1885 Amendments of Diana RIBA I GINER
Amendment 3 #
2023/2113(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (the Common Provisions Regulation),
Amendment 6 #
2023/2113(INI)
Motion for a resolution
Citation 12
Citation 12
– having regard to the Memorandum of Understanding between the Council of Europe and the European Union of 23 May 2007 and the Council conclusions of 8 Jul30 January 20203 on EU priorities for cooperation with the Council of Europe 20203-20224,
Amendment 29 #
2023/2113(INI)
Motion for a resolution
Citation 32
Citation 32
– having regard to its resolution of 15 Sept1 December 20223 on the situation of fundamental rights in the European Union in 20202 and 202120 , __________________ 20 Texts adopted, P9_TA(2022)0325.3
Amendment 32 #
2023/2113(INI)
Motion for a resolution
Citation 37 a (new)
Citation 37 a (new)
– having regard to its resolution of 16 September 2021 with recommendations to the Commission on identifying gender- based violence as a new area of crime listed in Article 83(1) TFEU 1a __________________ 1a Texts adopted, P9_TA(2021)0388
Amendment 33 #
2023/2113(INI)
Motion for a resolution
Citation 37 b (new)
Citation 37 b (new)
– having regard to its resolution of 1 June 2023 on the breaches of the Rule of Law and fundamental rights in Hungary and frozen EU funds,
Amendment 34 #
2023/2113(INI)
Motion for a resolution
Citation 37 c (new)
Citation 37 c (new)
– having regard to its resolution of 11 July 2023 on the electoral law, the investigative committee and the rule of law in Poland,
Amendment 35 #
2023/2113(INI)
Motion for a resolution
Citation 37 d (new)
Citation 37 d (new)
– having regard to its resolution of 19 October 2023 on the rule of law in Malta: six years after the assassination of Daphne Caruana Galizia, and the need to protect journalists,
Amendment 37 #
2023/2113(INI)
Motion for a resolution
Citation 39 a (new)
Citation 39 a (new)
– having regard to its resolution of 13 November 2018 on minimum standards for minorities in the EU (2018/2036(INI),
Amendment 38 #
2023/2113(INI)
Motion for a resolution
Citation 39 b (new)
Citation 39 b (new)
– having regard to the Resolution 2262 (2019) of the Parliamentary Assembly of the Council of Europe (PACE) with respect to the promotion of the rights of persons belonging to national minorities,
Amendment 39 #
2023/2113(INI)
Motion for a resolution
Citation 39 c (new)
Citation 39 c (new)
– having regard to its resolution on the European Citizens’ Initiative “Minority SafePack – one million signatures for diversity in Europe”,
Amendment 40 #
2023/2113(INI)
Motion for a resolution
Citation 39 d (new)
Citation 39 d (new)
– having regard to the recommendations and reports of the Office for Democratic Institutions and Human Rights, the High Commissioner on National Minorities, the Representative on Freedom of the Media and other bodies of the Organization for Security and Co-operation in Europe (OSCE) and to the cooperation between the European Union and the OSCE with respect to emocratization, institution- building and human rights and to the annual OSCE Hate Crimes Report in which Participating States have committed themselves to pass legislation that provides for penalties that take into account the gravity of hate crime, to take action to address under-reporting, and to introduce or further develop capacity- building activities for law enforcement, prosecution and judicial officials to prevent, investigate and prosecute hate crimes,
Amendment 61 #
2023/2113(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the Commission finds wide disparities between EU Member States in terms of judicial independence and safeguards; notes that the report mentions a number of positive initiatives and ongoing developments concerning the Councils of the Judiciary, notably in Luxembourg, the Netherlands, Portugal, Italy, Sweden, Finland and Hungary; highlights, however, that an independent assessment shows that of the four ‘super milestones’ related to the independence of the judiciary in Hungary only one can be considered fully implemented;28 notes that the Commission finds that concerns on the Councils for the Judiciary still have to be addressed in Poland, Slovakia, Bulgaria, Spain and Cyprus; notes with concern that disciplinary proceedings may be used as a means to curtail judicial independence, as is the case in Poland and Bulgaria; notes that the Commission has, finally, referred Poland to the Court of Justice of the European Union (CJEU) for violations of EU law by its Constitutional Tribunal; __________________ 28 Hungarian Helsinki Committee, Updated summary assessment on Hungary’s compliance with the four super milestones aimed at restoring the independence of the judiciary, 9Fundamental deficiencies of the Hungarian judicial reform, 31 October 2023.
Amendment 87 #
2023/2113(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that Member State government and EU officials and politicians should set an example by refraining from any corrupt practices and that there should be no government or political interference in corruption investigations; points out that EU officialmembers of EU institutions as well may be involved in corruption, as demonstrated by ‘Qatargate’, therefore reiterates its demand for the annual report to also cover the EU institutions;
Amendment 100 #
2023/2113(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that corruption may involve national authorities, including judicial and police authorities, who are the very authorities who are supposed to be combating it; considers that EU bodies, such as Europol, could playhave an important role to play in investigating corruption and securing evidence, but in corruption cases of the kind described above; notes that the requirement for national approval of Europol involvement iscan be an obstacle; calls for the reinforcement of to investigate corruption cases involving judicial and police authorities; stresses, however, the importance theat Europol mandate to enable it to investigate corruption cases of the kind described above; does not receive additional competences until operational oversight at EU level is guaranteed, an EU independent accountability mechanism is established, and democratic scrutiny of Europol’s activities is ensured, including a systematic evaluation of all the activities of the agency and compliance with its mandate, as well as biding recommendations issued by the European Parliament to the agency;
Amendment 124 #
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 Romaniaencourages the European institutions to adopt a robust and ambitious Media Freedom Act to ensure the harmonisation of transparency of media ownership legislation at EU level;
Amendment 125 #
2023/2113(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. 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;
Amendment 126 #
2023/2113(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls on the Commission to take all the necessary measures to ensure the effective implementation of article 30 of the Audiovisual Media Services Directive.
