2022/0402(CNS)
Proposal for a regulation
Article 71 – paragraph 1 – point c
Article 71 – paragraph 1 – point c
(c) the courts competent to deal with applications for a decision that there are no grounds for refusal of recognition in accordance with Article 25, and the courts competent to deal with applications for refusal of recognition in accordance with Article 32 and with appeals against court decisions on such applications for refusal in accordance with Articles 33 and 34, respectively; and
Amendment 576 #
2022/0402(CNS)
Proposal for a regulation
Annex I – title
Annex I – title
ATTESTATION CONCERNING A FINAL COURT DECISION IN MATTERS OF PARENTHOOD
Amendment 577 #
2022/0402(CNS)
Proposal for a regulation
Annex I – subtitle
Annex I – subtitle
IMPORTANT To be issued, upon application by a party, with regard to a final court decision in matters of parenthood, by the court of the Member State of origin as communicated to the Commission pursuant to Article 71 of the Regulation.
Amendment 578 #
Amendment 579 #
2022/0402(CNS)
Proposal for a regulation
Annex I – point 5.6
Annex I – point 5.6
5.6. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 580 #
2022/0402(CNS)
Proposal for a regulation
Annex I – point 6.5
Annex I – point 6.5
6.5 Identity number or social security number (if applicable and available): *:………………………………….
Amendment 581 #
2022/0402(CNS)
Proposal for a regulation
Annex I – point 7.5
Annex I – point 7.5
7.5. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 582 #
2022/0402(CNS)
Proposal for a regulation
Annex I – point 9
Annex I – point 9
Amendment 585 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 2.1
Annex II – point 2.1
2.1. □ Article 6(a) of Regulation (EU) No 20XX/X (general jurisdiction - habitual residence of the child at the time the court is seisednational law)
Amendment 586 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 2.2
Annex II – point 2.2
Amendment 587 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 2.3
Annex II – point 2.3
Amendment 588 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 2.4
Annex II – point 2.4
Amendment 589 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 2.5
Annex II – point 2.5
Amendment 590 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 2.6
Annex II – point 2.6
Amendment 591 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 5
Annex II – point 5
5. Authentic instrument with binding legal effect
Amendment 592 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 5.1
Annex II – point 5.1
Amendment 593 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 5.2
Annex II – point 5.2
5.2. Reference number of the authentic instrument (if applicable)with binding legal effect*:
Amendment 594 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 5.4
Annex II – point 5.4
5.4. Date (dd/mm/yyyy) as of which the authentic instrument has binding legal effect in the Member State of origin*:
Amendment 596 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 6
Annex II – point 6
6. Child covered by the authentic instrument with binding legal effect
Amendment 597 #
Amendment 598 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 6.6
Annex II – point 6.6
6.6. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 599 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 7.5
Annex II – point 7.5
7.5. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 600 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 8.5
Annex II – point 8.5
8.5. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 606 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 3
Annex IV – point 3
3. Court or other competent authority which established parenthood with binding legal effect or which issued an authentic instrument with no binding legal effect but with evidentiary effects in the Member State of origin (to be completed ONLY if different from section 2)
Amendment 607 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 3.2.3
Annex IV – point 3.2.3
Amendment 608 #
Amendment 609 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 4
Annex IV – point 4
Amendment 610 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 4.6
Annex IV – point 4.6
4.6. Identification number*: _________________ 12 Please indicate the most relevant number if applicable.
Amendment 611 #
Amendment 612 #
Amendment 613 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 4.10
Annex IV – point 4.10
4.10. Place of registration of parenthood*:
Amendment 614 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 4.11
Annex IV – point 4.11
Amendment 615 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 5.5
Annex IV – point 5.5
5.5. Identification number*: _________________ 13 Please indicate the most relevant number if applicable.
Amendment 616 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 6.5
Annex IV – point 6.5
6.5. Identification number*: _________________ 14 Please indicate the most relevant number if applicable.
Amendment 617 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 7
Annex IV – point 7
7. Details concerning the representative of the applicant15 (to be completed only if the applicant is represented)
Amendment 618 #
Amendment 619 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 7.3.3
Annex IV – point 7.3.3
7.3.3. Date (dd/mm/yyyy) and place of registration*:
Amendment 620 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 8
Annex IV – point 8
8. Documents annexed to this application form* Court decision establishing parenthood Authentic instrument establishing parenthood with binding legal effect (for example, decision by an administrative authority, decision by a notary, decision by a registrar or act of registration by a registrar) Authentic instrument with no binding legal effect but with evidentiary effects in the Member State of origin (for example, a birth certificate)Final court decision establishing parenthood deleted
Amendment 624 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 2
Annex V – point 2
2. Court or other competent authority which established parenthood with binding legal effect (in a final court decision or an authentic instrument with binding legal effect) or which issued an authentic instrument with no binding legal effect but with evidentiary effects in the Member State of origin (to be completed ONLY if different from section 1)
Amendment 625 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 2.2.3
Annex V – point 2.2.3
Amendment 626 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 4
Annex V – point 4
4. Competence of the issuing authority (Article 48 of Council Regulation (EU) 20XX/X) The issuing authority is located in the Member State in which parenthood was established and whose courts have jurisdiction pursuant to:* 4.1. □ Article 6(a) of Regulation (EU) No 20XX/X (general jurisdiction - habitual residence of the child at the time the court is seised) 4.2. □ Article 6(b) of Regulation (EU) 20XX/X (general jurisdiction - nationality of the child at the time the court is seised) 4.3. □ Article 6(c) of Regulation (EU) 20XX/X (general jurisdiction - habitual residence of the respondent at the time the court is seised) 4.4. □ Article 6(d) of Regulation (EU) 20XX/X (general jurisdiction - habitual residence of one of the parents at the time the court is seised) 4.5. □ Article 6(e) of Regulation (EU) 20XX/X (general jurisdiction - birth of the child) 4.6. □ Article 7 of Regulation (EU) 20XX/X (presence of the child)national law) deleted deleted deleted deleted deleted 4.7. □ Article 9 of Regulation (EU) 20XX/X (forum necessitatis)
Amendment 627 #
Amendment 628 #
Amendment 629 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 5.6
Annex V – point 5.6
5.6. Identification number*: _________________ 15 Please indicate the most relevant number.
Amendment 630 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 5.9
Annex V – point 5.9
Amendment 631 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.1.5
Annex V – point 6.1.5
6.1.5. Identification number * _________________ 16 Please indicate the most relevant number.
Amendment 632 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.1.7.1
Annex V – point 6.1.7.1
6.1.7.1. Country* □ Belgium □ Bulgaria □ Czech Republic □ Germany □ Estonia □ Ireland □ Greece □ Spain □ France □ Croatia □ Italy □ Cyprus □ Latvia □ Lithuania □ Luxembourg □ Hungary □ Malta □ Netherlands □ Austria □ Poland □ Portugal □ Romania □ Slovenia □ Slovakia □ Finland □ Sweden □ Other (please specify ISO- code):…..…………………………..………… ………………………deleted
Amendment 633 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.1.7.2
Annex V – point 6.1.7.2
Amendment 634 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.1.7.2.1
Annex V – point 6.1.7.2.1
Amendment 635 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.1.7.2.2
Annex V – point 6.1.7.2.2
Amendment 636 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.1.7.2.3
Annex V – point 6.1.7.2.3
Amendment 637 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.1.7.2.4
Annex V – point 6.1.7.2.4
Amendment 638 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.2.5
Annex V – point 6.2.5
6.2.5. Identification number* _________________ 16 Please indicate the most relevant number.
Amendment 639 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.2.7.1
Annex V – point 6.2.7.1
Amendment 640 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.2.7.2
Annex V – point 6.2.7.2
Amendment 641 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.2.7.2.1
Annex V – point 6.2.7.2.1
Amendment 642 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.2.7.2.2
Annex V – point 6.2.7.2.2
Amendment 643 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.2.7.2.3
Annex V – point 6.2.7.2.3
Amendment 644 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 6.2.7.2.4
Annex V – point 6.2.7.2.4
Amendment 645 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 7.2.4
Annex V – point 7.2.4
7.2.4. Identification number* _________________ 19 Please indicate the most relevant number.
Amendment 646 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 7.3.4
Annex V – point 7.3.4
7.3.4. Surname(s) and given name(s) of person authorised to sign for the organisation:*
Amendment 276 #
2022/0196(COD)
Proposal for a regulation
–
–
– The European Parliament rejects the Commission proposal (The proposal is inconsistent with the principles of subsidiarity and proportionality.)
Amendment 284 #
2022/0196(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Treaty requires a high level of protection of human health and of the environment to be ensured in the definition and the implementation of all Union policies and activities and provides that Union policy on the environment is to aim at a high level of protection. The precautionary principle is set out in Article 191 of the Treaty, acknowledging that is already taken into account in of the authorisation procedure.
Amendment 319 #
2022/0196(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Commission Communication entitled ‘the European Green Deal’47 set out a roadmap of key measures, including legislative, to significantly reduce the use and risk of chemical pesticides. In the Farm to Fork Strategy48 , EU Biodiversity Strategy for 203049 and the Zero Pollution Action Plan50 , the Commission committed to take action to reduce by 50% the overall use and risk from chemical pesticides by 2030 and reduce by 50% the use of more hazardous pesticides (plant protection products containing one or more active substances approved as candidates for substitution in accordance with Article 24 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council51 and listed in Part E of the Annex to Commission Implementing Regulation (EU) No 540/201152 , or containing one or more active substances listed in the Annex to Commission Implementing Regulation (EU) 2015/40853 ) by 2030. The sustainable use of plant protection products is also complementary to the promotion of organic farming and achieving the Farm to Fork Strategy target of at least 25% of the Union’s agricultural land under organic farming by 2030. It supports the objectives of the EU strategic framework on health and safety at work54 and thereby contributes to the implementation of principle 10 of the European Pillar of Social Rights on a healthy, safe and well- adapted work environment. As plant breeding and seed production contribute to the overall reduction targets, through the marketing of resistant varieties and the supply of healthy seeds to the market, the above mentioned activities are exempt from the overall reduction targets. __________________ 47 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal COM/2019/640 final. 48 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system, COM/2020/381 final. 49 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, COM/2020/380 final. 50 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil', COM(2021) 400 final. 51 Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1). 52 Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1). 53 Commission Implementing Regulation (EU) 2015/408 of 11 March 2015 on implementing Article 80(7) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and establishing a list of candidates for substitution (OJ L 67, 12.3.2015, p. 18). 54 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, EU strategic framework on health and safety at work 2021-2027 Occupational safety and health in a changing world of work, COM/2021/323 final.
Amendment 336 #
2022/0196(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 338 #
2022/0196(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 342 #
2022/0196(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In their latest advice about the ECI “Save bees and farmers”, the EESC points out that many legislative acts are being prepared or have already been adopted by the Commission in favour of bees, pollinators, biodiversity, the sustainable use of pesticides, and support for farmers in the agro-ecological transition. It recognises, however, that these measures have not fully achieved their objectives. It therefore calls on the Commission to take additional measures to achieve its ambitious objectives more effectively in practice. For example, it recommends stronger support for precision agriculture, digital agriculture, biological control, and robotics, as well as agro-ecology. The EESC stresses the need to take into account all three pillars of sustainability (environmental, social and economic), without neglecting the economic situation, which is often overlooked, in an essential context of systemic sustainability and food sovereignty The EESC also calls on the Commission to carry out impact assessments before taking any decision, in order to assess, in particular, the costs of the initiative for agricultural production and the economy, compared to the financial cost of biodiversity loss for farmers.
Amendment 356 #
2022/0196(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Biological control agents are a sustainable controlis one type of alternative to the use of chemical products, to combine with other solutions like agronomic practices, genetics, innovative agricultural equipment, etc. for the control of harmful organisms. As noted in Council Decision (EU) 2021/110257 , biological control agents have a growing importance in sustainable agriculture and forestry and have an instrumental role to play in the success of integrated pest management and both organic, high-technological and conventional farming. Access to biological controls would facilitates moving away from chemical plant protection products and apply them as a last resort following the Integrated Pest Management (IPM) principles, including reduced use through precision farming techniques. It is appropriate to encourage farmers to switch to low input agricultural methods including organic farming. It is therefore appropriate to define the concept of biological control as a basis for Member States to set indicative targets to increase the percentage of crops on which biological control agents are used. __________________ 57 Council Decision (EU) 2021/1102 of 28 June 2021 requesting the Commission to submit a study on the Union’s situation and options regarding the introduction, evaluation, production, marketing and use of invertebrate biological control agents within the territory of the Union and a proposal, if appropriate in view of the outcomes of the study (OJ L 238, 6.7.2021, p. 81).
Amendment 379 #
2022/0196(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Since the European Commission presented the Green Deal, including the Farm to Fork Strategy in May 2020, numerous impact assessments have been conducted in order to measure the impact of the Commission proposals on European agriculture and food security in the Union. One of these studies, conducted by Wageningen University and Research, found that the proposed targets could lead to an average production decline of up to 20%12a. __________________ 12a https://www.wur.nl/en/research- results/research-institutes/economic- research/show-wecr/green-deal-probably- leads-to-lower-agricultural-yields.htm
Amendment 380 #
2022/0196(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
Amendment 384 #
2022/0196(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Given the different levels of historical progress and differences in intensity of pesticide use between Member States, it is necessary to allow Member States some flexibilityadaptation to farm realities in their National Strategic Plans when setting their own binguiding national targetreduction ambitions (“national 2030 reduction targets”). Intensity of use isand risk should best measured by dividing the total quantity of active substances placedthrough a scientifically justified formula, taking into account the particular conditions onf the mfarket, and therefore used, in the form of plant protems (e.g., technical and mechanical solutions to reduce risk should be taken into account; for closed farming systems, the impacti on products in a particular Member State by the surface area over which the active substances wethe environment is much lower and not related to sales, etc.) and the Member States (e.g., geography, climate, production methods, IPM measures applied. Intensity in th jointly with the possible use of csynthemtical pesticides, and in particular of the more hazardous pesticides, correlates with greater dependency on chemical pesticides, greater risks to human health and the environment and less sust when needed) and developing comparable usage indicators that would not rely on adaptation of sales data but on usage per unit of harvested product. Intensity in the use of synthetic and/or hazardous pesticides may depend on the avainlable farming pracility of alternaticves. It is therefore appropriate to allow Member States to take their lower intensity of or low-risk products and tools to be used instead. Availability of suitable alternatives allows farmers to use of csynthemtical pesticides than the Union average into account in setting their national 2030 reduction targets. It is also appropriate to require them to take their higher intensity of use of cas a last recourse following IPM principles. It is therefore appropriate to allow Member States to consider both the availability in the market of synthemtical pesticides than the Union average into account in sett, low-risk and non-synthetic tools for plant protection when designing their national 2030 reduction targets. In addition, in order to give recognition to past efforts by Member States, they should also be allowed to take into account historical progress prior to the adoption of the Farm to Fork Strategy when setting national 2030 reduction targets. Conversely, where Member States have increased, or made only limited reductions in, their use and risk of csynthemtical plant protection products, they should now make a greater contribution to the achievement of the Union 2030 reduction targets, while also taking account of their intensity and risk of pesticide use. In order to ensure a fair and collective effort towards the achievement of Union-wide targets and an adequate level of ambition, minimum limits should be laid down for national 2030 reduction targets. TMember States territories, including the EU’s outermost regions, as listed in Article 349 of the Treaty, are located in the Atlantic, Caribbean and Indian Ocean. Due to permanent constraints such as their remoteness to the European continent, insularity and high expo, should be allowed to take into account the specific needs of their different regions as regards the use of plant protection products and measures to climate change, it is appropriate to allow Member States to take into account the specific needs of these regions as regards the use of plant protection products and measures tailored to specific climatic conditions and cropailored to specific climatic conditions and crops. In some particular regions, tailored- measures should be further developed to cope with problems derived from remoteness, insularity and/or high exposure to climate change. This should allow a case-by-case decision-making process regarding the level of pesticide reduction targets in both EU continental and outermost regions. In order to ensure a fair and collective effort towards the achievement of Union-wide targets, where a Member State reaches the level of its 2030 national reduction target before 2030, it should not be required to undertake additional reduction efforts, but it should closely monitor annual fluctuations in the use and risk of csynthemtical plant protection products and in the use of more hazardous plant protection products to ensure progress towards meeting the respective 2030 national reduction target. In the interests of transparency, Member State responses to any Commission recommendations in relation to the level of ambition of national targets and the annual progress made towards them should be publicly accessible.
Amendment 403 #
2022/0196(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In its Staff Working Document on the Drivers of Food Security, the European Commission acknowledges that “Soil, water, biodiversity, and air are basic requirements for food production” and confirms how availability and access to food for consumers at reasonable prices are objectives that cannot be taken for granted.
Amendment 473 #
2022/0196(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) An approach to pest control that follows integrated pest management in ensuring careful consideration of all available means that discourage the development of populations of harmful organisms, while keeping the use of chemical plant protection products to levels that are economically and ecologically justified and minimising risks to human health and the environment is necessary for the protection of human health and the environment. ‘Integrated pest management’ emphasises the growth of a healthy crop with the least possible disruption to agro-ecosystems, encourages natural pest control mechanisms and uses chemical control only when all other control means are exhausted. To ensure that integrated pest management is implemented consistently on the ground, it is necessary to lay down clear rules in this Regulation. In order to comply with the obligation to follow integrated pest management, a professional user should consider and implement all methods and practices that avoid the use of plant protection products. Chemical plant protection products should only be used when there are no viable alternatives or all other control means have been exhausted. In order to ensure and monitor compliance with this requirement, it is important that professional users keep a record of the reasons why they apply plant protection products or the reasons for any other action taken in line with integrated pest management and of advice received in support of their implementation of integrated pest management from independent advisors. These records are also required for aerial applications.
Amendment 505 #
2022/0196(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) UImproper use of plant protection products may have particularly negative impacts in certain areas that are frequently used by the general public or by vulnerable groups, communities in which people live and work and ecologically sensitive areas, such as Natura 2000 sites protected in accordance with Directive 2009/147/EC of the European Parliament and of the Council67 and Council Directive 92/43/EEC68 , such as parks or urban areas and sports and leisure facilities, urban areas covered by a watercourse or water feature, to be defined at a case-by-case basis considering the particular conditions of each Member State. If plant protection products are used in areas used by the general public, the possibility of exposure of humans to such plant protection products is high. In order to protect human health and the environment, the use of plant protection products in sensitive areas and within 3 metres of such areas, should therefore be prohibited. Derogations from the prohibition should only be allowed under certain conditions and on a case-by-case basis. __________________ 67 Directive 2009/147/EC of the European Parliaor 1 meter when efficient drift control nozzles are used, should therefore be prohibited. If a physical buffer zone is already present, no addition buffer zones are needed. Exemptions and derogations from the prohibition should be foreseen for cases where the use of PPPs contributes to the achievement and of the Council of 30 November 2009overall objectives onf the conservation of wild birds (OJ L 20, 26.1.2010, p. 7). 68 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7)is Regulation, e.g. the use of PPPs in plant breeding and seed production to assure the supply of healthy commercial seed for farmers and growers compliant with EU Regulation 2016/2031 and specific standards laid down in the EU seed marketing legislation.
Amendment 584 #
2022/0196(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Statistical data on plant protection products collected in accordance with Regulation (EC) No 1185/2009 of the European Parliament and of the Council74 should be used in calculating these harmonised risk indicators based on real use of pesticides and progress towards achieving binguiding Union and national targets based on the Farm to Fork Strategy. Given that pesticide use fluctuates between years depending, in particular, on the weather, a three year baseline period is appropriate to take account of such fluctuationt least a ten year timespan should be considered to see the real usage trends in use of pesticides. The baseline period for the calculation of harmonised risk indicators 1 and 2 is 2011–2013, as this was the first three year period for which data was received by the Commission under Regulation (EC) No 1185/2009 and coincides with the entry into force of Directive 2009/128/EC. The baseline period for the calculation of progress towards the Union 2030 reduction targets is 2015–, therefore, 2011 – 20173, as this was the three most recent years for which data was available at the time of the announcement of the Farm to Fork Strategyin order to fully reflect and respect the achievements already made by European farmers. The baseline period for the calculation of a new harmonised risk indicator 2a is 2022–2024, as this will be the first three year period for which data on the areas treated under each authorisation for an emergency situation in plant protection will be available. __________________ 74 Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides (OJ L 324, 10.12.2009, p. 1).
Amendment 598 #
2022/0196(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) For the moment, the only robust statistical data available at Union level relating to the marketing and use of plant protection products are the statistics on the quantities of active substances in plant protection products placed on the market, and the data on the number of authorisations for emergency situations in plantThe EU Biodiversity Strategy for 2030 recognises the need for urgent action to protect biodiversity. There is evidence of a widespread reduction of species, in particular insects and pollinators, in the Union. Biodiversity loss is, amongst other factors such as decrease in livestock proteduction granted under Regulation (EC) No 1107/2009. Those statistics are used inor a deviation from the principles of the calirculation of harmonised risk indicators 1 and 2 under Directive 2009/128/EC and in calculating progress towards the binding Union 2030 reduction targets and national 2030 reduction targets bar economy, driven by the incorrect or redundant use of plant protection products. It is therefore essential to ensure that plant protection products are used oin the Farm to Fork Strategy. The new harmonised risk indicator 2a will be calculated using statistics on the number of authorisations for emergency situations in plant protection, the properties of the active substances in plant protection products subject to these authorisations, and the areas treated under these authorisations to better such a way as to mitigate the risk of harmful effects of such products on wildlife, through a number of measures including training, inspection of application equipment in professional use and protection of the aquantify the risks arising from authorisations for emergency situations in plant protectionc environment and sensitive areas.
Amendment 638 #
2022/0196(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 641 #
2022/0196(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to assess whether this Regulation reaches its objectives effectively and efficiently, is coherent and still relevant and provides added value at Union level the Commission should carry out an evaluation in 2027, with a special focus on the required points of the Council Decision (EU) 2022/2572 of 19 December 2022 by which the Commission has been requested to submit a study complementing the impact assessment of the proposal for a Regulation of the European Parliament and of the Council on the sustainable use of plant protection products, and amending Regulation (EU) 2021/2115 of the European Parliament and of the Council (‘SUR proposal’) of this Regulation.
Amendment 654 #
2022/0196(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The implementation of this Regulation by Member States will result in new and enhanced obligations for farmers and other pesticides users. Some of them constitute statutory management requirements and standards of good agricultural and environmental conditions of land as listed in Annex III to Regulation (EU) 2021/2115 of the European Parliament and of the Council78 , which, in accordance with that Regulation, farmers must comply with to receive CAP payments, whereas other requirements, which go beyond the baseline of mandatory requirements, may be rewarded with additional payments under voluntary regimes like eco-schemes pursuant to Article 31 of Regulation (EU) 2021/2115. Article 31(5), points (a) and (b), and Article 70(3), points (a) and (b), of Regulation (EU) 2021/2115 provide that the CAP funding is only available for practices implemented under an eco- scheme or agri-environmental-climate commitment which go beyond the relevant statutory management requirements and the standards of good agricultural and environmental conditions of land established under that Regulation and the relevant minimum requirements for the use of fertiliser and plant protection products, animal welfare, as well as other relevant mandatory requirements established by national and Union law. Since farmers and other users need to be financially supported in theirThe transition towards a more sustainable use of pesticides, Regulation (EU) 2021/2115 needs to be amended to allow the financing of requirements imposed in accordance with this Regulation during a transitional period. This exceptionallant protection products, at EU and Member State level must be financed through the Just Transition Fund. This will guarantee an adequate transition in an appropriate time span, allowing for medium- and long-term alternatives to be developed and deployed. No CAP funding should be used in this context. The option for Member States to provide additional funding for measures taken in implementing this Regulation should apply to any obligation for farmers and other users resulting from the application of this Regulation, including compulsory farming practices imposed by the crop-specific rules for integrated pest management. Further, pursuant to Article 73(5) of Regulation (EU) 2021/2115, investments by farmers to comply with new requirements imposed by Union law may be supported for a maximum of 24 months from the date on which they become mandatory for the holding. Similarly, aA longer transition period should be set out for investments complying with requirements imposed on farmers in accordance with this Regugoing beyond the provisions set in the current legislation. and Regulation (EU) 2021/2115 should therefore be amended accordingly. __________________ 78 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013, OJ L 435, 6.12.2021, p. 1.
Amendment 656 #
2022/0196(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The implementation of this Regulation by Member States will result in new and enhanced obligations for farmers and other pesticides users. Some of them constitute statutory management requirements and standards of good agricultural and environmental conditions of land as listed in Annex III to Regulation (EU) 2021/2115 of the European Parliament and of the Council78 , which, in accordance with that Regulation, farmers must comply with to receive CAP payments, whereas other requirements, which go beyond the baseline of mandatory requirements, may be rewarded with additional payments under voluntary regimes like eco-schemes pursuant to Article 31 of Regulation (EU) 2021/2115. Article 31(5), points (a) and (b), and Article 70(3), points (a) and (b), of Regulation (EU) 2021/2115 provide that the CAP funding is only available for practices implemented under an eco- scheme or agri-environmental-climate commitment which go beyond the relevant statutory management requirements and the standards of good agricultural and environmental conditions of land established under that Regulation and the relevant minimum requirements for the use of fertiliser and plant protection products, animal welfare, as well as other relevant mandatory requirements established by national and Union law. Since farmers and other users need to be financially supported in their transition toward a more sustainable use of pesticides, Regulation (EU) 2021/2115 needs to be amended to allow the financing of requirements imposed in accordance with this Regulation during a transitional periodit is necessary to provide access to new financial resources and also ensure that no CAP funding should be used in this context. This exceptional option for Member States to provide additional funding for measures taken in implementing this Regulation should apply to any obligation for farmers and other users resulting from the application of this Regulation, including compulsory farming practices imposed by the crop-specific rules for integrated pest management. Further, pursuant to Article 73(5) of Regulation (EU) 2021/2115, investments by farmers to comply with new requirements imposed by Union law may be supported for a maximum of 24 months from the date on which they become mandatory for the holding. Similarly, a longer transition period should be set out for investments complying with requirements imposed on farmers in accordance with this Regulation. Regulation (EU) 2021/2115 should therefore be amended accordingly. __________________ 78 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013, OJ L 435, 6.12.2021, p. 1.
Amendment 2142 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 2150 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point a
Article 18 – paragraph 3 – point a
Amendment 2153 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point b
Article 18 – paragraph 3 – point b
Amendment 2162 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 2164 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 2175 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 2183 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 7
Article 18 – paragraph 7
Amendment 2190 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 8
Article 18 – paragraph 8
Amendment 2288 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 2432 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 2446 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 4 – point c
Article 26 – paragraph 4 – point c
(c) precision farming techniques, including use of seed treatments, space data and services;
Amendment 2548 #
2022/0196(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point b
Article 30 – paragraph 1 – subparagraph 1 – point b
(b) use the central electronic register to receive and process third party entries regarding ownership, transfer of ownership, sale, withdrawal from use and return to use of application equipment in professional use, for recording and tracking purposes;
Amendment 2558 #
2022/0196(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
Where the designated competent authority does not carry out the inspection of application equipment in professional use, it shall designate one or more bodies to carry out such inspections, or develop a certification system to which inspection services must comply.
Amendment 2575 #
2022/0196(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The competent authority referred to in Article 30 or a body designated by it shall inspect application equipment in professional use every three years, starting from the date of first purchase. The competent authority shall ensure that there is sufficient staff, equipment and other resources necessary for the inspection of all application equipment due for inspection, within the three year cycle. The competent authority may develop a certification system enabling a fast implementation of inspections by service organisations compliant with the certification.
Amendment 2594 #
2022/0196(COD)
Proposal for a regulation
Article 31 – paragraph 10
Article 31 – paragraph 10
Amendment 2628 #
2022/0196(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point h
Article 33 – paragraph 2 – point h
(h) the nozzle type(s) present on the application equipment at the time of inspection, as well as any type of drift reduction equipment;
Amendment 2646 #
2022/0196(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The methodology for calculating progress towards achieving the two Union 2030 reduction targetcontributions and the two national 2030 reduction targets until and including 2030 is laid down in Annex I. This methodology shall be based on statistical data collected in accordance with Regulation (EC) No 1185/2009.
Amendment 2652 #
2022/0196(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Using the methodology set out in Annex I, the Commission shall calculate the results of progress towards achieving the two Union and two national 2030 reduction targetcontributions annually until and including 2030 and publish those results on the website referred to in Article 7.
Amendment 2661 #
2022/0196(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
Amendment 2700 #
2022/0196(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Member States may recover the costs related to carrying out their obligations under this Regulation by means of fees or charges. No additional levy or tax on plant protection products shall be imposed.
Amendment 2756 #
2022/0196(COD)
Proposal for a regulation
Annex I – paragraph 1 – introductory part
Annex I – paragraph 1 – introductory part
This Regulation is the instrument used to achieve the pesticide reduction targets contained in the Farm to Fork Strategy by requiring each Member State to contribute to achieving by 2030 a 50 % Union-wide reduction of both the use and risk of chemical plant protection products (‘Union 2030 reduction target 1’) and the use of more hazardous plant protection products (‘Union 2030 reduction target 2’). This Regulation also regulates the contribution of each Member State to these Union targets. Each Member State contribution, set in the form of a national target, to Union 2030 reduction target 1 is referred to as a ‘national 2030 reduction target 1’, while a Member State contribution to Union 2030 reduction target 2 is referred to as a ‘national 2030 reduction target 2’. The methodology for calculating progress towards achieving these targets is set out below:
Amendment 142 #
2022/0134(COD)
Proposal for a directive
Recital 8
Recital 8
(8) To prevent the risk of abusive acquisition of EU long-term resident status, Member States should ensure that the requirement of legal and continuous residence is duly monitored for all categories of third-country nationals. This risk is particularly relevant forMoreover, this Directive should not apply to those third- country nationals who hold a residence permit granted on the basis of any kind of investment in a Member State, as the issue of these residence permits is not always subject to the requirement of continuous physical presence in the Member State or is merely subject to the requirement of the investors’ presence in the Member State for a limited time. To prevent this risk, Member States should strengthen checks on the requirement of legal and continuous residence with particular regard to applications for EU long-term resident status submitted by third-country nationals who residsuch as capital transfers, purchase or renting of property, investment in government bonds, investment in corporate entities, donation or endowment of an activity contributing to the public good and contributions to the state budget, as the issue of these residence permits is not always subject to the requirement of continuous physical presence in athe Member State in exchange of any kind of investment, such as capital transfers, purchase or renting of property, investment in government bonds, investment in corporate entities, donation or endowment of an activity contributing to the public good and contributions to the state budgetor is merely subject to the requirement of the investors’ presence in the Member State for a limited time.
Amendment 152 #
2022/0134(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To acquire EU long-term resident status, third-country nationals should prove that they have adequate resources and sickness insurance, to avoid becoming a burden for the Member State. Member States may indicate a certain sum as a reference amount, but theyand may notalso impose a minimum income level, below which all applications for EU long-term resident status would be refused, irrespective ofbut shall in any case carry out an actual examination of the situation of each applicant, taking account of all the circumstances of the case in their decision. When making an assessment of the possession of stable and regular resources, Member States may take into account factors such as contributions to the pension system and fulfilment of tax obligations. The concept of ‘resources’ should not concern solely the ‘own resources’ of the applicant for EU long- term resident status, but may also cover the resources made available to that applicant by a third party provided that, in the light of the individual circumstances of the applicant concerned, they are considered to be stable, regular and sufficient. , and that the resources are proven not to originate from illegal activities of any kind, such as the circumvention of domestic or international embargoes, and money or asset laundering.
Amendment 162 #
2022/0134(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Member States should be able to require applicants for EU long-term resident status to comply with integration conditions, for example by requiring them to pass a civic integration or language examination. However, the means for implementing this requirement should not be liable to jeopardiseconstitute a disproportionate obstacle to the objective of promoting the integration of third-country nationals, having regard, in particular, to the level of knowledge required to pass a civic integration examination, to the accessibility of the courses and material necessary to prepare for that examination, to the amount of fees applicable to third- country nationals as registration fees to sit that examination, or to the consideration of specific individual circumstances, such as age, illiteracy or level of education.
Amendment 170 #
2022/0134(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to promote circular migration of EU long-term residents, in particular to allow them to invest in their countries of origin and share the knowledge and skills acquired in the Union, as well as to return temporarily to their countries of origin for personal and family circumstances, EU long-term residents should be allowed to be absent from the territory of the Union for up to 124 consecutive months without losing their EU long-term resident status. In case of longer absences, Member States should establish a facilitated procedure for the re- acquisition of the EU long-term resident status.
Amendment 190 #
2022/0134(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 200 #
2022/0134(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Member States should ensure a level playing field between EU long-term residence permits and national residence permits of permanent or unlimited validity, in terms of procedural and equal treatment rights, procedures and access to information. In particular, Member States should ensure that the level of procedural safeguards and rights granted to EU long- term residents and their family members is not lower than the level of procedural safeguards and rights enjoyed by holders of national residence permits of permanent or unlimited validity. Member States should also ensure that applicants for an EU long- term residence permit are not required to pay higher fees for the processing of their application than applicants for national residence permits. Finally, Member States should engage in the same level of information, promotion and advertisement activities with respect to the EU long-term residence permit as they do for national residence permits of permanent or unlimited validity, for example with regard to information on national websites on legal migration and information campaigns, and training programmes provided to the competent migration authorities.
Amendment 226 #
2022/0134(COD)
Proposal for a directive
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(aa) reside in a Member State only by virtue of a residence permit granted on the basis of any kind of investment in a Member State;
Amendment 242 #
2022/0134(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall establish appropriate control mechanisms to ensure that the requirement of legal and continuous residence is duly monitored, with particular regard to applications submitted by third-country nationals holding and/or having held a residence permit granted on the basis of any kind of investment in a Member State.
Amendment 259 #
2022/0134(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. For the purpose of paragraph 1, point (a), Member States shall evaluate the stable and regular resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions prior to the application for long-term resident status. Member States mayshall indicate a certain sum as a reference amount, but theyand may not impose a minimum income level, below which all applications for EU long-term resident status would be refused, irrespective ofbut shall carry out an actual examination of the situation pertaining tof each applicant. In addition, it should be verified whether the stable and regular resources from a third party originate from illegal or irregular activities, such as the circumvention of domestic or international embargoes, money laundering or tax avoidance.
Amendment 286 #
2022/0134(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Where the documents presented or information provided in support of the application are inadequate or incomplete, the competent authorities shall notify the applicant of the additional documents or information that are required and shall set a reasonable deadline for presenting or providing them. The period referred to in the first subparagraph shall be suspended until the authorities have received the additional documents or information required. If the additional documents or information required have not been provided within that deadline, the application mayshall be rejected.
Amendment 287 #
2022/0134(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Where an application for an EU long-term resident permit concerns a third- country national who holds a national residence permit issued by the same Member State in accordance with Article 14, that Member State shall not require the applicant to give evidence of the conditions provided for in Article 5(1) and (2), if the compliance with those conditions was already verified in the context of the application for the national residence permit unless there has been a substantial change in the circumstances with regard to those prevailing at the time of the initial verification.
Amendment 298 #
2022/0134(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) in the event of absence from the territory of the Union for a period of 124 consecutive months.
Amendment 303 #
2022/0134(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. By way of derogation from paragraph 1, point (c), Member States may provide that absences for specific or exceptional reasons exceeding 124 consecutive months shall not entail withdrawal or loss of status.
Amendment 305 #
2022/0134(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States may provide that the EU long-term resident shall no longer be entitled to maintain his/her EU long- term resident status in cases where he/she constitutes a threat to public policy, in consideration of the seriousness of the offences he/she committed, but such threat is not a reason for ending his/her legal stay within the meaning of Article 13.
Amendment 319 #
2022/0134(COD)
Proposal for a directive
Article 9 – paragraph 8
Article 9 – paragraph 8
8. Where the withdrawal or loss of EU long-term resident status does not lead to the ending of the legal stay , the Member State shall authorise the person concerned to remain in its territory if he/she fulfils the conditions provided for in its national legislation and/or if he/she does not constitute a threat to public policy or public security.
Amendment 334 #
2022/0134(COD)
Proposal for a directive
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
(f) access to goods and services and the supply of goods and services made available to the public , including access to private housing, and to procedures for obtaining public housing;
Amendment 336 #
2022/0134(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. With respect to the provisions of paragraph 1, points (b), (d), (e), (f) and (g), the Member State concerned may restrict equal treatment to cases where the registered or usual place of residence of the EU long-term resident, or that of family members for whom he/she claims benefits, lies within the territory of the Member State concerned.
Amendment 339 #
2022/0134(COD)
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. Member States may limit equal treatment in respect of social assistance and social protection to core benefits.
Amendment 360 #
2022/0134(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The children of an EU long-term resident who are born or adopted in the territory of the Member State that issued him/her the EU long-term residence permit shall acquire EU long-term resident status automatically, without being subject to the conditions set out in Articles 4 and 5. The EU long-term resident shall lodge an application with the competent authorities of the Member State in which he/she resides to obtain the EU long-term resident permit for his/her child. In case of adoptions, to automatically obtain the EU long-term resident status, it shall be required that the person has never resided irregularly in any Member State.
Amendment 372 #
2022/0134(COD)
Proposal for a directive
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5a. If it is established that an adoption was for the sole purpose of the obtaining long-term resident status for the adoptee in breach of the law, the long-term resident’s legal stay shall be terminated and removal procedures shall be initiated, without prejudice to the right to administrative remedies provided for in this Directive.
Amendment 414 #
2022/0134(COD)
Proposal for a directive
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. Until the third-country national has obtained EU long-term resident status, the second Member State may decide to refuse to renew or to withdraw the resident permit and to oblige the person concerned and his/her family members, in accordance with the procedures provided for by national law, including removal procedures, to leave its territory in the following cases:
Amendment 417 #
2022/0134(COD)
Proposal for a directive
Article 25 – paragraph 1 – point b a (new)
Article 25 – paragraph 1 – point b a (new)
(ba) where the third country national is not lawfully residing in the Member State concerned.
Amendment 418 #
2022/0134(COD)
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
Amendment 52 #
2022/0117(COD)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts itsRejects the position at first reading hereinafter set out;
Amendment 56 #
Amendment 71 #
2022/0117(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5 a) Notes that journalists have the right and duty to convey information as accurately as possible, reducing, limiting and eliminating its manipulation, especially when it is motivated by a partisan or ideological vision.
Amendment 77 #
2022/0117(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Human rights defenders also play an important role in European democracies, especially in upholding fundamental rights, democratic values, social inclusion, environmental protection and the rule of law. They should be able to participate actively in public life and make their voice heard on policy matters and in decision-making processes without fear of intimidation. Human rights defenders refer to individuals or organisations engaged in defending fundamental rights and a variety of other rights, such as environmental and climate rights, women’s rights, LGBTIQ rights, the rights of the people with a minority racial or ethnic backgroundmen's and women’s rights, the rights of minorities, labour rights or religious and ideological freedoms. Other participants in public debate, such as academics and researchers, or representatives of political parties also deserve adequate protection.
Amendment 84 #
2022/0117(COD)
Proposal for a directive
Recital 8
Recital 8
(8) A healthy and thriving democracy requires that people are able to participate actively in public debate without undue interference by publicgovernment authority or other powerful actors, be they domestic or foreign. In order to secure meaningful participation, people should be able to access reliable, truthful and unmanipulated information, which enables them to form their own opinions and exercise their own judgement in a public space in which different views can be expressed freely.
Amendment 92 #
2022/0117(COD)
Proposal for a directive
Recital 10
Recital 10
(10) SLAPPs are typically initiated by powerful entities, for example individuals, lobby groups, corporations and European and foreign state organs. They often involve an imbalance of power between the parties, with the claimant having a more powerful financial or political position than the defendant. Although not being an indispensable component of such cases, where present, an imbalance of power significantly increases the harmful effects as well as the chilling effects of court proceedings against public participation.
Amendment 107 #
2022/0117(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The Directive does not apply to claims arising out of liability of the State for actions or omissions in the exercise of State authority (acta iure imperii) and claims against officials who act on behalf of the State and liability for acts of public authorities, including liability of publicly appointed office-holders, nor to those relating to corruption or misappropriation of public funds.
Amendment 117 #
2022/0117(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The notion of a matter of public interest should include also quality, safety or other relevant aspects of goods, products or services where such matters are relevant to public health, safety, the environment, climate or enjoyment of fundamental rights. A purely individual dispute between a consumer and a manufacturer or a service provider concerning a good, product or service should be covered only when the matter contains an element of public interest, for instance concerning a product or service which fails to comply with environmental or safety standards.
Amendment 125 #
2022/0117(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20 a) Not all legal actions against natural or legal persons engaging in acts of public participation relating to matters of public interest should be considered SLAPPs; in order to avoid impunity for these actors, it is necessary that there be quantitative or qualitative evidence that may give cause for their categorisation as SLAPPs.
Amendment 128 #
2022/0117(COD)
Proposal for a directive
Recital 21
Recital 21
(21) A potential cross-border dimension of SLAPPs adds to the complexity and challenges faced by defendants, as they may need to deal with proceedings in other jurisdictions, sometimes in multiple jurisdictions at the same time. This, in turn, results in additional costs and burdens with even more adverse consequences.
Amendment 147 #
2022/0117(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Costs should include all costs of the proceedings, including the full costs of legal representation incurred by the defendant unless such costs are excessive. Costs of legal representation exceeding amounts laid down in statutory fee tables should not be considered as excessive per se. Full compensation of damages should include both material and immaterial damages, such as physical and psychological harmshall be subject to the laws of each of the Member States as regards the rules on recognition, amounts and procedures.
Amendment 158 #
2022/0117(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 178 #
2022/0117(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive shall apply to matters of a civil or commercial nature with cross- border implications, whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters or the liability of the State for acts and omissions in the exercise of State authority (acta iure imperii). This Directive shall not apply in the cases provided for in Article 1(2)(g) of Regulation 864/2007 of 11 July 2007 on the law applicable to non-contractual obligations (Rome II).
Amendment 190 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a
Article 3 – paragraph 1 – point 2 – point a
(a) public health, safety, the environment, climate or enjoyment of fundamental rights;
Amendment 194 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e
Article 3 – paragraph 1 – point 2 – point e
Amendment 213 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point b
Article 3 – paragraph 1 – point 3 – point b
(b) the existence of multiple baseless proceedings initiated by the claimant or associated parties in relation to similar matters;
Amendment 223 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
3a. 'damage' means that set out under Article 2(1) of Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)
Amendment 243 #
2022/0117(COD)
Proposal for a directive
Article 7
Article 7
Amendment 247 #
2022/0117(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that a court or tribunal seised of court proceedings against public participation may accept that non- governmental organisationentities safeguarding or promoting the rights of persons engaging in public participation, trade unions or political parties may take part in those proceedings, either in support of the defendant or to provide information.
Amendment 250 #
2022/0117(COD)
Proposal for a directive
Article 8
Article 8
Amendment 253 #
2022/0117(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member states shall ensure that in court proceedings against public participation, the court or tribunal seised has the power to require the claimant to provide security for procedural costs, or for procedural costs and damages, if it considers such security appropriate in view of presence of elements indicating abusive court proceedings where there is clear evidence.
Amendment 269 #
2022/0117(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Political parties Member States shall ensure that actions brought by political parties cannot be regarded by the judicial authority as abusive lawsuits against public participation in view of their status as entities of special public interest, except in cases where there is clear evidence of such intent as defined in this Directive.
Amendment 274 #
2022/0117(COD)
Member States shall ensure that an application for early dismissal is treated in an accelerated procedure in accordance with the applicable national legislation, taking into account the circumstances of the case and the right to an effective remedy and the right to a fair trial.
Amendment 279 #
2022/0117(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that where a defendant has applied for early dismissal, it shall be for the claimant to prove that the claim is not manifestly unfounded, except where clear evidence is already known.
Amendment 285 #
2022/0117(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that a decision refusing or granting early dismissal pursuant to Article 9 is subject to an appeal in accordance with the national legislation applicable.
Amendment 289 #
2022/0117(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall take the necessary measures to ensure that a claimant who has brought abusive court proceedings against public participation can, in accordance with the national legislation applicable, be ordered to bear all the costs of the proceedings, including the full costs of legal representation incurred by the defendant, unless such costs are excessive.
Amendment 297 #
2022/0117(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall, in accordance with the national legislation applicable, take the necessary measures to ensure that a natural or legal person who has suffered harm as a result of an abusive court proceedings against public participation is able to claim and to obtain full compensation for that harm.
Amendment 309 #
2022/0117(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall ensure that, where abusive court proceedings on account of engagement in public participation have been brought in a court or tribunal of a third country against a natural or legal person domiciled in a Member State, that person may seek, in the courts or tribunals of the place where he is domiciled, compensation of the damages and the costs incurred in connection with the proceedings before the court or tribunal of the third country, irrespective of the domicile of the claimant in the proceedings in the third country in the event that the authorities of the third country do not permit such action, provided that this is supported by credible evidence regarding the national law of the third country.
Amendment 67 #
2022/0089(COD)
(39) The procedures for registration, amendment and cancellation of geographical indications, including the scrutiny and the opposition procedure, should be carried out in the most efficient way. This can be achieved by using the assistance for the scrutiny of the applications provided by the European Union Intellectual Property Office (EUIPO). While a partial outsourcing to EUIPO has been considered, the Commission would remain responsible for registration, amendment and cancellation, due to a strong relation with the Common Agricultural Policy and to the expertise needed to ensure that specificities of wine, spirit drinks and agricultural products are adequately assessed.
Amendment 77 #
2022/0089(COD)
Proposal for a regulation
Recital 40
Recital 40
Amendment 86 #
2022/0089(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of defining sustainability standards and laying down criteria for the recognition of existing sustainability standards; clarifying or adding items to be supplied as part of accompanying information; entrusting the EUIPO with the tasks related to scrutiny for opposition and the opposition procedure, operation of the register, publication of standard amendments to a product specification, consultation in the context of cancellation procedure, establishment and management of an alert system informing applicants about the availability of their geographical indication as a domain name, scrutiny of third country geographical indications other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications34, proposed for protection pursuant to international negotiations or international agreements; establishing appropriate criteria for monitoring performance of the EUIPO in the execution of the tasks entrusted to it; laying down additional rules on the use of geographical indications to identifying ingredients in processed products; laying down additional rules for determining the generic status of terms; establishing the restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin; establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules for determining the use of the denomination of a plant variety or of an animal breed; laying down rules which limit the information contained in the product specification for geographical indications and traditional specialities guaranteed; laying down further details of the eligibility criteria for traditional specialities guaranteed; laying down additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies; laying down additional rules to further detail protection of traditional specialities guaranteed; laying down for traditional specialities guaranteed additional rules for determining the generic status of terms, conditions for use of plant variety and animal breed denominations, and relation to intellectual property rights; defining additional rules for joint applications concerning more than one national territory and complementing the rules of the application process for traditional specialities guaranteed guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules regarding the cancellation process for traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term ‘mountain product’ and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making35. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 34 https://www.wipo.int/publications/en/detai ls.jsp?id=3983 35 OJ L 123, 12.5.2016, p. 1.
Amendment 113 #
2022/0089(COD)
Proposal for a regulation
Article 9 – paragraph 7
Article 9 – paragraph 7
7. The Member State shall ensure that its decision, be it favourable or not, is made public and that any natural or legal person having a legitimate interest has an opportunity to lodge an appeal. The Member State shall also ensure that the product specification on which its favourable decision is based is published, and shall provide electronic access to the product specification.
Amendment 115 #
2022/0089(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. A Member State may, on a temporary basis, grant transitional protection to a name at national level, with effect from the date on which a Union application for registration is lodged with the Commission. Protection shall be granted by the competent national authority and not by local or regional authorities.
Amendment 139 #
2022/0089(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Scrutiny shouldall not exceed a period of 6six months. In the event that the scrutiny period exceeds or is likely to exceed 6it by no more than three months the Commission shall inform the applicant of the reasons for the delay in writing.
Amendment 173 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall check and verify the admissibility of the opposition. If the Commission considers that the opposition is admissible, it shall, within 5 months from the date of publication in the Official Journal of the European Union invite the authority or the person that lodged the opposition and the authority or the applicant producer group that lodged the application to engage in appropriate consultations for a reasonable period that shall not exceed 3 months. At any time during that period, the Commission may, at the request of the authority or the applicant producer group, extend the deadline for the consultations by a maximum of 3 months.
Amendment 178 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 9
Article 19 – paragraph 9
9. After completion of the opposition procedure, the Commission shall finalise its assessment of the Union application for registration, taking into account any request for transitional periods, the outcome of the opposition procedure, any notice of comments received and any other matters arising subsequently to its scrutiny that may imply a change of the single document.
Amendment 179 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
Amendment 212 #
2022/0089(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. The Union register referred to in paragraph 1 shall be developed, updated and maintained by the EUIPO in order to manage the geographical indications to which this Regulation applies.
Amendment 230 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A recognised producer group and, exceptionally, other producer groups having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 247 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
6. Union amendments shall be analysed and approved by the Commission. The approval procedure shall follow, mutatis mutandis, the procedure laid down from Article 8 to Article 22.
Amendment 257 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 9
Article 25 – paragraph 9
9. Standard amendments shall be approved and assessed by Member States or third countries in whose territory the geographical area of the product concerned is located and communicated to the Commission. The Commission shall make those amendments public.
Amendment 259 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
Amendment 277 #
2022/0089(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 290 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are comparable to the products registered under that name or where use of a name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected name, including the use of those products as ingredients;
Amendment 298 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 304 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 4 – point a a (new)
Article 27 – paragraph 4 – point a a (new)
Amendment 315 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 7 a (new)
Article 27 – paragraph 7 a (new)
7a. Member States shall ensure effective administrative and judicial protection of protected designations of origin and geographical indications referred to in paragraph 1 of this Regulation insofar as they are produced or marketed in a Member State. Member States shall designate, where appropriate, the competent national authorities for ensuring implementation of the procedures established at national level in order to prevent any initiative or action involving unlawful use of protected geographical indications.
Amendment 316 #
2022/0089(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article 27a Where a recognised geographical indication is split up or renounced, on a voluntary basis, the national authorities of the Member State concerned shall be competent to take measures to prevent unlawful exploitation of the name or reputation of the pre-existing geographical indication and any action giving rise to unfair competition. For any new indication that may result from the splitting up of an existing indication, wording linked to the original geographical indication may not be used on the new label. That ban shall apply on on national, EU and non-EU markets. The geographical demarcation of a new indication resulting from splitting up into an existing and recognised indication shall not match up with areas coming under the existing indication. The Member State concerned shall not allow double registrations that might cause confusion for consumers and harm the image of existing geographical indications.
Amendment 318 #
2022/0089(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The geographical indication designating a product ingredient shall not be used in the food name of the related processed product, except in cases of an agreement with a producer group representing two thirds ofin writing with the producers group.
Amendment 320 #
2022/0089(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 322 #
2022/0089(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 328 #
2022/0089(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. A producer group shall be set up on the initiative of interested stakeholders, including farmers, farm suppliers, intermediate processors and final processors, as specified by the national authorities and according to the nature of the product concerned. Member States shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the works of the producer group.
Amendment 339 #
2022/0089(COD)
2. A producer group may be designated as recognised producer group subject to a prior agreement concluded between at least two-thirds of the minimum number of producers of the product bearing a geographical indication, accounting for at least two-thirds of the production of, in accordance with the provisions of the Member State concerned, for a minimum production volume or value for that product in the geographical area referred to in the product specification. As an exception, an authority, as referred to in Article 8(2), and a single producer, as referred to in Article 8(3), shall be deemed to be a recognised producer group.
Amendment 364 #
2022/0089(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point a
Article 37 – paragraph 1 – point a
(a) a symbol identifying protected designations of origin of wine and of agricultural products; and
Amendment 366 #
2022/0089(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point b
Article 37 – paragraph 1 – point b
(b) a symbol identifying protected geographical indications of wine and of agricultural products and geographical indications of spirit drinks.
Amendment 368 #
2022/0089(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. By way of derogation from paragraph (2), in the case of wine and spirit drinks originating in the Union that are marketed under a geographical indication, Union symbols may be omitted from the labelling and advertising material of the product concerned.
Amendment 370 #
2022/0089(COD)
Proposal for a regulation
Article 37 – paragraph 5 – subparagraph 1
Article 37 – paragraph 5 – subparagraph 1
Where wine, agricultural products or spirit drinks are designated by a geographical indication the indications ‘protected designation of origin’ or ‘protected geographical indication’ shall appear on the labelling of wine, the indications ‘protected designation of origin’ or ‘protected geographical indication’ may appear on the labelling of agricultural products and the indication ‘geographical indication’ may appear on the labelling of spirit drinks, respectively.
Amendment 388 #
2022/0089(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 397 #
2022/0089(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
Amendment 409 #
2022/0089(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
Amendment 59 #
2022/0068(COD)
5 a. The Commission shall obtain the agreement of the Kingdom of Spain on any measure adopted under this Regulation, either when it affects Gibraltar, or when the need to exercise the Union rights in implementing and enforcing the Withdrawal Agreement is related to Gibraltar.
Amendment 180 #
Amendment 181 #
2022/0066(COD)
Draft legislative resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to Article 5 of the Treaty on European Union,
Amendment 266 #
2022/0051(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) As there is a very high standard regarding human rights and the environment in the EU, with existing legally binding frameworks, EU-based companies should be understood to act in accordance with existing national and EU law. Therefore, supply chains within the EU should be exempted from the directive and European companies should apply this directive only for operations outside the EU in the sectors posing the highest risks.
Amendment 267 #
2022/0051(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) The duty of due diligence within the EU should apply only to activities carried out by companies established in third countries.
Amendment 271 #
2022/0051(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) In its legislative activities, the EU must prioritise both employment protection in Europe and the competitiveness of its companies, especially in view of their difficulties in accessing raw materials and energy sources at competitive prices.’
Amendment 275 #
2022/0051(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Existing international standards on responsible business conduct specify that companies should protect human rights and set out how they should address the protection of the environment across their operations and value chains. The United Nations Guiding Principles on Business and Human Rights79 which are not binding for EU businesses, recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. _________________ 79 Guiding Principles on Business and Human Rights: United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework” (2011), available at https://www.ohchr.org/Documents/Publicat ions/GuidingPrinciplesBusinessHR_EN.pd f.
Amendment 276 #
2022/0051(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Existing international standards on responsible business conduct specify that companies should protect human rights and set out how they should address the protection of the environment across their operations and valuesupply chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. _________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
Amendment 277 #
2022/0051(COD)
Proposal for a directive
Recital 6
Recital 6
Amendment 279 #
2022/0051(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 282 #
2022/0051(COD)
Proposal for a directive
Recital 8
Recital 8
Amendment 287 #
2022/0051(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In the European Climate Law86, the Union also legally committed to becoming climate-neutral by 2050 and to reducing emissions by at least 55% by 2030. Both these commitments require changing the way in which companies produce and procure. The Commission’s 2030 Climate Target Plan87 models various degrees of emission reductions required from different economic sectors, though all need to see considerable reductions under all scenarios for the Union to meet its climate objectives. The Plan also underlines that “changes in corporate governance rules and practices, including on sustainable finance, will make company owners and managers prioritise sustainability objectives in their actions and strategies.” The 2019 Communication on the European Green Deal88 sets out that all Union actions and policies should pull together to help the Union achieve a successful and just transition towards a sustainable future. It also sets out that sustainability should be further embedded into the corporate governance framework. _________________ 86 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) PE/27/2021/REV/1 (OJ L 243, 9.7.2021, p. 1). 87 SWD/2020/176 final. 88 COM/2019/640 final.
Amendment 291 #
2022/0051(COD)
Proposal for a directive
Recital 10
Recital 10
Amendment 297 #
2022/0051(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Environmental sustainability must be developed together with economic and social sustainability. In pursuing action in this area, the European Union must give priority to joint research and technological development, while limiting any new proposals that increase the bureaucratic, administrative or economic burden on EU businesses.
Amendment 300 #
2022/0051(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The European Parliament, in its resolution of 10 March 2021 calls upon the Commission to propose Union rules for a comprehensive corporate due diligence obligation100. The Council Conclusions on Human Rights and Decent Work in Global Supply Chains of 1 December 2020 called upon the Commission to table a proposal for a Union legal framework on sustainable corporate governance, including cross- sector corporate due diligence obligations along global supply chains101. The European Parliament also calls for clarifying directors` duties in its own initiative report adopted on 2 December 2020 on sustainable corporate governance. In their Joint Declaration on EU Legislative Priorities for 2022102, the European Parliament, the Council of the European Union and the Commission have committed, to deliver on an economy that works for people, and to improve the regulatory framework on sustainable corporate governance. _________________ 100 European Parliament resolution of 10 March 2021 with recommendations to the Commission on corporate due diligence and corporate accountability (2020/2129(INL)), P9_TA(2021)0073, available at https://oeil.secure.europarl.europa.eu/oeil/p opups/ficheprocedure.do?lang=en&referen ce=2020/2129(INL). 101 Council Conclusions on Human Rights and Decent Work in Global Supply Chains, 1 December 2020 (13512/20). 102 Joint declaration of the European Parliament, the Council of the European Union and the European Commission on EU Legislative Priorities for 2022, available at https://ec.europa.eu/info/sites/default/files /joint_declaration_2022.pdf.
Amendment 302 #
2022/0051(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potentialforeseeable, based on the state of knowledge, or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and valuesupply chains.
Amendment 306 #
2022/0051(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and value chains.supply chains. (This amendment applies throughout the text and is related to the amendment of the definition in Article 3(1), point (g). Adopting it will necessitate corresponding changes throughout.)
Amendment 314 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships throughout their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s valuesupply chain, sector or geographical area in which its valuesupply chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 315 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships throughout their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company mightis not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s valuesupply chain, sector or geographical area in which its valuesupply chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 316 #
2022/0051(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The due diligence process set out in this Directive should cover the six steps defined by the OECD Due Diligence Guidance for Responsible Business Conduct, which include due diligence measures for companies to identify and address adverse human rights and environmental impacts. This encompasses the following steps: (1) integrating due diligence into policies and management systems, (2) identifying and assessing adverse human rights and environmental impacts, (3) preventing, ceasing or minimising actual and potential, based on the state of knowledge, foreseeable adverse human rights, and environmental impacts, (4) assessing the effectiveness of measures, (5) communicating, (6) providing remediation.
Amendment 320 #
2022/0051(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Adverse human rights and environmental impact occur in companies’ own operations, subsidiaries, products, and in their valuesupply chains, in particular outside of the EU at the level of raw material sourcing, manufacturing, or at the level of product or waste disposal. In order for the due diligence to have a meaningful impact, it should cover human rights and environmental adverse impacts generated throughout the life-cycle of production and use and disposal of product or provision of services, at the level of own operations, subsidiaries and in value chains.
Amendment 324 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The valuesupply chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct athose operations or services with third parties following the conclusion of a bind indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfillingg legal contract by which the company obtains the material, capital or service necessary to commercialise its corporate purpose.
Amendment 327 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The valuesupply chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
Amendment 338 #
2022/0051(COD)
Proposal for a directive
Recital 19
Recital 19
(19) As regards regulated financial undertakings providing loan, credit, or other financial services, “valuesupply chain” with respect to the provision of such services should be limited to the activities of the clients receiving such services, and the subsidiaries thereof whose activities are linked to the contract in question. Clients that are households and natural persons not acting in a professional or business capacity, as well as small and medium sized undertakings, should not be considered to be part of the value chain. The activities of the companies or other legal entities that are included in the value chain of that client should not be coveredfalling within the by the scope of this Directive.
Amendment 342 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their valuesupply chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to establisheddirect contractual business relationships. For the purpose of this Directive, establisheddirect business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the value chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that companysupply chain and which link both parties through a legal contract.
Amendment 345 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to established business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the valuesupply chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company.
Amendment 350 #
2022/0051(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Under this Directive, EU companies with more than 5000 employees on average and a worldwide net turnover exceeding EUR 1500 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 40 million worldwide net turnover in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, companies operating in such high-impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts in their operations outside the EU. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103, should be included in the calculation of the number of employees in the user company except in the case of ships' crews, seasonal workers employed in the agriculture, livestock or fisheries sector, and temporary workers in the Horeca sector. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. _________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
Amendment 354 #
2022/0051(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In order to reflect the priority areas of international action aimed at tackling human rights and environmental issues, the selection of high-impact sectors for the purposes of this Directive should be based on existing sectoral OECD due diligence guidance. The following sectors should be regarded as high-impact for the purposes of this Directive: the manufacture of textiles, leather and related products (including footwear), and the wholesale trade of textiles, clothing and footwear; agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages; the extraction of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products). As regards the financial sector, due to its specificities, in particular as regards the value chain and the services offered, even if it is covered by sector- specific OECD guidance, it should not form part of the high-impact sectors covered by this Directive. At the same time, in this sector, the broader coverage of actual and potential, based on the state of knowledge, foreseeable adverse impacts should be ensured by also including very large companies in the scope that are regulated financial undertakings, even if they do not have a legal form with limited liability.
Amendment 368 #
2022/0051(COD)
Proposal for a directive
Recital 27
Recital 27
(27) In order to conduct appropriate human rights, and environmental due diligence with respect to their operations, their subsidiaries, and their value chains, companies covered by this Directive should integrate due diligence into corporate policies, identify, prevent and mitigate as well as bring to an end and minimise the extent of potentialforeseeable, based on the state of knowledge, and actual adverse human rights and environmental impacts, establish and maintain a complaints procedure, monitor the effectiveness of the taken measures in accordance with the requirements that are set up in this Directive and communicate publicly on their due diligence. In order to ensure clarity for companies, in particular the steps of preventing and mitigating potential adverse impacts that are foreseeable, based on the state of knowledge, and of bringing to an end, or when this is not possible, minimising real adverse impacts should be clearly distinguished in this Directive.
Amendment 383 #
2022/0051(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Under the due diligence obligations set out by this Directive, a company should identify actual or potential, based on the state of knowledge, foreseeable adverse human rights and environmental impacts. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on quantitative and qualitative information. For instance, as regards adverse environmental impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in value chains. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way and in regular intervals: prior to a new activity or relationship, prior to major decisions or changes in the operation; in response to or anticipation of changes in the operating environment; and periodically, at least every 12 months, throughout the life of an activity or relationship. Regulated financial undertakings providing loan, credit, or other financial services should identify the adverse impacts only at the inception of the contract. When identifying adverse impacts, companies should also identify and assess the impact of a business relationship’s business model and strategies, including trading, procurement and pricing practices. Where the company cannot prevent, bring to an end or minimize all its adverse impacts at the same time, it should be able to prioritize its action, provided it takes the measures reasonably available to the company, taking into account the specific circumstances.
Amendment 387 #
2022/0051(COD)
Proposal for a directive
Recital 31
Recital 31
(31) In order to avoid undue burden on the smaller companies operating in high- impact sectors which are covered by this Directive, those companies should only be obliged to identify those actual or potential, based on the state of knowledge, foreseeable severe adverse impacts that are relevant to the respective sector.
Amendment 393 #
2022/0051(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Under the due diligence obligations set out by this Directive, if a company identifies potential adverse human rights or environmental impacts that are foreseeable, based on the state of knowledge, it should take appropriate measures to prevent and adequately mitigate them. To provide companies with legal clarity and certainty, this Directive should set out the actions companies should be expected to take for prevention and mitigation of potential adverse impacts that are foreseeable, based on the state of knowledge, where relevant depending on the circumstances.
Amendment 398 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ value chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential, based on the state of knowledge, foreseeable adverse impacts, companies should also make investments which aim to prevent adverse impacts, provide targeted and proportionate support for an SME with which they have an established business relationship such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
Amendment 399 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ valuesupply chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts,. Companies may provide targeted and proportionate support for an SME with which they have an established business relationship such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
Amendment 403 #
2022/0051(COD)
Proposal for a directive
Recital 35
Recital 35
(35) In order to reflect the full range of options for the company in cases where potential impactsforeseeable impacts, based on the state of knowledge, could not be addressed by the described prevention or minimisation measures, this Directive should also refer to the possibility for the company to seek to conclude a contract with the indirect business partner, with a view to achieving compliance with the company’s code of conduct or a prevention action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract.
Amendment 404 #
2022/0051(COD)
Proposal for a directive
Recital 35
Recital 35
(35) In order to reflect the full range of options for the company in cases where potential impacts could not be addressed by the described prevention or minimisation measures, this Directive should also refer to the possibility for the company to seek to conclude a contract with the inits direct business partner, with a view to achieving compliance with the company’s code of conduct or a prevention action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract.
Amendment 406 #
2022/0051(COD)
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationshipm, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success. However, the Directive should also, for cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.
Amendment 407 #
2022/0051(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In order to ensure that prevention and mitigation of potential adverse impacts that are foreseeable, based on the state of knowledge, is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationship, as a last resort action after attempting at preventing and mitigating adverse potential impactsimpacts that are foreseeable, based on the state of knowledge, without success. However, the Directive should also, for cases where potential adverse impacts that are foreseeable, based on the state of knowledge, could not be addressed by the described prevention or mitigation measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact that is foreseeable, based on the state of knowledge, is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.
Amendment 412 #
2022/0051(COD)
(37) As regards direct and indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. Companies could assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility for the Commission and the Member States to facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, may issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 422 #
2022/0051(COD)
Proposal for a directive
Recital 40
Recital 40
Amendment 428 #
2022/0051(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide the possibility for persons and organisations to submit complaints directly to them in case of legitimate concerns regarding actual or potential, based on the state of knowledge, foreseeable human rights and environmental adverse impacts. Organisations who could submit such complaints should include trade unions and other workers’ representatives representing individuals working in the value chain concerned and civil society organisations active in the areas related to the value chain concerned where they have knowledge about a potential or actual adverse impact. Companies should establish a procedure for dealing with those complaints and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies. In accordance with international standards, complaints should be entitled to request from the company appropriate follow-up on the complaint and to meet with the company’s representatives at an appropriate level to discuss potentialforeseeable, based on the state of knowledge, or actual severe adverse impacts that are the subject matter of the complaint. This access should not lead to unreasonable solicitations of companies.
Amendment 438 #
2022/0051(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Like in the existing international standards set by the United Nations Guiding Principles on Business and Human Rights and the OECD framework, it forms part of the due diligence requirement to communicate externally relevant information on due diligence policies, processes and activities conducted to identify and address actual or potential adverse impacts or impacts that could be anticipated in line with existing knowledge, including the findings and outcomes of those activities. The proposal to amend Directive 2013/34/EU as regards corporate sustainability reporting sets out relevant reporting obligations for the companies covered by this directive. In order to avoid duplicating reporting obligations, this Directive should therefore not introduce any new reporting obligations in addition to those under Directive 2013/34/EU for the companies covered by that Directive as well as the reporting standards that should be developed under it. As regards companies that are within the scope of this Directive, but do not fall under Directive 2013/34/EU, in order to comply with their obligation of communicating as part of the due diligence under this Directive, they should publish on their website an annual statement in a language customary in the sphere of international business.
Amendment 471 #
2022/0051(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to ensure effective compensation of victims of adverse impacts, Member States should be required to lay down rules governing the civil liability of companies for damages arising due to its failure to comply with the due diligence process. The company should be liable for damages if they failed to comply with the obligations to prevent and mitigate potential adverse impacts that could be anticipated in line with existing knowledge or to bring actual impacts to an end and minimise their extent, and as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures occurred and led to damage.
Amendment 488 #
2022/0051(COD)
Proposal for a directive
Recital 64
Recital 64
(64) Responsibility for due diligence should be assigned to the company’s directors, in line with the international due diligence frameworks. Directors should therefore be responsible for putting in place and overseeing the due diligence actions as laid down in this Directive and for adopting the company’s due diligence policy, taking into account the input of stakeholders and civil society organisations and integrating due diligence into corporate management systems. Directors should also adapt the corporate strategy to actual and potential impacts identifiedimpacts and impacts that could be anticipated in line with existing knowledge and any due diligence measures taken.
Amendment 491 #
2022/0051(COD)
Proposal for a directive
Recital 66
Recital 66
(66) In order to specify the information that companies not subject to reporting requirements under the provisions on corporate sustainability reporting under Directive 2013/34/EU should be communicating on the matters covered by this Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of determining additional rules concerning the content and criteria of such reporting, specifying information on the description of due diligence, potentialimpacts that could be anticipated in line with existing knowledge and actual impacts and actions taken on those. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making107. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 107 OJ L 123, 12.5.2016, p. 1.
Amendment 496 #
2022/0051(COD)
Proposal for a directive
Recital 71
Recital 71
(71) The objective of this Directive, namely better exploiting the potential of the single market to contribute to the transition to a sustainable economy and contributing to sustainable development through the prevention and mitigation of potential or actual human rights and environmental adverse impacts, or such impacts that could be anticipated in line with existing knowledge, in companies’ value chains, cannot be sufficiently achieved by the Member States acting individually or in an uncoordinated manner, but can rather, by reason of the scale and effects of the actions, be better achieved at Union level. In particular, addressed problems and their causes are of a transnational dimension, as many companies are operating Union wide or globally and value chains expand to other Member States and to third countries. Moreover, individual Member States’ measures risk being ineffective and lead to fragmentation of the internal market. Therefore, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 502 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts widverse impacts, or such impacts that could be anticipated in line with existing knowledge, on the fundamental rights enshrined in the EU Charter of Fundamental Rights, especially the respect to their own operations, the operaights of the child and the prohibitions of their subsidiarieschild labour, and on the value chain operations carried out by entities with whom the company has an established business relationship andenvironment of the operations linked to their sole or main corporate purposes and the operations of their subsidiaries.
Amendment 503 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts, with respect to their own operationdverse impacts, or such impacts that could be anticipated in line with existing knowledge, on the fundamental rights enshrined in the EU Charter of Fundamental Rights, especially the rights of the child and the prohibition of child labour, and on the environment of the operations linked to their sole or main corporate purposes, the operations of their subsidiaries, and the valuesupply chain operations carried out by entities with whom the company has an established business direct contractual relationship and
Amendment 520 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 525 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not constitute grounds for reducing the level of protection of human rights or of protection of the environment or the protection of the climate provided for by the law of Member States at the time of the adoption of this Directive.
Amendment 530 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall be without prejudice to obligations in the areas of human rights, protection of and the environment and climate change under other Union legislative acts. If the provisions of this Directive conflict with a provision of another Union legislative act pursuing the same objectives and providing for more extensive or more specific obligations, the provisions of the other Union legislative act shall prevail to the extent of the conflict and shall apply to those specific obligations.
Amendment 537 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to companies which are formed in accordance with the legislation of a Member State in respect of their operations outside the Union and which fulfil one of the following conditions:
Amendment 541 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the company had more than 5 000 employees on average and had a net worldwide turnover of more than EUR 1500 million in the last financial year for which annual financial statements have been prepared;
Amendment 548 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 597 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply to companies which are formed in accordance with the legislation of a third country in respect of their operations in the Union, and fulfil one of the following conditions:
Amendment 608 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 626 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. For the purposes of paragraph 1, the number of part-time employees shall be calculated on a full-time equivalent basis. Temporary agency workers shall be included in the calculation of the number of employees in the same way as if they were workers employed directly for the same period of time by the company. The number of workers on temporary postings shall not include crews of vessels and, therefore, they shall not be taken into account when calculating the number of employees in the user company, as provided for in Article 1(2) of Directive 96/71/EC, amended by Directive (EU) 2018/957 of the European Parliament and of the Council.
Amendment 627 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. For the purposes of paragraph 1, the number of part-time employees shall be calculated on a full-time equivalent basis. Temporary agency workers shall be included in the calculation of the number of employees in the same way as if they were workers employed directly for the same period of time by the company, except for companies in the primary sector (agriculture, forestry, fisheries (including aquaculture), food production and wholesale trade in agricultural raw materials, live animals, wood, food and beverages) and the tertiary sector (hotel, restaurant and catering sector).
Amendment 636 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. This Directive shall also apply to companies that operate primarily online and in the territory of the European Union, including e-commerce, whether or not they are established in a Member State.
Amendment 637 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 4 b (new)
Article 2 – paragraph 4 b (new)
4b. This Directive shall in all cases apply to companies that are publicly owned or where more than 50% of the share capital is held by the government of an EU Member State or by third countries.
Amendment 638 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 4 c (new)
Article 2 – paragraph 4 c (new)
4c. This Directive shall also apply to economic activities carried out by national and Community public administrations.
Amendment 639 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 4 d (new)
Article 2 – paragraph 4 d (new)
4d. This Directive shall also apply to associations, foundations, non-profit organisations (NPOs) and NGOs that receive any kind of aid, allocation or grant from European, state, regional or local funds, irrespective of the amount, the number of employees or the financial results.
Amendment 650 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – introductory part
Article 3 – paragraph 1 – point a – point iv – introductory part
(iv) a regulated financial undertaking, regardless of its legal form or public or private ownership, which is
Amendment 651 #
2022/0051(COD)
Amendment 652 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 8
Article 3 – paragraph 1 – point a – point iv – indent 8
Amendment 656 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 19 a (new)
Article 3 – paragraph 1 – point a – point iv – indent 19 a (new)
— a company with public ownership or participation as defined in Article 2(3) of Directive (EU) 2019/1024 or operating in the sectors covered by Directive 2014/25/EU or acting as a public service operator pursuant to Article 2 of Regulation (EC) No 1370/2007;
Amendment 659 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 19 b (new)
Article 3 – paragraph 1 – point a – point iv – indent 19 b (new)
— a ‘non-profit organisation’ pursuant to the European Parliament resolution of 17 February 2022 with recommendations to the Commission on a statute for European cross-border associations and non-profit organisations (2020/2026(INL)), meaning a voluntary and permanent association of natural or legal persons with a common interest, activity or purpose, or an organisation that is not based on membership and whose assets are allocated to the pursuit of a specific aim, such as a foundation, which, irrespective of the form in which the association or organisation is established: a) pursues a primary aim other than that of generating a profit, meaning that if any profits are earned from the organisation’s activities, they cannot be distributed as such among its members, founders or any other private parties, but must be invested for the pursuit of its objectives; b) is independent, in the sense that the organisation is not part of a government or administrative structure and is free from any undue interference by the state or by commercial interests. Governmental funding shall not preclude an organisation being deemed independent, as long as the autonomy of the organisation’s functioning and decision-making is not affected; c) is self- governed, in the sense that the organisation has an institutional structure that allows it to fully exercise its internal and external organisational functions and to make essential decisions in an autonomous manner and without undue interference by the state or other external actors;
Amendment 661 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 19 c (new)
Article 3 – paragraph 1 – point a – point iv – indent 19 c (new)
— a ‘non-governmental organisation’, meaning a voluntary self- governing body or organisation established to pursue the essentially non- profit-making objectives of its members or founders, as defined in Recommendation CM/Rec(2007)14 of the Council of Europe Committee of Ministers to member states on the legal status of non- governmental organisations in Europe;
Amendment 663 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 19 d (new)
Article 3 – paragraph 1 – point a – point iv – indent 19 d (new)
— an EU institution, body or agency, a state, regional or local administration of a Member State, or a third country operating and carrying out activities, in any way, in the territory of the Union;
Amendment 668 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental impact’ means an adverse impact on the environment resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions that have been ratified, in accordance with the rules applicable to them, by each and every EU Member State, as listed in the Annex, Part II;
Amendment 678 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘adverse human rights impact’ means an adverse impact on protected persons resulting from the violation of one of the rights or prohibitions listed in the Annex, Part I Section 1, as enshrined in the international conventionsaid down in the EU Charter of Fundamental Rights and the rights and prohibitions laid down in the international conventions that have been ratified, in accordance with the rules applicable to them, by all the EU Member States and that are listed in the Annex, Part I Section 2;
Amendment 693 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) ‘businessdirect contractual relationship’ means a relationship with a contractor, subcontractor or any other legal entities (‘partner’) where a written contract has been signed by both parties
Amendment 703 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
Article 3 – paragraph 1 – point e – point ii
(ii) that performs business operations related to the products or services of the company that constitute its sole or main activity for or on behalf of the company;
Amendment 715 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a direct contractual business relationship, whether direct or indirect, which is, or which is expected to be which is lasting, in view of its intensity or duration, and which does not represent a negligible or merely ancillary part of the valuesupply chain;
Amendment 719 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
Amendment 720 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entitiesoperations or services involving third parties following the conclusion of a binding legal contract by which the company obtains the material, capital or service necessary to commercialise its corporate purpose;
Amendment 733 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘valuesupply chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The valuesupply chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
Amendment 736 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(ga) SMEs shall not be included under supply chain of any companies covered by this Directive;
Amendment 737 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g b (new)
Article 3 – paragraph 1 – point g b (new)
(gb) ‘risk-based approach’ means the measures that a company establishes in order to carry out due diligence, proportionate to the severity and probability of the adverse impact on human rights and the environment that may be generated by its operations;
Amendment 739 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
Amendment 749 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) ‘industry initiative’ means a combination of voluntary value chain due diligence procedures, tools and mechanisms, including independent third- party verifications, developed and overseen by governments, industry associations or groupings of interestedsector-specific organisations;
Amendment 770 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, and other individuals, groups, communities or entities whose rights or interests are or could be affected by the products, services and operations of that company, its subsidiaries and its businessdirect contractual relationships;
Amendment 779 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point o – point iii
Article 3 – paragraph 1 – point o – point iii
Amendment 789 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q a (new)
Article 3 – paragraph 1 – point q a (new)
(qa) ‘person concerned’ means a natural or legal person who has rights that may be affected by the final decision adopted in the process of remedying foreseeable damage, based on the level of knowledge available or of adverse impacts, or who has personal and direct interests that may also be affected by that decision, acting either by themselves or through a representative;
Amendment 801 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that companies, when not operating within the European Union, adopt a risk-based approach to their operations and conduct human rights and environmental due diligence as laid down in Articles 5 to 11 (‘due diligence’) by carrying out the following actions:
Amendment 805 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) identifying actual or potential adverse impacts, or ones foreseeable based on the level of knowledge available, in accordance with Article 6;
Amendment 809 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) preventing and mitigating potential adverse impacts that are foreseeable based on the level of knowledge available, and bringing actual adverse impacts to an end and minimising their extent in accordance with Articles 7 and 8;
Amendment 810 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
Amendment 814 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 816 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
Amendment 823 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure that, for the purposes of due diligence, companies are entitled to share resources and information within their respective groups of companies and with other legal entities in compliance with applicable competition lawestablished outside the European Union conduct human rights and environmental due diligence as laid down in Articles 5 to 11 (‘due diligence’) in their business operations in those sectors where the companies detect the possibility of a risk.