Amendment 128 #
2023/2113(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the importance of editorial independence and the needi torial independence of establish safeguards against internal and external interferences; considers that when it comes to public service media and the duty of all Member States to respect this;, they should be shielded against political pressures, including undue dismissals, and that safeguards should be put in place to guarantee that editorial decisions can be taken freely.
Amendment 138 #
2023/2113(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that independent journalism is a vital element of the democratic rule of law as part of the essential checks and balances and an element of public scrutiny; expresses its concerns at the deliberate attempts of several governments and economic powers to silence journalists who are exposing wrongdoing; stresses that unwarranted interference and pressure, fear and self-censorship has a chilling effect on the exercise of journalistic freedom of expression;
Amendment 146 #
2023/2113(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for the EU institutions to reach a swift agreement on an ambitious anti-SLAPP directive; calls on the Commission to explore the possibility of further legislation to cover all SLAPP cases, including domestic cases;
Amendment 149 #
2023/2113(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Condemns the illegal surveillance of journalists, in particular by means of spyware; is dismayed at the Commission's refusal to implement all the recommendations of the Pegasus Special Inquiry Committee and considers it a failure to act; reminds of its call on the Commission to assess the fulfilment of specific conditions for Cyprus, Greece, Hungary, Poland and Spain stated in the Recommendation by 30 November 2023; points out that in none of the many hundreds of cases of abuse of spyware against journalists, activists, politicians, lawyers and other political targets, has justice been served; concludes therefore that, contrary to the Commission's assumption, many national authorities are neither willing nor able to address the matter, leaving the victims without effective remedy and democracy unprotected; is deeply concerned at the chilling effect of the impunity of spyware abuse on journalists and their sources;
Amendment 176 #
2023/2113(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to further invest, through dedicated funding, in building capacity for CSOs to monitor and report on the rule of law situation in the Member States, and to ensure adequate protection to CSOs engaging in this process; welcomes the Commission proposal for a Directive on European cross-border associations and commits to prioritise its adoption;
Amendment 181 #
2023/2113(INI)
Motion for a resolution
Subheading 8
Subheading 8
Amendment 184 #
2023/2113(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Notes that democratic and rule of law backsliding and the undermining of minority rights often go hand in hand, once more underlining the need for a comprehensive approach to monitoring democracy, rule of law and fundamental rights (DRF) in the future reports; regrets the lack of progress on protecting minorities across the EU; condemns hate speech, including by government or political officials, against minority groups; stresses of the necessity to fight against all types of discrimination, hate speech and crimes specifically targeting minority groups and members of national, ethnic, linguistic and religious minorities;
Amendment 198 #
2023/2113(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Stresses that gender-based violence, both online and offline, is a particularly serious crime and a widespread violation of fundamental rights and freedoms in the Union which needs to be addressed with greater efficiency and determination on a common basis; stresses that gender-based violence is the result of societal and systemic structural gender inequalities that have a cross-border dimension; points, in particular, to the growing anti- gender, anti-LGBTIQ+ and anti-feminist movements, which are well organised and have a cross-border nature; considers in addition that the cross-border dimension of gender-based cyber violence and the great individual, economic and societal impact of gender-based violence across all Member States reaffirm the need to combat gender-based violence in its multiple dimensions on a common Union basis;
Amendment 201 #
2023/2113(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Stresses that the special need to combat violence against women and girls and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions, including a common definition of gender-based violence, as well as minimum rules concerning key issues of prevention, underreporting, victim protection, support and reparation, and the prosecution of perpetrators; underlines that the approaches and levels of commitment of Member States to prevent and combat gender-based violence vary significantly and, therefore, that a common basis approach would also contribute to law enforcement in cross-border operations;
Amendment 203 #
2023/2113(INI)
Motion for a resolution
Paragraph 28 c (new)
Paragraph 28 c (new)
28c. Requests that the Commission submit, on the basis of Article 83(1), third subparagraph, TFEU, a proposal for a Council decision identifying gender-based violence as a new area of crime that meets the criteria specified in that Article, following the recommendations set out in the Annex hereto and requests the Commission to use that new area of crime as a legal basis for a holistic and victim- centred directive of the European Parliament and of the Council to prevent and combat all forms of gender-based violence, both online and offline;
Amendment 205 #
2023/2113(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to include a specific new pillar on the protection of all minorities including national, ethnic, linguistic and religious minorities in the next report, mapping all forms of xenophobia, racism, antisemitism, islamophobia, anti-gypsyism, hate speech and discriminations, and LGBTIQ-phobia across all Member States;
Amendment 207 #
2023/2113(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Expresses its disappointment at the Commission’s slowness to address non- compliance with fundamental rights laws and case law by Member States; rejects the Commission’s interpretation that the refusal of national authorities to comply with Court of Justice of the European Union (CJEU) and European Court of Human Rights (ECtHR) rulings in fundamental rights cases are to be considered ‘individual cases’ and not to be addressed by infringement procedures; urges the Commission, as the guardian of the Treaties, to meet its responsibility for the enforcement of EU human rights law, and not to rely on ‘private enforcement’; recommends the Commission, in particular, to use actions regarding non- implementation of CJEU judgments under Article 260(2) TFEU and the Rule of Law Conditionality Regulation in cases of non-compliance;
Amendment 227 #
2023/2113(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Strongly regrets the fact that the Commission is not taking stronger action to enforce EU law; calls therefore on the Commission to step up the number of new infringement procedures and to push forward existing infringement procedures with more audacity and urgency; calls on the Commission to recourse systemically to expedited procedures and applications for interim measures before CJEU; calls on the Commission not to use ‘dialogue’ with Member States or the ‘pilot’ procedure as an open-ended means to avoid launching actual infringement procedures; calls on the Commission to revise its policy – which has no basis in the Treaties – not to use infringement actions for ‘individual’ cases, as this policy has led to serious deprivation of rights for citizens across the EU, especially where their own governments are refusing to comply with EU law or CJEU judgments, as most of these cases are not individual but address strategic and fundamental issues;
Amendment 232 #
2023/2113(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Notes the persistent problem of the incomplete implementation of European Court of Human Rights (ECtHR) judgments, noting the recent decisions of the Council of Europe’s Committee of Ministers[1]; welcomes the inclusion of the systemic indicators on the implementation of ECtHR leading judgments in the rule of law report since its 2022 edition; calls on the Commission, however, to set up a scoreboard dedicated to monitoring the implementation of each and every CJEU and ECtHR judgment relating to democracy, the rule of law and fundamental rights, and to fully integrate it into the annual rule of law report; calls on the Member States to implement pending judgments without delay, and calls on the Commission to assess the consequences for the compliance with EU law and to take infringement action where needed; calls on the Commission to analyse implementation of the views by UN Treaty Bodies in individual cases;
Amendment 237 #
2023/2113(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 243 #
2023/2113(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Is concerned that the Commission, in its effort to be factual and even-handed, sometimes ends up being too diplomatic and imprecise when identifying rule of law problems in Member States; regrets that the use of euphemistic language and the artificially equal number of conclusions and recommendations per Member State conceals the very real differences between Member States; reiterates the recommendation to differentiate between systemic and individual breaches, to avoid the risk of trivialising the most serious breaches of the rule of law; calls on the Commission to make clear that when the Article 2 TEU values are systematically, deliberately, gravely and permanently violated over a period of time, Member States could fail to meet all criteria that define a democracy; believes that the assessment of the fulfilment of the recommendations should be more precise and qualitative, not relying only on legislative changes but also on real and independent evidence of their implementation in practice; reiterates the need to set out a timeline, targets and concrete actions for the implementation of the recommendations and to detail the possible consequences in the event of non-compliance; notes the sometimes stark differences between the summaries of country chapters and the in- depth content of the chapters themselves, suggesting an editorial intervention;
Amendment 248 #
2023/2113(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Reaffirms that many of these challenges could be overcome by involving an independent panel of experts in the drafting of the report, as they would be less bound by diplomatic considerations; calls on the Commission to reconsider its position on this point and to explore all possibilities to involve independent experts in subsequent editions of the rule of law report; repeats its call on the Commission to invite the FRA to provide methodological advice and conduct comparative research to add detail in key areas of the annual report, given the intrinsic links between fundamental rights and the rule of law;
Amendment 258 #
2023/2113(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Takes note of the Council’s ongoing evaluation of its rule of law dialogue and the Council’s stated position that it will consider further possible interinstitutional cooperation in that context; calls on the Council to make its rule of law dialogue more inclusive, by inviting other institutions and stakeholders to its sessions, in particular Council of Europe bodies such as the Venice Commission, Human Rights Commissioner, as well as representatives of the European Parliament;
Amendment 263 #
2023/2113(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Regrets that the Commission and the Council have so far rejected Parliament's offer to enter into an interinstitutional agreement on democracy, the rule of law and fundamental rights; reaffirms its willingness to resume talks on this agreement;
Amendment 266 #
2023/2113(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Asks its Bureau, in light of the reluctance of the Commission and the Council, to organise a public procurement procedure in order to create a temporary panel of independent experts under the auspices of Parliament, in line with the commitment undertaken in its previous resolutions, in order to advise Parliament on compliance with Article 2 TEU values in different Member States and to show by example how such a panel could work in practice;
Amendment 275 #
2023/2113(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Calls on the Commission to include, strictly monitor and safeguard the DRF conditions in all budgetary instruments and processes; calls on the Commission in this regard not to unblock any cohesion funds for Hungary unless all enabling conditions have been fully met and the judiciary in that Member State can be considered fully independent on paper and in practice; calls on the Commission and the Council to apply the Rule of Law Conditionality Regulation further and without delay where needed, and not to lift the measures adopted in the case of Hungary until all the milestpreconditiones have been effectively fulfilled; calls on the Commission to rigorously verify that the rule of law related milestones in the various Member State recovery and resilience plans are fulfilled as a condition for disbursing funding when Member States make payment requests; calls on the Commission to assign the primary responsibility for the application of these conditions to the Commissioners responsible for the rule of law;
Amendment 1 #
2023/2082(INI)
Motion for a resolution
Citation 3
Citation 3
– having regard to the European Convention on Human Rights (ECHR) and the related case-law of the European Court of Human Rights (ECtHR),
Amendment 3 #
2023/2082(INI)
Motion for a resolution
Citation 6
Citation 6
– having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘the Istanbul Convention’), which was ratified by the European Union on 28 June 2023,
Amendment 23 #
2023/2082(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the growth of anti-rights rhetoric has contributed to creating a hostile environment for LGBTIQ+ persons and those advocating LGBTIQ+ rights;
Amendment 38 #
2023/2082(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Regrets the factDeplores that the horizontal anti- discrimination directive has been blocked in the Council since 2008;
Amendment 42 #
2023/2082(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets the fact that LGBTIQ+ persons still face barriers to accessing employment, in particular decent jobs;
Amendment 60 #
2023/2082(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Condemns the fact that the rise of far-right political forces has motivated an increase in the harassment, violence and persecution of LBGTIQ+ persons;
Amendment 65 #
2023/2082(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Insists that the EU needs to take a common approach to the legal recognition of same-sex marriages and partnerships, and of rainbow parents, including of trans parents, and to legal gender recognition, to ensure the best interests of children in line with CJEU and ECtHR case-law;
Amendment 73 #
2023/2082(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the urgency for the Commission to facilitatensure access to funding for civil society organisations (CSOs) working for the human rights of LGBTIQ+ persons in the Union and in third countries;
Amendment 82 #