Amendment 826 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall ensure that, for the purposes of due diligence, companies are entitled to share resources and information within their respective groups of companies and with other legal entities in compliance with applicable competition law, and that the parent company can conduct due diligence procedures for its subsidiaries and companies it holds which fall within the scope of this Directive. Under no circumstances may the resources and information relate to the personal data, in the broadest sense, of users or consumers.
Amendment 829 #
2022/0051(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Without prejudice to civil liability of subsidiaries in accordance with Article 22, Member States shall ensure that parent companies falling under the scope of this Directive may fulfil the obligations set out in Article 5, Article 6, Article 7, Article 8, Article 9, Article 10, Article 11 and Article 15(1) and (2) on behalf of companies which are their subsidiaries falling under the scope of this Directive.
Amendment 834 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that companies integrate due diligence into all their corporate policies and have in place a due diligence policyand implement the due diligence processes as set out in Article 4 for the first link in their supply chain. The due diligence policy shall contain all of the following:
Amendment 839 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) a description of the company’s approach, including in the long term, to due diligence;
Amendment 850 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to establisheddirect business relationships;
Amendment 852 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) The business sectors which the company has identified as being the highest risk in its direct business operations, based on its risk approach;
Amendment 859 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the companies update their due diligence policy annuallywhen significant and decisive events or circumstances arise.
Amendment 866 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Due diligence processes must conform to the provisions of Directive 2016/943 of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets).
Amendment 871 #
2022/0051(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Identifying actual and potential adverse impacts that are foreseeable based on the level of knowledge available
Amendment 879 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potentialsevere adverse human rights impacts and adverse environmental impacts, foreseeable based on the level of knowledge available, arising from their own operations or those of their subsidiaries and, where related to their valuedirect supply chains, from their established businessdirect contractual relationships, in accordance with paragraphs 2, 3 and 4.
Amendment 898 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. By way of derogation from paragraph 1, companies referred to in Article 2(1), point (b), and Article 2(2), point (b), shall only be required to identify actual and potential, severe adverse impacts, foreseeable based on the level of knowledge available, relevant to the respective sector mentioned in Article 2(1), point (b).
Amendment 905 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. When companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, the identification of actual and potential adverse human rights impacts and adverse environmental impacts shall be carried out only before providing that service.. , foreseeable based on the level of knowledge available, shall be carried out only before providing that service; and only where the recipient of the financial service is another undertaking subject to this Directive and that undertaking cannot provide documentary evidence of compliance with the due diligence obligations.
Amendment 912 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaints procedure provided for in Article 9. Companies shall. Where companies consider it appropriate, wthere relevant, alsoy shall carry out consultations with potentially affected groups including workers, employers and other relevant direct stakeholders to gather information on actual or potential adverse impacts or those foreseeable based on the level of knowledge available.
Amendment 921 #
2022/0051(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Preventing potential adverse impacts foreseeable based on the level of knowledge available
Amendment 924 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and adverse environmental impacts, foreseeable based on the level of knowledge available, that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article.
Amendment 934 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in non-binding consultation with affected stakeholders;
Amendment 942 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seek contractual assurances solely from a business partners governed by the requirements set out in Article 2 of this Directive and with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from itsthose partners governed by the requirements set out in Article 2 of this Directive, to the extent that their activities are part of the company’s value chain (contractual cascading)supply chain, solely for the first link in their supply chain. When such contractual assurances are obtained, paragraph 4 shall apply;
Amendment 954 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
Amendment 961 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
Amendment 968 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 973 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 988 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 1010 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 1032 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact;
Amendment 1044 #
2022/0051(COD)
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Where relevant, the corrective action plan shall be developed in consultation with stakeholders;
Amendment 1049 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seek contractual assurances from a direct partners governed by the requirements set out in Article 2 of this Directive and with whom it has an established direct business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading) governed by the requirements set out in Article 2 of this Directive, to the extent that they are part of the supply chain, while always and in all circumstances excluding from that supply chain all the SMEs participating therein. When such contractual assurances are obtained, paragraph 5 shall apply.
Amendment 1061 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
Amendment 1068 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point f
Article 8 – paragraph 3 – point f
Amendment 1073 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 1081 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
The contractual assurances or the contract shall be accompanied by the appropriate measures to verifyagreed upon to verify possible compliance. For the purposes of verifying compliance, the company may refer to suitable industry initiatives or independent third-party verificationall of the initiatives it considers suitable in the circumstances.
Amendment 1086 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
When contractual assurances are obtained from, or a contract is entered into, with an SME, the terms used shall becontractual terms or assurances used shall in all cases be voluntary, agreed, fair, reasonable and non- discriminatory. Where voluntary measures to verify compliance are carried out in relation to SMEs, the company shall bear the cost of the independent third-party verification.
Amendment 1092 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Amendment 1093 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point a
Article 8 – paragraph 6 – subparagraph 1 – point a
Amendment 1096 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point b
Article 8 – paragraph 6 – subparagraph 1 – point b
Amendment 1114 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
Member States shall provide for the availability ofmay adapt contracts governed by their laws to include an option to terminate the business relationship in contracts governed by their laws.
Amendment 1115 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 1131 #
Amendment 1136 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisationstakeholders listed in paragraph 2 to submit complainrequests to them in writing where they have legitimate concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts, or such impacts that could be anticipated in line with existing knowledge, with respect to their own operations, the operations of their subsidiaries and their value chaindirect business relationships.
Amendment 1157 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) personsstakeholders, as defined in Article 3 of this Directive, who are affected or have reasonable grounds to believe that they might be affected by an adverse impact,
Amendment 1166 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
Amendment 1176 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the companies establish a procedurea procedure is established for dealing with complainrequests referred to in paragraph 1, including a procedure when the company considers the complainrequest to be unfounded, and inform the relevant workers and trade unions of those procedures. Member States shall ensure that where the complainrequest is well-founded, the adverse impact that is the subject matter of the complaint is deemed to be identified within the meaning of Article 6.
Amendment 1194 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) to request appropriate follow-up on the complaint from the company withto which they have filed a complaint pursuant to paragraph 1complained under the applicable national law, and
Amendment 1197 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
(b) to meet in person or online with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impactsor their legal representatives to discuss actual severe adverse impacts, or such impacts that could be anticipated in line with existing knowledge, that are the subject matter of the complaint.
Amendment 1211 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the valuefirst link in the supply chains of the company, or those of their establisheddirect business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent ofwhere there is a relevant and decisive event or circumstance relating to human rights andor the environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 months andcarried out whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shallmay be updated in accordance with the outcome of those assessments.
Amendment 1215 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the valuesupply chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 124 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
Amendment 1227 #
2022/0051(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that companies that are not subject to reporting requirements under Articles 19a and 29a of Directive 2013/34/EU, and in accordance with Directive 2016/943/EU, report on the matters covered by this Directive by publishing on their website an annual statement in a language customary in the sphere of international business. The statement shall be published by 30 April each year, covering th, if they have one, a statement in the official language of the Member State in which the due diligence processes laid down in Articles 4 and 5 of this Directive parevious calendar year carried out.
Amendment 1234 #
2022/0051(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 1261 #
2022/0051(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
In order to provide support to companies to facilitate their compliance with Article 7(2), point (b), and Article 8(3), point (c), the Commission shallMember States may adopt guidance about voluntary model contract clauses.
Amendment 1266 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, may issue guidelines, including for specific sectors or specific adverse impacts.
Amendment 1276 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shallmay, in order to provide information and support to companies and the partners with whom they have established direct business relationships in their valuesupply chains in their efforts to fulfil the obligations resulting from this Directive, set up and operate individually or jointly dedicated websites, platforms or portals. Specific consideration and economic support shall be given, in that respect, to those SMEs that are present in the valueobliged to implement due diligence processes because they are part of the supply chains of companiesanother company that requires it.
Amendment 1284 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to applicable State aid rules, Member States mayshall financially support SMEs that are obliged to implement due diligence processes because they are part of the supply chain of another company that requires it.
Amendment 1287 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Commission may, in exercising the powers assigned to it, complement Member States’ support measures building on existing Union action to support due diligence in the Union and in third countries and may devise new measures, including facilitation of joint stakeholder initiatives to help companies fulfil their obligations.
Amendment 1300 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Companies may rely on industry schemes and multi-stakeholder initiatives to support the implementation of their obligations referred to in Articles 5 to 11 of this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. The Commission and the Member States may facilitate the dissemination of information on such schemes or initiatives and their outcome. The Commission, in collaboration with Member States, may issue non-binding guidance for assessing the fitness of industry schemes and multi- stakeholder initiatives.
Amendment 1311 #
2022/0051(COD)
Proposal for a directive
Article 15
Article 15
Amendment 1315 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 1316 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that companies referred to in Article 2(1), point (a), and Article 2(2), point (a), shall adopt a plan to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. This plan shall, in particular, identify, on the basis of information reasonably available to the company, the extent to which climate change is a risk for, or an impactand covered by the Directive of the European Parliament and of the Council amending Directive 2013/34/EU, Directive 2004/109/EC, Directive 2006/43/EC and Regulation (EU) No 537/2014, as regards corporate sustainability reporting shall adopt the plan mentioned in Article 1 point 3 (Article 19a point (2) (a) (iii)) of, the company’s operationsat Directive.
Amendment 1330 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 1333 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 1334 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 1340 #
2022/0051(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall ensure that the name, address, electronic mail address and telephone number of the authorised representative is notified to a supervisory authority in the Member State where the authorised representative is domiciled or established, ensuring adherence to the General Data Protection Regulation (2016/679/EU). Member States shall ensure that the authorised representative is obliged to provide, upon request, a copy of the designation in an official language of a Member State to any of the supervisory authorities.
Amendment 1345 #
2022/0051(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where a Member State designates more than one supervisory authority, it shall ensure that the respective competences of those authorities are clearly defined and that they cooperate closely and effectively with each other. Where a Member State designates supervisory authorities attached to regional or autonomous community administrations, it shall, in all cases, designate a competent national authority that will be responsible for resolving any conflicts over territorial jurisdiction within the Member State and dealing with any appeals.
Amendment 1348 #
2022/0051(COD)
Proposal for a directive
Article 17 – paragraph 6
Article 17 – paragraph 6
6. By the date indicated in Article 30(1), point (a), Member States shall inform the Commission of the names and contact details of the supervisory authorities designated pursuant to this Article, as well as of their respective competence where there are several designated supervisory authorities. They shall inform the Commission of any changes thereto.
Amendment 1360 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that the supervisory authorities have adequate powers and resources, in accordance with the applicable national law, to carry out the tasks assigned to them under this Directive, including the power to request information and carry out investigations related to compliance with the obligations set out in this Directive.
Amendment 1364 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. A supervisory authority may initiate an investigation, in accordance with the applicable national law, on its own motion or as a result of substantiated concerns communicated to it pursuant to Article 19, where it considers that it has sufficient information indicating a possible breach by a company of the obligations provided for in the national provisions adopted pursuant to this Directive.
Amendment 1370 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Inspections shall be conducted in compliance with the national law of the Member State in which the inspection is carried out and with prior warningofficial notification to the company, except where prior notification hinders the effectiveness of the inspection. Where, as part of its investigation, a supervisory authority wishes to carry out an inspection on the territory of a Member State other than its own, it shall seek assistance from the supervisory authority in that Member State pursuant to Article 21(2).
Amendment 1374 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 4 – subparagraph 2
Article 18 – paragraph 4 – subparagraph 2
Taking remedial action which rectifies in full the actual adverse impact does not preclude the imposition of administrative sanctions or the triggering of civil liability in case of damages, in accordance with Articles 20 and 22, respectively.
Amendment 1376 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 5 – introductory part
Article 18 – paragraph 5 – introductory part
5. When carrying out their tasks, supervisory authorities shall have at least the following powers:powers in accordance with the national law of the Member State;
Amendment 1377 #
2022/0051(COD)
Amendment 1380 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 5 – point b
Article 18 – paragraph 5 – point b
Amendment 1382 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 5 – point c
Article 18 – paragraph 5 – point c
Amendment 1389 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 1424 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall lay down, in accordance with their national law, the rules on sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and, in accordance with their national law, shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive.
Amendment 1451 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Member States shall ensure, in accordance with their national law, that any decision of the supervisory authorities containing sanctions related to the breach of the provisions of this directive is published.
Amendment 1456 #
2022/0051(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
The Commission shall, at no extra cost to European budgets, set up a European Network of Supervisory Authorities, composed of representatives of the supervisory authorities. The Network shall facilitate the cooperation of the supervisory authorities and the coordination and alignment of regulatory, investigative, sanctioning and supervisory practices of the supervisory authorities and, as appropriate, sharing of information among them.
Amendment 1464 #
2022/0051(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Supervisory authorities shall take all appropriate steps needed to reply to a request for assistance by another supervisory authority without undue delay and no later than 1 month after receiving the request. Such steps may include, in particular, the transmission of relevant information on the conduct of an investigation without disclosing reserved or confidential information.
Amendment 1469 #
Amendment 1550 #
2022/0051(COD)
Proposal for a directive
Article 24
Article 24
Amendment 1552 #
2022/0051(COD)
Proposal for a directive
Article 24
Article 24
Amendment 1558 #
2022/0051(COD)
Proposal for a directive
Article 25
Article 25
Amendment 1561 #
2022/0051(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
Amendment 1565 #
2022/0051(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 1574 #
2022/0051(COD)
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure that directors of companies referred to in Article 2(1) are responsible for putting in place and overseeing the due diligence actions referred to in Article 4 and in particular the due diligence policy referred to in Article 5, with due consideration for relevant input from stakeholders and civil society organisations. The directors shall report to the board of directors in that respect.
Amendment 1582 #
2022/0051(COD)
Proposal for a directive
Article 28
Article 28
Amendment 1601 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
Amendment 1608 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) whether the Annex needs to be modified, including in light of international developments
Amendment 1609 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point d
Article 29 – paragraph 1 – point d
Amendment 1621 #
2022/0051(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by … [OJ to insert: 23 years from the entry into force of this Directive] at the latest, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 1628 #
2022/0051(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point a
Article 30 – paragraph 1 – subparagraph 2 – point a
(a) from… [OJ to insert: 2 years from the entry into force of this Directive legislation which the Member States transpose] as regards companies referred to in Article 2(1), point (a), and Article 2(2), point (a);
Amendment 1629 #
2022/0051(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point a
Article 30 – paragraph 1 – subparagraph 2 – point a
(a) from… [OJ to insert: 23 years from the entry into force of this Directive] as regards companies referred to in Article 2(1), point (a), and Article 2(2), point (a);
Amendment 1630 #
2022/0051(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point b
Article 30 – paragraph 1 – subparagraph 2 – point b
Amendment 1634 #
2022/0051(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point b
Article 30 – paragraph 1 – subparagraph 2 – point b
(b) from … [OJ to insert: 45 years from the entry into force of this Directive] as regards companies referred to in Article 2(1), point (b), and Article 2(2), point (b).
Amendment 8 #
Amendment 1 #
Amendment 1 #
2021/2255(INI)
Motion for a resolution
Citation 1
Citation 1
Amendment 5 #
2021/2255(INI)
Motion for a resolution
Citation 3
Citation 3
Amendment 6 #
2021/2255(INI)
Motion for a resolution
Citation 4
Citation 4
Amendment 7 #
2021/2255(INI)
Motion for a resolution
Citation 5
Citation 5
Amendment 8 #
2021/2255(INI)
Motion for a resolution
Citation 7
Citation 7
Amendment 10 #
2021/2255(INI)
Motion for a resolution
Citation 9
Citation 9
Amendment 13 #
2021/2255(INI)
Motion for a resolution
Citation 12
Citation 12
Amendment 15 #
2021/2255(INI)
Motion for a resolution
Citation 15
Citation 15
Amendment 18 #
2021/2255(INI)
Motion for a resolution
Citation 23
Citation 23
Amendment 19 #
2021/2255(INI)
Motion for a resolution
Citation 24
Citation 24
Amendment 20 #
2021/2255(INI)
Motion for a resolution
Citation 25
Citation 25
Amendment 21 #
2021/2255(INI)
Motion for a resolution
Citation 26
Citation 26
Amendment 23 #
2021/2255(INI)
Motion for a resolution
Citation 26 a (new)
Citation 26 a (new)
Amendment 25 #
2021/2255(INI)
Motion for a resolution
Citation 26 b (new)
Citation 26 b (new)
— having regard to Article 4(1) of the Treaty on European Union, according to which competences not conferred upon the Union in the Treaties remain with the Member States,
Amendment 26 #
2021/2255(INI)
Motion for a resolution
Citation 26 c (new)
Citation 26 c (new)
— having regard to Article 5(3) of the Treaty on European Union, according to which in areas which do not fall within its exclusive competence, the Union shall act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States,
Amendment 27 #
2021/2255(INI)
Motion for a resolution
Citation 26 d (new)
Citation 26 d (new)
— having regard to Article 6 of the Treaty on the Functioning of the European Union in so far as it does not attribute any exclusive competence to the Union either in relation to the protection and improvement of human health, or in relation to industry, culture, education or civil protection,
Amendment 28 #
2021/2255(INI)
Motion for a resolution
Citation 27
Citation 27
— having regard to Article 167 of the Treaty on the Functioning of the European Union, in so far as it states that the Union shall contribute to the flowering of the cultures of the Member States, while respecting their national and regional diversity; encouraging cooperation between Member States,
Amendment 29 #
2021/2255(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
— having regard to Article 194 of the Treaty on the Functioning of the European Union, especially in so far as it indicates that Union policy on energy shall aim to ensure energy supply in the Member States,
Amendment 35 #
2021/2255(INI)
Motion for a resolution
Recital A
Recital A
A. whereas Europe finds itself in a moment of ecological, digital and social transition, which is being accelerated by the economic and social impact of COVID-19 and geopolitical tensions linkserious economic crisis, aggravated by the measures adopted in recent years dictated toby the war on Ukraine in a context of rising populism and anti-European sentiment‘ecological, digital and social transition’;
Amendment 43 #
2021/2255(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU has been responding to the challenges of environmental degradation, climate change and the increasing scarcity of natural resourcesUnion has adopted measures that are supposedly aimed at tackling the challenges of environmental degradation, with far-reaching and ambitious political endeavours such as the European Green Deal, which is driving the quest for renewal and innovationcausing an exponential rise in energy prices, jeopardising the requirement to ensure that energy is supplied at reasonable prices to the middle and working classes;
Amendment 53 #
2021/2255(INI)
Motion for a resolution
Recital C
Recital C
C. whereas culture is a strategic sector for the EU which helps to bolster its economy, to enable us to live betcompetence of the Member States and the Union must respect and contributer toge ther and to build democratic and free societies, and yet has been one of the area flowering of national cultures and of their diversity, and does not have competence to standardise, harmonise or propose initiatives thardest hit by the pandemict could reduce or hinder the cultural freedom of the European nations;
Amendment 66 #
2021/2255(INI)
Motion for a resolution
Recital D
Recital D
D. whereas architecture, urban and territorial planning, design, the arts, sociology and engineering are complementary and instrumental for building an inclusive societymatters on which the Union does not have legislative competence and the Member States must act according to the principle of subsidiarity by encouraging initiative, creativity and innovation among their citizens, in accordance with the planning and technical legislation of each Member State;
Amendment 79 #
2021/2255(INI)
Motion for a resolution
Recital E
Recital E
E. whereas building a better future starts withrequires quality education and training; whereas access to quality education is a fundamental right; and education is a competence of the Member States as it is the right of nationals of each country to be educated according to their history, culture and own national identity;
Amendment 95 #
2021/2255(INI)
Motion for a resolution
Recital F
Recital F
F. whereas cultural heritage is increasingly impacted by climate change andmay be impacted by environmental degradation;
Amendment 111 #
2021/2255(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that the historic Bauhaus movement created a paradigm shift ininfluenced design, architecture and the arts which; delivered radical innovation and reflected true cultural and social changes in a progressive artistic and educational context; articular artistic and educational context, as it developed from its origin in Germany in different ways in the various European nations at the time. Recalls that design, architecture, the arts and culture in general are expressions of the creativity of the human soul; that the cultural riches of Europe cannot be restricted to any school of thought or historical movement; as the Bauhaus School, Greco-Roman art, the first examples of prehistoric art, Christian Roman and Gothic art, Baroque art, icons and modern artistic expressions of the 19th or 20th centuries are all equally European, and it is not a competence of the Union to impose architectural or design criteria on the towns and cities of Europe;
Amendment 124 #
2021/2255(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 140 #
2021/2255(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 151 #
2021/2255(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 161 #
2021/2255(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Rejects the New European Bauhaus initiative and proclaims respect for the principle of artistic and creative freedom, which is part of the broad scope of ideological freedom and freedom of thought, with no curtailment, limitation or restriction of the creativity of human beings;
Amendment 165 #
2021/2255(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 183 #
2021/2255(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that this innovative cultural movement has the potential to position Europe asany attempt to homogenise cultural movements in Europe, even with the excuse of protecting the environment, constitutes an unacceptable attack on personal dignity and on Europe’s cultural diversity and riches, which we must protect so that Europe will once again be a global frontrunner in the area of architecture, design, culture, and technology and energy efficiency by promoting ways of living better together, which can also be applied beyond the EU;; Funding and governance
Amendment 216 #
2021/2255(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Commission to raise awareness about this initiative and to improve the coordination between all levels of governance, which should have equitable access to opportunities and fundinghalt any attempt to eradicate Europe’s cultural and artistic riches; calling for it simply to promote common cultural heritage and contribute to the flowering of the cultures of the Member States;
Amendment 230 #
2021/2255(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 276 #
2021/2255(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 283 #
2021/2255(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 295 #
2021/2255(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 305 #
2021/2255(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 312 #
2021/2255(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 2 #
2021/2180(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the Union is founded on the values enshrined in Article 2 TEU; recalls further that the rule of law, as enshrined in EU primary law and further defined in the case-law of the Court of Justice of the European Union (CJEU), is akin to democracy and fundamental rights, pluralism, justice, solidarity and fundamental rights, which are embedded in the Charter of Fundamental Rights of the European Union; stresses that any backsliding on the rule of law in any given Member State or in the European Union itself automatically undermines EU values in the EU as a whole; agrees with the Commission that these values should never be taken for granted, even though the EU is recognised as having very high standards in this regard; recalls that these values are embedded in the Treaties, and cannot be modified or extended as a result of political shifts without the necessary legal amendments taking place; underlines the importance of the credible global example provided by the EU Member States in upholding the rule of law internally and in supporting democracy worldwide;
Amendment 4 #
2021/2180(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the important role of the Committee on Petitions in identifying and flagging possible breaches of the rule of law by both national and Union administrations, taking into account the numerous petitions received from citizens concerned about breaches of the rule of law in several Member States; strongly believes that full protection of all EU citizens can only be ensured throughout the Union if all Member States and EU institutions comply with all principles of the rule of law and the division of competences as granted in the Treaties;
Amendment 8 #
2021/2180(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that respect for the rule of law entails compliance with EU primary and secondary law, and with the core principle in those areas in which the EU has competence, without encroaching in any circumstances on national competences ofr the primacy of EU lawconstitutions of the Member States;
Amendment 10 #
2021/2180(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 11 #
2021/2180(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Recalls that, in addition to the recent judgments of the Polish and Romanian courts, there have also been court judgments in other countries calling into question the supremacy of EU law over national constitutions and over national legislation in matters that do not fall within the exclusive competence of the Union; recalls, specifically, that the German Constitutional Court, ruling on the purchase of debt, qualified the CJEU decision as non-binding, that the Italian Constitutional Court questioned the primacy of EU law throughout the 'Taricco' process, that the Czech Constitutional Court considered the CJEU judgment in the 'Landtová' case to be 'ultra vires', that the Danish Supreme Court found the CJEU's ruling in the 'Ajos' case to be inapplicable in Denmark, that the French Constitutional Council has limited the application of EU law in the French legal order, and that the Belgian Constitutional Court ruled on 28 April 2016 that there is a limit to the primacy of EU law;
Amendment 12 #
2021/2180(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Stresses that no EU body is above the constitution of any Member State and considers, accordingly, that the basic condition for the approval of any type of EU legislation should be that there is no conflict with national constitutions;
Amendment 13 #
2021/2180(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Recalls that the diversity of the European Union is based on the wealth and sovereignty of the various nations of which it is comprised; considers that due regard for national sovereignty should be the basic condition for any legislative initiatives or projects within the Union;
Amendment 15 #
2021/2180(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that crises such as the COVID-19 pandemic have shown that measures taken in urgency can have democratic deficits, infringe rights and fundamental freedoms and lead to corruption, and that they lack proper scrutiny; stresses, therefore, the need for clear legal arrangements ensuring respect for the rule of law also during times of crisis; notes with concern that some constitutional courts have ruled that measures taken during the pandemic were contrary to national law;
Amendment 15 #
2021/2180(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that judicial accountability and prosecutorial and judicial independence are crucial components of the rule of law; calls on the Commission to enforce these core EU values when they are infringed by Member States in order to increase citizens’ trust in the judiciary;
Amendment 20 #
2021/2180(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Takes note, with great concern, of the two rulings of the Spanish Constitutional Court finding the two states of emergency declared by the socialist government to be contrary to the constitution; regrets that democratic governments use instruments that violate citizens' rights and freedoms; welcomes, on the other hand, the good work of the Constitutional Court in this respect in protecting citizens' rights in the context of the appeals lodged by the VOX political party; recalls, in this regard, that all administrative and governmental activity is subject to the law and the rule of law
Amendment 22 #
2021/2180(INI)
4. Points to the high amount of petitions1 in relation toNotes petitions1 on the impact and challenges brought by the COVID-19 pandemic; recalls for an investigation into whether COVID-19-related measures were limited in time and whether their necessity and proportionality was justified; requests an assessment of the checks and balances during the pandemic, especially given that courts in several Member States have already ruled that certain measures were not consistent with the national constitution; underlines the need to have a clear legal regime in place before a crisisof guidelines in place before a crisis in order to ensure the proportionality and the necessity of the measures taken ; _________________ 1 Petitions No 1438/2020, 1469/2020, 1493/2020, 1501/2020, 0038/2021, 0046/2021, 0053/2021, 0106/2021, 0152/2021, 0186/2021 and 0533/2021.
Amendment 34 #
2021/2180(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s second Rule of Law Report (‘the Report’) and considers that the periodic review of the state of the rule of law is of great significance and is an essential monitoring tool; welcomes the importance that it rightly places on justice systems; stresses that effectiveness, independence and efficiency are three characteristics of justice systems which are equally essential for upholding the rule of law and which constitute the basis for mutual trust within the EU’s area of freedom, security and justice; notes the need for lawyers, judges and prosecutors to be able to exercise their functions with full autonomy and independence, without interference from any other institution or body, in accordance with the principle of the separation of powers; argues that this is an indispensable condition for ensuring equality and the protection of citizens’ rights under the law;
Amendment 37 #
2021/2180(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 38 #
2021/2180(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the fact that lawyers are now part of the EU Justice Scoreboard’s questionnaire; stresses that independent lawyers are also essential to independent justice systems; reiterates the need for lawyers and the judiciary to be highly qualified and regularly trained in the rule of law and in EU law in general, and calls on the Commission to extend the scope of its next Report to include this area;
Amendment 40 #
2021/2180(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 44 #
2021/2180(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Regrets the recent political agreement between the Spanish Government and the Partido Popular for the partisan appointment of judges to the Spanish Constitutional Court; regrets that these appointments were made in response to the Constitutional Court's decision to uphold several appeals lodged by the VOX political party, with the aim of interfering in the normal functioning of democratic institutions; deplores the double standards of the EU institutions on the basis of the political colour of each government;
Amendment 51 #
2021/2180(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that the health crisis has unleashed widespread uncertainty among citizens, which has provided an ideal scenario for the public authorities to pursue their own agendas in a completely discretionary manner; notes that measures proposed to tackle COVID-19 have often been carried out on grounds not related to public health, based on so- called expert committees with questionable expertise and pursuing a political agenda, with the aim of spreading panic in society and expanding social and political control;
Amendment 51 #
2021/2180(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses the indispensability of enforcing court sentences, both at national and EU level; condemns all national and regional governments on EU territory that refuse to follow judgments; emphasises that sentences of the Court of Justice of the European Union have to be implemented in a timely manner and as soon as possible in accordance with the Treaties, which the Member States agreed to comply with5 in those topics where the European Union has exclusive competences; _________________ 5 Petition No 0858/2017.
Amendment 53 #
2021/2180(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Regrets the attitudes of the Catalan government authorities, boasting publicly of their refusal to comply with the judgments ruled by the competent courts in the field of education, flagrantly breaching the right of children to study in the official language of their Member State; considers that these attitudes and actions, together with the harassment of the plaintiffs, jeopardise the compliance of the rule of law and the separation of powers, thereby seriously harming the law and the rights of citizens;
Amendment 55 #
2021/2180(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Regrets that political activity is carried out without following judicial criteria, be it for political or ideological reasons; regrets the partisan use of pardons, especially where there is no recommendation to that effect from the relevant judicial authority; recalls that judgments are reasoned and that judgments should not be remitted for mere political or strategic reasons;
Amendment 56 #
2021/2180(INI)
Draft opinion
Paragraph 10
Paragraph 10
Amendment 57 #
2021/2180(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Invites the Commission to take measures to strengthen corruption prevention6 in order to create more transparency in administration and improve access to information about lobbying and oversight of political party, trade unions, NGOs and employers' associations financing; _________________ 6 Petitions No 0822/2020 and 0194/2020.
Amendment 60 #
2021/2180(INI)
Draft opinion
Paragraph 11
Paragraph 11
Amendment 60 #
2021/2180(INI)
Motion for a resolution
Recital B
Recital B
Amendment 65 #
2021/2180(INI)
Draft opinion
Paragraph 12
Paragraph 12
Amendment 69 #
2021/2180(INI)
Motion for a resolution
Recital C
Recital C
C. whereas withoutgiven the lack of impartiality on the part of the Commission, and without factual, effective follow- up devoid of ideological prejudices, the rule of law report may fail to prevent, detect and effectively address systemic challenges and backsliding on the rule of law, as witnessed in several EU Member States in recent yearsnd may become a further instrument of political interference;
Amendment 71 #
2021/2180(INI)
Draft opinion
Paragraph 13
Paragraph 13
Amendment 78 #
2021/2180(INI)
Motion for a resolution
Recital D
Recital D
Amendment 79 #
2021/2180(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Recalls the important role of journalists and civil society in raising the alarm about, and drawing attention to, any breaches of the rule of law, including with regard to the proper functioning of justice systems, and; calls for them to be given enhanced protection against intimidation or violence; condemns the instrumental use of justice to undermine freedom of information, notably through the use of strategic lawsuits against public participation (SLAPPs) in the EU; regrets the use of self-appointed censors who exclusively follow political and/or ideological criteria; strongly condemns any kind of ideological censorship of any political party or citizen in the traditional media or on social media;
Amendment 81 #
2021/2180(INI)
14a. Notes that the media constitutes a fundamental pillar in safeguarding public order and must therefore fulfil its obligations to provide truthful information to the public and avoid political interference; urges Member States to ensure real pluralism of their media, centered on the veracity and reliability of their sources of information; strongly condemns the manipulation or decontextualisation carried out by certain media;
Amendment 81 #
2021/2180(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Observes that fake news and the resulting misinformation aimed at EU citizens are a threat to our EU democracies10 especially when the source of misinformation is founded in the institutions of the European Union or the Member States; notes, however, that overly extensive control of false information and the increased promotion of disinformation campaigns may lead to a violation of Article 11(1) of the EU Charter of Fundamental Rights which guarantees the right to receive and impart information and ideas without interference by public authorities and regardless of borders11 ; _________________ 10 Petitions No 1310/2019, 0268/2020, 0743/2020 and 1293/2020. 11 Petition No 1336/2020.
Amendment 85 #
2021/2180(INI)
Draft opinion
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Regrets that political institutions, politicians and associations financed by public funds openly reject court rulings that are not to their liking; regrets, in this regard, that certain political representatives publicly boast of their intention not to comply with court rulings; condemns any kind of harassment of claimants and, in particular, all political and social pressure placed on them, especially in the case of minors;
Amendment 85 #
2021/2180(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Is concerned about the increase in hate crimes agpropaganda campaigns that minorities, in particular those related to religious beliefs, political ideas and sexual orientation12 ; is aware of the difficult balance between hate speech and freedom of expression and acknowledges that the boundaries are hard to defineare being targeted with hate crimes; Points out that the balance between hate speech and freedom of expression is very hard to define and therefore before taking legal or any other measures, detail analysis should be made; in this regard recalls the need of strict supervision of the codes and mechanisms used by social media platforms to make their assessments on posted content; _________________ 12 Petitions No 0354/2020, 0657/2020, 1038/2020, 0471/2021, 0480/2021, 0667/2021, 0704/2021, 0725/2021, 0820/2021, 0855/2021 and 0894/2021.
Amendment 90 #
2021/2180(INI)
Draft opinion
Paragraph 15
Paragraph 15
Amendment 98 #
2021/2180(INI)
Draft opinion
Paragraph 16
Paragraph 16
16. Underlines that the role of civil society organisations is of particular importance; calls on the Commission to foster debates with civil society organisations in order to take note of all their concerns and involve them more effectively in follow-up meetings; highlights the need to offer longer consultation periods to guarantee proper participation of all civil society organisations., while noting at the same time that a clear set of rules on their financing should be developed;
Amendment 105 #
2021/2180(INI)
Draft opinion
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Deplores the actions of concealment and omission carried by public administrations in relation to the sexual abuse of minors under the care of regional administrations in Spain[1];recalls that the rights of minors must be protected super omnia; condemns those politicians who tried to dismiss parliamentary investigations aimed at clarifying responsibilities for ideological or partisan reasons16a; _________________ 16a Petition No 1313/2020 and 0468/2021
Amendment 106 #
2021/2180(INI)
Draft opinion
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Condemns the restriction to the freedom of movement of citizens affected by the "low emission zones" imposed in big cities; regrets that these arbitrary political measures mainly harm the most vulnerable citizens who cannot renounce to use their old cars16b _________________ 16b PetitionNo 1358/2020 and 0621/2021
Amendment 109 #
2021/2180(INI)
Draft opinion
Paragraph 16 c (new)
Paragraph 16 c (new)
16 c. Shows its total solidarity and full support for all victims of terrorism; condemns the fact that current governments negotiate with the heirs of armed bands; regrets that there are still unsolved terrorist attacks, especially the 379 unsolved murders committed by the terrorist group ETA16c _________________ 16c Fact Finding Mission to Vitoria and Madrid, Spain for the 379 unsolved cases of murders perpetrated by the terrorist group ETA
Amendment 109 #
2021/2180(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 124 #
2021/2180(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. WelcomNotes the fact that the functioning of justice systems, the anti- corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space to a certain extent, are all part of the Commission’s annual report; regrets, however, that not all rule of law issues were covered in sufficient detail in the 2021 report; calls for the inclusion in the annual report of other important elements of the Venice Commission’s 2016 Rule of Law Checklist; believes that civic space deserves a separate subheading in the report;
Amendment 147 #
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 thatconducting an impartial analysis by listening to all parties involved; believes that more time should be devoted to the Commission’s country visits, including on site;
Amendment 156 #
2021/2180(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. WelcomNotes the fact that all Member States are scrutinised according to the same indicators and methodology; emphasises that presenting deficiencies or breaches of a different nature or intensity risks trivialising the most serious breaches of the rule of law; urges the Commission to differentiate its reporting by distinguishing between systemic breaches of the rule of law and isolated breaches;
Amendment 166 #
2021/2180(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 174 #
2021/2180(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Regrets that the report does not include in more detail the huge backsliding on freedoms and the exercise of fundamental rights, which has occurred in the EU as a result of the pandemic, mainly due to the fact that this backsliding has been perpetrated by governments of parties that dominate the European Commission; underlines with concern that European instruments such as the EU Digital COVID Certificate have been used in circumvention of the law to curb fundamental rights and freedoms, running counter to the objectives that led to its creation; calls, in this regard, on the Commission to seek to ensure that good use is made of these instruments or to propose, through the legislative instruments at its disposal, the end of their implementation period;
Amendment 175 #
2021/2180(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Takes note, with great concern, of the two rulings of the Spanish Constitutional Court finding the two states of emergency declared by the socialist government to be contrary to the constitution; regrets that the Commission looks the other way when ideologically like-minded governments use instruments that violate citizens’ rights and freedoms;
Amendment 176 #
2021/2180(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 210 #
2021/2180(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. WelcomNotes the Commission’s intention to include country-specific recommendations in the 2022 report; calls onreminds the Commission to accompany such recommendations with 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 recommendationlimit its action to those areas where the Union has competences, without interfering in any way with the national competences of the Member States;
Amendment 212 #
2021/2180(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 220 #
2021/2180(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 238 #
2021/2180(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 260 #
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; 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 284 #
2021/2180(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 291 #
2021/2180(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 301 #
2021/2180(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 308 #
2021/2180(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 316 #
2021/2180(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 322 #
2021/2180(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 329 #
2021/2180(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 340 #
2021/2180(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 352 #
2021/2180(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 366 #
2021/2180(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 375 #
2021/2180(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
Amendment 379 #
2021/2180(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
Amendment 64 #
2021/2166(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission and the Council to respect the Treaties and the division of competences between the EU and the Member States;
Amendment 102 #
2021/2166(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes that currently see many legislative initiatives being prepared by the Commission imposing new burdens on entrepreneurs, propose that each new legislative initiative that burdens businesses should remove at least two other;
Amendment 154 #
2021/2166(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses the importance of easy access for citizens to the sources of law, which is currently difficult in relation to EU law, because and the need to create a single transparent website where the entire legislative process and additional documents of all EU institutions can be followed;
Amendment 1 #
2021/2025(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomNotes the Commission’s first ever Rule of Law Report as a positive addition to the EU’s toolbox to prevent and address rule of law issues in Member States;
Amendment 2 #
2021/2025(INI)
Motion for a resolution
Citation 9
Citation 9
Amendment 6 #
2021/2025(INI)
Motion for a resolution
Citation 21
Citation 21
Amendment 8 #
2021/2025(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that the Member States are independent and sovereign;
Amendment 8 #
2021/2025(INI)
Motion for a resolution
Citation 29
Citation 29
Amendment 9 #
2021/2025(INI)
Motion for a resolution
Citation 32
Citation 32
Amendment 10 #
2021/2025(INI)
Motion for a resolution
Citation 33
Citation 33
Amendment 13 #
2021/2025(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the Commission’s report is a response to the Council’s failuredecision not to trigger the procedure under Article 7(1) of the Treaty on European Union (TEU), as requested by the Commission in 2017 and Parliament in 2018; regrets that the Council has failed to resume hearings under Article 7 of the TEU since December 2019; notes that the failure to apply Article 7 of the TEU, also due to the requirement of unanimity for the sanctions mechanism, enables continued divergence from the values enshrined in Article 2 of the TEU;
Amendment 13 #
2021/2025(INI)
Motion for a resolution
Citation 34
Citation 34
Amendment 15 #
2021/2025(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. WelcomesTakes note of the Commission’s 2020 Rule of Law Report (the Report) and the importance that it places on the justice system;
Amendment 15 #
2021/2025(INI)
Motion for a resolution
Citation 35
Citation 35
Amendment 16 #
2021/2025(INI)
Motion for a resolution
Citation 37
Citation 37
Amendment 17 #
2021/2025(INI)
Motion for a resolution
Citation 39
Citation 39
Amendment 18 #
2021/2025(INI)
Motion for a resolution
Citation 40
Citation 40
Amendment 19 #
2021/2025(INI)
Motion for a resolution
Citation 43
Citation 43
Amendment 20 #
2021/2025(INI)
Motion for a resolution
Citation 44
Citation 44
Amendment 21 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the report fails to fully address all Union values set out in Article 2 of the TEU, such as democracy and fundamental rights; reiterates the need to have a single monitoring system for democracy, the rule of law and fundamental rights applicable equally to all Member States and based on clear and transparent criteria in order to avoid any politicization, as proposed by Parliament1 ; calls on the Council and the Commission to engage in discussions to set up such a mechanism via an interinstitutional agreement; _________________ 1European Parliament resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (texts adopted, P9_TA(2020)0251).