2023/2082(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for the EU and the Member States to include SOGIESC in the grounds taken into account in the EU anti- discrimination legislation, in line with Parliament’s mandate on the proposal for a directive on standards for equality bodies4 ; deplores that the proposal on the horizontal anti-discrimination directive has remained blocked in the Council since 2008; considers that any update of this proposal by the Commission must build on Parliament’s position, address intersectional discrimination and explicitly prohibit discrimination on any combination of grounds listed in the Charter; regrets that the Council has ignored these requests and urges the Council to integrate them in its mandate and to take all appropriate actions to fight discrimination in the EU; _________________ 4 Commission proposal of 7 December 2022 for a directive of the European Parliament and of the Council on standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and deleting Article 20 of Directive 2006/54/EC and Article 11 of Directive 2010/41/EU (COM(2022)0688).
Amendment 84 #
2023/2082(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the EU and the Member States to includvolve LGBTIQ+ persons in the design of socio-economic and housingpolicy-making, in particular in the design and implementation of socio-economic, housing and education policies;
Amendment 85 #
2023/2082(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Welcomes the Commission’s proposal for a Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood to protect the rights of all children by ensuring that their parental ties, including particularly same-sex parents, established in one Member State are recognised in all EU Member States; asks the Commission to explore the potential of other legal bases in the Treaties, notably Article 19 and 21 TFEU, to ensure that marriages, partnerships, parenthood and family life of LGBTIQ+ persons is fully and unconditionally recognised by all Member States without discrimination and obstacles for free movement;
Amendment 86 #
2023/2082(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to monitor closely the implementation of EU law in the Member States and to launch infringement procedures in cases where the fundamental rights of LGBTIQ+ persons have been violated, on grounds of Article 2 TEU, the Charter of Fundamental Rights or secondary legislation, where applicable; calls on the Commission to recourse systemically to expedited procedures and applications for interim measures before CJEU; calls on the Commission to ensure that Member States comply with the judgments of the CJEU and ECtHR, in particular on LGBTIQ+ persons and rainbow families crossing borders within the EU; recommends the Commission, in particular, to use actions regarding non-implementation of CJEU judgments under Article 260(2) TFEU and the Rule of Law Conditionality Regulation in cases of non-compliance with ECtHR judgments;
Amendment 96 #
2023/2082(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Member States to provide greater funding forensure funding for the provision of services for victims of gender-based violence services and for them to support LGBTIQ+ victims, in particular LGBTIQ+ women, addressing their specific needs and experiences;
Amendment 97 #
2023/2082(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Supports Parliament’s mandate in the framework of the negotiations on the Artificial Intelligence (AI) Act to minimiseaddress the biases and risks created for LGBTIQ+ persons, in particular in AI uses that include surveillance and facial recognition mechanisms; recalls the need to ensure that these systems are guided by the principles of transparency, explainability, fairness, and accountability and that independent audits are put in place to prevent that they exacerbate discrimination and existing inequalities;
Amendment 107 #
2023/2082(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission and the Member States to define and criminaliseaddress hate speech, hate crimes and violence motivated by SOGIESC bias, including online; welcomes the Commission’s initiative to extend the list of EU crimes in Article 83(1) TFEU to hate speech and hate crimes which would establish minimum rules concerning the definition of criminal offences and sanctions applicable in all EU Member States; highlights the need to ensure a robust EU criminal law response to hate speech and hate crime; strongly deplores the delayed approval of the initiative, and reiterates its call on the Council to work diligently towards a consensus;
Amendment 120 #
2023/2082(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Urges the Commission and the Member States to step up measures to address bullying and harassment of LGBTIQ+ children and young people in schools and to raise awareness of those cases; underlines that such situations contribute to social exclusion;
Amendment 143 #
2023/2082(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Calls on the Commission to ensure that the next LGBTIQ+ Equality Strategy is accompanied by an implementation plan, a strong mainstreaming structure and resource allocation; to include a timeline, ensuring the monitoring, evaluation, accountability, and learning processes, including the consultation of LGBTIQ+ organisations; further calls on the Commission to ensure an intersectional approach and to put particular attention to groups in vulnerable situations, such as LGBTIQ+ children and youth;
Amendment 1 #
2023/2053(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
– Having regard to the European Charter for Regional or Minority Languages,
Amendment 3 #
2023/2053(INI)
Motion for a resolution
Recital A
Recital A
A. whereas books and their authors play an essential role in our societies, as an invaluable source of knowledge, education, culture, information and entertainment and a vital means of preserving and disseminating the EU’s values, cultural and linguistic diversity and cultural heritage;
Amendment 8 #
2023/2053(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas European publishers that are SMEs or even microenterprises play a crucial role in guaranteeing cultural diversity in publishing;
Amendment 11 #
2023/2053(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the entire book sector value chain relies on the balance between the various actors, such as authors, publishers, translators, booksellers and libraries, and ends ultimately on readers;
Amendment 13 #
2023/2053(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas authors are the creative source of all books;
Amendment 15 #
2023/2053(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the vast majority of European publishers are SMEs or even microenterprises;
Amendment 17 #
2023/2053(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas bookshops and libraries are the focal point for readership development and reading promotion, whilst contributing to social and digital inclusiveness;
Amendment 18 #
2023/2053(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the ability of the European book sector to provide the public with a wide range of books relies partially on an effective copyright and respected authors' rights framework that allows each part of the value chain to remunerate creationauthors and their creation equitable and invest in new books;
Amendment 20 #
2023/2053(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the book sector plays an essential role in fostering freedom of expression, which can only be exercised by ensuring freedom, independence, diversity and editorial responsibility within the authorship and the publishing industry;
Amendment 23 #
2023/2053(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the governments of some Member States have exerted influence and regulatory pressure on the book sector, which negatively impacts on freedom of expression and conflicts with EU values;
Amendment 28 #
2023/2053(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas readers, including young ones have shown a continued preference to read printed books;
Amendment 30 #
2023/2053(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the COVID-19 pandemic, Russia’s war of aggression against Ukraine, the rise in costs for the sector, inflation and the paper crisis have posed significant challenges to the book sector and substantially hindered its competitiveness;
Amendment 33 #
2023/2053(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Amendment 39 #
2023/2053(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas authors' collective bargaining is key to ensure transparency of the use of the authors’ works;
Amendment 40 #
2023/2053(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas the diversity of sources of literature and knowledge is fundamental to the European book sector, and it encompasses, among others, the presence of women and other minorities in the value chain, the creation in a variety of genres, as well as works on lesser spoken and printed languages, and all of them are crucial to protect European cultural and linguistic diversity;
Amendment 42 #
2023/2053(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas the lack of interoperability between e-book formats reinforces the position of dominant market players, whilst restricting consumer choice and protection;
Amendment 49 #
2023/2053(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines the benefits of promoting reading aloud in early childhood as a crucial tool for developing literacy skills;
Amendment 50 #
2023/2053(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes the increase in screen time, in particular for the younger generations, and therefore stresses the importance of the promotion of reading on paper for young children as an irreplaceable tool for development by contributing to children’s cognitive, emotional, and social development;
Amendment 53 #
2023/2053(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the value of books as tools for the inclusion of groups at risk of marginalisation, in particular people lacking digital skills, minorities and persons with disabilities;
Amendment 54 #
2023/2053(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the need to ensure a balance in the book ecosystem by fulfilling the specific roles of the various actors of the value chain, such as authors, publishers, printers, distributors, translators, booksellers and libraries;
Amendment 66 #
2023/2053(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission and the Member States to promote cultural diversity by setting up specific programs aimed at protecting and promoting creation, dissemination, translation, and publishing production in Europe's regional and minority languages;
Amendment 67 #
2023/2053(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Invites the Commission in its mid- term review of the Creative Europe programme 2021-2027 to introduce measurable goals on how funding is used to improve the accessibility of books for persons with disabilities;
Amendment 68 #
2023/2053(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Encourages the Member States to develop an integrated policy for the promotion of literacy practices and competences, such as National Reading Plans, involving local authorities, culture, science, technology, and educational policies; stresses the importance of such plans to promote reading habits, writing, and multiple literacies, namely, cultural, scientific and digital, addressed to all population segments in an inclusive manner;
Amendment 70 #
2023/2053(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Stresses the importance of school libraries as places playing a significant role in providing access to knowledge, fostering reading habits, constructing safe spaces for people to share and socialise, and providing valuable opportunities for literacy development; underlines the importance of school librarians and their role providing guidance to students and therefore the need for their appropriate training;
Amendment 72 #
2023/2053(INI)
Motion for a resolution
Subheading 2
Subheading 2
Supporting authorship and promoting better circulation of European books within Europe and beyond
Amendment 75 #
2023/2053(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission and the Member States to increase the budget for the Creative Europe programme for 2028- 2034, in particular by dedicating more funds to the book sector, especially with broader programmes for writers, and to expand support for the sector through the Horizon Europe programme for 2028- 2034;
Amendment 77 #
2023/2053(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Encourages the establishment of an EU residency programme for writers, creators, and translators, aimed to help to showcase their work, integrate among the European community of authors and translators and gain experience through the exchange;
Amendment 78 #
2023/2053(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Member States to foster cultural diversity by increasing the acquisition budget of libraries, so that they can further expand the range of books that they offer, ensuring their freedom to build collections that respond to communities’ needs according to professional judgement alone, that their ability to serve their users cannot be undermined by contracts and digital locks, and that they are protected from public and private efforts to censor books, including for children, and supporting local bookshops;
Amendment 82 #
2023/2053(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 86 #
2023/2053(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the need to support the translation of European books, in particular by enhancing public funding at both national and European levels so as to improve the circulation, visibility and diversity of translated books; Calls as well to support the development of national minimum standards for decent working conditions for translators and authors;
Amendment 88 #
2023/2053(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the need to support the creation and translation of European books, in particular by enhancing public funding at both national and European levels so as to improve the circulation, visibility and diversity of translated books;
Amendment 91 #
2023/2053(INI)
8a. Underlines the importance of the mobility and exchanges between authors in order to facilitate their creative work and improve their opportunities to gain new professional experiences abroad;
Amendment 92 #
2023/2053(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Welcomes the new mobility action Culture Moves Europe in the frame of the Creative Europe Programme offering mobility grants to artists and cultural professionals, in particular for literary translators;
Amendment 93 #
2023/2053(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
Amendment 95 #
2023/2053(INI)
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Underlines that 2023 has been declared the European Year of Skills and calls on the Member States in this regard to support the education and training programs dedicated to the various actors of the book sector;
Amendment 96 #
2023/2053(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the importance of the EU Prize for Literature, which highlights the creativity and diversity of contemporary EU fiction, promotes the circulation of EU literary works and encourages greater interest in EU non- national literary works; Calls to ensure a wider outreach of the Prize;
Amendment 97 #
2023/2053(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for the EU Prize for Literature to foster linguistic diversity by promoting particularly works in European regional and minority languages;
Amendment 98 #
2023/2053(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Supports further promotion of the EULP in the Member States, including via the creation of an EU category for European children’s books;