Amendment 21 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses, in line with the Report, that effective justice systems which are independent and efficient are essential for upholding the rule of law; highlights, in particular, the need for the judiciary to be able to exercise its functions with full autonomy, without intervention from any other institution or body, in accordance with the principle of separation of powers; emphasises that national justice systems are an area in which the Member States have exclusive competence and the European Union does not have competence;
Amendment 21 #
2021/2025(INI)
Motion for a resolution
Citation 45
Citation 45
Amendment 22 #
2021/2025(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Regrets the institutional inactivity towards the international crime of illegal migration;
Amendment 23 #
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 Article 2 TEU applies not only and not even primarily to the Member States, but to the European Union and the rule of law should cover the EU institutions, all the more so that they have long been accused of democratic deficit;
Amendment 27 #
2021/2025(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the annual rule of law review cycle is a welcomen addition to the tools available to preserve the Union’s values, by addressing the situation in all EU Member States based on four pillars, with a direct bearing on respect for the rule of lawthe Union; whereas it is intended as a yearly cycle to ensure the rule of law and to prevent problems from emerging or deepening;
Amendment 28 #
2021/2025(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. WelcomNotes the methodology of the report, which focuses on four pillars: independence of the judiciary, the anti- corruption framework, media pluralism, and checks and balances; considers however that some of these pillars could be easily manipulated and are not a clear indicator of the purposes that the report wants to achieve, therefore invites the Commission to include in the next editions further pillars such as for example an assessment of how the right to a fair trial is guaranteed in Member States, with particular attention paid to the right of defence, and equality between prosecution and defence parties; believes that the report should go beyond monitoring and include preventive and corrective elements with a clear outline of enforcement measures;
Amendment 29 #
2021/2025(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. regrets the fact that the extreme- left violence and hate-speech have not been treated with equal attention in all Member States, compromising the citizens' trust to the Rule of Law;
Amendment 29 #
2021/2025(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Commission’s first Rule of Law Report (2020 report) is limitextended in scope, as it does not covercovers more than just rule of law as one of all Union values as provided for in Article 2 of the TEU; whereas the notion of the rule of law has different and distinct manifestations in the Member States and there is no definition of it at the EU level;
Amendment 31 #
2021/2025(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is deeply preoccupied by the fact that judicial independence continues to be a subject of serious concern in some Member States; expresses its regret that Hungary and Poland lodgthe disparity in the criteria used ain action for annulment of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protssessing justice systems in the various Member States, with assessment criteria twisted to criticise some countries but not others for similar situations; regrets in this regard the constant persecution of the Union budget in March 2021, which aims to address breaches of the rule of law with an impact on the Union’s financial interestose countries, such as Hungary and Poland, that do not conform to the ideology ruling in the institutions;
Amendment 35 #
2021/2025(INI)
Motion for a resolution
Recital D
Recital D
D. whereas while the 2020 report raises concerns and awareness, it does not provide a sufficient assessment of the effectiveness of the reforms carried out by each country, nor any concrete country- specific recommendations, which could jeopardise its intended preventive effectsbecause the Commission has no competences in this regard and the only recommendations regarding the rule of law may be addressed in accordance with procedure set up Article 7(1) TEU;
Amendment 39 #
2021/2025(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that the Court of Justice of the European Union recently ruled2 that civil society organisations must be able to operate without unjustified interference by the state, acknowledging that the right to freedom of association constitutes one of the essential bases of a democratic and pluralist society; is seriously concerned that some NGOs active in the area of migration and LGBTI+ rights are subject to smear campaigns, and facedisregard national seovere restriction of the civic spaceignty wherever they can operate. _________________ 2Judgment of 18 June 2020, Commission v Hungary, C-78/18, EU:C:2020:476, paragraphs 112 and 113.
Amendment 39 #
2021/2025(INI)
Motion for a resolution
Recital E
Recital E
Amendment 42 #
2021/2025(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission not to use allthe tools at its disposal to counter violations of EU values, such as infringement procedures, including expedited procedures, actions to ensure compliance with the judgments of the Court of Justice and applications for interim measures before the Court; welcomes the new rule of law conditionality mechanism and to punish Member States; recalls that the Union, in accordance with Article 4(2) TEU, shall respect the equality of Member States before the Treaties as well asks that it be fully enforced with regard to all EU funds, including Next Generation EUeir national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government;
Amendment 44 #
2021/2025(INI)
Motion for a resolution
Recital F
Recital F
Amendment 45 #
2021/2025(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the periodic review of the rule of law is of great significance and commends the efforts of the Commission to encourage structural reforms in the areas covered by the Report; believes, however, that while it is an essential monitoring tool, clear recommendations on the challenges identified and the required follow-up action is indispensable; urges the Commission to make robust use of infringement procedures where appropriate, to prevent backsliding onin which the Union has competence, while refraining from making a pronouncement on those competences that have not been bestowed upon it by the Treaties; believes, however, that while it is an essential monitoring tool, it is interesting that recommendations are made that are designed to direct and assist Member States in improving their compliance with the rule of law; reminds the Commission that it shall not interfere during infringement procedures in areas where it does not have competence, so as to respect the rule of law both in national justice systems and urges the Council to resume all pending procedures under Article 7(1) of the TFEU and to inform the Parliament thereofin the Union;
Amendment 52 #
2021/2025(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notices with satisfaction that the Report contains separate national chapters attempting to lay down a common methodologynd that the methodology needs to be improved to make it common to all Member States; calls on the Commission, however, to provide a meaningfulsimple and clear comparison between the different national justice systems, to underline where best practices for comparable systems might be applied and how similar deficiencies could be addressed without a preconceived ideological slant;
Amendment 53 #
2021/2025(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that the comparison between Member States is only to be used as a way of possibly assisting or helping Member States in their efforts to make their justice systems more effective; emphasises that this comparison is never to be used to disparage or undermine a national justice system and / or persecute those Member States that respect their constitutional framework and the rule of law, but do not act in accordance with the dominant ideology;
Amendment 58 #
2021/2025(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomNotes the Commission’s first annual Rule of Law Report as part of the wider European rule of law monitoring and enforcement architecture, as it adds an important, potentially preventive tool to the Union’s rule of law toolbox;
Amendment 63 #
2021/2025(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. WelcomNotes 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; encouragesnotes that the Commission to also highlight positive trends in Member Statehas no competences to determine whether the situation in Member States constitutes positive or negative trends that could serve as good examples for others to follow;
Amendment 72 #
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; considers these assessments necessary to identify follow- up actions and remedial measures and tools;
Amendment 78 #
2021/2025(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 86 #
2021/2025(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the annual reports shcould 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 are becoming blueprints for others or when the gravity and scope of such practices have the potential to affect the Union as a whole;
Amendment 92 #
2021/2025(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Expresses its concern over the Commission's lack of impartiality in its first annual report, which displays greater flexibility over problems or a failure to mention them when the government of a Member State comes from one of the majority parties making up the Commission, but, when this is not the case, attempts to boost the arguments of the opposition parties in order to influence future electoral processes; regrets in this regard the failure to include the collusion by some national governments with attacks on freedom of expression and democratic rights when these are contrary to conservative ideas;
Amendment 97 #
2021/2025(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. WelcomNotes the monitoring of the independence, quality and efficiency of the Member States’ justice systems; considers that the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level; considers thatorganization and functioning of state bodies, in particular the judiciary is one of the areports should go beyond a static annual snapshot and include information on relevant antecedents in the country chaptersas in which the Member States have not transferred competences to the European Union and despite this, the Commission evaluates them;
Amendment 113 #
2021/2025(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is alarmed by the stark deterioration of the independence of some Member States’ justice systems, as reflected in some country chapters; calls on the Commission to clearly assess and designate such shortcomings and findings identified as a clear risk of a serious breach of the rule of lawNotes with concern that, apart from the reporting (objective) elements, the report contains evaluative (subjective) elements, without clearly delineating them; rebukes that when assessing similar legal regulations in force in different Member States, the Commission often points to reforms planned in a given area in the Member States, differently assessing solutions designed in some and identical solutions already in use in other Member States;
Amendment 120 #
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 byCourt of Justice of the EU more and more often goes beyond its Treaty competences and rules ultra vires; supports the growing resistance of some Member States to comply with CJEU rulings on the grounds of sovereignty or unconstitutionality; believes that these developments in the CJEU pose a systemic threat to the existence of the Union; considers, therefore, that forthcoming annual reports should consider challenges from the CJEU's side to the Union’s legal architecture and principles as serious violations in the assessment;
Amendment 136 #
2021/2025(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. WelcomNotes the dedication of a specific chapter to anti-corruption efforts in each country report; points out that while the existence of national anticorruption strategies can be considered progress, their effectiveness on the ground must also be assessed; notes that an assessment of the resilience of the anti-corruption framework to tackle corruption-related risks in the area of public procurement remains largely absent from the 2020 report; invites the Commission to place greater emphasis on the misuse of EU funds, particularly in view of the new conditionality mechanism;
Amendment 153 #
2021/2025(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. WelcomNotes the inclusion in the report of a specific chapter on monitoring media freedom and pluralism; urginvites the Commission to provide an assessment of the efficiency and effectiveness of the national frameworks for the protection of media freedom and media pluralism;
Amendment 160 #
2021/2025(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. DeplorNotes 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 179 #
2021/2025(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. WelcomNotes the report’s pillar on checks and balances and its examination of exceptional measures taken to fight the COVID-19 pandemic;
Amendment 184 #
2021/2025(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 196 #
2021/2025(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 204 #
2021/2025(INI)
16. RegretNotes the fact that the 2020 report fails todoes not encompass fully the Article 2 TEU values of democracy and fundamental rights, which are immediately affected when countries start backsliding onbecause they are not the rule of law;
Amendment 206 #
2021/2025(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Encourages the Commission to consider including within the scope of future reports the application of all rights guaranteed by the Charter of Fundamental Rights; sStresses 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;
Amendment 214 #
2021/2025(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 228 #
2021/2025(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. WelcomNotes the Commission’s announcement of its strategy to strengthen the application of the Charter of Fundamental Rights; believes that such an annual review should provide input for a comprehensive monitoring mechanism and that its methodology, cycle and scope should therefore be aligned with the annual reports;
Amendment 234 #
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, professional associations and other stakeholders; notes 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 242 #
2021/2025(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that civil societythe Member States 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 processand therefore should hold a means of wielding influence on the reports’ final content; calls on the Commission to provide that each Member State, after the report has been prepared but before it has been published, have the opportunity to read it and raise objections or comments and the right of final acceptance of that part of the report that relates to themselves and any non- acceptance or dissent, as the case may be, should be indicated directly in the report;
Amendment 249 #
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, includStresses that the annual monitoring cycle should be an EU-only exercise and all sources that are not EU sources should be rejected ing through a more structured partnership, is of particular relevance for advancing democracy, the rule of law and fundamental rights in the EUe selection of inputs to the report, which applies in particular to the Council of Europe and its Parliamentary Assembly, of which the EU is not a member so far;
Amendment 254 #
2021/2025(INI)
Motion for a resolution
Subheading 8
Subheading 8
Amendment 256 #
2021/2025(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 269 #
2021/2025(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Strongly regrets the inability of the Council to make mRecognises the leandingful 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; 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 role of the Council in ongoing Article 7 TEU procedures;
Amendment 276 #
2021/2025(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. ReiteratStresses that the annual report should not 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;
Amendment 284 #
2021/2025(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for the Commission to useStresses that 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; reiterates its call on the Commission to dedicate a specific section of the annual report to an analysis of cases where breacheshould not constitute the basis for further assessments, findings or formulation of recommendations concerning individual Member States, made in areas of the principles ofr than 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 wa, e.g. in the field of economic and fiscal policy;
Amendment 299 #
2021/2025(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to assessinform in successive reports how the issues identified in the areas analysed in previous reports have evolved;
Amendment 304 #
2021/2025(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 6 #
2021/2018(INI)
Motion for a resolution
Recital A
Recital A
A. whereas European political parties help to raise European political awareness and express the will of Union citizens; that reflects their political diversity; whereas strong political parties and foundations at European level are essential for the development of a truly European political sphere;
Amendment 33 #
2021/2018(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 39 #
2021/2018(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 47 #
2021/2018(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that makSubjecting European political parties and foundations subject to European and national rules, which are laid down in different legal instruments, is a source of confusion and legal uncertainty is accurate. This arrangement reflects well the division of powers in this area between the European Union and the Member States. Thus, such division should be preserved;
Amendment 56 #
2021/2018(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the ban on financing referendum campaigns on European issues goes against the purpose of European political parties and foundations; is in line with the original intent of the regulation. Thus, national referendums should be kept at national competence level;
Amendment 82 #
2021/2018(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for themaintaining prohibition on financing referendum campaigns to be lifted,, even if they are linked to European issues;
Amendment 127 #
2021/2018(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Supports the idea of increasing the importanceCalls for maintaining current policies of the own resources of European political parties when calculating the amount financed by the Union as they safeguard a balance between large and small Parties;
Amendment 129 #
2021/2018(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 132 #
2021/2018(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 137 #
2021/2018(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 140 #
2021/2018(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 7 #
2021/2013(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes the new European pharmaceutical strategy that is being presented as a fresh opportunity to enhance EU competitiveness and consolidate the role of European industry, thereby avoiding the relocation of companies outside the EU; stresses that this is also an opportunity for Member States to play a more prominent role at global level;
Amendment 15 #
2021/2013(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls that health falls within the remit of the Member States alone and that Union initiatives must remain within the framework laid down in Article 152 of the Treaty; points out in this regard that the EU must confine itself to complementing and facilitating measures by the Member States to achieve their objectives;
Amendment 30 #
2021/2013(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises the key importance of intellectual property protection in the EU, which is essential if the EU is not to be dependent on third countries and is to enhance its strategic autonomy in the field of medicines; calls for a joint review process involving European, nstresses that intellectual property rights enhance the accessibility, innovation and competitiveness of the sector and improve the safety of medicines and of patients; calls for the role of the Member States to be enhanced by improving communicational and regional institutions, along with health professionals, industry representatives and stakeholders, with a view to identifying shared approaches, in particular to the challenges posed by the COVID-19 pandemiccooperation between the European institutions, national authorities, health professionals, industry representatives and stakeholders;
Amendment 47 #
2021/2013(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the importance of supporting research in the EU, not least in order to increase the number of patents filed in the Member States; stresses that one of the priorities should be to develop medicines in areas where needs have been met only insufficiently or not at all or where commercial interest is low, such as orphan drugs, paediatric cancer therapies and antimicrobial resistance (AMR) drugs; calls for unmet needs and the concept of additional therapeutic value to be more closely defined; draws attention, in that connection, to the key role played by AI and its potential as a driver of research and development in the health and pharmaceutical sector;
Amendment 58 #
2021/2013(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 74 #
2021/2013(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that, in order to keep the Member States globally competitive, any EU action must be free of ideological prejudices and focused on the development of a long-term strategy based on technically sound and simplified processes and the easing of burdens, in order to encourage the entry of a raft of new products on the market; stresses that changes to EU legislation are necessary in order to avoid moves towards industrial relocation outside EU borders;
Amendment 78 #
2021/2013(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Commission to develop, at minimum cost, a digital platform to serve as a contact point between Member States, providing channels of information, communication and advice in order to involve Member States in innovation projects at national and European level; encourages Member States accordingly to pool information regarding their practices in order to foster innovation;
Amendment 82 #
2021/2013(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission, to facilitate public access to information regarding patenting and licensing conditions, the findings of clinical and pre-clinical trials and public and private contributions;
Amendment 84 #
2021/2013(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Recalls that, in situations of crisis or health emergencies, changes to intellectual property rules are totally insufficient to meet short-term needs; calls on the Commission to endeavour to provide Member States with mechanisms and tools to ensure that, in exceptional situations and going beyond licensing policy, knowledge transfer is as effective as possible; calls on the Commission to consider the introduction of provisional regulatory mechanisms enabling Member States in exceptional circumstances to order and control the production of vaccines through the compulsory licensing of outside companies where they deem necessary;
Amendment 87 #
2021/2013(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Stresses the need for greater transparency in the price of medicines, especially in order to make consumers aware of indirect taxes on medicines and healthcare products; recalls that prices are set at national level;
Amendment 88 #
2021/2013(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Reminds the Commission that Member States are empowered to set their own priorities regarding innovative processes for the manufacture of new antibiotics; notes the need to facilitate access to new antibiotics while maintaining access to old ones;
Amendment 90 #
2021/2013(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls for maximum transparency in the use of public research and development funding and for easy public access to information regarding patenting and licensing conditions, the findings of clinical trials and public/private contributions.
Amendment 91 #
2021/2013(INI)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Stresses the need to devote more resources at European level to combat unfair and abusive market practices with regard to medicines; underlines, in this regard, the need for new funding lines to support the work of new start-ups and SMEs in the field of medical biotechnology;
Amendment 92 #
2021/2013(INI)
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6g. Stresses that EU legislation frequently acts as a bottleneck, stifling many of the innovations that SMEs are seeking to market; calls on the EU to review its pharmaceutical policies with a view to becoming a global hub of medical innovation; points out that the EU should focus on developing adequate capacity for the production of active substances, raw materials and medicines, thereby reducing its dependence on external sources;
Amendment 93 #
2021/2013(INI)
Draft opinion
Paragraph 6 h (new)
Paragraph 6 h (new)
6h. Notes that innovation is far outstripping legislation; calls on the Commission to introduce a degree of regulatory flexibility in order to be able to respond more rapidly and effectively to new market requirements and demand for products;
Amendment 79 #
2021/0422(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasinglyst times extending beyond the borders of the Member States in which the offences are committed. Such offences pose a threat to the environment and therefore call for an appropriate and effective response.
Amendment 84 #
2021/0422(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The existing systems of penalties under Directive 2008/99/EC of the European Parliament and of the Council20 and environmental sectoral law have not been sufficient in all environmental policy area to achieve compliance with Union law for the protection of the environment. Compliance should be strengthened by the availability of appropriate criminal penalties, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties. _________________ 20 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
Amendment 91 #
2021/0422(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Member States should provide for appropriate criminal penalties in their national legislation in respect of serious infringements of provisions of Union law concerning protection of the environment. In the framework of the common fisheries policy, Union law provides for comprehensive set of rules for control and enforcement under Regulation (EC) No 1224/200921 and Regulation (EC) No 1005/2008 in case of serious infringements, including those that cause damage to the marine environment. Under this system the Member States have the choice between administrative and/or criminal sanctioning systems. In line with the Communication from the Commission on the European Green Deal22 and the EU Biodiversity Strategy for 203023 , certain intentional unlawful conduct covered under Regulation (EC) No 1224/2009 and Regulation (EC) 1005/200824 should be established as criminal offences. _________________ 21 Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1–153). 22 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS The European Green Deal, COM/2019/640 final. 23 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, COM/2020/380 final 24 Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999, (OJ L 286, 29.10.2008, p. 1– 32).
Amendment 93 #
2021/0422(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to constitute an environmental offence under this Directive, conduct should be unlawful under Union law protecting the environment or national laws, administrative regulations or decisions giving effect to that Union law. The conduct which constitutes each category of criminal offence should be defined and, where appropriate, a threshold which needs to be met for the conduct to be criminalised should be set. Such conduct should be considered a criminal offence when committed intentionally and, in certain cases, also when committed with serious negligence. Illegal conduct that causes death or serious injury of persons, substantial damage or a considerable risk of substantial damage for the environment or is considered otherwise as particularly harmful to the environment may constitutes a criminal offence when committed with serious negligence. Member States remain free to adopt or maintain more stringent criminal law rules in that area.
Amendment 105 #
2021/0422(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Qualitative and quantitative thresholds under Union law used to define environmental criminal offences should be clarified by providing a non-exhaustive list of circumstances which should be taken into account when assessing such thresholds by authorities which investigate, prosecute and adjudicate offences. This should promote the cohermore efficient application of the Directive and a more effectivetargeted fight against environmental crimes as well as provide for legal certainty. However, such thresholds or their application should not make the investigation, prosecution or adjudication of criminal offences excessively difficult and be in line with the principles of subsidiarity and proportionality.
Amendment 109 #
2021/0422(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In criminal proceedings and trials, due account should be taken of the involvement of organised criminal groups operating in ways that negatively impact the environment. Criminal proceedings should address corruption, money laundering, cyber-crime and document fraud and – in relation to business activities – the intention of the offender to maximise profits or save expenses, where these occur in the context of environmental crime. These crime forms are often interconnected with serious environmental crime forms and should therefore not be dealt with in isolationisregarded. In this respect, it is of particular concern that some environmental crimes are committed with the tolerance or active support of the competent administrations or officials performing his/her public duty. In certain cases this can even take the form of corruption. Examples of such behaviours are turning a blind eye or remaining silent on the infringement of laws protecting the environment following inspections, deliberately omitting inspections or controls for example with regard to whether the conditions of a permit are being respected by the permit-holder, resolutions or votes in favour of granting illegal licences or issuing falsified or untrue favourable reports.
Amendment 114 #
2021/0422(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Sanctions for the offences should be effective, dissuasive and proportionate. To this end, minimum levels for the maximum term of imprisonment should be set for natural persons. Accessory sanctions are often seen as being more effective than financial sanctions especially for legal persons. Additional sanctions or measures should be therefore available in crimiunder national proceedings, in line with national rules and legislation. These should include the obligation to reinstate the environment, exclusion from access to public funding, including tender procedures, grants and concessions and withdrawal of permits and authorisations. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases.
Amendment 124 #
2021/0422(COD)
Proposal for a directive
Recital 16
Recital 16
(16) A further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. Where the death of, or serious injury to, a person, have been caused and where these elements are not already constituent for the criminal offence, these could be considered as aggravating circumstances. Equally, when an environmental criminal offence causes substantial and irreversible or long- lasting damage to an entire ecosystem, this shcould be an aggravating circumstance because of its severity, including in cases comparable to ecocide. As the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals, these should be taken into account when determining the appropriate level of sanctioning in the individual case.
Amendment 135 #
2021/0422(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Furthermore, judicial and administrative authorities in the Member States should have at their disposal a range of criminalthe necessary and appropriate range of sanctions and other measures to address different types of criminal behaviour in a tailored and effective manner.
Amendment 158 #
2021/0422(COD)
Proposal for a directive
Recital 29
Recital 29
(29) To ensure successful enforcement, Member States should, where appropriate, make available effective investigative tools for environmental offences such as those which exist in their national law for combating organised crime or other serious crimes. These tools should include among others the interception of communications, covert surveillance including electronic surveillance, controlled deliveries, the monitoring of bank accounts and other financial investigation tools. These tools should be applied in line with the principle of proportionality and in full respect of the Charter of Fundamental Rights of the European Union. In accordance with national law, the nature and gravity of the offences under investigation should justify the use of these investigative tools. The right to the protection of personal data must be respected.
Amendment 175 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
(a) Union legislation, which irrespective ofn accordance with its legal basis contributes to the pursuit of those objectives of Union policy of protecting the environment as set out in the Treaty on the Functioning of the European Union;
Amendment 176 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(b) a law, an administrative regulation of a Member State or a decision taken by a competent authority of a Member State that gives effect to the Union legislation referred to in point (a) in accordance with the principle of subsidiarity.
Amendment 179 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3) ‘legal person’ means any legal entity having such status under the applicable national law, except for States or public bodies exercising State authority and for public international organisations;
Amendment 180 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3) ‘legal person’ means any legal entity having such status under the applicable national law, except forincluding States or public bodies exercising State authority and for, public international organisations, non- governmental organisations, political parties and trade unions;
Amendment 198 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that the following conduct constitutes a criminal offence when it is unlawful and committed intentionally if this is possible under their respective legal systems:
Amendment 222 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) the execution of projects referred to in Article 1(2)(a) of Directive 2011/92/EU of the European Parliament and of the Council38 without a development consent or an assessment with regard to their effects on the environ duly regulated prior assessment, which causes or is likely to cause substantial damage to the factors defined in Article 3(1) of Directive 2011/92/EU; _________________ 38 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).
Amendment 234 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 235 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
Amendment 236 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive, provided that the ship-source discharges do not satisfy the exceptions set in Article 5 of that Directive; this provision shall not apply to individual cases, where the ship- source discharge does not cause deterioration in the quality of water, unless repeated cases by the same offender in conjunction result in deterioration in the quality of water; all such penalties shall be applied only in a manner consistent with Article 230 of the 1982 United Nations Convention on the Law of the Sea; _________________ 42 Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ L 255, 30.9.2005, p. 11– 21).
Amendment 240 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
Amendment 243 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
Amendment 249 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
Amendment 254 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
Amendment 265 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
Amendment 268 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point r
Article 3 – paragraph 1 – point r
Amendment 282 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall ensure that the conduct referred to in paragraph 1, points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (m), (n), (p) (ii), (q), (r) also constitutes a criminal offence, when committed with at least serious negligence. with regard to the offences referred to in Article 3(1)(a) in the context of shipping, and (h), this article shall apply only in a manner consistent with Article 230 of the 1982 United Nations Convention on the Law of the Sea and with the obligations of Member States under the International Convention for the Prevention of Pollution from Ships (MARPOL).
Amendment 314 #
2021/0422(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that inciting, and aiding and abetting the commission of any of the criminal offences referred to in Article 3(1) are punishable as criminal offencesthey deem appropriate, in accordance with national criminal law.
Amendment 317 #
2021/0422(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures to ensure that an attempt to commit any of the criminal offences referred to in Article 3 (1) points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (m), (n), (p) (ii), (q), (r) when committed intentionally is punishable as a criminal offence.
Amendment 319 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take thmay take necessary measures to ensure that the offences referred to in Articles 3 and 4 are punishable by effective, proportionate and dissuasive criminal penalties.
Amendment 323 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shallmay take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least ten years if they cause or are likely to cause death or serious injury to any person.
Amendment 325 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by a maximum term of imprisonment of at least six years. with regard to the offences referred to in Article 3(1)(a) in the context of shipping, and (h), this article shall apply only in a manner consistent with international law and, in particular, with Article 230 of the 1982 United Nations Convention on the Law of the Sea.
Amendment 326 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shallmay take the necessary measures to ensure that the offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by a maximum term of imprisonment of at least six years.
Amendment 331 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shallmay take the necessary measures to ensure that the offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by a maximum term of imprisonment of at least four years.
Amendment 335 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – introductory part
Article 5 – paragraph 5 – introductory part
5. Member States shall take the necessary measures to ensure that natural persons who have committed the offences referred to in Articles 3 and 4 may be subject to additional sanctions or measures which shall include: the national provisions that may apply to them.
Amendment 336 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – introductory part
Article 5 – paragraph 5 – introductory part
5. Member States shallmay take the necessary measures to ensure that natural persons who have committed the offences referred to in Articles 3 and 4 may be subject to additional sanctions or measures which shall include:
Amendment 338 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
Amendment 341 #
Amendment 345 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
Amendment 350 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point d
Article 5 – paragraph 5 – point d
Amendment 353 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
Amendment 356 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point f
Article 5 – paragraph 5 – point f
Amendment 357 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point g
Article 5 – paragraph 5 – point g
Amendment 360 #
2021/0422(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that legal persons can be held liable for offences referred to in Articles 3 and 4 where such offences have been committed for their benefit by any person who has a leading position within the legal personcommitted such an offence, acting either individually or as part of an organ of the legal person, based on:;
Amendment 362 #
2021/0422(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 365 #
2021/0422(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 368 #
2021/0422(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 373 #
2021/0422(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, inciters or accessories in the offences referred to in Articles 3 and 4.
Amendment 378 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall take the may take necessary measures to ensure that a legal person held liable pursuant to Article 6(1) is punishable by effective, proportionate and dissuasive sanctions.
Amendment 379 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
Amendment 384 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
Amendment 387 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
Amendment 389 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
Amendment 392 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
Amendment 393 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point f
Article 7 – paragraph 2 – point f
Amendment 394 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point g
Article 7 – paragraph 2 – point g
Amendment 395 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point h
Article 7 – paragraph 2 – point h
Amendment 396 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point i
Article 7 – paragraph 2 – point i
Amendment 397 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point j
Article 7 – paragraph 2 – point j
Amendment 400 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point k
Article 7 – paragraph 2 – point k
Amendment 403 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shallmay take the necessary measures to ensure that a legal person held liable pursuant to Article 6(2) is punishable by sanctions or measures, which are effective, proportionate and dissuasive.
Amendment 406 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shallmay take the necessary measures to ensure that offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by fines, the maximum limit of which shall be not less than 5% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 416 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shallmay take the necessary measures to ensure that offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by fines, the maximum limit of which shall be not less than 3% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 419 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Member States shallmay take measures to ensure that the illegal profits generated from the offence and the annual turnover of the legal person are taken into account when a decision is made on the appropriate level of a fine pursuant to paragraph 1.
Amendment 420 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
In so far as the following circumstances do not already form part of the constituent elements of the criminal offences referred to in Article 3, Member States shallmay take the necessary measures to ensure that, in relation to the relevant offences referred to in Articles 3 and 4, the following circumstances may be regarded as aggravating circumstances:
Amendment 426 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point f
Article 8 – paragraph 1 – point f
Amendment 435 #
2021/0422(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shallmay take the necessary measures to ensure that, in relation to the relevant offences referred to in Articles 3 and 4, the following circumstances may be regarded as mitigating circumstances:
Amendment 441 #
2021/0422(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(ba) the offender was unaware of the damage caused, or the damage was not caused on purpose.
Amendment 444 #
2021/0422(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shallmay take the necessary measures to ensure, as appropriate, that their competent authorities may freeze or confiscate, in accordance with Directive 2014/42/EU of the European Parliament and of the Council58, the proceeds derived from and instrumentalities used or intended to be used in the commission or contribution to the commission of the offences as referred to in this Directive. _________________ 58 Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (OJ L 127, 29.4.2014, p. 39).
Amendment 451 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. Member State shall thmay take takhe necessary measures to enable the investigation, prosecution, trial and judicial decision:
Amendment 452 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 458 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 464 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
Amendment 473 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. By way of derogation from paragraph 2, Member States may establish a limitation period that is shorter than ten years, but not shorter than four years, provided that the period may be interrupted or suspended in the event of specified acts.
Amendment 475 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 478 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Each Member State shallmay take the necessary measures to establish its jurisdiction over the offences referred to in Articles 3 and 4 where:
Amendment 487 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 508 #
2021/0422(COD)
Proposal for a directive
Article 14
Article 14
Amendment 523 #
2021/0422(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shallmay take appropriate action, such as information and awareness- raising campaigns and research and education programmes, to reduce overall environmental criminal offences, raise public awareness and reduce the risk of population of becoming a victim of an environmental criminal offence. Where appropriate, Member States shall act in cooperation with the relevant stakeholders.
Amendment 525 #
2021/0422(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall ensure that national authorities which detect, investigate, prosecute or adjudicate environmental offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive.
Amendment 528 #
2021/0422(COD)
Proposal for a directive
Article 17
Article 17
Amendment 532 #
2021/0422(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall take the necessary and appropriate measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases, are also available for investigating or prosecuting offences referred to in Articles 3 and 4.
Amendment 541 #
2021/0422(COD)
Proposal for a directive
Article 20
Article 20
Amendment 550 #
2021/0422(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shallmay collect statistical data to monitor the effectiveness of their systems to combat environmental criminal offences.
Amendment 551 #
2021/0422(COD)
Proposal for a directive
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. The statistical data referred to in paragraph 1 shallmay include at least the following:
Amendment 552 #
2021/0422(COD)
Proposal for a directive
Article 21 – paragraph 2 – point a a (new)
Article 21 – paragraph 2 – point a a (new)
(aa) the nationality of the offender, specifically if the offender is not a national of the country in which the offence was committed;
Amendment 562 #
2021/0422(COD)
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 565 #
2021/0422(COD)
Proposal for a directive
Article 22
Article 22
Amendment 570 #
2021/0422(COD)
Proposal for a directive
Article 23
Article 23
Amendment 571 #
2021/0422(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [OP – please insert the date – within 1824 months after entry into force of the Directive]. They shall immediately inform the Commission thereof. The methods of making such reference shall be laid down by Member States.
Amendment 65 #
2021/0381(COD)
Proposal for a regulation
Title 1
Title 1
Amendment 67 #
2021/0381(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the transparency and targeting of political advertising (Text with EEA relevance)
Amendment 68 #
2021/0381(COD)
Proposal for a regulation
Recital 1
Recital 1
Amendment 69 #
2021/0381(COD)
Proposal for a regulation
Recital 2
Recital 2
Amendment 72 #
2021/0381(COD)
Proposal for a regulation
Recital 3
Recital 3
Amendment 74 #
2021/0381(COD)
Proposal for a regulation
Recital 4
Recital 4
Amendment 80 #
2021/0381(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 84 #
2021/0381(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 87 #
2021/0381(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 90 #
2021/0381(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 93 #
2021/0381(COD)
Amendment 96 #
2021/0381(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 97 #
2021/0381(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 101 #
2021/0381(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 102 #
2021/0381(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 103 #
2021/0381(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 106 #
2021/0381(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 109 #
2021/0381(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 111 #
2021/0381(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 115 #
2021/0381(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 117 #
2021/0381(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 123 #
2021/0381(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 124 #
2021/0381(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 127 #
2021/0381(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 128 #
2021/0381(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 130 #
2021/0381(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 133 #
2021/0381(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 134 #
2021/0381(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 136 #
2021/0381(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 139 #
2021/0381(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 140 #
2021/0381(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 141 #
2021/0381(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 144 #
2021/0381(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 146 #
2021/0381(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 147 #
2021/0381(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 149 #
2021/0381(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 151 #
2021/0381(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 152 #
2021/0381(COD)
Proposal for a regulation
Recital 36
Recital 36
Amendment 154 #
2021/0381(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 156 #
2021/0381(COD)
Proposal for a regulation
Recital 38
Recital 38
Amendment 159 #
2021/0381(COD)
Proposal for a regulation
Recital 39
Recital 39
Amendment 161 #
2021/0381(COD)
Proposal for a regulation
Recital 40
Recital 40
Amendment 162 #
2021/0381(COD)
Proposal for a regulation
Recital 41
Recital 41
Amendment 167 #
2021/0381(COD)
Proposal for a regulation
Recital 42
Recital 42
Amendment 169 #
2021/0381(COD)
Proposal for a regulation
Recital 43
Recital 43
Amendment 170 #
2021/0381(COD)
Proposal for a regulation
Recital 44
Recital 44
Amendment 174 #
2021/0381(COD)
Proposal for a regulation
Recital 45
Recital 45
Amendment 176 #
2021/0381(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 178 #
2021/0381(COD)
Proposal for a regulation
Recital 47
Recital 47
Amendment 181 #
2021/0381(COD)
Proposal for a regulation
Recital 48
Recital 48
Amendment 185 #
2021/0381(COD)
Proposal for a regulation
Recital 49
Recital 49
Amendment 189 #
2021/0381(COD)
Proposal for a regulation
Recital 50
Recital 50
Amendment 193 #
2021/0381(COD)
Proposal for a regulation
Recital 51
Recital 51
Amendment 196 #
2021/0381(COD)
Proposal for a regulation
Recital 52
Recital 52
Amendment 199 #
2021/0381(COD)
Proposal for a regulation
Recital 53
Recital 53
Amendment 203 #
2021/0381(COD)
Proposal for a regulation
Recital 54
Recital 54
Amendment 206 #
2021/0381(COD)
Proposal for a regulation
Recital 55
Recital 55
Amendment 207 #
2021/0381(COD)
Proposal for a regulation
Recital 56
Recital 56
Amendment 209 #
2021/0381(COD)
Proposal for a regulation
Recital 57
Recital 57
Amendment 210 #
2021/0381(COD)
Proposal for a regulation
Recital 58
Recital 58
Amendment 215 #
2021/0381(COD)
Proposal for a regulation
Recital 59
Recital 59
Amendment 218 #
2021/0381(COD)
Amendment 219 #
2021/0381(COD)
Proposal for a regulation
Recital 61
Recital 61
Amendment 221 #
2021/0381(COD)
Proposal for a regulation
Recital 62
Recital 62
Amendment 224 #
2021/0381(COD)
Proposal for a regulation
Recital 63
Recital 63
Amendment 228 #
2021/0381(COD)
Proposal for a regulation
Recital 64
Recital 64
Amendment 229 #
2021/0381(COD)
Proposal for a regulation
Recital 65
Recital 65
Amendment 231 #
2021/0381(COD)
Proposal for a regulation
Recital 66
Recital 66
Amendment 233 #
2021/0381(COD)
Proposal for a regulation
Recital 67
Recital 67
Amendment 236 #
2021/0381(COD)
Proposal for a regulation
Recital 68
Recital 68
Amendment 237 #
2021/0381(COD)
Proposal for a regulation
Recital 69
Recital 69
Amendment 238 #
2021/0381(COD)
Proposal for a regulation
Recital 70
Recital 70
Amendment 239 #
2021/0381(COD)
Proposal for a regulation
Recital 71
Recital 71
Amendment 240 #
2021/0381(COD)
Proposal for a regulation
Article 1
Article 1
Amendment 260 #
Amendment 264 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means and during an electoral period, of a message:
Amendment 267 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
(a) by, for or on behalf of a political actor, unless it is of a purely private or a purely commercial nature; or
Amendment 269 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) which is liable to influence the outcome of anthe election or referendum, a legislative or regulatory process or voting behaviour.;
Amendment 272 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
Amendment 277 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point b
Article 2 – paragraph 1 – point 4 – point b
Amendment 278 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point d
Article 2 – paragraph 1 – point 4 – point d
Amendment 279 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point e
Article 2 – paragraph 1 – point 4 – point e
Amendment 280 #
2021/0381(COD)
Amendment 282 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point h
Article 2 – paragraph 1 – point 4 – point h
Amendment 284 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point h a (new)
Article 2 – paragraph 1 – point 4 – point h a (new)
(ha) any non-governmental organisation operating in the Union area and receiving public funds directly or indirectly;
Amendment 285 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. ‘political advertising service’ means a service consisting of political advertising with the exception of an online intermediary service within the meaning of Article 2(f) of Regulation (EU) 2021/XXX [Digital Services Act] that is provided without consideration for the placement, publication or dissemination for the specific message;
Amendment 286 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. ‘political advertising service’ means a service consisting of political advertising with the exception of an online intermediary service within the meaning of, including Information Society services as defined in Article 2(f1(2) of Regulation (EU) 2021/XXX [Digital Services Act] that is provided without consideration for the placement, publication or disseminDirective 98/48/EC of 20 July 1998 amending Directive 98/34/EC laying down a procedure for the provision of information forin the specific message;field of technical standards and regulations.