Amendment 99 #
2023/2053(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Notes that although women are the backbone of the book sector as authors, publishing employees and readers, they continue to be under-represented in senior executive positions within publishing industry; stresses that data has shown that the publishing industry suffers from a massive diversity problem in terms of race, sexual orientation, and disability1a; _________________ 1a Women in the gentleman’s career of publishing [Princeton University Press] https://press.princeton.edu/ideas/women- in-the-gentlemans-career-of-publishing Women in publishing: addressing the glass ceiling [Genpol thinktank] https://gen-pol.org/2018/01/women-in- publishing-addressing-the-glass-ceiling/
Amendment 100 #
2023/2053(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Underlines the positive role taken by influencers to promote books on social media in an innovative way, thus fostering reading and European culture among younger generations;
Amendment 103 #
2023/2053(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Member States to support measures encouraging children to build their personal library, recognising the exposure to books as an integral part of social practices that foster long-term cognitive competencies;
Amendment 105 #
2023/2053(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for more support for certain literary genres and for children’stheir authors, and for children’s and young adult books, in particular, to be promoted by establishing a ‘first book programme’ or similar initiatives to encourage the creation of children’s books and reading at national level;
Amendment 109 #
2023/2053(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Encourages the Commission to guarantee a long-lasting legacy of the Day of European Authors and other similar initiatives and calls to set up clear objectives and measurable indicators to better evaluate their impact;
Amendment 111 #
2023/2053(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Underlines the social role of libraries as places where citizens meet with authors and exchange views, in particular in small towns and less developed regions;
Amendment 117 #
2023/2053(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to promote joint and coordinated initiatives between the book sector and the areas of education and social welfare at European level, as well as in the individual Member States;
Amendment 119 #
2023/2053(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Deplores the growing abuse and attacks against bookshops and libraries, as well as the increasing censorship of inclusive books; Underlines the role of bookshops and libraries as safe and welcoming spaces, where neither censorship nor violent acts should be tolerated;
Amendment 120 #
2023/2053(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Notes with concern the increasing censorship trends worldwide, and the work of a growing number of advocacy organisations that have made demanding censorship of certain books and ideas in schools part of their mission; condemns legislation to restrict the teaching or presence of certain books or concepts related especially on those from historically marginalised backgrounds such as the LGTBIQ+ community;
Amendment 121 #
2023/2053(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the various initiatives to support Ukraine since the beginning of the war, and particularly those to ensure that children have access to books and to facilitate the integration of refugees and the protection of Ukrainian culture; Calls for similar initiatives to be promoted in other conflict contexts;
Amendment 123 #
2023/2053(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses the importance of accessibility to writing and supporting writing as high priorities; Recalls that freedom of expression in the book sector starts with the protection of freedom of expression of the individual writer, with access to opportunities of creation for writers of all financial classes, origins, genders, religions, and languages, and with a legal, social and appreciating framework that allows writers to work independently and under artistic freedom;
Amendment 126 #
2023/2053(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Acknowledges that libraries are curated, public, safe spaces where people of all kinds of backgrounds meet and that function as centers from which reading and cultural activity is energised; Stresses the importance of encouraging cooperation among public libraries all over Europe as an opportunity to build culture of solidarity between individuals and communities, across differences, borders and nationalities;
Amendment 132 #
2023/2053(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Encourages the Commission and Member States to promote the acceleration of the transformation of the publishing sector by fostering policies of collaboration between the actors involved in the process including authors, publishers, booksellers, and readers; Calls to move towards a publishing process based on environmentally-friendly criteria following principles of proximity and sustainability, minimising and communicating the environmental impacts of publications;
Amendment 139 #
2023/2053(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Acknowledges the potential benefitchanges for the sector due tof the use of artificial intelligence (AI), such as automated text analysis, metadata tagging, online discoverability and professional translation automation tools; underlines certain challenges for the sector in this regard, such as the lack of transparency in relation to AI training;
Amendment 142 #
2023/2053(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Encourages the Member States and the Commission to impulse training policies for actors such as authors, translators and publishers so they can be equipped with the knowledge and skills to adapt successfully to the transformations of the sector as a consequence of the artificial intelligence (AI);
Amendment 147 #
2023/2053(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Underlines the importance of collecting data from publishers in order to display the origins of all parts of the book through the entire production chain, including information on paper certification and place of production;
Amendment 148 #
2023/2053(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses the importance of having up to date and comparable data on reading habits and literacy competences, especially for children; Recalls Eurostat has not updated its data on reading habits since 2016;
Amendment 154 #
2023/2053(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Member States to put in place transparency measures on ownership concentration of publishing houses, which would help safeguard pluralism and freedom of expression, along with helping readers make informed decisions;
Amendment 1 #
2023/2018(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
– Having regard to its resolution of 8 March 2022 on the role of culture, education, media and sport in the fight against racism (P9_TA(2022)0057)
Amendment 10 #
2023/2018(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the visibility of the programme is still relatively low, particularly among regional or local youth organisations; whereas the European Year of Youth in 2022 proved to be a unique opportunity to enhance the programme’s visibility;
Amendment 12 #
2023/2018(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas youth work and the education of youth workers are not recognised in all Member States, which results in discrepancies in the ESC and other youth programmes;
Amendment 13 #
2023/2018(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. Whereas recognising youth work and the education of youth workers will ensure a minimum harmonisation of the young people’s realities across the Union and could impact positively the quality of the projects in the ESC programme;
Amendment 18 #
2023/2018(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. Whereas the term “people with fewer opportunities” remains widely hard to define and quantify, and the absence of practical and effective ways to assess the inclusivity of the projects can potentially jeopardize the capacity to reach those with the most dire needs;
Amendment 19 #
2023/2018(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. Whereas the EU Youth Strategy affirms that evidence-based youth policy- making and knowledge building is pivotal. Moreover, data-driven observations serve as a contribution to the larger public debate, fostering accountability through activists, civil society, and researchers;
Amendment 20 #
2023/2018(INI)
Motion for a resolution
Recital H c (new)
Recital H c (new)
Hc. Whereas the dashboard created for the Youth Strategy and the datasets available on Eurostat are fragmented or non-comparable, and not easily accessible for young people and youth organisations;
Amendment 21 #
2023/2018(INI)
Motion for a resolution
Recital H d (new)
Recital H d (new)
Hd. Whereas, age-disaggregated or gender-disaggregated data is key to fostering understanding of the needs of different groups of young people,
Amendment 22 #
2023/2018(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. Whereas young migrants and refugees face structural barriers to participation in the program, particularly due to their administrative status;
Amendment 23 #
2023/2018(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. Whereas there is no fixed and structured process involving civil society organisations in the design and implementation of the programme;
Amendment 24 #
2023/2018(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the overall budget of EUR 1.033 billion for 2021-2027 has a flat-rate profile and cannot cope with the high demand, the rising costs of living, inflation rates and other challenges; whereas the budget constraints may damage the quality and inclusivity of the projects and may make the programme less financially viable for youth organisations;
Amendment 30 #
2023/2018(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission and NAs to strengthen the regular exchange of best practices, to enhance common understanding of programme procedures, deepen cooperation and improve the promotion of the programme; stresses that all relevant stakeholders should be involved in regular consultation on matters falling within their competenc, including on local and regional levels, should be involved in the advisory bodies of the programme as observers to the extent of their competence; recommends to re- establish and convene an Advisory Council of knowledgeable and experienced stakeholders on a regular basis, including youth organisation, coordinated by the ESC Resource Centre;
Amendment 38 #
2023/2018(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission, the Member States, NAs and engaged organisations to help raise awareness about the programme and its individual strands, to further build its brand and to reach out to more youth organisations and young people, particularly those with fewer opportunities;
Amendment 40 #
2023/2018(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the NAs to develop and implement more tailor-made communication activities to reach out to young people and to utilise the potential of youth organisations specially those led by/working with youth with fewer opportunities; calls on the NAs to deliver more capacity building for youth organisations to engage with ESC, like the appetiser training1a course; _________________ 1a https://www.salto-youth.net/rc/training- and-cooperation/tc-rc- nanetworktcs/appetiser/
Amendment 46 #
2023/2018(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that young people’s needs and social trends are changing; invites the Commission to explore and develop new volunteering formats for the next programming period, such as part-time volunteering, virtual volunteering or blended volunteering, and to provide participants and organisations with a sufficient budget;
Amendment 54 #
2023/2018(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission and the NAs to develop mechanisms and tools to ensure real and meaningful inclusion of people with fewer opportunities, as well as the appropriate use of support measures to achieve this goal;
Amendment 57 #
2023/2018(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Commission and the NAs to develop more checks, mechanisms and tools to ensure the quality of the projects supported by the programme taking into account the beneficiary organisation's stated goal beyond its participation in the ESC programme itself; urges to ensure a fair distribution among the applicant organisations in order to ensure a widely distribution of resources;
Amendment 61 #
2023/2018(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Commission to improve the quality and quantity of online linguistic support for participants, including in regional and minority languages where relevant, to integrate better sorting and filtering tools into the placement administration and support system, to simplify and shorten the application process for the new quality label, to set more frequent re-accreditation deadlines and to reduce the time and administrative burden involved in re- accreditation;
Amendment 63 #
2023/2018(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Asks the Commission to make available its data on the implementation of the programme, especially data disaggregated by relevant categories such as age group or gender;
Amendment 67 #
2023/2018(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission and the Member States to facilitate the expansion of mutual recognition of learning outcomes and professional skills from volunteering activities by registering them in Europass and by encouraging higher education institutions to award credits under the European Credit Transfer and Accumulation System (ECTS credits) for these activities;
Amendment 68 #
2023/2018(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission and Member States to reinforce the recognition of youth work, education of youth workers, and non-formal education, to harmonise youth workers realities across the Union;
Amendment 69 #
2023/2018(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States to introduce a special visa category for European Solidarity Corps participants from non-Schengen countries including young migrants and refugees, as host organisations cannot assist them in acquiring visas;
Amendment 70 #
2023/2018(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission and NAs to ensure that participants’ lists can be signed by people with irregular status, and that the online registration system accepts other forms of IDs, to make the programme truly inclusive;
Amendment 43 #
2023/0404(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The EU Talent Pool should aim at supporting participating Member States to address existing and future skills and labour shortages via the recruitment of third country nationals to the extent the activation of the domestic workforce and intra-EU mobility are not sufficient to achieve this objective. As a voluntary tool to facilitate international recruitment, the EU Talent Pool should offer additional support at Union level to interested Member States. To this end, complementarity and interoperability with existing national initiatives and platforms should be ensured. Member States’ specific needs should be taken into account in the development of the EU Talent Pool in order to ensure the widest participation possible. Hence, ‘Talent’ is an encompassing term referring to the entire range of skills that might be needed by the Member States’ labour markets.