Amendment 292 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State and during which the campaign activities are subject to specific national rules;
Amendment 295 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
11. ‘political advertising publisher’ means a natural or legal person that broadcasts, makes available through an interface or otherwise brings to the public domain political advertising through any physical or electronic medium;
Amendment 301 #
2021/0381(COD)
Proposal for a regulation
Article 3
Article 3
Amendment 305 #
2021/0381(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 308 #
2021/0381(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 311 #
2021/0381(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 314 #
2021/0381(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall be retained for a period of five years from the date of the last preparation, placement, publication or dissemination, as the case may bto be established by each Member State.
Amendment 316 #
2021/0381(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 317 #
Amendment 326 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
Amendment 334 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and, where they find this is not the case, they shall not makepoint this out when making available the political advertisement.
Amendment 341 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Political advertising publishers shall retain their transparency notices, together with any modifications, for a period of five years after the end of the period referred to in paragraph 4to be established by each Member State.
Amendment 346 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Member States, including competent authorities, and the Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this Article, taking into account the specific characteristics of the relevant service providers involved and the specific needs of micro, small and medium-sized enterprises, within the meaning of Article 3 of Directive 2013/34/EU.
Amendment 347 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
Amendment 350 #
2021/0381(COD)
Proposal for a regulation
Article 8
Article 8
Amendment 354 #
2021/0381(COD)
Amendment 355 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 357 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 359 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 362 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 365 #
2021/0381(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 366 #
2021/0381(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 367 #
2021/0381(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 368 #
2021/0381(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. The provider of political advertising services must in turn inform the party contracting the advertising of the request for information from the competent authorities, providing them with a copy of the request.
Amendment 369 #
2021/0381(COD)
Proposal for a regulation
Article 10 – paragraph 2 b (new)
Article 10 – paragraph 2 b (new)
2b. During an election period, the providers of political advertising services (including online providers) shall acknowledge receipt and provide the information requested by the competent authority within one working day;
Amendment 370 #
2021/0381(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 372 #
Amendment 373 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 374 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Providers of political advertising services shall take the appropriate measures to transmit the information referred to in Article 6 to interested entities upon request and without costs. The service provider may limit the information on the amount contracted if so requested by one of the parties or if the supplier considers that disclosing such information would occasion them economic or material harm under Directive 2016/943 on the protection of undisclosed know-how and business information.
Amendment 375 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Amendment 376 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 377 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 379 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
Amendment 380 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
Amendment 381 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 382 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 383 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 384 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. When preparing the information to be provided pursuant to paragraph 1, the service provider may aggregate the relevant amounts or place them in a range, to the extent necessary to protect its commercial legitimate interests, provided that the contracting party authorises this.
Amendment 385 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 386 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
Amendment 387 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
Amendment 390 #
Amendment 402 #
2021/0381(COD)
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. Publishers of online political advertising that are online platforms within the meaning of Article 2(f) of Regulation (EU) 2021/XXX [Digital Services Act] shall provide the Digital Services Coordinator referred to in Article 38 of Regulation 2021/xxx, or the Commission, with real-time access to algorithms and associated data enabling the detection of possible biases liable to undermine fundamental rights, such as freedom of expression, and the impartiality of elections, or to prevent the censorship of legitimate political actors.
Amendment 406 #
2021/0381(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 408 #
2021/0381(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 411 #
Amendment 427 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – point c a (new)
Article 15 – paragraph 8 – point c a (new)
(ca) during an election period, any urgent interim measures to avert a breach of this Regulation, possible biases or restrictions liable to undermine fundamental rights, such as freedom of expression, and the impartiality of elections or to prevent the censorship of legitimate political actors.
Amendment 430 #
Amendment 441 #
2021/0381(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 442 #
2021/0381(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Amendment 443 #
2021/0381(COD)
Proposal for a regulation
Article 17 b (new)
Article 17 b (new)
Article 17 1. No provider of political advertising services may ever censor, restrict, modify or delete a political actor’s publication, campaign, advertisement or message during the election campaign without the prior authorisation of the competent judicial authority in each Member State.
Amendment 444 #
2021/0381(COD)
Proposal for a regulation
Article 17 c (new)
Article 17 c (new)
Article 17c 2. A complaints and review mechanism shall be set up so that political actors who fall victim to the censorship, restriction, modification or deletion of their own publications or advertisements can appeal against that situation, hence guaranteeing the rights of the citizens and their political representatives. 2.1 In the case of European providers of political advertising services, the competent national authority shall be responsible for setting up the complaint and review mechanism and must ensure that the provider of the political advertising services remedies the injurious situation within 24 hours. 2.2 In the case of foreign providers of political advertising services, the European Commission shall be responsible for establishing the complaint and review mechanism which would reverse, within 24 hours, the injurious situation through its remedying by the provider of the political advertising services. 2.3 Should the European or foreign provider of political advertising services fail to remedy the situation within 24 hours, the national authorities or the European Commission may take the necessary steps to penalise that provider of political advertising services in line with the penalties provided for in Article 16 of this Regulation.
Amendment 445 #
2021/0381(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 448 #
2021/0381(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 449 #
2021/0381(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 450 #
2021/0381(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 451 #
2021/0381(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 452 #
2021/0381(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 453 #
2021/0381(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 454 #
2021/0381(COD)
Proposal for a regulation
Article 20
Article 20
Amendment 455 #
2021/0381(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 458 #
2021/0381(COD)
Proposal for a regulation
Annex II
Annex II
Amendment 459 #
2021/0381(COD)
Proposal for a regulation
Annex II – subheading 1
Annex II – subheading 1
Amendment 460 #
2021/0381(COD)
Proposal for a regulation
Annex II – point a
Annex II – point a
Amendment 461 #
2021/0381(COD)
Proposal for a regulation
Annex II – point b
Annex II – point b
Amendment 462 #
2021/0381(COD)
Proposal for a regulation
Annex II – point c
Annex II – point c
Amendment 463 #
2021/0381(COD)
Proposal for a regulation
Annex II – point d
Annex II – point d
Amendment 7 #
2021/0380(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) ESAP is to be established in accordance with Regulation (EU) XXX/XXX of the European Parliament and of the Council [ESAP Regulation]19 in order to enable an easy access to data for decision makers in the economy and society to make sound decisions that serve the efficient functioning of the market. Rolling out common European data spaces in crucial sectors, including the financial sector, would serve that purpose. The financial world is expected to undergo a digital transformation in the coming years, and the Union should support this, in particular by promoting data-driven finance. Furthermore, putting sustainable finance at the heart of the financial system is a key means to achieving a green transition of the Union economy. For the green transition to succeed through sustainable finance, it is essential that information related to the sustainability of businesses is easily accessible to investors so that they are better informed when making decisions about investments. For those purposes, public access to financial and non-financial information on natural or natural persons required to make said information public, or submitting financial and sustainability- related information about their economic activities to a collection body on a voluntary basis (‘entities’) needs to be improved. An efficient means to do so at Union level is to establish a centralised platform, ESAP, giving electronic access to all relevant information. _________________ 19 [OP: Please insert corresponding footnote: full title and OJ reference].
Amendment 9 #
2021/0380(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) ESAP should provide the public withensure an easy centralised access to relevant information about entities and their products in relation to financial services, capital markets and sustainability that entities and authorities are required to publish in accordance with a number of Directives in that field . In any case, any natural or legal person may submit information about its economic activities of relevance to financial services, or to capital markets or concerning sustainability to a collection body with a view to making that information accessible on ESAP in accordance with Article 3 of Regulation (EU) XXX/XXX [ESAP Regulation].
Amendment 11 #
2021/0380(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 14 #
2021/0379(COD)
Proposal for a directive
Recital 1
Recital 1
(1) In the Capital Markets Union (CMU) Action Plan15 , the Commission proposed to improve public access to entities’ financial and non-financial information, as required by existing legislation, by building a European Single Access Point (ESAP). The Commission Digital Finance Strategy16 set out general lines on how Europe can support the digital transformation of finance in the coming years, and in particular, to promote a data- driven finance. In the Strategy for Financing the Transition to a Sustainable Economy17 , the Commission placed sustainable finance at the heart of the financial system as a key means to achieve the green transition of the EU economy, as part of the Green Deal18 . _________________ 15 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, A capital markets union for people and businesses-new action plan, 24.9.2020, COM/2020/590 final. 16 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, A digital finance strategy for the EU, 24.09.2020, COM/2020/591 final. 17 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Strategy for financing the transition to a sustainable economy, 06.07.2021, COM/2021/390 final. 18 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, The European green deal, 11.12.2019, COM/2019/640 final.
Amendment 16 #
2021/0379(COD)
Proposal for a directive
Recital 2
Recital 2
(2) ESAP is to be established in accordance with Regulation (EU) XXX/XXX of the European Parliament and of the Council [ESAP Regulation]19 in order to enable an easy access to data for decision makers in the economy and society to make sound decisions that serve the efficient functioning of the market. Rolling out common European data spaces in crucial sectors, including the financial sector, would serve that purpose. The financial world is expected to undergo a digital transformation in the coming years, and the Union should support this, in particular by promoting data-driven finance. Furthermore, putting sustainable finance at the heart of the financial system is a key means to achieving a green transition of the Union economy. For the green transition to succeed through sustainable finance, it is essential that information related to the sustainability of businesses is easily accessible to investors so that they are better informed when making decisions about investments. For those purposes, public access to financial and non-financial information on natural or legal persons required to make information public, or submitting financial and sustainability- related information about their economic activities to a collection body on a voluntary basis (‘entities’) needs to be improved. An efficient means to do so at Union level is to establish a centralised platform, ESAP, giving electronic access to all relevant information. _________________ 19 [OP: Please insert corresponding footnote: full title and OJ reference].
Amendment 21 #
2021/0379(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Directive 2004/25/EC
Article 16a – paragraph 1 – subparagraph 1
Article 16a – paragraph 1 – subparagraph 1
1. From 1 January 2025, Member States shall ensure that, when making public an information pursuant to Article 4(2), point (c), Article 5(4), Article 6(1), Article 6(2) and Article 9(5) of this Directive, companies submit at the same timein a timely manner that information to the relevant collection body referred to in paragraph 3 of this Article for accessibility on ESAP established under Regulation (EU) XX/XXXX [ESAP Regulation] of the European Parliament and of the Council*.
Amendment 13 #
2021/0378(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Easy access to data is important in order for decision makers in the economy and society to make sound decisions that serve the efficient functioning of the market. Rolling out common European data spaces in crucial sectors, including the financial sector, would serve that purpose. The financial sector is undergoing a digital transformation, which is expected to continue in the coming years, and the Union should support that transformation, in particular by promoting data-driven finance. Furthermore, putting sustainable finance at the heart of the financial system is a key means to achieving a green transition of the economy of the Union. For the green transition to succeed through sustainable finance, it is essential that information related to the sustainability of businesses is easily accessible to investors so that they are better informed when making decisions about investments. For those purposes, public access to entities’ information such as companies, businesses, financial institutions, financial and non-financial information needs to be improved. An efficient means to do so at Union level is to establish a centralised platform, a European single access point (“ESAP”), giving electronic access to all relevant information.
Amendment 20 #
2021/0378(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The information to be made publicly accessible on ESAP should be collected by specialised collection bodies designatedspecifically designated by the relevant authorities for the purpose of collecting the information that the entities are under an legal obligation to make public. In order to ensure the efficient functioning of ESAP, the collection bodies should make the information available to ESAP in automated ways through a single application programming interface. For the information to be digitally usable, entities should make such information available in a data extractable format or, where required by Union law, in a machine- readable format. Compared to data extractable formats, machine-readable formats are file formats structured so that software applications can easily identify, recognise and extract specific data, including individual statements of fact, and their internal structure. To ensure that entities submit the information in the correct format and to address possible technical issues encountered by the entities, the collection bodies should provide assistance to those entities.
Amendment 24 #
2021/0378(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Apart from the information in relation to financial services, capital markets and sustainability that has to be made public under Union law, investors, market participants, advisors and the public at large may have an interest in obtaining other information that an entity wants to make accessible. Small and medium-sized enterprises may want to make more information publicly accessible in order to become more visible to potential investors and thereby increase funding and diversify funding opportunities. Also, market participants may want to provide more information than that required by law or to make public the information required by national law but not available at Union level in order to complement the information provided to the public at the Union level. Any entity should therefore be allowed to make financial, sustainability- related and other relevant information accessible on ESAP. Pursuant to the principle of data minimisation and data protection legislation, entities should ensure that no personal data are included, except where those data constitute a necessary element of the information about their economic activities, including when the name of the entity coincides with the name of the owner. Where such information contains personal data, the entities should ensure that they can rely for such disclosure on one of the lawful grounds of processing laid down in Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council26 . _________________ 26 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 27 #
2021/0378(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The information available on ESAP should be accessible to the public in a timely manner. In that regard, the time between collecting the information and making it accessible to the public should be reasonable and, in any event, as short as technically possible. In order to ensure a uniform quality of information, the collection bodies should perform automated validations and reject invalid information. The possibility for human oversight must be guaranteed for any automated processing of data.
Amendment 468 #
2021/0106(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The use of those systems for the purpose of law enforcement shouldmust therefore be prohibited, except in three exhaustively listed and narrowly defined situations, where the use is strictly necessary to achieve a substantial public interest, the importance of which outweighs the risks. Those situations involve the search for potential victims of crime, including missing children; certain threats to the life or physical safety of natural persons or of a terrorist attack; and the detection, localisation, identification or prosecution of perpetrators or suspects of the criminal offences referred to in Council Framework Decision 2002/584/JHA38if those criminal offences are punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years and as they are defined in the law of that Member State. Such threshold for the custodial sentence or detention order in accordance with national law contributes to ensure that the offence should be serious enough to potentially justify the use of ‘real-time’ remote biometric identification systems. Moreover, of the 32 criminal offences listed in the Council Framework Decision 2002/584/JHA, some are in practice likely to be more relevant than others, in that the recourse to ‘real-time’ remote biometric identification will foreseeably be necessary and proportionate to highly varying degrees for the practical pursuit of the detection, localisation, identification or prosecution of a perpetrator or suspect of the different criminal offences listed and having regard to the likely differences in the seriousness, probability and scale of the harm or possible negative consequences. _________________ 38 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1)with the exception of border control and in the context of the fight against terrorism.
Amendment 1053 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system for the purpose of identifying natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge of the user of the AI system whether the person will be present and can be identified ;.
Amendment 1190 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – introductory part
Article 5 – paragraph 1 – point c – introductory part
(c) the placing on the market, putting into service or use of AI systems by public authorities or on their behalf for the evaluation or classification of the trustworthiness of natural persons over a certain period of time based on their social behaviour or known or predicted personal or personality characteristics, with the social score leading to either or both of the following:.
Amendment 1199 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – point i
Article 5 – paragraph 1 – point c – point i
Amendment 1211 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – point ii
Article 5 – paragraph 1 – point c – point ii
Amendment 1241 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
Article 5 – paragraph 1 – point d – introductory part
(d) the use and installation of ‘'real- time’' or 'post' remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless and in as far as such use is strictly necessary for one of the following objectivesexcept in relation to border control and in the context of the fight against terrorism:
Amendment 1245 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point i
Article 5 – paragraph 1 – point d – point i
Amendment 1256 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point ii
Article 5 – paragraph 1 – point d – point ii
Amendment 1268 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
Article 5 – paragraph 1 – point d – point iii
Amendment 1363 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
In addition, the use of ‘real-time’ or 'post' remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall comply with necessary and proportionate safeguards and conditions in relation to the use, in particular as regards the temporal, geographic and personal limitations.
Amendment 1372 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
Article 5 – paragraph 3 – introductory part
3. As regards paragraphs 1, point (d) and 2, each individual use for the purpose of law enforcement of a ‘real-time’ or 'post' remote biometric identification system in publicly accessible spaces shall be subject to a prior authorisation granted by a judicial authority or by an independent administrative authority of the Member State in which the use is to take place, issued upon a reasoned request and in accordance with the detailed rules of national law referred to in paragraph 4. However, in a duly justified situation of urgency, the use of the system may be commenced without an authorisation and the authorisation may be requested only during or after the use. If the prior justification does not comply with the principles of necessity and proportionality, the results obtained by the use of this technology may not be used for law enforcement purposes.
Amendment 1379 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
The competent judicial or administrative authority shall only grant the authorisation where it is satisfied, based on objective evidence or clear indications presented to it, that the use of the ‘real-time’ or 'post' remote biometric identification system at issue is necessary for and proportionate to achieving one of the objectives specified in paragraph 1, point (d), as identified in the request. In deciding on the request, the competent judicial or administrative authority shall take into account the elements referred to in paragraph 2.
Amendment 1390 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. A Member State may decide to provide for the possibility to fully or partially authorise the use of ‘real-time’ or 'post' remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement within the limits and under the conditions listed in paragraphs 1, point (d), 2 and 3. That Member State shall lay down in its national law the necessary detailed rules for the request, issuance and exercise of, as well as supervision relating to, the authorisations referred to in paragraph 3. Those rules shall also specify in respect of which of the objectives listed in paragraph 1, point (d), including which of the criminal offences referred to in point (iii) thereof, the competent authorities may be authorised to use those systems for the purpose of law enforcement.
Amendment 2393 #
2021/0106(COD)
Proposal for a regulation
Article 56
Article 56
Amendment 2426 #
2021/0106(COD)
Proposal for a regulation
Article 57
Article 57
Amendment 2476 #
2021/0106(COD)
Proposal for a regulation
Article 58
Article 58
Amendment 2578 #
2021/0106(COD)
5. Member States shall report to the Commission on an annual basis on the status of the financial and human resources of the national competent authorities with an assessment of their adequacy. The Commission shall transmit that information to the Board for discussion and possible recommendations.
Amendment 9 #
2020/2262(INI)
Motion for a resolution
Recital A
Recital A
A. whereas in July 2017 the Juncker Commission adopted a revised set of better regulation guidelines and an accompanying toolbox; whereas it expanded its better regulation portal to make it easier for citizens to navigate it online; whereas it undertook to place subsidiarthe principles of subsidiarity and proportionality at the heart of the European democratic process and throughout the legislative process by setting up a Task Force on Subsidiarity, Proportionality and ‘Doing Less More Efficiently’, which delivered its report on 10 July 2018;
Amendment 19 #
2020/2262(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the absence of reasoned opinions from national parliaments in 2019 was not due to better implementation of the principles of subsidiarity and proportionality, but rather to the fact that 2019 was a transitional year between two Commissions and with the dissolution of the European Parliament and the holding of European elections, and therefore one with fewer legislative initiatives and proposals than in previous years;
Amendment 25 #
2020/2262(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Amendment 27 #
2020/2262(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the current crisis has strengthened the need to alleviate the unnecessary regulatory burdens to make sure that EU laws deliver their intended benefits while reducing unnecessary costs, particularlyand bureaucratic burdens that exist in EU laws; whereas it is essential that Community laws reduce superfluous costs and deliver their intended benefits within reasonable time- scales, and particularly that they expedite support measures for small and medium- sized enterprises (SMEs); and for workers;
Amendment 31 #
2020/2262(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the mechanisms available to the Institutions for guaranteeing observance of the principles of subsidiarity and proportionality are not sufficiently effective, and whereas those mechanisms should continue to develop as Community law swells in order to ensure the Union does not prevent the Member States from freely exercising their national sovereignty;
Amendment 32 #
2020/2262(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Amendment 41 #
2020/2262(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Believes that the REFIT platform should be expanded to widen its focus from regulatory burdens to matters of subsidiarity and proportionality; warns against the rigid application by the Commission of aencourages the Commission to reduce as much as possible red tape or any kind of burden to businesses and EU citizens going even beyond the ‘one in, one out’ principle in the implementation of betterany law-making processes.
Amendment 41 #
2020/2262(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that the principle of subsidiarity enshrined in Article 5 of the Treaty on European Union aims to ensure that decisions are taken as closely as possible to citizens and that constant checks are carried out to verify that action at EU level is justified in the light of the possibilities available at national, regional or local level and to guarantee that the EU does not take action, except in the areas that fall within its exclusive competence, unless it is more effective than action taken at national, regional or local level; recalls, too, that the principle of proportionality requires that any action taken by the EU should not go beyond what is strictly necessary to achieve the objectives of the Treaties;
Amendment 53 #
2020/2262(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that any Community activity, besides observing the principles of proportionality and subsidiarity, must not misuse the legislative acts provided for in the Treaties; points out that the Union’s activities must be geared towards simplifying and paring down those regulations that restrict the political freedom of the Member States and which ultimately are detrimental to the lives of the citizens;
Amendment 69 #
2020/2262(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges the fact that 2019 was the first year since the introduction of the Subsidiarity Control Mechanism in which national parliaments did not submit any reasoned opinions, as a result of a sharp drop in the Commission’s legislative activities during the transitional year between two Commissions, meaning that the absence of reasoned opinions stemmed from the lack of legislative activity rather than from observance of the principles of subsidiarity and proportionality in Union legislative acts;
Amendment 84 #
2020/2262(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that in 2017 the Regulatory Scrutiny Board examined a total of 53 impact assessments, that in 12 cases it estimated that it was necessary to improve their analysis of subsidiarity and EU added value, and that 30 opinions contained comments on proportionality; notes that in 2018 it examined 75 impact assessments, that in 16 cases it was necessary to improve their analysis of subsidiarity and EU added value, and that 47 opinions contained remarks aimed at improving the analysis of proportionality and comparisons of policy options; underlinesconsiders it regretful that in 2019 the board examined only one impact assessment;
Amendment 91 #
2020/2262(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls for the mechanisms for ensuring observance of the principles of conferral, subsidiarity and proportionality in the activities of the Union to be reformulated and strengthened and, above all, for the procedures and resources available to the Member States to be improved, simplified and enhanced so that they have a solid base on which to oppose EU decisions and legislative acts that undermine those principles or counteract their national sovereignty;
Amendment 105 #
2020/2262(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Commission's commitment to the ‘one-in, one-out’ approachprinciple based on stakeholder involvement, through which the Commission aims tomust offset newly introduced burdens by relieving people and businesses of equivalent burdens at EU level in the same policy area; emphasises, however, that the implementation of this approach should not lead to mechanical decisions to repeal legislation or lower standards;
Amendment 109 #
2020/2262(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Believes that the REFIT platform should be enlarged and move beyond regulatory burdens to matters of subsidiarity and proportionality; encourages the Commission to make the maximum possible cuts to red tape and any kind of burden to businesses and EU citizens, including by going further than the ‘one in, one out’ principle in all EU law-making processes.
Amendment 249 #
2020/2260(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. recalls that the Mediterranean Diet, recognised by UNESCO in 2010 as an Intangible Cultural Heritage of Humanity, is known as a healthy, balanced diet, with a high nutritional, social and cultural value, based on respect for the territory and biodiversity, ensuring the conservation and development of traditional activities and crafts related to fishing, sustainable hunting and agriculture and playing a protective role in the primary and secondary prevention of the main chronic degenerative diseases;
Amendment 2 #
2020/2143(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the fact that the average length of proceedings before the Court of Justice decreased in 2019 (14.4 months as against 15.7 months in 2018) and that the average length of proceedings before the General Court fell markedly (16.9 months as against 20 months in 2018); observes, however, that the figure for the General Court is still higher than in 2017 (16.4 months) and considers that it should give priority to the most important cases and reach its judgments more rapidly;
Amendment 11 #
2020/2143(DEC)
Draft opinion
Paragraph 10
Paragraph 10
10. Welcomes the fact that the proportion of women in managerial posts – 39 % in 2019 – has continued to increaNotes that women occupied 39% of managerial posts in 2019 compared with 37.5% in 2018; points out that the best candidate for a position should always be chosen, and encourages the Court of Justice to continue the process by actively promoting gender parity in the appointment of judgregardless of gender or race, as only their previous experience, their CV and their suitability for the position should be considered; expresses its concern about the interference of ideology in staff selection, bearing in mind also that the public wants the highest judicial instance to be made up of the best possible professionals regardless of their physical attributes.;
Amendment 14 #
2020/2143(DEC)
10a. Considers it worrying that judgments of the Court have been misinterpreted by other Community bodies, especially as regards the scope of their application beyond the individual concerned;
Amendment 15 #
2020/2143(DEC)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Regrets that the Court has not seen fit to take the initiative in clarifying its own judgments and the implementation thereof, especially in cases where this has made it possible to alter the composition of the EU institutions; believes that the Court should assess the consequences of misinterpretations of its judgments by third parties and even consider clarifying them in order to avoid dubious interpretations that could undermine the prestige of an institution such as the European Parliament;
Amendment 16 #
2020/2143(DEC)
Draft opinion
Paragraph 10 c (new)
Paragraph 10 c (new)
Amendment 6 #
2020/2133(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the powers and responsibilities of the Committee on Legal Affairs of the European Parliament, as set out in Annex VI to its Rules of Procedure;
Amendment 7 #
2020/2133(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that within the EU institutions different legislative measures aimed at preventing conflicts of interest contain varying definitions of the term ‘conflict of interest’; believes therefore that the term should be understood to mean a conflict between the public duty and private interests of a public official or post, in which the public official has private- capacity interests which could improperly influence the performance of their official duties and responsibilities; notes, however, that a definition of this kind has an evolving nature and that full transparency does not necessarily guarantee the absence of any conflict of interest, nor does it guarantee public trust;
Amendment 19 #
2020/2133(INI)
Motion for a resolution
Recital C
Recital C
Amendment 25 #
2020/2133(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes therefore that the Committee on Legal Affairs should be given sufficient time to evaluate possible conflicts of interest; further believes that it should be provided with sufficient resources, tools and skills to cross-check and locate necessary information;
Amendment 32 #
2020/2133(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that, given the sophisticated and complex nature of this responsibility, the establishment of a possible conflict of interest should be de- politicised and performed in an independent and systematic way with the assistance of a body with the relevant expertisly, excluding from the process Members of Parliament belonging to the same political party and of the same nationality as the cand experienceidate under investigation;
Amendment 37 #
2020/2133(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 51 #
2020/2133(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recommends, therefore, that, while fully keeping its competence on the matter, the Committee on Legal Affairs decide on the existence of a conflict of interest after having received the Committee on Legal Affairs should retain in full its exclusive power to decide whether a potential conflict of interests exists, and where there are reasonable and/or reasoned doubts, the Committee on Legal Affairs must be able to request a detailed report from a committee set up at its request at non- binding recommendation by such an independent expert advisory body cost to the budget and comprising EU officials with sufficient, proven knowledge in the area concerned;
Amendment 56 #
2020/2133(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that a single independent EU ethics body is necessary to ensure the consistent and full implementation of ethics standards across the EU institutions; proposes the conclusion of an interinstitutional agreement (IIA) to set up anthe Committee on Legal Affairs of the European Parliament should fully maintain its exclusive competence to decide on possible conflicts of interest; calls on the Commission and the Council to examine, without budgetary implications, whether a single independent EU Eethics Bbody for Parliament and the Commission open to the participation of all EU institutions, agencies and bodies; recommends that the IIA contain the following provisis necessary and of added value for the purpose of ensuring the consistent and full implementation of ethics standards across the EU institutions:;
Amendment 57 #
2020/2133(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 67 #
2020/2133(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Regrets the lack of professionalism on the part of some MEPs who, when the potential conflicts of interest of the current High Representative were being verified, took it upon themselves to provide their journalist friends with a live commentary on matters being discussed and decided upon during the debate in the Committee on Legal Affairs; takes a very dim view of the unscrupulous behaviour of the MEPs concerned, who were motivated solely by partisan interests and showed a glaring lack of decorum and professionalism;
Amendment 132 #
2020/2133(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 156 #
2020/2133(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 166 #
2020/2133(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that its members must be independent, chosen on the basis of their competence, experience and professional qualities, as well as their personal integrity, have an impeccable record of ethical behaviour and provide a declaration of the absence of conflicts of interest; is of the opinion that the composition of the body should be gender-balanced;
Amendment 167 #
2020/2133(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 178 #
2020/2133(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Insists that the college be supported by a secretariat with thusing available human, and material and financial resources commensurate with its mandate and taskresources, without necessitating any increase in the administrative budget of the European institutions;
Amendment 15 #
2020/2088(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the 2019 European elections registered the highest turnout of the any elections to the European Parliament in the last 20 years, with 50.2 %, ( an increase of eight percentage points compared to 2014), sending a positive signal that European citizens believe that many of their concerns can be addressed at EU level;
Amendment 22 #
2020/2088(INI)
Motion for a resolution
Recital C
Recital C
Amendment 31 #
2020/2088(INI)
Motion for a resolution
Recital D
Recital D
Amendment 36 #
2020/2088(INI)
Motion for a resolution
Recital E
Recital E
Amendment 53 #
2020/2088(INI)
Motion for a resolution
Recital G
Recital G
Amendment 63 #
2020/2088(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the outcome of the 2019 European elections fragmented political representation in Parliament, leading to increased complexity in the decision- making processwhich gives a boost to political pluralism, and has weakened those political forces that would like to see further European integration;
Amendment 72 #
2020/2088(INI)
Motion for a resolution
Recital K
Recital K
Amendment 79 #
2020/2088(INI)
Motion for a resolution
Recital L
Recital L
Amendment 86 #
2020/2088(INI)
Motion for a resolution
Recital M
Recital M
Amendment 102 #
2020/2088(INI)
Motion for a resolution
Recital O
Recital O
O. whereas democratic processes at both Member State and EU levels have been targeted by foreign powers in order to influence the outcome of elections and weaken the Union; whereas the mechanisms put in place by the European institutions, such as the Code of Practice against Disinformation and the Rapid Alert System for elections contributed to theput the right to freedom of expression at risk, without any proof that they helped to mitigation ofe foreign interference during the election campaign;
Amendment 110 #
2020/2088(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas Europeannational political parties and foundations are the primary facilitators of a successful European political debate, both during and beyond European electionspolitical debate;
Amendment 119 #
2020/2088(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the higher turnout in the 2019 European elections; considers that this shows that an increasing proportion of citizens consider the EU to be the appropriate level at which to address the challenges of our time such as climate change and environmental concerns, social and gender inequalities, sustainable growth, and geopolitical concerns such as migration and foreign policy; urges all the European institutions, therefore, to take responsibility and to act upon the mandate they have been given, directly or indirectly, by the citizens; regrets both the lack of decisiveness by the Council and the lack of clear intent to achieve solutions based on a common approach;
Amendment 131 #
2020/2088(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 155 #
2020/2088(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is of the opinion that the reason why the Spitzenkandidaten process failed to produce a President of the European Commission after the 2019 elections is because no improvements were made to it following the experience of 2014; intends to strengthen the democratic process for choosdemocratic process is completely secure ing the Commission President before the next European elections of 2024;Member States.
Amendment 163 #
2020/2088(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 171 #
2020/2088(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 180 #
2020/2088(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 192 #
2020/2088(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 198 #
2020/2088(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 204 #
2020/2088(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 212 #
2020/2088(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 217 #
2020/2088(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 238 #
2020/2088(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 245 #
2020/2088(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 250 #
2020/2088(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 260 #
2020/2088(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that the outcome of the European elections is a clear signal for an in-depth institutional reflection that will allow citizens, civil society and their representatives to shape the future of the Union; calls, therefore, on all institutional partners to assume their responsibility and deliver an ambitious Conference on the Future of Europestresses that Parliament's current composition shows that many Member State citizens believe that the answer to their problems is not further European integration but joint, efficient action, when it provides European added value; calls, therefore, on all institutional partners, following the coronavirus crisis, to pursue a Conference on the Future of Europe without predetermined positions and at which all ideas can be debated freely;
Amendment 9 #
2020/2080(INI)
2. Calls on the Council and the Member States to continue reinforcing coherence between all instruments and initiatives within the framework of common security and defence policy (CSDP) in order to achieve the required level of effectiveness in ensuring strategic autonomy, and of ambit of the Union inso the progressive framing of a common Union defence policy in line with the Treaty on European Unionat Member States' interests are better protected;
Amendment 16 #
2020/2080(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 36 #
2020/2080(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the participating Member States to continue making resources available for PESCO projects that generate added value, while ensuring real ownership of and commitment to PESCO coordinating and pooling processes;
Amendment 42 #
2020/2080(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that, in line with Article 46 of the Treaty on European Union, all decisions not related to the participation of Member States in PESCO should be adopted unanimously in the Council by the representatives of the participating Member States;
Amendment 46 #
2020/2080(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates that Parliament should play a prominent role in the scrutiny and supervision of the implementation and evaluation of the CSDP; expects in this regard thatCalls for Parliament willto be fully informed and consulted by the Vice- President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy in the context of the current strategic review of the first PESCO phase, which ends in 2020; stresses in this regard that defence is an exclusive competence of the Member States, and that the European institutions should act only to facilitate the free cooperation of Member States.
Amendment 4 #
2020/2072(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the situation with regard of the rule of law, democracy and fundamental rights has substantially deteriorated in a number of Member States; recalls in particularStresses the importance of upholding the rule of law and the obligation of Member States to ensure effective judicial protection, which is a core value of the Union as a community based on law;
Amendment 9 #
2020/2072(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the Union mechanism on Democracy, the Rule of Law and Fundamental Rights should primarily aim at preventing and addressing any threat to the Union values enshrined in Article 2 of the Treaty on European Union (TEU) before any clear risk arises in a Member State or in part of a Member State and Article 7 TEU should be triggered;
Amendment 21 #
2020/2072(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Insists that the Union institutions are to practise mutual sincere cooperation in line with Article 13(2) TEU and therefore should all contribute to the defence of the Union values in accordance with the procedures set out in the Treaties; calls for such activities to be governed by an interinstitutional agreement and for existing mechanisms to be consolidated, while setting out detailed assessments of the situations inbased on equal respect to all Member Sstates, determining preventive and corrective action and without political bias;
Amendment 27 #
2020/2072(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that an independent and impartial judiciary is an indispensable cornerstone of the rule of law; highlights that the requirement that courts be independent is of the essence to the fundamental right to effective judicial protection and a fair trial and to ensure that all rights deriving from Union law are protected; stresses that every national court is also a European court when applying Union law, and that the decisions they make must be respected and guaranteed by all other national and European courts; is worried that recent attacks on the rule of law have mainly consisted of attempts to jeopardise judicial independence;
Amendment 29 #
2020/2072(INL)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 32 #
2020/2072(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that judicial decisions of higher bodies should not be contradicted or challenged by lower judicial bodies of other Member States; stresses that, in order to ensure better judicial cooperation and effectiveness, it is essential to respect the sovereignty and independence of the highest judicial bodies of the Member States given that they are the primary guardians of the rule of law in those countries;
Amendment 36 #
2020/2072(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Insists that the Annual Monitoring Cycle should be governed by the principles of transparency, impartiality, and equality between Member States, be based on objective evidence and lead to effective and realistic measures; stresses that if the Commission fails to follow these principles and this tool ends up being used to put pressure on Member states to join the political agenda of the main European political parties, it will lose its credibility;
Amendment 45 #
2020/2072(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Condemns all forms of coercion, harassment, pressure, intimidation and/or physical or verbal violence against judges and prosecutors, especially in their private lives, at their homes or in their family settings; considers that judges and lawyers should be able to carry out their duties without public authorities or officials questioning their legitimacy, capability or independence;
Amendment 47 #
2020/2072(INL)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 51 #
2020/2072(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the potential of judicial training for improving the dialogue between national courts and the Court of Justice of the European Union, particularly through the use of references for a preliminary ruling and the interaction between the principles of subsidiarity and primacy of Union law; considers that references for a preliminary ruling should be settled as quickly as possible to prevent parties from being left defenceless; to this end, priority should be given to involving lawyers and officials from the country whose court has submitted the issue in order to save time on translating and interpreting documents, evidence, statements, etc.;
Amendment 57 #
2020/2072(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that there is no greater expert on the laws of a Member State than the highest judicial body of that legal order; points out that the Court of Justice of the European Union should not interfere in matters that are an exclusively national competence;
Amendment 67 #
2020/2072(INL)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 70 #
2020/2072(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to assess, standardise and simplify ICT tools and other means put in place by Member States at the disposal of citizens to facilitate their access to justice, in particular citizens with disabilities or belonging to vulnerable groups, such as national minorities and migrants;
Amendment 78 #
2020/2072(INL)
Draft opinion
Paragraph 9
Paragraph 9
9. Insist that, regardless of the annual cycle, while considering the gravity of the possible consequences of rule of law violations and the scale of its effects, a special procedure for urgent cases of violation of Union values should be consideredif the European Council, acting by unanimity with the exception of the State concerned, determines the existence of urgent cases of violation of Union values, a swift decision should be taken in accordance with Article 7 TEU;
Amendment 79 #
2020/2072(INL)
Draft opinion
Paragraph 11
Paragraph 11
Amendment 80 #
2020/2072(INL)
Draft opinion
Paragraph 10
Paragraph 10
Amendment 86 #
2020/2072(INL)
Draft opinion
Paragraph 11
Paragraph 11
11. Highlights that the Conference on the Future of Europe provides a momentum for better understanding the need to protect Union values in this context; therefore, in the event of Treaty changes being made in the future, the effectiveness of the Article 7 procedureto learn from our mistakes; therefore, in the event of Treaty changes, sovereignty and independence of the Member states' highest judicial bodies should be enhanced bas they aremoving the requirement for unanimity and reinforcing the sanction mechanism the main guarantors of the citizens rights and the rule of law;
Amendment 2 #
2020/2045(INI)
Draft opinion
Recital A
Recital A
A. whereas the EU Facility for Refugees in Turkey (FRT) was created in 2016 in the framework of the EU-Turkey statement and manages EUR 6 billion; whereas human rights violations have taken place under this agreement which are incompatible with the EU Charter of Fundamental Rights; whereas Turkey has repeatedly used immigrants to blackmail the European Union, provoking a number of humanitarian crises at the Greek and Bulgarian borders; whereas most of these funds are dedicated to directly or indirectly improving Turkish service infrastructure and whereas this helps to strengthen the Erdoğan government;
Amendment 9 #
2020/2045(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. Whereas to date the European Commission has set up four trust funds with differing objectives, including the Trust Fund for Colombia, the EU Emergency Trust Fund for stability and addressing root causes of irregular migration and displaced persons in Africa, the Trust Fund in response to the Syrian crisis (Madad Trust Fund) and the Trust Fund for the Central African Republic (Bêkou Trust Fund);
Amendment 18 #
2020/2045(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas migrant smuggling and human trafficking networks operate in the north of Africa due to their strategic locations between sub-Saharan Africa and Europe; whereas national anti- trafficking framework and capabilities differ greatly across the continent and funding is often insufficient; whereas human smuggling to Europe has been considered by Europol to be one of the fastest growing criminal markets, with connections to other types of criminal activities, including drug trafficking, money laundering or financial fraud;
Amendment 46 #
2020/2045(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is concerned about the governance of the EUTF: the composition of its board and regional operational committees, the opacity of the process for approving projects, the lack of dialogue with local and human rights CSOs, and the lack of ex ante and ongoing impact assessments on fundamental rightsinstitutional dialogue on the EU level;
Amendment 55 #
2020/2045(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that the EUTF is part of a trend of the securitisation and externalisation of EU border management aimed at reducing irregular migration to the EU; stresses the risks to development objectives and fundamone of the main objectives of the EUTF is to contribute to better migration management, including tackling illegal migration to the EU; stresses that the existing strategy is not working effectively as the current strength of human-trafficking mafias, the exponential rights associated with this approach.increase of arrivals of irregular migrants, and the low return rates can prove;
Amendment 61 #
2020/2045(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that of the EUR 6 billion budget of the EU Facility for Refugees in Turkey, EUR 4 billion has already been disbursed; calls on the European Commission to allocate, in view of the repeated actions by Turkey against Member States' interests, the remaining EUR 2 billion to the financing of actions aimed at returning refugees to their places of origin, once these are safe, and at rebuilding their homes, communities and infrastructure;
Amendment 63 #
2020/2045(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that development aid and support for refugees from the EU and the Member States to partner countries must be conditional to a loyal cooperation and to their compliance with migration management and border control, returns and readmissions; regrets, in this regard, the lack of action from the European Commission against the threats and hostility coming from beneficiary countries such as Turkey and Morocco;
Amendment 68 #
2020/2045(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Regrets that EUTF funding for anti-trafficking and anti-smuggling activities represents only 5% of the EUTF's migration, mobility and forced displacement related budget. Stresses the need for current and future funding instruments to focus and prioritise on improved migration management, including containing and preventing illegal migration, fighting human trafficking and migrant smuggling, contributing to effective return and readmission and capacity building law enforcement;
Amendment 8 #
2020/2042(INI)
Draft opinion
Recital A
Recital A
A. whereas climate change and consequential natural disasters have become common drivthroughout history, changes in the climate and natural disasters have had serious effects in a large numbers of migration, which will be further exacerbated as the climate crisis worsenscountries, causing, in most cases, displacement of people within the countries affected;
Amendment 20 #
2020/2042(INI)
Draft opinion
Recital B
Recital B
B. whereas climate-induced migrationdisplacement of people is strongly related to other factors, including poverty, since when a country lacks the appropriate resources to adapt to climate change, this can aggravate poverty and force people to move; whereas climate change ishanges in the climate and is unable to provide basic services in the areas affected, this causes humanitarian crises and the displacement of many people; whereas changes in the climate are an important risk multiplier for conflict, drought, famine and migration;
Amendment 25 #
2020/2042(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas according to a report by the Internal Displacement Monitoring Centre (IDMC), in 2018 alone 17.2 million people were displaced as a result of disasters related to the climate, 9.3 million of these were in the region the most affected, the Asia-Pacific region; whereas the countries most affected are the Philippines, China and India;
Amendment 38 #
2020/2042(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 47 #
2020/2042(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that a framework needs to be established for dialogue with those countries most vulnerable to changes in the climate, to encourage the carrying out of the changes needed to protect their population and ensure basic services can be provided;
Amendment 50 #
2020/2042(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 63 #
2020/2042(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights the fact that the large number of bureaucratic obstacles and restrictions related to climate policies has caused a large part of European industry to relocate to the Asia-Pacific region, creating serious employment crises on the European continent and increasing vulnerability in that region to the effects of the climate because of, among other reasons, the rise in the urban population caused by a shift from rural and agricultural work to insecure jobs in urban factories;
Amendment 65 #
2020/2042(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Deplores the fact that certain political groups and national or international institutions are making use of natural disasters and the displacement of population they cause, in countries that are less economically and socially developed, to create non-existent legal categories such as ‘climate refugee’ that will have a harmful pull factor for thousands of people; whereas this will, in fact, be to the great detriment of those people who do indeed have a right to the international protection granted by refugee status on grounds of religious, ideological or political persecution;
Amendment 66 #
2020/2042(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 75 #
2020/2042(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 83 #
2020/2042(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 110 #
2020/2042(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. UnderlinesTakes note of the ruling of the UN Human Rights Committee of 20 January 2020, which states that countries may not deport individuals facing climate change- induced conditions that violate the right to life; calls on the Member States to consider the risk of violations of the right to life due to climate change as part of their return decisions, notably triggering non-refoulement obligations;
Amendment 113 #
2020/2042(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 16 #
2020/2029(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- Having regard to Council Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence and Council Framework Decision 2002/946/JHA on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence.
Amendment 47 #
2020/2029(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 129 #
2020/2029(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 197 #
2020/2029(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
Amendment 330 #
2020/2029(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the EU and its Member States to step up their efforts to combat human trafficking and migrant smuggling and to effectively implement the "Facilitators Package" (Council Directive 2002/90/EC and Council Framework Decision 2002/946) to combat the human smugglers' business model, preventing children, girls, and other vulnerable groups from sexual exploitation and abuse.
Amendment 331 #
2020/2029(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Calls on the Commission and the Member States to pay particular attention to the fact that some actions, such as offering financial aid to victims of trafficking, may be used as an incentive by the mafias in order to attract their victims with the unintentional effect of encouraging human trafficking.
Amendment 419 #
2020/2029(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes the low number of prosecutions and convictions for the crime of trafficking; urges the Member States to take measures to improve the investigation of trafficking cases and to put in place strong criminal sanctions for crimes of human trafficking and migrant smuggling;
Amendment 496 #
2020/2029(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls on the Commission and the Member States to monitor and assessenhance control measures so that to avoid the risk for the persons being smuggled of becoming victims of trafficking, with a particular focus on the situation of unaccompanied minors and women; underlines, in this context, the need for meffectively enforce legalaws and safe routes for migration in order to prevent the exploitation of vulnerable people with irregular status;enacting stronger sanctions to human traffickers and migrant smugglers.
Amendment 34 #
2020/2027(INI)
Motion for a resolution
Recital H
Recital H
Amendment 52 #
2020/2027(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. RegretNotes that in many Member States, the budgets of environmental inspectorates have stagnated or decreased due to the financial crisis anddecision has been taken to prioritise resources that limit or freeze the budgets of environmental inspectorates in return for increased provisions to mitigate the effects of the numerous crises that have hit Member States; notes the lack of development of the market itself, probably owing to a lack of incentives for private businesses or the little profit generated by this sector, meaning that even large, well- resourced authorities can find it difficult to independently develop knowledge of the best ways to ensure compliance; is thus of the opinion that strongerthe Union should examine non-financial tools it should promote to receive more support at EU level is needed, for example through accessible information portals, commonly used networks (EU networks for practitioners), best practice information and guidance, additional training programmes, training materials and guidance on skills, as this could increase the pressure on ‘black sheep’ companies and benefit companies that respect the lawin coordination with national authorities;
Amendment 58 #
2020/2027(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that one of the various causes of the insufficient harmonisation of the ELD is the failure to provide for the application of a standard administrative procedure for notifying competent authorities of imminent threats of or actual environmental damage; regrets therefore that there is no obligation to publish such notifications or information about how cases are dealt with; notes that some Member States have identified this limitation in their national legislation and have consequently set up databases for notifications, incidents and cases; points out, however, that the practice varies greatly from Member State to Member State and is rather limited, mainly on account of the potential discrepancies with data protection regulations, financial disclosure or trade secrets;
Amendment 62 #
2020/2027(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 70 #
2020/2027(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the ELD to be revised as soon as possible and to be transformed into a fully harmonised regulationan assessment of whether it is appropriate, legal and opportune to revise the ELD in order to achieve a level playing field for EU industry;
Amendment 71 #
2020/2027(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 86 #
2020/2027(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that most definitions in the ELD should be further clarified to make the directive fair and clear to all stakeRegrets the lack of clarity and precision of most of the regulations drafted at EU level, such as in the case of the definitions in the ELD; considers that the legislator shoulders and to keep pace with simplify and facilitate the drapid evolution of pollutantsfting of EU legislation and even define the objectives of the legislation; welcomes therefore the current efforts to develop a common understanding document (CUD) on key ELD definitions and concepts; regrets, however, that the Commission and the ELD government expert groups did not reach an agreement on its format, meaning that the CUD remains a document produced by the consultancy which was hired by the Commission to support the implementation of the 2017-2020 Multi- annual ELD Work Programme;
Amendment 92 #
2020/2027(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 114 #
2020/2027(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 121 #
2020/2027(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is of the opinion that the optional permit and state-of-the art defences should only be maintained when a company can pro, in any event, the universally recognised presumption of innocence must be respected and that each party, even that it could not have known about the danger of its activity (reversed burden of proof)e authorities, must offer proof to support its claims;
Amendment 124 #
2020/2027(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to examine the possibility of aligning the ELD with civil liability legislation for corporate boards in cases where a corporate board has taken irresponsible decisions causing environmental damage or when it was aware of, but did nothing to prevent, polluting activities carried out to maximise the profit of the company and increase the bonuses of its members21; _________________ 21E.g. the 'dieselgate' scandal and the case of the CEO of Volkswagen., making the members of corporate boards liable for decisions taken while clearly and irrefutably aware of the adverse consequences on the environment;
Amendment 126 #
2020/2027(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 134 #
2020/2027(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that, given the purpose of the ELD is to prevent and remedy environmental damage, a future regulation (Environmental Liability Regulation) should be applicable to all companies that operate in the EU, regardless of where they have been incorporated or where they are based, and that a holistic approach and reciprocity are necessary to meet the needs of companies in a global economy; , whether European or not, that operate in the internal market, even those whose activities have been harmful to the environment outside the EU but intend to undertake or continue operations within the EU, for example, denying them subsidies or banning them from competing in public tenders; considers, furthermore, that the application of the future regulation should be extended to any NGO, foundation or association that receives European, national or regional funds and which causes or may cause environmental damage in the course of its activities;
Amendment 142 #
2020/2027(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that inRecalls that Article 3 of Directive 2008/99 of 19 November 2008 breaks down actions clases of extremely widespread pollution, not just environmental liability instruments, but a multitude of instruments, including administrative measures, financial penalties and in some cases criminal prosecutsified as punishable under criminal law for damaging the environment; welcomes the fact that countries such as Spain have included crimes against the environment in its Criminal Code, such as blatant cases of extremely widespread pollution; welcomes the fact that Annex II of the ELD embodies a common framework so that the most measures can be selected to ensure that environmental damage is remedied; considers that the Commission, should be applied to remedy the problem; publish all resources and tools contained in various EU laws so that Member States can combat and/or prevent any environmental damage;
Amendment 2 #
2020/2026(INL)
Draft opinion
Recital A
Recital A
A. There are non-profit organisations (NPOs) are increasingly involved in economic activities and contribute to the rapid development of the social economy, bringing societal benefits in terms of citizens welfare, the fight against climate changewhich make positive contributions to society in multiple areas, such as social economy, quality employment and, the fight against social exclusion and discrimination; whereas the development of the social economy directly contributes to the strengthening of the single market, or helping persons with disabilities;
Amendment 9 #
2020/2026(INL)
Draft opinion
Recital B
Recital B
B. Some NPOs play a central role in democracy by exercising public oversight over political power, articulating aspirations present in society, carrying out advocacy, contributing to informed policy- making and fostering active citizenship;
Amendment 10 #
2020/2026(INL)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. The use of NPOs by foreign actors to interfere in the political life of the Member States needs to be regulated at national level as it poses a major risk for democracy; whereas this kind of foreign funded NPOs such as The Open Society Foundations do not seek to make positive contributions to society but to influence electoral processes for their own economic interest;
Amendment 15 #
2020/2026(INL)
Draft opinion
Recital D
Recital D
D. Article 12 of the Charter of Fundamental Rights guarantees the right to freedom of association at all levels, whereas this right is guaranteed in national legislations throughout the Union;
Amendment 16 #
2020/2026(INL)
Draft opinion
Recital E
Recital E
Amendment 27 #
2020/2026(INL)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 30 #
2020/2026(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses that is up to the Member States to decide the legal framework under which the NPOs can operate in their territory to ensure the citizens’ rights and to avoid foreign interferences, including the review of the NPOs statutes to ensure that they comply with the national legislation and their actions are not against public order;
Amendment 31 #
2020/2026(INL)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Calls on the Commission to ensure by legislative means that NPOs operating in the Member States only receive EU public funding if it counts with the approval of the Member State concerned;
Amendment 32 #
2020/2026(INL)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Highlights that the EU was conceived as a union of independent nations, working together for mutual gain; stresses in this regard that the EU should refrain from any action seeking political interference in the Member states;
Amendment 33 #
2020/2026(INL)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 36 #
2020/2026(INL)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 40 #
2020/2026(INL)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 46 #
2020/2026(INL)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 48 #
2020/2026(INL)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 56 #
2020/2026(INL)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 59 #
2020/2026(INL)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 67 #
2020/2026(INL)
Draft opinion
Paragraph 9
Paragraph 9
Amendment 71 #
2020/2026(INL)
Draft opinion
Paragraph 10
Paragraph 10
Amendment 76 #
2020/2026(INL)
Draft opinion
Paragraph 11
Paragraph 11
Amendment 80 #
2020/2026(INL)
Draft opinion
Paragraph 12
Paragraph 12
Amendment 18 #
2020/2016(INI)
Motion for a resolution
Recital A
Recital A
A. whereas digital technologies in general and artificial intelligence (AI) in particular bring with them extraordinary promise; whereas AI is one of the strategic technologies of the 21st century, generating substantial benefits in efficiency, accuracy, and convenience, and thus bringing positive change to the European economy and improving the security and safety of European citizens; whereas AI should not be seen as an end in itself, but as a tool for serving people, with the ultimate aim of increasing human well- being;
Amendment 32 #
2020/2016(INI)
Motion for a resolution
Recital C
Recital C
C. whereas trustworthy AI systems need to be accountable, designed for all (including consideration of vulnerable, marginalised populations in their design), be non-discriminatory, safe and transparent, and respect human autonomy and fundamental rights;
Amendment 40 #
2020/2016(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Union together with the Member States bear a critical responsibility for ensuring that policy choices surrounding the development, deployment and use of AI applications in the field of the judiciary and law enforcement are made in a transparent manner, respect the principles of necessity and proportionality, and guarantee that the policies and measures adopted will fully safeguard fundamental rights within the Union;
Amendment 63 #
2020/2016(INI)
Motion for a resolution
Recital H
Recital H
H. whereas AI tools and applications are also used by the judiciary worldwide, in some countries, including in sentencing, calculating probabilities for reoffending and in determining probation;
Amendment 84 #
2020/2016(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates that, as processing large quantities of data is at the heart of AI, the right to the protection of private life and the right to the protection of personal data apply to all areas of AI, and that the Union legal framework for data protection and privacy in both the Union and Member States must be fully complied with;
Amendment 131 #
2020/2016(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the fact that many algorithmically driven identificafacial recognition technologies disproportionately misidentify non-white people, children, the elderly, as well ashave become much more accurate in recent years; expresses concern that these systems make more mistakes when identifying dark-skinned people and women;
Amendment 135 #
2020/2016(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 162 #
2020/2016(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for algorithmic explainability and transparenctransparency in the design of this type of technology in order to ensure that the development, deployment and use of AI systems for judiciary and law enforcement comply with fundamental rights, and are trusted by citizens, as well as in order to ensure that results generated by AI algorithms can be rendered intelligible to users and to those subject to these systems, and that there is transparency on the source data and how the system arrived at a certain conclusion;
Amendment 183 #
2020/2016(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. CRecalls for a moratorium on the deployment ofthat all facial recognition systems for law enforcement, untiland their technical standards can be considered fully fundamental rights compliant, results derived are non-discriminatory, and there is public trust in the necessity and proportionality for the deployment of such technologiesmust fully comply with fundamental rights and the principles of necessity and proportionality;
Amendment 78 #
2020/2009(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas in some Member States, state aid for media outlets has not been handled transparently, which puts these outlets' independence and credibility at serious risk;
Amendment 106 #
2020/2009(INI)
Motion for a resolution
Recital J
Recital J
J. whereas disinformation related to COVID-19 may cause panic and social unrest and needs to be addressed; whereas measures to combat disinformation cannot be used as a pretext for introducing disproportionate restrictions on pfress freedomedom of expression;
Amendment 123 #
2020/2009(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly reiterates its call on the Commission to treat attempts by Member State governments to damage media freedom and pluralism as constituting a serious and systematic abuse of powers and as going against the fundamental values of the EU as enshrined in Article 2 TEU; welcomes, therefore, the Commission’s intention to include a specific chapter on monitoring media freedom and pluralism in its Annual Report on the Situation of the Rule of Law within the EU; urges the Commission to take into account the impact of the emergency measures taken in 2020 in the context of COVID-19 on press freedom, media pluralism and safety of journalists; in this context, recalls Parliament’s repeated call for a permanent, independent and comprehensive mechanism covering democracy, the rule of law and fundamental rights in the EU;
Amendment 191 #
2020/2009(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to urgently introduce EU and national emergency recovery packages to protect the jobs and livelihoods of media workers, support companies and fund public service media through the COVID- 19 crisis; stresses that in the face of the pandemic European citizens need professional, economically secure and independent journalists; reiterates in this context its call for the creation of a permanent European fund for journalists in the framework of the next MFF (2021- 2027), as redrafted following the COVID- 19 crisis, offering direct financial support for independent journalists and media outlets, freelancers and self-employed media workers;
Amendment 253 #
2020/2009(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that political profiling, disinformation and manipulation of information may be used by political parties and private or public entities, and reiterates its concern about the fact that evidence of interference is continuously coming to light, often with indications of foreign influence, in the run-up to all major national and EU elections, with much of this interference benefiting anti-EU, extreme right-wing and populist candidates and targeting specific minorities and vulnerable groupcoming from totalitarian states, such as Venezuela, Iran, Russia and China, whose interests run counter to EU values;
Amendment 263 #
2020/2009(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that different forms of misinformation and disinformation, as well as other forms of information manipulation relating to the COVID-19 pandemic, continue to proliferate around the world and have potentially harmful consequences for public security, health and effective crisis management; recalls that all measures to combat disinformation, including those taken in the context of the COVID-19 emergency, need to be necessary, proportionate and subject to regular oversight, and may under no circumstances limit freedom of expression, prevent journalists and media actors from carrying out their work, or lead to content being unduly blocked on the internet;
Amendment 273 #
2020/2009(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 279 #
2020/2009(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reminds the Commission and the Member States as well as the private sector, in particular online platforms, and civil society as a whole of the need for joint action when it comes to the fight against disinformation, and acknowledges the positive impact of thsome voluntary actions taken by service providers and platforms to counter disinformationillegal content and foreign interference in electoral processes in the EU;
Amendment 282 #
2020/2009(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Expresses concern about the impact on freedom of expression that some measures taken by internet platforms may have, such as the use of fact checkers, which are nothing but online content creators whose political interests are set by those who finance them; stresses, in this connection, the risks that these internet platforms pose to political plurality and freedom of expression by establishing 'the official truth' on the basis of a position held by a government, an international organisation or a pressure group, or on subjects on which the scientific community does not unanimously agree;
Amendment 163 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. Member States shall not impose on gatekeepers further obligations by way of laws, regulations or administrative action for the purpose of ensuring contestable and fair markets. This is without prejudice to rules pursuing other legitimate public interests, in compliance with Union law. In particular, nNothing in this Regulation precludes Member States from imposing obligations, which are compatible with Union law, on undertakings, including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition.
Amendment 179 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h a (new)
Article 2 – paragraph 1 – point 2 – point h a (new)
(ha) web browsers;
Amendment 199 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
(18a) ‘Search results’: the range of products or services which the end-user or professional user finds online ordered according to the demand for those products or services and which may not, under any circumstances, be altered by the gatekeepers for their own benefit;
Amendment 219 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 225 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 3
Article 3 – paragraph 6 – subparagraph 3
Where the provider of a core platform service that satisfies the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission, at the request of the Member States, shall be entitled to designate that provider as a gatekeeper.
Amendment 227 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 4
Article 3 – paragraph 6 – subparagraph 4
Where the provider of a core platform service that does not satisfy the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission, at the request of the Member States, shall be entitled to designate that provider as a gatekeeper based on facts available.
Amendment 230 #
2020/0374(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The Commission may upon request or its own initiative reconsider, amend or repeal at any moment a decision adopted pursuant to Article 3 for one of the following reasons:
Amendment 233 #
2020/0374(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall, on a quarterly basis and whenever the Member States so request, publish and update the list of gatekeepers and the list of the core platform services for which they need to comply with the obligations laid down in Articles 5 and 6 on an on-going basis.
Amendment 236 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679. ;
Amendment 261 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) ban on ‘auctioning insider knowledge’ in the digital advertising market in order to avoid any knowledge advantage on the part of gatekeepers.
Amendment 273 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating in a preferential or more favourablye manner in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non- discriminatory conditions to such ranking;
Amendment 289 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k
Article 6 – paragraph 1 – point k
(k) apply fair and non-discriminatory general conditions of access and treatment for business users to its software application storcore platform service, in particular its software application store, its online search engine and its social network service designated pursuant to Article 3 of this Regulation.
Amendment 294 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
Article 6 – paragraph 1 – point k a (new)
(ka) allow gatekeepers to participate in binding procedures so that they can set a fair price for the services offered, as is the case with publisher’s right licenses.
Amendment 296 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k b (new)
Article 6 – paragraph 1 – point k b (new)
(kb) in the event of a dispute concerning the fairness of a price or remuneration as a condition for access by professional users to each of the core services of its platform identified in accordance with Article 3(7), the gatekeeper shall participate in a binding procedure for the setting of an equitable price or remuneration and adhere to its results. The procedure regarding the issue of remuneration and price shall start if the parties have not reached an agreement about terms for resolving the issue of remuneration and pricing within 3 months of the request by one party to start a negotiation or of one party’s refusal to negotiate.
Amendment 311 #
2020/0374(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission may, on a reasoned request by the gatekeeper, or acting by court order, exceptionally suspend, in whole or in part, a specific obligation laid down in Articles 5 and 6 for a core platform service by decision adopted in accordance with the advisory procedure referred to in Article 32(4), where the gatekeeper demonstrates that compliance with that specific obligation would endanger, due to exceptional circumstances beyond the control of the gatekeeper, the economic viability of the operation of the gatekeeper in the Union, and only to the extent necessary to address such threat to its viability. The Commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request.
Amendment 313 #
2020/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The Commission may, acting on a reasoned request by a gatekeeper or on a court order, provisionally suspend the application of the relevant obligation to one or more individual core platform services already prior to the decision pursuant to paragraph 1.
Amendment 314 #
2020/0374(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission may, acting on a reasoned request by a gatekeeper or on its own initiativea court order or upon the request of the Member States, by decision adopted in accordance with the advisory procedure referred to in Article 32(4), exempt it, in whole or in part, from a specific obligation laid down in Articles 5 and 6 in relation to an individual core platform service identified pursuant to Article 3(7), where such exemption is justified on the grounds set out in paragraph 2 of this Article. The Commission shall adopt the exemption decision at the latest 3 months after receiving a complete reasoned request.
Amendment 316 #
2020/0374(COD)
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. The Commission may, acting on a reasoned request by a gatekeeper or on its own initiativea court order or upon the request of the Member States, provisionally suspend the application of the relevant obligation to one or more individual core platform services already prior to the decision pursuant to paragraph 1.
Amendment 318 #
2020/0374(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 325 #
2020/0374(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. A gatekeeper shall inform the Commission and the national authorities of any intended concentration within the meaning of Article 3 of Regulation (EC) No 139/2004 involving another provider of core platform services or of any other services provided in the digital sector irrespective of whether it is notifiable to a Union competition authority under Regulation (EC) No 139/2004 or to a competent national competition authority under national merger rules.
Amendment 327 #
2020/0374(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
A gatekeeper shall inform the Commission and the national authorities of such a concentration prior to its implementation and following the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest.
Amendment 335 #
2020/0374(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point a a (new)
Article 14 – paragraph 3 – point a a (new)
(aa) a national authority responsible so requests
Amendment 338 #
2020/0374(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission may, solely upon request of at least 3 Member States’ national authorities, conduct a market investigation for the purpose of examining whether a provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6), or in order to identify core platform services for a gatekeeper pursuant to Article 3(7). It shall endeavour to conclude its investigation by adopting a decision in accordance with the advisory procedure referred to in Article 32(4) within twelve months from the opening of the market investigation.
Amendment 351 #
2020/0374(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
Amendment 352 #
2020/0374(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b a (new)
Article 17 – paragraph 2 – point b a (new)
(ba) be circulated prior to its publication to the relevant national authorities so that they may include amendments and specific recommendations;
Amendment 353 #
2020/0374(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission may by simple request or by decision, acting only upon request of a Member State and providing due justification for its actions while respecting the principle of subsidiarity and the principle of proportionality, may require information from undertakings and associations of undertakings to provide all necessary information, including for the purpose of monitoring, implementing and enforcing the rules laid down in this Regulation. The Commission may also request access to data bases and algorithms of undertakings and request explanations on those by a simple request or by a decisionin full respect of confidentiality and Directive 2016/943 on trade secrets.
Amendment 354 #
2020/0374(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. When sending a simple request for information to an undertaking or association of undertakings, the Commission shall state the legal basis, the purpose of the request, specify what information is required and fix tha reasonable time-limit within which the information is to be provided, and the penalties provided for in Article 26 for supplying incomplete, incorrect or misleading information or explanations.
Amendment 355 #
2020/0374(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Where the Commission requires undertakings and associations of undertakings to supply information by decision, it shall always respect confidentiality and the provisions of Directive 2016/943 on trade secrets, state the purpose of the request, specify what information is required and fix the time- limit within which it is to be provided. Where the Commission requires undertakings to provide access to its data- bases and algorithms, it shall state the legal basis and the purpose of the request, and fix the time- limit within which it is to be provided. It shall also indicate the penalties provided for in Article 26 and indicate or impose the periodic penalty payments provided for in Article 27. It shall further indicate the right to have the decision reviewed by the Court of Justice. At any rate, in the event that certain confidential information provided to the Commission is leaked, voluntarily or erroneously, directly or indirectly, the Commission shall be subsidiarily liable for remedying any actual or potential damage caused to the undertaking.
Amendment 358 #
2020/0374(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. At the request of the Commission, the governments and authorities of the Member States shallmay provide the Commission with all necessarydditional information to carry out the duties assigned to it by this Regulation.
Amendment 359 #
2020/0374(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The Commission may interview any natural or legal person which consents to being interviewed for the purpose of collecting information, relating to the subject-matter of an investigation, including in relation to the monitoring, implementing and enforcing of the rules laid down in this Regulation. The reason for the interview shall be stated in the summons and under no circumstances shall the interview be compulsory for the interviewee.
Amendment 361 #
2020/0374(COD)
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. The Commission shall inform the competent national authorities of the records and visits and shall share with those authorities any information obtained therefrom.
Amendment 364 #
2020/0374(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In case of urgency due to the risk of serious and irreparable damage for business users or end users of gatekeepers, the Commission may, by decision adopt in accordance with the advisory procedure referred to in Article 32(4), order interim measures against a gatekeeper on the basis of a prima facie finding of an infringement of Articles 5 or 6. The Commission’s decision shall not encompass national competences and shall be strictly in line with the principle of subsidiarity.
Amendment 395 #
2020/0374(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 399 #
2020/0374(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. By DD/MM/YYYY, and subsequently every three years, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committeenational Parliaments and authorities.
Amendment 220 #
2020/0361(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision- making processes, or adapting their terms and conditionsadopt measures to limit the dissemination of illegal content. They may also include correctiveinformation measures, such as discontinuing advertising revenuidentifying the for specific content, or other actions, such as improving the visibility of authoritative information sources. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, andigin and means of financing of information sources. Very large online platforms may cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
Amendment 273 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) set out uniform rules for a safe, predictable and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected, especially the right to freedom of expression and opinion.
Amendment 294 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘'content moderation’' means the activities undertaken by providers of intermediary services aimed at detecting, identifying and addressing illegal content or information incompatible with their terms and conditionsin the Member State in which the service is rendered, provided by recipients of the service, including measures taken that affect the availability, visibility and accessibility of that illegal content or that information, such as demotion, disabling of access to, or removal thereof, or the recipients’ ability to provide that information, such as the termination or suspension of a recipient’s account;
Amendment 297 #
2020/0361(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) does not select or modify the information contained in the transmission, which includes moderation of non- illegal content in the Member State in which the service is rendered.
Amendment 303 #
2020/0361(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) the provider does not modify the information, which includes moderation of non-illegal content in the Member State in which the service is rendered;
Amendment 334 #
2020/0361(COD)
1. Providers of intermediary services shall, upon the receipt of an order to act against a specific item of illegal content, issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union or national law, in conformity with Union law, inform the authority issuing the order of the effect given to the orders, without undue delay, specifying the action taken and the moment when the action was taken.
Amendment 362 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service, issued by the relevant national judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order.
Amendment 389 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Providers of intermediary services shall establish a single point of contact allowing for direct communication, by electronic means, with Member States’ authorities, the Commission and the Board referred to in Article 47 for the application of this Regulation.
Amendment 391 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Providers of intermediary services shall mandate their legal representatives to be addressed in addition to or instead of the provider by the Member States’ authorities, the Commission and the Board on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to this Regulation. Providers of intermediary services shall provide their legal representative with the necessary powers and resource to cooperate with the Member States’ authorities, the Commission and the Board and comply with those decisions.
Amendment 439 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) an explanation of the reasons why the individual or entity considers the information in question to be illegal content, which should include the specific legal provision infringed in the Member State in which the service is rendered;
Amendment 502 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Online platforms shall handle, within a maximum of 24 hours, complaints submitted through their internal complaint-handling system in a timely, diligent and objective manner. Where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions, or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account, it shall reverse its decision referred to in paragraph 1 without undue delay.
Amendment 506 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Online platforms shall inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in Article 18 and other available redress possibilities. If within 48 hours of the complaint lodged by the service recipient the complaint has not been resolved, it shall be deemed to have been accepted.
Amendment 661 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. During election periods, such platforms may not, under any circumstances, moderate non-illegal content in the Member State in which the service is rendered.
Amendment 788 #
2020/0361(COD)
Proposal for a regulation
Article 37 – paragraph 4 – point e
Article 37 – paragraph 4 – point e
(e) safeguards to addressprevent any negative effects on the exercise of the fundamental rights enshrined in the Charter, in particular the freedom of expression and information and the right to non- discrimination;
Amendment 12 #
2020/0289(COD)
Proposal for a regulation
Recital 3
Recital 3
Amendment 15 #
2020/0289(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In its Communication to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019, entitled ‘The European Green Deal’ the Commission committed itself to consider revising Regulation (EC) No 1367/2006 to improve access to administrative and judicial review at Union level for citizens and environmental non- governmental organisations who have concerns about the compatibility with environmental law of decisions with effects on the environment. The Commission also committed to take action to improve their access to justice before national courts in all Member States; to this end, it issued a Communication on ‘Improving access to justice in environmental matters in the EU and its Member States’.
Amendment 23 #
2020/0289(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 27 #
2020/0289(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 34 #
2020/0289(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) When assessing whether an administrative act contains provisions which may, because of their effects, contravene environmental law, it is necessary to consider whether such provisions may have an adverse effect on the attainment of the objectives of Union policy on the environment set out in Article 191 TFEU. As a result, the internal review mechanism should also cover acts that have been adopted in the implementation of polici and/or whether such provisions strictly fall within the competences of ther than Union policy on the environmentand do not breach the principle of subsidiarity.
Amendment 45 #
2020/0289(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) According to the case law of the CJEU63, environmental non-governmental organisationsthose requesting an internal review of an administrative act are required to put forward facts or legal arguments of sufficient substance to give rise to serious doubts when stating the grounds for their request of review. _________________ 63Judgment of the Court of Justice of 12 September 2019 in Case C-82/17 P, TestBioTech v Commission, ECLI:EU:C:2019:719, at para 69.
Amendment 63 #
2020/0289(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EC) No 1367/2006
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Amendment 91 #
2020/0277(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure, to the extent that the Treaties allow it, the absence of internal border controls for personsthe citizens of the Member States, and frame a common policy on asylum, immigration and external border control, based on solidarity between Member States, which is fair towards third- country nationals.
Amendment 102 #
2020/0277(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The comprehensive approach should bring together policies in the areas of asylum, migration management, returns, external border protection and partnership with relevant third countries, recognising that the effectiveness of the overall approach depends on all components being jointly addressed and in an integrated manner. The comprehensive approach should ensure that the Union has at its disposal specific rules to effectively manage migration including a) a mechanism for transferring asylum seekers to safe third countries, adjacent to the asylum seekers' countries of origin, b) the triggering of a compulsory solidarity mechanism and c) that all the necessary measures are put in place to prevent crisis to happen.
Amendment 127 #
2020/0277(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Artificial intelligence applications, including face recognition technology, must be fully utilized to record and easily access objective identification data for asylum seekers in each Member State.
Amendment 130 #
2020/0277(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The EU-wide registration of asylum seekers should be recording any penal code violations, so that criminal measures can apply more effectively and deportations can be carried out, as required by the Member States legislation.
Amendment 131 #
2020/0277(COD)
Proposal for a regulation
Recital 5 c (new)
Recital 5 c (new)
(5c) Member States and the European Commission should have real-time access to information on pending deportation cases for persons in the EU.
Amendment 134 #
2020/0277(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A mass influx of persons crossing the border irregularly and within a short period of time, especially when organized by a third country intending to intervene politically within the EU, may lead to a situation of crisis in a particular Member State. That may also have consequences for the functioning of the asylum and migration system, not only in that Member State but in the Union as a whole, due to unauthorised movements and the lack of capacity in the Member State of first entry to process the applications for international protection of such third-country nationals. It is necessary to lay down specific rules and mechanisms that should enable effective action to address such situations.
Amendment 336 #
2020/0277(COD)
Proposal for a regulation
Recital 27 b (new)
Recital 27 b (new)
(27b) The Commission should support the creation of spatially-defined pockets in any willing EU or third country, within which temporary residence may be provided for beneficiaries of asylum status.
Amendment 344 #
2020/0277(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) The Commission should agree with third countries, in particular near potential crisis regions, which can offer protection to asylum seekers, in order for them to avoid the multiple risks posed by intercontinental travel.
Amendment 408 #
2020/0277(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation addresses the extraordinary regulation of situations of crisis and force majeure in the field of immigration and asylum within the Union and provides for specific rules derogating from those set out in Regulations (EU) XXX/XXX [Asylum and Migration Management] and (EU) XXX/XXX [Asylum Procedures Regulation] and in Directive XXX [recast Return Directive].
Amendment 418 #
2020/0277(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a Member Staten or disembarkeding on itsthe territory following search and rescue operationsof a Member State illegally, being of such a scale, in proportion to the population and GDP of the Member State concerned and the number of registered illegal arrivals in the year immediately prior to that one, and nature, that it renders the Member State’s regular asylum, reception or return system at local, regional and/or national level non- functional and can have serious consequences for the functioning of the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or
Amendment 490 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where, on the basis of the examination carried out in accordance with paragraph 8,Once the Member State’s request has been received, and unless the Commission consproviders such afficient evidence to indicate that the request is unjustified, it shallthe Member State concerned shall be authorised, by means of a Commission implementing decision, authorise the Member State concerned to apply the derogatory rules laid down in Articles 4, 5 or 6.
Amendment 493 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The implementing decision referred to in paragraph 2 shall be adoptduly adopted and notified within ten days from the request and shall set the date from which the rules laid down in Articles 4, 5 or 6 may be applied, as well as the time period for their application.
Amendment 495 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. If the Commission does not duly adopt and notify the implementing decision referred to in paragraph 2 within the timeframe laid down in paragraph 3, it shall be deemed to be tacitly authorised for all legal purposes, thereby enabling the Member State to apply the provisions of this Regulation.
Amendment 496 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission may authorise the application of the rules laid down in Articles 4 and 5 for six monthsone year. That period may be extended for a period not exceeding one yearif the crisis situation persists, upon a reasoned request by the Member State concerned.
Amendment 500 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The Commission may authorise the application of the rules laid down in Article 6 for a maximum period of foureight weeks. If a Member State considers it necessary to further extend the application of the rules laid down in Article 6, it shall submit a reasoned request to the Commission at the latest five days before the expiry of the foureight-week period. The Commission may authorise the prolongation of the application of the rules laid down in Article 6 for an additional maximum period of four weeks, which shall be renewable once. The period of application shall not exceed twelve weeks in total, including, where paragraph 8 is applied, the period preceding the adoption of the implementing decision referred to in paragraph 2s long as the initial crisis situation persists.
Amendment 508 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
7. When submitting the request referred to in paragraph 1, a Member State may notify the Commission that it considers necessary to apply the rules laid down in Article 6 before the examination of this request by the Commission is concluded. In such a case, by way of derogation from paragraph 3 of this Article, the Member State concerned may apply the rules laid down in Article 6 from the day following the request and for a period not exceeding 15 daysone month. The Member State shall indicate in the request the reasons for which an immediate action is required.
Amendment 510 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 8
Article 3 – paragraph 8
8. The Commission shall examine the reasoned request pursuant to paragraph 1, or the notification pursuant to paragraph 7 on the basis of substantiated information, in particular the information gathered by the Commission pursuant to the EU mechanism for Preparedness and Management of Crises related to Migration (Migration Preparedness and Crisis Blueprint) and by the European Asylum Support Office (EASO) pursuant to Regulation (EU) No 439/201031, the European Border and Coast Guard Agency pursuant to Regulation (EU) 2019/1896 and the Migration Management Report referred to Article 6 of Regulation (EU) XXX/XXX [Asylum and Migration Management], paying particular attention to the reports of the Member State’s police or military services responsible for border defence or protection. _________________ 31 Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office (OJ L 132, 29.5.2010, p. 11).
Amendment 532 #
2020/0277(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) By way of derogation from Article 41(2)(b) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], Member States may in a border procedure take decisions on the merits of an application in cases where the applicant is of a nationality, or, in the case of stateless persons, a former habitual resident of a third country, for which the proportion of decisions granting international protection by the determining authority is, according to the latest available yearly Union-wide average Eurostat data, 7590% or lower, in addition to the cases referred to in Article 40(1) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation];
Amendment 537 #
2020/0277(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) By way of derogation from Article 41(11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum duration of the border procedure for the examination of applications set out in that Article may be prolonged by an additional period of maximum eight16 weeks. Following this period, the applicant shall be authorised to enter the Member State’s territory for the completion of the procedure for international protection, unless the Member State duly proves that this would pose a serious risk to internal or external security, public order or public health.
Amendment 550 #
2020/0277(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) By way of derogation from Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum period during which third- country nationals or stateless persons shall be kept at the locations referred to in that Article may be prolonged by an additional period of maximum eight16 weeks;
Amendment 556 #
2020/0277(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) In addition to the cases provided for by Article 6(2) of Directive XXX [recast Return Directive], Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when the criterion referred to in Article 6(1), point (f) of Directive XXX [recast Return Directive] is fulfilled or, when the applicant, third- country national or stateless person concerned is manifestly and persistently not fulfilling the obligation to cooperate established by Article 7 of that Directive, or when it can be demonstrated that there is a serious risk to internal or external security, public order or public health.
Amendment 571 #
2020/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
In a crisis situation as referred to in Article 1(2)(a) and in accordance with the procedure laid down in Article 3, applications made within the period during which this Article is applied shall be registered no later than within foureight weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].
Amendment 580 #
2020/0277(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where a Member State is facing a situation of force majeure which renders it impossible to comply with the time limits set out in Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], that Member State shall notify the Commission. After such notification, by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], applications may be registered by that Member State no later than foureight weeks from when they are made. In the notification, the Member State concerned shall indicate the precise reasons for which it considers that this paragraph has to be applied and indicate the period of time during which it will be applied.
Amendment 585 #
2020/0277(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) submit a take charge request as referred to in Article 29 within foursix months of the date on which the application was registered;
Amendment 586 #
2020/0277(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) reply to a take charge request as referred to in Article 30 within twohree months of receipt of the request;
Amendment 587 #
2020/0277(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) submit a take back notification as referred to in Article 31 within onetwo months of receiving the Eurodac hit or confirm the receipt within onetwo months of such notification;
Amendment 593 #
2020/0277(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where a Member State is facing a situation of force majeure which renders it impossible to comply with the obligation to undertake solidarity measures within the timeframes established in Articles 47 and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management] and Article 2 of this Regulation, it shall notify the Commission and the other Member States without delay. The Member State concerned shall indicate the precise reasons for which it considers that it is facing a situation of force majeure and provide all necessary information for that effect. After such notification, by way of derogation from the timeframes established by those Articles, the timeframe for undertaking solidarity measures established in those Articles shall be suspended for a maximum period of six monthsup to 12 months, which may be extended if the situation of force majeure persists, upon a reasoned request by the Member State.
Amendment 605 #
2020/0277(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 676 #
2020/0277(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 5 and 6, and triggering the granting of immediate protection sin accordance with the reasoned requests submitted by the Member State or Member Statues in accordance with Article 10concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).
Amendment 682 #
2020/0277(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. On duly justified imperative grounds of urgency, due to the situation of crisis as defined in Article 1(2) in a Member State, the Commission shall adopt immediately applicable implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 5 and 6, and triggering the granting of immediate protection sin accordance with the reasoned requests submitted by the Member State or Member Statues in accordance with Article 10concerned. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 12(3).
Amendment 687 #
2020/0277(COD)
3. The implementing acts shall remain in force for a period not exceeding one year, which may be extended if the situations that gave rise to those acts persist, upon a reasoned request by the Member State concerned.
Amendment 16 #
2019/2207(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2. a Considers in this regard that when there is compliance with these obligations, the instrument should work on the basis of mutual recognition, and therefore any exception to this should always be interpreted restrictively;
Amendment 17 #
2019/2207(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 23 #
2019/2207(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that the four fundamental freedoms and the objective of a stronger EU requires trust in the Member States’ judicial and penitentiary systems, believes that the FDEAW is a key mechanism to accomplish that objective and therefore its efficiency, celerity and the respect of the decisions of national judges should be improved;
Amendment 24 #
2019/2207(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that further horizontal measures need to be adopted in order to increase mutual confidence in national criminal justice systems, thereby leading tochanges on the FDEAW need to be adopted as soon as possible, intending to achieve more efficient judicial cooperation;
Amendment 24 #
2019/2207(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EAW is a success and has replaced extraditions with transfers; whereas transfers have been shortened to 40 days on average where the individual does not consent although there is a tendency in some Member States to delay or fail to comply with mutual recognition requirements;
Amendment 30 #
2019/2207(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4. a Highlights that mutual recognition of court decisions in criminal matters is key to ensure the functioning of the Schengen area and its permanence in the future;
Amendment 31 #
2019/2207(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 42 #
2019/2207(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas membership of the European Union implies respect for a set of values such as human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as laid down in both Article 2 of the Treaty on European Union and in Member States' legal systems, in compliance therewith;
Amendment 50 #
2019/2207(INI)
Motion for a resolution
Recital J
Recital J
J. whereas double criminality is a concept of international extradition and is scarcely compatible with mutual recognition; whereas the list of offences without a double criminality check should be reassessed and broadened; whereas in its initial proposal, the Commission sought an exhaustive list for which surrender could be refused (‘negative list’);
Amendment 55 #
2019/2207(INI)
Motion for a resolution
Recital K
Recital K
K. whereas mutual recognition needs harmonisation of criminal material law and procedure; whereas progress has been made in the last few yearsprogress has been made in the last few years with regard to harmonisation of criminal material law and procedure, such as the six directives on procedural rights, Directive 2012/29/EU on victims’ rights20, and the harmonisation of criminal offences; _________________ 20 OJ L 315, 14.11.2012, p. 57.
Amendment 76 #
2019/2207(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that the EAW is a major achievement and an effective and indispensable instrument for the maintenance of the Schengen area; states that the EAW has substantially improved cooperation on surrenders;
Amendment 80 #
2019/2207(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the existence of particular problems; finds that these do not call the system into question but show that it has to be improved and updated;
Amendment 91 #
2019/2207(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that the EAW should be enhanced as all Member States take part in itnd improved, making it more effective, immediate and respectful of national courts' decisions, as the four fundamental freedoms and the aim of a stronger Union require that Member States fully trust the legal systems and prison systems of the other Member States, for which this mechanism is essential;
Amendment 106 #
2019/2207(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to provide for understandable data as the existing data is confusing and can offer a false impression of the (non)efficiency of EAWs; calls on Member States to collect and transfer reliable and updated data to the Commission;
Amendment 123 #
2019/2207(INI)
11. Calls on the Commission to analyse common offences in the Member States and to assess the possibility of expanding the list of offences that do not require a double criminality check; highlights the importance of assessing the inclusion of additional offences such as particular environmental crimes (e.g. ship-source pollution offences), hate crimes, sexual abuse, offences committed through digital means such as identity theft, offences against public order and the constitutional integrityprovisions of the Member States, crimes of genocide, crimes against humanity and war crimes;
Amendment 128 #
2019/2207(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to analyse the possibility of reducing the three-year threshold in Article 2(2) of the EAW for certain offences, such as trafficking in human beings and sexual exploitation of children and, child pornography and terrorism;
Amendment 142 #
2019/2207(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the importance of defining more precisely the duties and competencies of the bodies involved in EAW procedures and ensuring that they are specialised and have practical experience; affirms that a broad margin of discretion for the executing authority is scarcely compatible withruns counter to mutual recognition; considers that discretion should be limited in cases of double criminality;
Amendment 152 #
2019/2207(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States to provide flexibility forintroduce the necessary mechanisms to avoid delays or obstructions in connection with official EAW language regimes;
Amendment 154 #
2019/2207(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to provide for a uniform application and effective monitoring of time limits, establishing the principle of favourable enforcement, under which failure by the recipient Member State to resolve the matter as instructed within a reasonable deadline will produce an outcome favourable to victims, upholding their right to damages and preventing unjustified delays and exemptions from slowing down proceedings;
Amendment 164 #
2019/2207(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission, in cooperation with the Member States, to launch a training platform for experts and practitioners on mutual recognition instruments, including the EAW; affirms that it should provide them with knowledge about the close relationship between instruments, including a common space to exchange experiences;
Amendment 171 #
2019/2207(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to take account of the opinions of national parliaments in line with Protocol 2, as their participation provides a democratic check on EU criminal law;
Amendment 174 #
2019/2207(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 184 #
2019/2207(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 192 #
2019/2207(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to issuerecommend to the Member States supplementing instruments on procedural rights, such as on admissibility and prison conditions in pre-trial detention, matching or surpassing CoE standards, including time limits on pre-trial detention; states that the Commission should aim for the highest standards;
Amendment 210 #
2019/2207(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. States that the EAW is effectivere is room for improvement regarding the effectiveness of the EAW; believes, however, that the main issue relates to coherence;
Amendment 224 #
2019/2207(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 12 #
2019/2199(INI)
Motion for a resolution
Citation 6
Citation 6
Amendment 17 #
2019/2199(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to Article 2(1) of the Charter of Fundamental Rights of the European Union, which enshrines the right to life for all persons,
Amendment 18 #
2019/2199(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
– having regard to Article 20 of the Charter of Fundamental Rights of the European Union, which states that everyone is equal before the law,
Amendment 19 #
2019/2199(INI)
Motion for a resolution
Citation 7 c (new)
Citation 7 c (new)
– having regard to Article 21 of the Charter of Fundamental Rights, which prohibits all forms of discrimination,
Amendment 43 #
2019/2199(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
– having regard to the European Council conclusions of 28 June 2018 on migration,
Amendment 70 #
2019/2199(INI)
Motion for a resolution
Citation 31
Citation 31
Amendment 76 #
2019/2199(INI)
Motion for a resolution
Citation 33
Citation 33
Amendment 80 #
2019/2199(INI)
Motion for a resolution
Citation 34
Citation 34
Amendment 85 #
2019/2199(INI)
Motion for a resolution
Citation 35
Citation 35
Amendment 89 #
2019/2199(INI)
Motion for a resolution
Citation 36 a (new)
Citation 36 a (new)
– having regard to the ECtHR judgment of 13 February 2020 in the case of N.D. and N.T. v Spain (Nos 8675/15 and 8697/15) upholding the summary return of migrants entering Spain illegally by force,
Amendment 110 #
2019/2199(INI)
Motion for a resolution
Recital A
Recital A
Amendment 120 #
2019/2199(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the Treaty on the Functioning of the European Union stipulates that the Union shall fully respect the responsibility of the Member States for the content of teaching and the organisation of education systems;
Amendment 183 #
2019/2199(INI)
Motion for a resolution
Recital C
Recital C
Amendment 191 #
2019/2199(INI)
Motion for a resolution
Recital D
Recital D
Amendment 201 #
2019/2199(INI)
Motion for a resolution
Recital E
Recital E
Amendment 222 #
2019/2199(INI)
Motion for a resolution
Recital F
Recital F
F. whereas pushbacks constitute a violation of EU and international law and preventof migrants fcrom benefiting from the legal guarantees firmly laid down in such law; whereas the Council of Europe Commissioner for Human Rights expressed grave concern about consistent reports of violent pushbacks by Croatian lawssing the borders in Ceuta and Melilla illegally, and often violently, have been enfdorcement officials25 ; whereas the Council ofsed by the European Commissioner for Human Rights also expressed concerns regarding the practice of ‘summary returns’ in the enclaves of Ceuta and Melilla in relation to the ECtHR cases N.D. v Spain and N.T. v Spain26 ; __________________ 25 Letterfrom the Commissioner for Human Rights of the Council of Europe to the Prime Minister of Croatia of 20 September 2018; Commissioner for Human Rights of the Council of Europe, Bosnia and Herzegovina must immediately close the Vučjak camp and take concrete measures to improve the treatment of migrants in the country, Council of Europe, Strasbourg, 2019 26 Thirdparty intervention by the Council of Europe Commissioner for Human Rights of 22 March 2018, N.D. v Spain and N.T. v Spain, CommDH(2018)11.urt of Human Rights; whereas, in the ECtHR cases N.D. v Spain and N.T. v Spain, the Court considered that no breach of the Convention on Human Rights or of Article 4 of the protocol prohibiting collective expulsions had been committed since the persons in question had not used the available legal channels for seeking asylum in Spain;
Amendment 231 #
2019/2199(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas in the past year there have been almost 3 000 separate attacks in Europe, mainly in the western part, on places of Christian worship or places otherwise related to Christianity, such as churches, cemeteries, monuments and statues;
Amendment 256 #
2019/2199(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recognises that the EU plays an important role in preventing poverty and social exclusion in the Member States, and calls on the Commission and the Council to make macroeconomic, while respecting national sovereignty and the principle of subsidiarity, to take decisions based on the fundamental rights enshrined in the Charter;
Amendment 268 #
2019/2199(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the effects of austerity measures have deeplysome measures taken as a result of the economic crisis have had a major impacted on the social fabric of the EU in many Member States and that this continues today – exacerbating already widening inequalities and breaching fundamental rights – and affects women, migrants, Roma, Travellers and other disadvantaged groups with a particular ferocity;
Amendment 286 #
2019/2199(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. HighlightsTakes note of Article 37 of the Charter, which affirmstates that measures to protect‘a high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union, and believes that this must be the guiding principle for all macroeconomic policies, above any other economic consideration to deal with the most significant threat facing humanity and to ensure that all people have the right to a futureensured in accordance with the principle of sustainable development’;
Amendment 324 #
2019/2199(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 334 #
2019/2199(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 341 #
2019/2199(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Deplores the proliferation of laws in some Member States that provide for different penalties for the same offence according to the perpetrator’s gender or sexual orientation; stresses that such laws run counter to Articles 20 and 21 of the Charter, which state that all persons are equal in the eyes of the law, and prohibit any discrimination on the basis of gender or sexual orientation;
Amendment 343 #
2019/2199(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that reproductive and sexual health issues fall within the exclusive competence of the Member States and cannot be regulated at EU level, and that the European Union should not be exerting pressure in this matter;
Amendment 349 #
2019/2199(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Recalls that everyone has the right to life, as Article 2 of the Charter recognises; stresses that this right must be defended from the moment of conception;
Amendment 350 #
2019/2199(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Recalls that the competence to protect and improve human health, in accordance with Article 6 TFEU, lies with the EU Member States;
Amendment 352 #
2019/2199(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Recalls that the ECtHR has repeatedly stated that neither the European Convention on Human Rights nor any of its articles can be interpreted in a way that recognises the right to abortion;
Amendment 392 #
2019/2199(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Condemns hate crime and hate speech motivated by racism, xenophobia or religious or political intolerance, or by bias on the grounds of disability, sexual orientation, gender identity, sexual characteristicsity or minority status;
Amendment 395 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recalls that there are attacks in the European Union on places of Christian worship or places otherwise related to Christianity, such as churches, cemeteries, monuments and statues; condemns all attacks on Christians and calls for the equal treatment of Christians in Europe and worldwide;
Amendment 478 #
2019/2199(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 489 #
2019/2199(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is deeply concerned about the increasingly shrinking space for independent civil society in some Member States; recalls the importance of ensuring adequate funding to support civil society activities;
Amendment 500 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Expresses its concern at the growing violence of far-left entities, groups and collectives throughout Europe, as well as the violence employed by separatist groups against the security forces, as well as journalists and the civilian population;
Amendment 521 #
2019/2199(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 538 #
2019/2199(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses grave concern abNotes the European Court consistent reports of violentof Human Rights ruling upholding pushbacks by law enforcement officials in several Member States; calls on the Commission and the Member States to investigate the matter and take effective measures to ensure that such policies and practices are scrapped, including by putting on hold funds for border surveillance and ensuring the independent monitoring of border control activities by national ombudsmen and NGOstake measures to ensure the protection of the forces of law and order and to put an end to the 'pull effect’;
Amendment 543 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses, in line with the Council conclusions of 28 June 2018, the importance of removing incentives for undertaking dangerous journeys, in order to destroy the business model of people traffickers and prevent the tragic loss of human life. This would require a new approach based on shared or complementary action among the Member States to the disembarkation of those who are saved in search and rescue operations. In that context, calls on the Commission to look into, without delay, the concept of regional disembarkation platforms, in close cooperation with relevant third countries as well as the United Nations High Commissioner for Refugees (UNHCR) and the International Organisation for Migration (IOM). Such platforms should operate in a manner ensuring they distinguish each individual situations, in full respect of international law and without creating a pull effect.
Amendment 3 #
2019/2169(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas Articles 16(1) and 16(3) of the Universal Declaration of Human Rights reaffirm on the one hand that men and women are entitled to equal rights as to marriage, during marriage and at its dissolution, and on the other, that 'the family is the natural and fundamental group unit of society and is entitled to protection by society and the State';
Amendment 5 #
2019/2169(INI)
Draft opinion
Recital B
Recital B
B. whereas Directives 2011/36/EU, 2011/99/EU and 2012/29/EU establish a basis for combating gender-based violence (GBV)violence against human beings;
Amendment 20 #
2019/2169(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 31 #
2019/2169(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates its call for the Council and the Commission to swiftly adopt the Horizontal Anti-discrimination Directivemeasures conducive to the defence of the family and the spouses that form part of it;
Amendment 39 #
2019/2169(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses its concern at the widespread prevalence of GBV in all its forms and the lack of full access to sexual and reproductive health and rights (SRHR)violence in our societies; emphasises in this regard that measures intended to prevent it should avoid any form of discrimination on the grounds of gender, race, nationality, sexual preference, religion or other social situation;
Amendment 54 #
2019/2169(INI)
4. Urges the EU not to accede to the Istanbul Convention without delay; commends the Commission on its commitment to propose measures to achieve the same objectives if accession to the Convention remains blockedso as not to generate a greater inequality gap between men and women;
Amendment 62 #
2019/2169(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for an EU-wide action plan to prevent and combat all forms of GBV; to this end calls for the appointment of a coordinator to implement this action plathe inequality implied by the implementation of gender mainstreaming policies, which promote the victimisation of women and criminalisation of men;
Amendment 71 #
2019/2169(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes the lack of a common approach or definitions for the various forms of cyber violence, which are expressions of GBV; calls on the Commission to propose a legislative instrument on combating cyber violence;
Amendment 74 #
2019/2169(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on Member States to ensure and improve access to justice, inter alia by training law enforcement and judicial staff on GBVviolence within families and hate crimes, including those committed online; calls on Member States to ensure safe conditions for reporting, combat under- reporting, and provide legal aid as well as integrated support services and shelters; notes that in order to protect the principle of the equality of all citizens before the law, it is vital to include all those in a vulnerable situation without discriminating on the grounds of gender;
Amendment 82 #
2019/2169(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes with concern the issue of shrinking civic space in relation to civil society organisations and human rights defenders working on gender equality, minority and women’s rights and SRHR. strictly ideological premises that foment the victimisation of women, on which many civil society organisations dedicated to advocating equality between men and women are based; underlines that many of them have either departed from their noble objectives or have been expressly set up to become part of the machinery of some parties with the sole aim of winning votes and subsidies while dividing societies; expresses its concern at the imposition on the majority of society of biased ideological positions based on questionable 'minority rights’, real or fictitious .
Amendment 2 #
2019/2135(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that in the current global security environment, an integral part of the EU’s strategic autonomy should be the independent capacityEU’s Member States should be able to voluntarily cooperate to guarantee the security of its own citizens;
Amendment 9 #
2019/2135(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights that the support of EU citizens is crucial to underpinning the political ambition of EU defence policy; underlines the fact that according to the latest public opinion surveys, three quarters of EU citizens are in favour of a common defence and security policy for the Member States, a proportion that has remained above 70 % since 2004;
Amendment 15 #
2019/2135(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 24 #
2019/2135(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that deeper integration in security and defence should also mean more democratic scrutiny through parliamentary control; reiterates the need, therefore, to strengthen Parliament’s role in this area, namely by establishing a fully-fledged Committee on Security and Defence, which should be complemented by joint interparliamentary meetings between representatives from national parliaments and MEPlow to reduce the fragmentation and inefficiencies of the EU’s defence industry and to eliminate the obstacles for a fruitful voluntary cooperation between Member States;
Amendment 29 #
2019/2135(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates the need to remove obstacles to the deployment of the EU Battlegroups, and considers that the unanimity requirement in the Council undermines the very purpose of these groups – to act as a military rapid- reaction capacity that responds to emerging crises and conflicts around the worldstresses in this regard that every decision relating to the common security and defence policy shall be adopted by the Council acting unanimously as set out in Article 42(4) of the Treaty on the European Union (TEU);
Amendment 30 #
2019/2135(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that the upcoming Conference on the Future of Europe should include reflections onreflect, with regard to the future of the European Defence Union and, in particular, the need to establish a European intervention force endowed with sufficiently effective, that the EU’s strategic security and defence capabiliobjectives to engage in peace-keeping and conflict prevention and strengthen international security in accordance with the Charter of the United Nshould be achieved by removing the existing obstacles and by promoting cooperations and the tasks set out in Article 43(1) of the Treaty on European Union (TEU)mong Member States with respect to their National Sovereignty;
Amendment 35 #
2019/2135(INI)
Draft opinion
Paragraph 9
Paragraph 9
Amendment 38 #
2019/2135(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Highlights its support for the establishment of an EU autonomous intelligence capacity, which should enhance common security endeavours and ensure interoperability amongst national intelligence services;
Amendment 57 #
2019/0002(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is necessary, for the purposes of ensuring the full attainment of ETIAS objectives, as well as to further the Schengen Information System (‘SIS’) objectives, to include in the scope of the automated verifications a new alert categoryies introduced by the recent revision of SIS, namely the alert on persons subject to inquiry checks. and the alerts on illegal migrants subject to a return decision
Amendment 63 #
2019/0002(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EU) 2018/1240
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
(23) ‘other EU information systems’ means the Entry/Exit System (‘EES’), the Visa Information System (‘VIS’), the Schengen Information System (‘SIS’), Eurodac and the European Criminal Record Information System – Third Country Nationals (‘ECRIS-TCN’).;
Amendment 67 #
2019/0002(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11– paragraph 4 – introductory part
Article 11– paragraph 4 – introductory part
4. For the purpose of proceeding to the verifications referred to in Article 20(2)(c), (m)(ii) and (o), and Article 23(1), the automated processing referred to in Article 11(1), shall enable the ETIAS Central System to query the SIS established by Regulation (EU) 2018/18601 (border checks) and (EU) 2018/1860 (returns) of the European Parliament and of the Council with the following data of Articles 17(2)(a) to (d) and Article 17(2)(k):
Amendment 68 #
2019/0002(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11 – paragraph 6 – point d a (new)
Article 11 – paragraph 6 – point d a (new)
(d a) country of birth;
Amendment 82 #
2019/0002(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EU) 2018/1240
Article 11a
Article 11a
For the purpose of Articles 6, 14, 17 and 178 of Regulation (EU) 2017/2226, an automated process, using the secure communication infrastructure of Article 6(2)(d) of this Regulation, shall query and import from the ETIAS Central System, the information referred to in Article 47(2) of this Regulation, as well as the application number and the end of validity period of an ETIAS travel authorisation, and update the entry/exit record or the refusal of entry record in the EES accordingly.;
Amendment 92 #
2019/0002(COD)
Proposal for a regulation
Article 1 – paragraph 7 – point a (new)
Article 1 – paragraph 7 – point a (new)
(a) (7a) in Article 20(2), the following point is added: "(na) whether the applicant is subject to an alert on return entered in SIS"
Amendment 93 #
2019/0002(COD)
Proposal for a regulation
Article 1 – paragraph 7 a (new)
Article 1 – paragraph 7 a (new)
(7 a) In Article 20(2), the first subparagraph is replaced by the following: The ETIAS Central System shall launch a query by using the ESP to compare the relevant data referred to in points (a), (aa), (b), (c), (d), (f), (g), (j), (k), and (m) of Article 17(2) and in Article 17(8) to the data present in a record, file or alert registered in an application file stored in the ETIAS Central System, SIS, the EES, VIS, Eurodac, ECRIS-TCN, Europol data and in the Interpol SLTD and TDAWN databases
Amendment 94 #
2019/0002(COD)
Proposal for a regulation
Article 1 – paragraph 9 – point a a (new)
Article 1 – paragraph 9 – point a a (new)
(a a) in paragraph 1, the following point is added: "(ca) an alert on illegal migrants subject to a return decision"
Amendment 96 #
2019/0002(COD)
Proposal for a regulation
Article 1 – paragraph 10
Article 1 – paragraph 10
Regulation (EU) 2018/240
Article 25a – paragraph 1 – point d a (new)
Article 25a – paragraph 1 – point d a (new)
(d a) Article 4 of Regulation (EU) 2018/1860 (returns)
Amendment 99 #
2019/0002(COD)
Proposal for a regulation
Article 1 – paragraph 10
Article 1 – paragraph 10
Regulation (EU) 2018/1240
Article 25a – paragraph 2
Article 25a – paragraph 2
2. The ETIAS National Units shall also have access, in accordance with national law, to the national criminal records registers in order to obtain the information on third country national and stateless persons convicted for a terrorist offence or any other serious criminal offence for the purposes referred to in paragraph 1.
Amendment 102 #
2019/0002(COD)
Proposal for a regulation
Article 1 – paragraph 12 a (new)
Article 1 – paragraph 12 a (new)
Regulation (EU) 2018/1240
Article 45 a (new)
Article 45 a (new)
(12 a) Article 45a Carrier Assistance Centre 1.A Carriers Assistance Centre shall be established within the ETIAS Central Unit in order to support carriers in the implementation of Article 45 of this Regulation, Article 13 of Regulation (EU) 2017/2226 [EES] and Article 45b of the Proposal COM (2018) 302 [VIS]. 2.The Carriers Assistance Centre shall be responsible for: (a) establishing and maintaining in consultation with the Member States a central register of carriers transporting passengers for commercial purposes to the external borders. (b) providing operational and technical support to the carriers in connection with the queries to be performed on passengers in accordance with Article 45 of this Regulation, Article 13 of Regulation (EU) 2017/2226[EES] and Article 45b of the Proposal COM (2018) 302 [VIS]. 3.The duly authorised staff of the Carrier Assistance Centre shall have access to the datafiles stored in the CIR, ETIAS Central System, EES Central System and VIS Central System for the purpose of verifying the status of the passengers in order to provide the operational support referred to in point (b) of paragraph 2. 4. Commission shall, by means of an implementing act establish the rules regarding the registration of the carriers referred to in point (a) of paragraph 2 and access to the ETIAS, EES and VIS for the Carriers Assistance Centre staff referred to in paragraph 3.
Amendment 122 #
2019/0002(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
Regulation (EC) No 767/2008 [VIS]
New Article 45 b bis (new)
New Article 45 b bis (new)
Amendment 124 #
2019/0002(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
Regulation (EU) 2017/2226
Article 8a – paragraph 2 – introductory part
Article 8a – paragraph 2 – introductory part
Where an entry/exit record or a refusal of entry record of a visa exempt third country national is created, the automated process shall enable the Central System of the EES the following:
Amendment 125 #
2019/0002(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
Regulation (EU) 2017/2226
Article 8a – paragraph 2 – point b a (new)
Article 8a – paragraph 2 – point b a (new)
(b a) to update the refusal of entry record in the EES in accordance with point (b) of Article 18(1) of this Regulation.
Amendment 126 #
2019/0002(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
Regulation (EU) 2017/2226
Article 13 a (new)
Article 13 a (new)
(3 a) Article 13a Carrier Assistance Centre 1.A Carriers Assistance Centre shall be established within the ETIAS Central Unit in order to support carriers in the implementation of Article 45 of Regulation (EU)2018/1240 [ETIAS], Article 13 of this Regulation and Article 45b of the Proposal COM (2018) 302 [VIS]. 2.The Carriers Assistance Centre shall be responsible for: (a) establishing and maintaining in consultation with the Member States a central register of carriers transporting passengers for commercial purposes to the external borders. (b) providing operational and technical support to the carriers in connection with the queries to be performed on passengers in accordance with Article 45 of Regulation (EU) 2018/1240 [ETIAS], Article 13 of Regulation (EU) 2017/2226[EES] and Article 45b of the Proposal COM (2018) 302 [VIS]. 3.The duly authorised staff of the Carrier Assistance Centre shall have access to the datafiles stored in the CIR, ETIAS Central System, EES Central System and VIS Central System for the purpose of verifying the status of the passengers in order to provide the operational support referred to in point (b) of paragraph 2. 4. Commission shall, by means of an implementing act establish the rules regarding the registration of the carriers referred to in point (a) of paragraph 2 and access to the ETIAS, EES and VIS for the Carriers Assistance Centre staff referred to in paragraph 3.
Amendment 42 #
2019/0001(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) It is necessary, for the purposes of ensuring the full attainment of ETIAS objectives, as well as to further the Schengen Information System (‘SIS’) objectives, to include in the scope of the automated verifications a new alert categoryies introduced by the recent revision of SIS, namely the alert on persons subject to inquiry checks and the alert on illegal migrants subject to a return decision.
Amendment 53 #
2019/0001(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EU) 2019/816
Article 1 – point d
Article 1 – point d
the conditions under which data included in the ECRIS-TCN system may be used for the purpose of border management in accordance withsupporting the objectives under Regulation (EU) 2018/1240 of the European Parliament and of the Council*, in particular with assessing whether the entry of the ETIAS applicants into the Union would pose a security threat to public policy, internal security or international relations for any of the Member States.
Amendment 56 #
2019/0001(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) 2019/816
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation applies to the processing of identity information of third country nationals who have been subject to convictions in the Member States for the purpose of identifying the Member State(s) where such convictions were handed down, as well as for the purposes of border management [and contributing to facilitating and assisting in the correct identification of persons]facilitating and assisting in the correct identification of persons in accordance with this Regulation and with Regulation (EU) 2019/818. This Regulation also supports the ETIAS objectives of identifying whether the presence of ETIAS applicants in the territory of the Member States would pose a security threat to public policy, internal security or international relations for any of the Member States.
Amendment 77 #
2019/0001(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Regulation (EU) 2019/816
Article 7 – paragraph 5
Article 7 – paragraph 5
5. In the event of a hit, the Central System [or the CIR] shall automatically provide the competent authority with information on the Member State(s) holding criminal record information on the third country national, along with the associated reference number(s) referred to in Article 5(1) and any corresponding identity information. Such identity information shall only be used for the purpose of verification of the identity of the third country national concerned. The result of a search in the Central System may only be used for the purpose of making a request according to Article 6 of Framework Decision 2009/315/JHA, a request referred to in Article 16(4) of this Regulation, or for the purposes of border management [and facilitating and assisting in the correct identification of persons registered in the ECRIS-TCN system].; and for the purpose of supporting the objective under Regulation (EU) 2018/1240 of identifying whether the presence of ETIAS applicants in the territory of the Union would pose a security threat to public policy, internal security or international relations for any of its Member States.
Amendment 86 #
2019/0001(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Regulation (EU) 2019/816
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The data included in the Central System [and the CIR] shall only be processed for the purpose of the identification of the Member State(s) holding the criminal records information of third country nationals, as well as for the purposes of border management [as well as for facilitating and assisting in the correct identification of persons registered in the ECRIS-TCN system].;and for the purpose of supporting the ETIAS objectives of identifying whether the presence of ETIAS applicants in the territory of the Union would pose a security threat to public policy, internal security or international relations for any of its Member States.
Amendment 37 #
2018/0330B(COD)
Proposal for a regulation
Recital 80
Recital 80
(80) The False and Authentic Documents Online (‘FADO’) system was established by Council Joint Action 98/700/JHA1a within the General Secretariat of the Council, providing access to Member States' authorities to have at their disposal information on any new forgery methods that are detected and on the new genuine documents that are in circulation, in order to aid the combating of irregular migration and the use of fraudulent documents. _________________ 1aCouncil Joint Action 98/700/JHA of 3 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning the setting up of a European Image Archiving System (FADO) (OJ L 333, 9.12. 1998, p. 4).
Amendment 39 #
2018/0330B(COD)
Proposal for a regulation
Recital 80 a (new)
Recital 80 a (new)
(80 a) The use of false, fraudulently obtained and forged documents by third- country nationals to enter, and stay in, the Union or to use them in procedures relating to legalisation of stay, including asylum procedures, has become a concern of increasing importance for Member States. While the use of legitimate documents facilitates the entry to, and stay in, Member States, a parallel market has been created for third-country nationals who know that they cannot fulfil the criteria for entering the Union using legitimate documents and regular channels or who otherwise wish to disguise their true identity.
Amendment 43 #
2018/0330B(COD)
Proposal for a regulation
Recital 81 a (new)
Recital 81 a (new)
(81 a) FADO should contain information on all types of genuine and false travel, identity, residence and civil status documents, driving licenses, vehicle licenses and other related official documents issued by Member States, third countries, territorial entities, international organisations and other entities subject to international law.
Amendment 48 #
2018/0330B(COD)
Proposal for a regulation
Recital 82
Recital 82
(82) The FADO system should keep its multi-level structure to provide different levels of information on documents to different stakeholders, including the general publicFADO should provide information to stakeholders, including the general public, with different levels of restriction depending on the sensitivity of the documents.
Amendment 60 #
2018/0330B(COD)
Proposal for a regulation
Article 80 a (new)
Article 80 a (new)
Article 80 a Scope FADO shall contain information on genuine travel, identity, residence and civil status documents, driving licenses, vehicle licenses and other related official documents issued by Member States, third countries, territorial entities, international organisations and other entities subject to international law, and on falsifications thereof.
Amendment 63 #
2018/0330B(COD)
Proposal for a regulation
Article 80 b (new)
Article 80 b (new)
Article 80 b FADO architecture FADO architecture shall enable different levels of access to the system for competent authorities of the Member States such as border police, other law enforcement authorities, or other third parties in accordance with Article (X), as well as public access.
Amendment 67 #
2018/0330B(COD)
Proposal for a regulation
Article 80 c (new)
Article 80 c (new)
Article 80 c Implementing measures The Commission shall adopt, taking into account the sensitivity of the documents concerned, implementing acts in in order to establish: (a) the technical specifications for entering information into, and storing it in, FADO according to high standards; (b) the procedures for controlling and verifying the information contained in FADO; (c) measures granting different levels of restricted access to FADO to third parties such as airlines, Union institutions, bodies, offices and agencies, third countries or international organisations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article X(X).
Amendment 70 #
2018/0330B(COD)
Proposal for a regulation
Article 80 d (new)
Article 80 d (new)
Article 80 d Committee procedure 1. The Commission shall be assisted by the committee established by Council Regulation (EC) 1683/951a. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. _________________ 1aCouncil Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995).
Amendment 1 #
2016/0132(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 78(2)(d), (e) and (g), 79(2)(c), 87(2) (a) and (c) and 88(2)(a) thereof,
Amendment 1 #
2016/0132(COD)
Proposal for a regulation
Title 1
Title 1
Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the establishment of 'Eurodac' for the comparison of biometric data for the effective application of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] and of Regulation (EU) XXX/XXX [Resettlement Regulation], for identifying an illegalrregularly 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 and amending Regulations (EU) 2018/1240 and (EU) 2019/818
Amendment 2 #
2016/0132(COD)
(5b a) For the purpose of performing the tasks laid down in Regulation (EU) 2019/1896 of the European Parliament and of the Council1a, it is also necessary that European Border and Coast Guard standing corps have access to Eurodac in order to search data through its own technical interface, which should be developed and maintained by eu-LISA in cooperation with European Border and Coast Guard Agency. Operational experience gained in past deployments of staff from the European Border and Coast Guard Agency demonstrates the difficulties that members of the teams have had, from a legal, technical and practical point of view, in using national IT systems or interfaces in order to access Eurodac. In order to maximise its operational support and capacity, the European Border and Coast Guard Agency should be able to rely on its own capabilities which also include properly functioning IT systems. ______________ 1a Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
Amendment 2 #
2016/0132(COD)
(4a) ‘Moreover, for the purposes of effectively applying Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] and in accordance with the rules thereof, it is necessary to clearly mark in Eurodac the fact that there has been a shift of responsibility between Member States, including in cases of relocation. Furthermore, in order to reflect accurately the obligations Member States have to conduct search and rescue operations and to help these Member States with the specific challenges they face as they cannot apply to persons disembarked following such operations the same tools as for irregular crossings by land or air, it is also necessary to register third-country nationals or stateless persons disembarked following search and rescue operations as a separate category in Eurodac.
Amendment 3 #
2016/0132(COD)
(5c) Likewise, for the purpose of managing irregular assisting Member States with the control of illegal immigration, it is necessary to allow eu-LISA to produce cross-system statistics using data from relevant Union databases, in particular Eurodac, the Visa Information System, ETIAS and, the Entry/Exit System and the Schengen Information System. In order to specify the content of these cross-system statistics, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers.’;
Amendment 3 #
2016/0132(COD)
(5a) ‘It is also necessary to introduce provisions that would ensure the functioning of that systemensure that that system functions within the interoperability framework established by Regulations (EU) 2019/81725 and 2019/818 26 of the European Parliament and of the Council in accordance with the current Regulation and in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council26a, in particular the principles of necessity, proportionality and purpose limitation set out in that Regulation. In addition, it is necessary to introduce clear provisions which would permit the designated national authorities of the Member States, and the Union bodies which have access to Eurodac, to see only the data which are strictly relevant for the performance of their specific tasks. __________________ 25 Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA, OJ L 135, 22.5.2019, p. 27- 84 26 Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816, OJ L 135, 22.5.2019, p. 85–135 26a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 4 #
2016/0132(COD)
(6) ‘'To those ends, it is necessary to set up a system known as 'Eurodac', consisting of a Central System and of the Common Identity Repository established by Regulation (EU) 2019/818, which will operate a computerised central database of biometric and alphanumeric data, as well as of the electronic means of transmission between those [the Central System and the Common Identity Repository] and the Member States, hereinafter the "Communication Infrastructure".’;
Amendment 4 #
2016/0132(COD)
(5b a) For the purpose of performing the tasks laid down in Regulations (EU) 2019/18961a and (EU) 2021/23031b of the European Parliament and of the Council, it is necessary that members of the European Border and Coast Guard standing corps deployed through border management teams, migration management support teams and return teams, and of the asylum support teams of the European Union Agency for Asylum, (‘Agencies’ teams’) have access to Eurodac. When requested by the Member State hosting a particular operation, members of the Agencies’ teams should be able to take and transmit relevant Eurodac data using the Member States’ IT solutions. __________________ 1a Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1). 1b Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 (OJ L 468, 30.12.2021, p. 1).
Amendment 5 #
2016/0132(COD)
(14) ‘'Moreover, in order for Eurodac to effectively assist with the control of irregular llegal immigration to the Union, and with the detection of secondary movements within the EU,Union it is necessary to allow the system to count applicants in addition to applications by linking all sets of data corresponding to one person, regardless of their category, in one sequence.’;
Amendment 5 #
2016/0132(COD)
(5c) Likewise, fFor the purpose of managingassisting Member States with the control of irregular immigration, it is necessary to allow eu-LISA and of providing useful statistics to policy makers to encourage evidence-based policy making, eu-LISA should be able to produce cross- system statistics using data from relevant Union databases, in particular Eurodac, the Visa Information System, ETIAS and, the Entry/Exit System. In order to specify the content of these cross-system statistics, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers.’;
Amendment 6 #
2016/0132(COD)
(c) assist with the control of irregularllegal immigration to the Union and with the detection of secondary movements within the Union and with the identification of illegally staying third-country nationals and stateless persons for determining the appropriate measures to be taken by Member States ;
Amendment 6 #
2016/0132(COD)
(6) ‘'To those ends, it is necessary to set up a system known as 'Eurodac', consisting of a Central System and of the Common Identity Repository established by Regulation (EU) 2019/818, which will operate a computerised central database of biometric and alphanumeric data, as well as of the electronic means of transmission between those [the Central System and the Common Identity Repository] and the Member States, hereinafter the "Communication Infrastructure".’;
Amendment 7 #
2016/0132(COD)
(d) lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of biometric or alphanumeric data with those stored in the Central System and in the Common Identity Repository (CIR), for law enforcement purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences;
Amendment 7 #
2016/0132(COD)
(14) ‘'Moreover, in order for Eurodac to effectively assist with the control of irregular immigration to the Union, and with the detection of secondary movements within the EU,Union it is necessary to allow the system to count applicants in addition to applications by linking all sets of data corresponding to one person, regardless of their category, in one sequence. National authorities and Union bodies should be able to see only the personal data that are strictly relevant for the performance of their tasks, even if the data are linked in a sequence. That does not affect the retention period of each dataset.’;
Amendment 8 #
2016/0132(COD)
2. Without prejudice to the processing of data intended for Eurodac by the Member State of origin in databases set up under the latter's national law, biometric data and other personal data may be processed in Eurodac only for the purposes set out in this Regulation, and in Regulations (EU) XXX/XXX [Regulation on Asylum and Migration Management] and in Regulation, (EU) XXX/XXX [Resettlement Regulation], (EU) 2019/818, (EU) XXX/XXX [ResettlementVIS Regulation] and (EU) 2018/1240.’;
Amendment 8 #
2016/0132(COD)
Amendment 9 #
2016/0132(COD)
(a a) ‘resettled third-country national or stateless person’ means a third-country national or stateless person who, following a resettlement procedure in accordance with national law or with [Regulation (EU) XXX/XXX] [Resettlement Regulation], arrives on the territory of the Member State of resettlement;
Amendment 9 #
2016/0132(COD)
(24aa) Where a third-country national or stateless person who has been found irregularly staying in a Member State makes an application for international protection at the time of or following his or her apprehension, that Member State should not be exempt from the obligation to take and record the biometric data of that person in accordance with this Regulation.
Amendment 10 #
2016/0132(COD)
6. All datasets registered in Eurodac corresponding to the same third country national or stateless person shall be linked in a sequence. Where a search is launched with the fingerprints in the dataset of a third-country national or stateless personn automatic comparison is carried out in accordance with Articles 15 and 16 and a hit is obtained against at least one other set of fingerprints and facial image data, or facial image data alone, in another dataset corresponding to that same third country national or stateless person, Eurodac shall automatically link those datasets on the basis of the fingerprints comparison. If necessary, the comparison of fingerprints shall be checked and confirmed by a fingerprintcomparison. The result of the comparison shall be checked and verified by an expert in accordance with Article 26(4) and (5). When the receiving Member State confirms the hit, it shall send a notification to eu-LISA that will confirm the linking.
Amendment 10 #
2016/0132(COD)
(24ab) Where a third-country national or stateless person who has been apprehended in connection with the irregular crossing of an external border makes an application for international protection at the time of or following his or her apprehension, the apprehending Member State should not be exempt from the obligation to take and record the biometric data of that person in accordance with this Regulation.
Amendment 11 #
2016/0132(COD)
Article 8ca Access to Eurodac by the European Border and Coast Guard standing corps For the purpose of performing the tasks laid down in Regulation (EU) 2019/1896, in particular the tasks requiring executive powers referred to in points (a) and (g) of Article 55(7) of that Regulation and the provision of operational support for the implementation of [Regulation (EU) XXX/XXX] [Screening Regulation], members of the teams as defined in point (17) of Article 2 of Regulation (EU) 2019/1896 shall have access to Eurodac. Members of the teams shall have access to and may consult Eurodac through its own technical interface which shall be developed and maintained by eu-LISA in cooperation with the European Border and Coast Guard Agency. Such a technical interface shall include a self- monitoring and logging mechanism to ensure the lawfulness of data processing and compliance with data protection requirements as laid down in Regulation (EU) 2018/1725.
Amendment 11 #
2016/0132(COD)
Amendment 12 #
2016/0132(COD)
1. eu-LISA shall draw up statistics on the work of the Central System and the CIR every month indicating in particular:
Amendment 12 #
2016/0132(COD)
(6a) the following recital is inserted after recital 57: (57a) In order to enable eu-LISA to start the implementation process as regards Eurodac as soon as this Regulation enters into force, the European Parliament, the Council and the Commission should ensure that the financial and human resources made available for the purposes of this Regulation attain the level indicated in the Legislative Financial Statement of the Commission in relation to this Regulation.
Amendment 13 #
2016/0132(COD)
(b) the number of rejected applicants resulting from the linking process referred to in Article 4(6) and pursuant to Article 12(zax);
Amendment 13 #
2016/0132(COD)
(b) assist with the applidentification of secondary movements of third-country nationals resettled in accordance with Regulation (EU) XXX/XXX [Resettlement Regulation] under the conditions set out in this Regulation;
Amendment 14 #
2016/0132(COD)
3. For the purpose of supporting the objective referred to in Article 1(c), eu- LISA shall produce monthly cross-system statistics. Those statistics shall not allow for the identification of individuals and will use data from Eurodac, the Visa Information System, ETIAS and, the Entry/Exit System and the Schengen Information System.
Amendment 14 #
2016/0132(COD)
(ca) assist with the protection of child victims of trafficking in human beings and the identification and protection of missing children;
Amendment 15 #
2016/0132(COD)
These statistics shall be made available to the Commission, to the Member States and to the relevant Union agencies, in particular the [European Union Agency for Asylum], to the European Border and Coast Guard Agency and to the Member StatesEuropol. The Commission shall, by means of implementing acts, specify the content of the monthly cross-system statistics. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41a(2).
Amendment 15 #
2016/0132(COD)
(d) lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of biometric or alphanumeric data with those stored in the Central System or in the Common Identity Repository (CIR), for law enforcement purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences;
Amendment 16 #
2016/0132(COD)
4. At the request of the Commission, eu-LISA shall provide it with statistics on specific aspects related to the application of this Regulation as well as the statistics pursuant to paragraph 1 and shall, upon request, make them available to a Member State and to the [European Union Agency for Asylum]relevant Union agencies, in particular the [European Union Agency for Asylum], the European Border and Coast Guard Agency and Europol.
Amendment 16 #
2016/0132(COD)
(f) support the objectives ofsharing of information with the European Travel Information and Authorisation System (‘ETIAS’) established by Regulation (EU) 2018/1240;
Amendment 17 #
2016/0132(COD)
5. eu-LISA shall store the data referred to in paragraphs 1 to 4 of this Article, which shall not allow for the identification of individuals, for research and analysis purposes, thus enabling the authorities referred to in paragraph 3 of this Article to obtain customisable reports and statistics in the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/818.
Amendment 17 #
2016/0132(COD)
(g) support the objectives ofsharing of information with the Visa Information System (VIS) referred to in Regulation (EC) No 767/2008.;
Amendment 18 #
2016/0132(COD)
6. Access to the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/818 shall be granted to eu-LISA, to the Commission, to the [European Union Agency for Asylum] and to the authorities designated by each Member State in accordance with Article 28(2). Access may also be granted to authorised users of other relevant Justice and Home Affairs Agencies, in particular to the [European Union Agency for Asylum], to the European Border and Coast Guard Agency and to Europol, if such access is relevant for the implementation of their tasks.’;
Amendment 18 #
2016/0132(COD)
(ga) enable the production of statistics on persons seeking international protection, on persons arriving for the purposes of resettlement or humanitarian admission, and on persons granted and refused international protection in order to support evidence-based Union asylum and migration policy making.
Amendment 19 #
2016/0132(COD)
1. Each Member State shall take the biometric data of every applicant for international protection of at least six years of age during the screening as: (a) upon the registration of the application for international protection referred to in Article 27 of Regulation (EU) No XXX/XXX [ScreeningAsylum Procedure Regulation]; or, where the biometric data could not be taken during the screening or where the applicant was not subject to screening, upon the registration of the application for international protection referred to (b) upon the making of the application for international protection, where the application is made at a border crossing point or in a transit zone by a person who does not fulfil the entry conditions set out in Article 276 of Regulation (EU) No XXX/XXX [Asylum Procedure Regulation] and2016/399. Each Member State shall, as soon as possible andbut no later than 72 hours after the biometric data of the applicant for international protection have been taken, transmit them together with the data referred to in Article 12 (c) to (p) of this Regulation(1) to the Central System and to the CIR, as appropriate, in accordance with Article 4(2).
Amendment 19 #
2016/0132(COD)
2. Without prejudice to the processing of data intended for Eurodac by the Member State of origin in databases set up under the latter's national law, biometric data and other personal data may be processed in Eurodac only for the purposes set out in this Regulation, and in Regulations (EU) XXX/XXX [Regulation on Asylum and Migration Management] and in Regulation (EU) XXX/XXX [Resettlement Regulation] , (EU) XXX/XXX [Resettlement Regulation], (EU) 2019/818, (EU) XXX/XXX amending the [VIS Regulation] and (EU) 2018/1240.’;
Amendment 20 #
2016/0132(COD)
Amendment 20 #
2016/0132(COD)
2 a. This Regulation fully respects human dignity and the fundamental rights in full compliance with the Charter of Fundamental Rights of the European Union, including the right to respect for one’s private life, the right to the protection of personal data, the right to asylum, the right to non-refoulement, and the prohibition of torture, inhuman or degrading treatment. In that respect, the processing of personal data in accordance with this Regulation shall not lead to any kind of discrimination.
Amendment 21 #
2016/0132(COD)
3. Where requested by the Member State concerned, the biometric and alphanumeric data may also be taken and transmitted on behalf of that Member State by members of the European Border and Coast Guard Teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with Regulation (EU) 2019/1896 and Regulation (EU) XXX/XXX [EU Agency for Asylum Regulation].
Amendment 21 #
2016/0132(COD)
2 b. The best interests of the child shall be a primary consideration in the application of this Regulation. That includes implementing the relevant provisions and child rights safeguards when applying this Regulation to a person who declares that he or she is a child or, depending on the case, a person regarding whom there are reasons to believe that he or she is a child and for whom no supporting proof of age is available. In the event of uncertainty in relation to the age of the child, the authorities shall accord to that person the benefit of the doubt. In the event of uncertainty in relation to the age of a person who has declared that he or she is a child, the authorities shall accord the that person the benefit of the doubt. That means that if it is possible that that person is under 6 years old, the authorities shall treat that person as such.
Amendment 22 #
2016/0132(COD)
4 a. Where a third-country national or stateless person who has been found illegally staying in a Member State makes an application for international protection at the same time of or following the apprehension, that Member State shall not be exempted from the obligation to take and record the biometric data of that third-country national or stateless person in accordance with Article 14.
Amendment 22 #
2016/0132(COD)
2 c. Where the Eurodac data pertain to a child under the age of fourteen, those data shall only be used for law enforcement purposes, with the exception of purposes relating to child trafficking, where there is additional evidence that demonstrates that those data are relevant for the prevention, detection or investigation of terrorist offences or of other serious criminal offences.
Amendment 23 #
2016/0132(COD)
4 b. Where a third-country national or stateless person who has been apprehended in connection with the irregular crossing of an external border makes an application for international protection at the time of or following the apprehension, the apprehending Member State shall not be exempted from the obligation to take and record the biometric data of that third-country national or stateless person in accordance with Article 13.
Amendment 23 #
2016/0132(COD)
2 d. Children shall not be detained for the purpose of determining or verifying their identity or taking their biometric data independent of their age and whether they are unaccompanied or accompanied by their families. Community-based, non- custodial alternatives to detention shall be used where children and their families are concerned.
Amendment 24 #
2016/0132(COD)
4 c. In the cases referred to in paragraphs 4a and 4b of this Article, Member States shall reuse the biometric data taken under Articles 13 and 14 for transmission to the Central System and in the CIR pursuant to paragraph 1 of this Article.
Amendment 24 #
2016/0132(COD)
(-a) in paragraph 1, the following point is inserted: (a a) ‘resettled third-country national or stateless person’ means a third-country national or stateless person who, following a resettlement procedure in accordance with national law or with [Regulation (EU) XXX/XXX] [Resettlement Regulation], arrives on the territory of the Member State of resettlement;
Amendment 25 #
2016/0132(COD)
Only the following data shall be recorded in the Central System and in the CIR, as appropriate, in accordance with Article 4(2):
Amendment 25 #
2016/0132(COD)
(b p) “CIR” means the common identity repository as defined in Article 17 of Regulation (EU) 2019/818, which shall replace the Central System of Eurodac to the extent that it stores the personal data referred to in Article 18 of that Regulation;
Amendment 26 #
2016/0132(COD)
(o) the date on which the data were transmitted to the Central System and to the CIR, as appropriate;, in accordance with Article 4(2):
Amendment 26 #
2016/0132(COD)
(ra) “child” means every human being below the age of eighteen years as defined in the Convention on the Rights of the Child.
Amendment 27 #
2016/0132(COD)
Article 12 a Collection and transmission of fingerprints and facial image data 1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every resettled third-country national or stateless person of at least six years of age, upon their arrival on its territory, and shall transmit the fingerprints and facial image, together with the other data referred to in Article 10 of Regulation (EU) .../..., to the Central System. Non-compliance with the requirement to promptly take all the fingerprints and capture the facial image shall not relieve Member States of the obligation to take the fingerprints or capture the facial image and transmit them to the Central System. Where the condition of the fingertips does not allow the taking of the fingerprints of a quality ensuring appropriate comparison under Article 26, the Member State of resettlement shall retake the fingerprints of the applicant and resend them as soon as possible and no later than 48 hours after they have been successfully retaken. 2. By way of derogation from paragraph 1, where it is not possible to take the fingerprints, the facial image or both of a resettled third-country national or stateless person on account of measures taken to ensure his or her health or the protection of public health, Member States shall take and send such fingerprints, facial image or both as soon as possible and no later than 48 hours after those health grounds no longer prevail.
Amendment 27 #
2016/0132(COD)
(c) the common identity repository (CIR) as referred to in Article 17(2) of Regulation 2019/818, which shall replace the Central System to the extent that it stores the personal data referred to in Article 18 of that Regulation;
Amendment 28 #
2016/0132(COD)
Article 12 b Recording of data Only the following data shall be recorded in the Central System: (a) fingerprint data; (b) a facial image; (c) surname(s) and forename(s), name(s) at birth and previously used names and any aliases, which may be entered separately; (d) nationality(ies); (e) place and date of birth (f) Member State of resettlement, place and date of the registration; (g) sex; (h) where applicable, the type and number of identity or travel document; three letter code of the issuing country and validity; (i) reference number used by the Member State of origin; (j) date on which the fingerprints and/or facial image were taken; (k) date on which the data were transmitted to the Central System; (l) operator user ID.
Amendment 28 #
2016/0132(COD)
2. The CIR shall contain the personal data referred to in Article 12, points (a) to (f), (h) and (i), Article 13(2) (a) to (f), (h), and (i), Article 14(2) (a) to (f), (h) and (i) and Article 14a(a) to (f), (h) and (i). The remaining Eurodac data shall be stored in the Central System.
Amendment 29 #
2016/0132(COD)
Amendment 29 #
2016/0132(COD)
5. Data on persons covered by Articles 10(1), 13(1), 14(1) and 14a(1) which are processed in the Central System shall be processed on behalf of the Member State of origin under the conditions set out in this Regulation andin accordance with Regulation (EU) 2016/679, Regulation (EU) 2018/1725 or Directive (EU) 2016/680 as appropriate, and shall be separated by appropriate technical means.
Amendment 30 #
2016/0132(COD)
7. Where requested by the Member State concerned, the biometric and alphanumeric data may also be taken and transmitted on behalf of that Member State by members of the European Border and Coast Guard Teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with Regulation (EU) 2019/1896 and Regulation (EU) XXX/XXX [EU Agency for Asylum Regulation].
Amendment 30 #
2016/0132(COD)
6. All datasets registered in Eurodac corresponding to the same third country national or stateless person shall be linked in a sequence. Where a search is launched with the fingerprints in the dataset of a third-country national or stateless personn automatic comparison is carried out in accordance with Articles 15 and 16 and a hit is obtained against at least one other set of fingerprints and facial image data, or facial image data alone, in another dataset corresponding to that same third country national or stateless person, Eurodac shall automatically link those datasets on the basis of the fingerprints comparison. If necessary, the comparison of fingerprints shall be checked and confirmed by a fingerprint expert in accordance with Article 26comparison. However, its access from both the designated Member States authorities and the European Union authorized agencies shall be strictly regulated, in order to effectively safeguard a person’s right to privacy and to data protection. Hence, such access shall, namely, be limited in time and restricted to the data relevant for the very specific performance of their tasks. Moreover, in the event of any doubt, an expert shall check, in accordance with Article 26(4) and (5), the result of an automatic comparison carried out in accordance with Articles 15 and 16. Where a dataset registered in Eurodac is deleted, the existence of a link to that dataset shall also be deleted automatically. When the receiving Member State confirms the hit, it shall send a notification to eu-LISA that will confirm the linking.
Amendment 31 #
2016/0132(COD)
2. The Member State concerned shall, as soon as possible and no later than 72- hours after the third-country national or the stateless person has been found to be illegally staying, transmit to the Central System and to the CIR, as appropriate, in accordance with Article 4(2) the following data in relation to any third- country national or stateless person, as referred to in paragraph 1:
Amendment 31 #
2016/0132(COD)
1. The rules governing Eurodac shall also apply to operations carried out by the Member States as from the transmission of data to the Central System or the CIR until use is made of the results of the comparison.’;
Amendment 32 #
2016/0132(COD)
Proposal for a regulation
Point 19 – Chapter IV a
Point 19 – Chapter IV a
Amendment 32 #
2016/0132(COD)
Amendment 33 #
2016/0132(COD)
1 a. For the purposes laid down in Article 12a, each set of data relating to a resettled third-country national or stateless person shall be kept in the Central System for five years from the date on which the fingerprints were taken.
Amendment 33 #
2016/0132(COD)
1. From [the date of application of this Regulation], the Central System of EurodacEurodac component of the CIR shall be connected to the European search portal referred to in Article 6 of Regulation (EU) 2019/818 in order to enable the automated processing referred to in Article 11 of Regulation (EU) 2018/1240.
Amendment 34 #
2016/0132(COD)
4. Upon expiry of the data storage periods referred to in paragraphs (1) to (3a) of this Article, the data of the data-subjects shall be automatically deleted from the Central System and from the CIR as appropriate.;
Amendment 34 #
2016/0132(COD)
2. The automated processing referred to in Article 1120 of Regulation (EU) 2018/1240 shall enable the verifications provided for in Article 20 and the subsequent verifications of Articles 22 and 26 of that Regulation. For the purpose of carrying out the verifications referred to in Article 20(2)(k) of Regulation (EU) 2018/1240, the ETIAS Central System shall use the European search portal, to compare the data in ETIAS with the data in Eurodac collected on the basis of Articles 12, 13, 14 and 14a of this Regulation in a read-only format, corresponding to individuals having left or having been removed from the territory of the Member States in compliance with a return decision or removal order and using the correspondences listed in the table in Annex II of this Regulation. The verifications shall be without prejudice to the specific rules provided for in Article 24(3) of Regulation (EU) 2018/1240.
Amendment 35 #
2016/0132(COD)
Marking and blocking of data
Amendment 35 #
2016/0132(COD)
2. For the purposes of Article 1(1)(f), tThe ETIAS National Units, shall have temporary access to and may consult the Eurodac, in a read-only format, for the purpose of examining applications for travel authorisation. In particular, the ETIAS National Units may consult the data referred to in Articles 12, 13, 14 and 14a.
Amendment 36 #
2016/0132(COD)
1. For the purposes laid down in Article 1(1)(a), the Member State of origin which granted international protection to a person whose data were previously recorded in the Central System and in the CIR, as appropriate, in accordance with Article 4(2) pursuant to Article 12 shall mark the relevant data in conformity with the requirements for electronic communication with the Central System established by eu-LISA. That mark shall be stored in the Central System in accordance with Article 17(1) for the purpose of transmission under Article 15 and 16. The Central System shall, as soon as possible and no later than 72 hours, inform all Member States of origin of the marking of data by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 10(1), 13(1), 14(1), or 14a(1)., Those Member States of origin shall also mark the corresponding data sets.
Amendment 36 #
2016/0132(COD)
For the purpose of manually verifying hits triggered by the automated queries carried out by the Visa Information System in accordance with Articles [9a and 9c] of Regulation (EC) No 767/2008 and examining and deciding on visa applications in accordance with Article 21 of Regulation (EC) No 810/2009 of the European Parliament and of the Council 1, the competent visa authorities shall have temporary access to Eurodac to consult data in a read- only format. ______________ 1 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1–58
Amendment 37 #
2016/0132(COD)
2. The data of beneficiaries of international protection stored in the Central System and in the CIR, as appropriate, in accordance with Article 4(2) and marked pursuant to paragraph 1 of this Article shall be made available for comparison for the purposes laid down in Article 1(1)(d) until such data is automatically erased from the Central System and from the CIR as appropriate in accordance with Article 17(4).
Amendment 37 #
2016/0132(COD)
Amendment 38 #
2016/0132(COD)
From the [date of application of the Regulation (EU) XXX/XXX amending the VIS Regulation], as provided for in Article [9] of that Regulation, Eurodac shall be connected to the European search portal referred to in Article 6 of Regulation (EU) 2019/817 in order to enable the automated processing referred to in Article [9a] of Regulation (EC) No 767/2008 in orderand therefore to query Eurodac and compare the relevant data in the Visa Information System with the relevant data in Eurodac. The verifications shall be without prejudice to the specific rules provided for in Article 9(b) of Regulation 767/2008.’;
Amendment 39 #
2016/0132(COD)
1. eu-LISA shall draw up statistics on the work of the Central System and the CIR every month indicating in particular:
Amendment 40 #
2016/0132(COD)
(b) the number of rejected applicants resulting from the linking process referred to in Article 4(6) and pursuant to Article 12(zax);
Amendment 41 #
2016/0132(COD)
(c) the number of data sets transmitted on persons referred to in Articles 10(1), 13(1), and 14 in so far as such persons are not covered by the datasets referred to in Article 10(1), and 14a(1) ;
Amendment 42 #
2016/0132(COD)
Amendment 43 #
2016/0132(COD)
(iv a) who have been granted international protection in a Member State;
Amendment 44 #
2016/0132(COD)
(iv b) who were minors at the time the dataset was registered in Eurodac;
Amendment 45 #
2016/0132(COD)
Amendment 46 #
2016/0132(COD)
(iv a) who have been granted international protection in a Member State;
Amendment 47 #
2016/0132(COD)
(iv b) who were minors at the time the dataset was registered in Eurodac;
Amendment 48 #
2016/0132(COD)
Amendment 49 #
2016/0132(COD)
(iv a) who have been granted international protection in a Member State;
Amendment 50 #
2016/0132(COD)
(iv b) who were minors at the time the dataset was registered in Eurodac;
Amendment 51 #
2016/0132(COD)
(iv a) who have been granted international protection in a Member State;
Amendment 52 #
2016/0132(COD)
(iv b) who were minors at the time the dataset was registered in Eurodac;
Amendment 53 #
2016/0132(COD)
(m) the number of requests made for persons referred to inin accordance with Article 31;
Amendment 54 #
2016/0132(COD)
2. The monthly statistical data for persons referred to in paragraph 1(a) to (n) shall be published each month. At the end of each year, the yearly statistical data for persons referred to in paragraph 1(a) to (n) shall be published by eu-LISA. The statistical data shall be broken down by Member State. The statistical data for persons referred to in paragraph 1 (c) shall, where possible, be broken down by year of birth and sex. All data concerning persons shall be anonymised and the production of statistical data shall be conditional upon provisions on the possible rectification of incorrect data.
Amendment 55 #
2016/0132(COD)
3. For the purpose of supporting the objective referred to in Article 1(c) and Article 1(h), eu- LISA shall produce monthly cross-system statistics. Those statistics shall not allow for the identification of individuals and will use data from Eurodac, the Visa Information System, ETIAS, and the Entry/Exit System.
Amendment 56 #
2016/0132(COD)
These statistics shall be made available to the Commission, to the European Parliament, to Member States and to the relevant Union agencies, in particular the [European Union Agency for Asylum], to the European Border and Coast Guard Agency and to the Member StatesEuropol. The Commission shall, by means of implementing acts, specify the content of the monthly cross-system statistics. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41a(2). Cross-system statistics shall not be used in connection with individuals, shall not allow for the identification of individuals and shall not be used to deny access to the territory of the Union.
Amendment 57 #
2016/0132(COD)
4. At the request of the Commission, eu-LISA shall provide it with statistics on specific aspects related to the application of this Regulation as well as the statistics pursuant to paragraph 1 and shall, upon request, make them available to a Member State and to the [European Union Agency for Asylum], to the European Parliament and to the relevant Union agencies, in particular the [European Union Agency for Asylum], the European Border and Coast Guard Agency and Europol.
Amendment 58 #
2016/0132(COD)
5. eu-LISA shall store for no longer than five years the data referred to in paragraphs 1 to 4 of this Article, which shall not, under any circumstance, allow for the identification of individuals, for research and analysis purposes, thus enabling the authorities referred to in paragraph 3 of this Article to obtain customisable reports and statistics in the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/818.
Amendment 59 #
2016/0132(COD)
6. Access to the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/818 shall be granted to eu-LISA, to the Commission, to the [European Union Agency for Asylum] and to the authorities designated by each Member State in accordance with Article 28(2). Access may also be granted to authorised users of other relevant Justice and Home Affairs AgenciesUnion agencies, in particular to the [European Union Agency for Asylum], to the European Border and Coast Guard Agency and to Europol, if such access is relevant for the implementation of their tasks.’;
Amendment 60 #
2016/0132(COD)
6 a. To ensure the accuracy of data collected and the quality of statistics produced, the production of statistical data shall be accompanied by strict rules requiring Member States to rectify incorrect data within specified deadlines.
Amendment 61 #
2016/0132(COD)
1. Each Member State shall, in a protection-sensitive manner take the biometric data of every applicant for international protection of at least six years of age during the screening as: (a) upon the registration of the application for international protection referred to in Article 27 of Regulation (EU) No XXX/XXX [Screening Regulation] or, where the biometric data could not be taken during the screening or where the applicant was not subject to screening, upon the registration of the application for international protection referred toAsylum Procedure Regulation]; (b) upon the making of the application for international protection, where the application is made at a border crossing point or in a transit zone by a person who does not fulfil the entry conditions set out in Article 276 of Regulation (EU) No XXX/XXX [Asylum Procedure Regulation] and2016/399. Each Member State shall, as soon as possible andbut no later than 72 hours after the biometric data of the applicant for international protection have been taken, transmit them together with the data referred to in Article 12 (c(1) to (p) of this Regulation to the Central System and to the CIR, as appropriate, in accordance with Article 4(2).
Amendment 62 #
2016/0132(COD)
3. Where requested by the Member State concerned, the biometric and alphanumeric data may also be taken and transmitted on behalf of that Member State by specifically trained members of the European Border and Coast Guard Teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with Regulation (EU) 2019/1896 and Regulation (EU) XXX/XXX [EU Agency for Asylum Regulation].
Amendment 63 #
2016/0132(COD)
4. Each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in Article 4(6).’ and respecting the limitations established therein;
Amendment 64 #
2016/0132(COD)
4a. The biometric data of minors from the age of six shall be taken by officials trained specifically to take a minor's biometric data in a child-friendly and child-sensitive manner and in full respect of the best interests of the child and the safeguards laid down in the United Nations Convention on the Rights of the Child. The minor shall be accompanied by, where present, an adult family member while his or her biometric data are taken. An unaccompanied minor shall be accompanied by a guardian, representative or, where a representative has not been designated, a person trained to safeguard the best interests of the minor and his or her general wellbeing, while his or her biometric data are taken. Such a trained person shall not be the official responsible for taking the biometric data, shall act independently and shall not receive orders either from the official or the service responsible for taking the biometric data.
Amendment 65 #
2016/0132(COD)
Only the following data shall be recorded in the Central System andor in the CIR, as appropriate, in accordance with Article 4(2):
Amendment 66 #
2016/0132(COD)
(o) the date on which the data were transmitted to the Central System and to the CIR, as appropriate;, in accordance with Article 4(2):
Amendment 67 #
2016/0132(COD)
(v) the fact that the person could pose a threat to internal security following the screening referred to in Regulation (EU) No XXX/XXX [Screening Regulation] or following an examination pursuant Article 8(4) of Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management];
Amendment 68 #
2016/0132(COD)
3. The Member State of origin which concluded that the threat to internal security identified following an examination pursuant to Article 8(4) of Regulation (EU) XXX/XXX (Regulation on Asylum and Migration Management) no longer applies shall delete the security flag from the dataset. The Central System shall, as soon as possible and no later than 72 hours after the deletion of the security flag by another Member State of origin having produced a hit with data which they transmitted relating to persons as referred to in Articles 13(1), 14(1) or 14a(1), inform all Member States of origin of that deletion. Those Member States of origin shall also delete the security flag in the corresponding dataset.
Amendment 69 #
2016/0132(COD)
Amendment 70 #
2016/0132(COD)
Amendment 71 #
2016/0132(COD)
1. Each Member State shall, in a protection-sensitive manner promptly take the biometric data of every third- country national or stateless person of at least six years of age who is apprehended by the competent control authorities in connection with the irregular crossing by land, sea or air of the border of that Member State having come from a third country and who is not turned back or who remains physically on the territory of the Member States and who is not kept in custody, confinement or detention during the entirety of the period between apprehension and removal on the basis of the decision to turn him or her back.
Amendment 72 #
2016/0132(COD)
2. The Member State concerned shall, as soon as possible and no later than 72 hours after the date of apprehension, transmit to the Central System andor to the CIR, as appropriate, in accordance with Article 4(2) the following data in relation to any third-country national or stateless person, as referred to in paragraph 1, who is not turned back:
Amendment 73 #
2016/0132(COD)
Amendment 74 #
2016/0132(COD)
7. Where requested by the Member State concerned, the biometric and alphanumeric data may also be taken and transmitted on behalf of that Member State by members of the European Border and Coast Guard Teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with Regulation (EU) 2019/1896 and Regulation (EU) XXX/XXX [EU Agency for Asylum Regulation].
Amendment 75 #
2016/0132(COD)
8. Each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in Article 4(6), and respecting the limitations established therein.
Amendment 76 #
2016/0132(COD)
1. Each Member State shall, in a protection-sensitive manner, promptly take the biometric data of every third- country national or stateless person of at least six years of age who is illegally staying within its territory.
Amendment 77 #
2016/0132(COD)
2. The Member State concerned shall, as soon as possible and no later than 72- hours after the third-country national or the stateless person has been found to be illegally staying, transmit to the Central System and to the CIR, as appropriate, in accordance with Article 4(2) the following data in relation to any third- country national or stateless person, as referred to in paragraph 1:
Amendment 78 #
2016/0132(COD)
Amendment 79 #
2016/0132(COD)
6. Each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in Article 4(6), and respecting the limitations established therein.
Amendment 80 #
2016/0132(COD)
Proposal for a regulation
Point 19 – Chapter IV a
Point 19 – Chapter IV a
Amendment 81 #
2016/0132(COD)
1. As soon as the Member State of relocation is obliged to relocate the person concerdetermined pursuant to Article 57(7) of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management], the benefiting Member State shall update its data set recorded pursuant to Articles 12, 13, 14 or 14a 3of this Regulation relating to the person concerned by adding the Member State of relocation.
Amendment 82 #
2016/0132(COD)
1 a. For the purposes laid down in Article 12a, each set of data relating to a resettled third-country national or stateless person shall be kept in the Central System for five years from the date on which the biometric data were taken.
Amendment 83 #
2016/0132(COD)
4. Upon expiry of the data storage periods referred to in paragraphs (1) to (3a) of this Article, the data of the data-subjects shall be automatically deleted from the Central System and from the CIR as appropriate.;
Amendment 84 #
2016/0132(COD)
Marking and blocking of data
Amendment 85 #
2016/0132(COD)
1. For the purposes laid down in Article 1(1)(a) and 1(1)(b), the Member State of origin which granted international protection to a person whose data were previously recorded in the Central System and in the CIR as appropriate pursuant to Article 12 or 12a shall mark the relevant data in conformity with the requirements for electronic communication with the Central System established by eu-LISA. That mark shall be stored in the Central System in accordance with Article 17(1) and 17(1a) for the purpose of transmission under Article 15 and 16. The Central System shall, as soon as possible and no later than 72 hours, inform all Member States of origin of the marking of data by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 10(1), 12(b), 13(1), 14(1), or 14a(1). Those Member States of origin shall also mark the corresponding data sets.
Amendment 86 #
2016/0132(COD)
2. The data of beneficiaries of international protection stored in the Central System and in the CIR, as appropriate, in accordance with Article 4(2) and marked pursuant to paragraph 1 of this Article shall be made available for comparison for the purposes laid down in Article 1(1)(d) until such data is automatically erased from the Central System and from the CIR as appropriate in accordance with Article 17(4).
Amendment 87 #
2016/0132(COD)
4. For the purposes laid down in Article 1(1)(a) and (c), the Member State of origin which issued a residence document to an illegalrregularly staying third- country national or stateless person whose data were previously recorded in the Central System and in the CIR as appropriate pursuant to Article 13 (2) and 14(2) or to a third-country national or stateless person disembarked following a search and rescue operation whose data were previously recorded in the Central System and in the CIR as appropriate pursuant to Article 14a(2) shall mark the relevant data in conformity with the requirements for electronic communication with the Central System established by eu- LISA. That mark shall be stored in the Central System in accordance with Article 17(2), (3) and (3a) for the purpose of transmission under Article 15 and 16. The Central System shall, as soon as possible and no later than 72-hours, inform all Member States of origin of the marking of data by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Articles 10(1), 13(1), 14(1), or 14a3(1). Those Member States of origin shall also mark the corresponding data sets.
Amendment 88 #
2016/0132(COD)
5. The data of illegalrregularly staying third- country nationals or stateless persons stored in the Central System and in the CIR and marked pursuant to paragraph 4 of this Article shall be made available for comparison for the purposes laid down in Article 1(1)(d) until such data is automatically erased from the Central System and from the CIR in accordance with Article 17 (4).
Amendment 89 #
2016/0132(COD)
3a. Access for the purposes of consulting the Eurodac data stored in the CIR shall be granted to the duly authorised staff of the competent national authorities of each Member State and to the duly authorised staff of the Union bodies competent for the purposes laid down in Articles 20 and 21 of Regulation (EU) 2019/818. That access shall be limited to the extent necessary for the performance of the tasks of those national authorities and Union bodies in accordance with those purposes and shall be proportionate to the objectives pursued.;
Amendment 90 #
2016/0132(COD)
Amendment 91 #
2016/0132(COD)
4. For the purposes laid down in Article 1(1)(a) and (c), the Member State of origin which issued a residence document to an illegalrregularly staying third- country national or stateless person whose data were previously recorded in the Central System and in the CIR as appropriate pursuant to Article 13 (2) and 14(2) or to a third-country national or stateless person disembarked following a search and rescue operation whose data were previously recorded in the Central System and in the CIR as appropriate pursuant to Article 14a(2) shall mark the relevant data in conformity with the requirements for electronic communication with the Central System established by eu- LISA. That mark shall be stored in the Central System in accordance with Article 17(2), (3) and (3a) for the purpose of transmission under Article 15 and 16. The Central System shall, as soon as possible and no later than 72-hours, inform all Member States of origin of the marking of data by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Articles 10(1), 13(1), 14(1), or 14a(1). Those Member States of origin shall also mark the corresponding data sets.
Amendment 92 #
2016/0132(COD)
5. The data of illegalrregularly staying third- country nationals or stateless persons stored in the Central System and in the CIR and marked pursuant to paragraph 4 of this Article shall be made available for comparison for the purposes laid down in Article 1(1)(d) until such data is automatically erased from the Central System and from the CIR in accordance with Article 17 (4).
Amendment 93 #
2016/0132(COD)
Proposal for a regulation
Point 19 – Chapter IV a
Point 19 – Chapter IV a
Amendment 94 #
2016/0132(COD)
3a. Access for the purposes of consulting the Eurodac data stored in the CIR shall be granted to the duly authorised staff of the competent national authorities of each Member State and to the duly authorised staff of the Union bodies competent for the purposes laid down in Articles 20 and 21 of Regulation (EU) 2019/818. That access shall be limited to the extent necessary for the performance of the tasks of those national authorities and Union bodies in accordance with those purposes and shall be proportionate to the objectives pursued.;
Amendment 95 #
2016/0132(COD)
Amendment 1 #
2016/0062B(NLE)
Draft legislative resolution
Citation 10 (new)
Citation 10 (new)
- having regard to Article 5 TEU, in particular with regard to the principle of subsidiarity, under which the Union shall act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level;
Amendment 2 #
2016/0062B(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
Amendment 1 #
2016/0062A(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. GDoes not gives its consent to the conclusion of the Convention;
Amendment 2 #
2016/0062A(NLE)
Draft legislative resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. The conclusion of the Convention on behalf of the Union with regard to institutions and public administration of the Union does not proceed as its ratification is pending in some Member States;