Amendment 45 #
2023/0404(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The EU Talent Pool aims at providing services to employers that are established in the participating Member States, especially to support small- and medium-sized enterprises (SMEs), including private employment agencies, temporary work agencies and labour market intermediaries as defined by the International Labour Organisation Convention 181 from 1997.
Amendment 47 #
2023/0404(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure that Member States’ authorities are adequately represented in the EU Talent Pool Steering Group, participating Member States should appoint two representatives each, one from the employment authorities and one from the immigration authorities, guaranteeing, where necessary, the appropriate involvement of regional and local authorities.
Amendment 52 #
2023/0404(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The EU Talent Pool should contribute to the objective of discouraging irregular migration includingrecognising and redressing labour shortages by facilitating access to existing legal pathways. Jobseekers from third countries who are subject to a judicial or administrative decision refusing the entry or stay in a Member State or an entry ban in accordance with Directive 2008/115/EC of the European Parliament and of the Council11 , should not be allowed to register their profiles in the EU Talent Pool IT platform, given that they will not be permitted to enter and stay in the Union. To this end, jobseekers from third countries should be required, before registering their profiles in the EU Talent Pool, to declare that they are not currently subject to a refusal of entry or stay in a Member State or an entry ban to the territory of the Union. Information should also be provided on the consequences for making a false declaration in this respect. _________________ 11 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98, ELI: http://data.europa.eu/eli/dir/2008/115/oj).
Amendment 57 #
2023/0404(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) The EU Talent Pool should encourage diversity and gender equality. This entails facilitating hiring and bringing on board workers who are especially vulnerable to being excluded from the labour market such as women, persons with disabilities or people from minorities. If necessary, the EU Talent Pool should adopt targeted actions to ensure full inclusion.
Amendment 60 #
2023/0404(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27 a) When monitoring the EU Talent Pool, the EU Talent Pool Secretariat may take into account the input of relevant civil society organisations such as trade unions and business associations in both third countries and participating EU Member States at all relevant levels.
Amendment 61 #
2023/0404(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Information provided on the EU Talent Pool IT platform should be made available at least in all the official languages ofin the participating Member States and, when possible, in other relevant languages for non EU-nationals.
Amendment 63 #
2023/0404(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Upon request from registered jobseekers from third countries and employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points cshould provide additional support. Additional support should include tailored information on relevant visas and residence permits for work purposes in the participating Member State including with regard to third country nationals’ rights and obligations such as access to social benefits, health assistance, education, and housing. Specific guidance and information may also be provided on family reunification procedures and family members’ rights, and existing measures to facilitate integration in the host Member State such as language courses and vocational training. Such information should also include available redress mechanisms for cases of labour exploitation and unfair recruitment practices in the participating Member States. The EU Talent Pool National Contact Points should provide information to employers participating in the EU Talent Pool on their rights and obligations relating to social security, active labour market measures, taxation, issues relating to work contracts, pension entitlements and health insurance.
Amendment 65 #
2023/0404(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes an EU Talent Pool available to all Member States to facilitate recruitment of jobseekers from third countries residing outside the Union including those in need of international protection.
Amendment 69 #
2023/0404(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
(2) ‘jobseeker from a third country’ means a person residing outside the Union, including those in need of international protection, or a foreign student or researcher in the EU territory, who is not a citizen of the Union within the meaning of Article 20(1) TFEU and is seeking employment in the Union;
Amendment 71 #
2023/0404(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 5 a (new)
Article 4 – paragraph 1 – point 5 a (new)
(5 a) 'Talent Pool' means an inclusive tool that targets highly, medium and low skilled profiles from third countries. The Talent Pool covers all sectors of employment for low, medium, and highly skilled individuals, including small and medium-sized enterprises.
Amendment 75 #
2023/0404(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The EU Talent Pool Secretariat shall make the data of registered jobseekers from third countries and job vacancies of employers participating in the EU Talent Pool available for searches and matching on the EU Talent Pool IT platform. Searches and matches should be facilitated in a way that these do not result in any discriminatory or biased proceses.
Amendment 76 #
2023/0404(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
(e) collecting relevant data for monitoring the performance of the EU Talent Pool pursuant to Article 20, including, if necessary, consultations with relevant civil society organisations;
Amendment 79 #
2023/0404(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Representatives of the cross- industry social partners organisations at Union level shall have the right to participate as observers in the meetings of the EU Talent Pool Steering Group. Representation of at least two participants from trade union and two participants from employer organisations shall be ensured by the EU Talent Pool Steering Group. Other civil society organisations with relevant expertise on the field may be invited to participate as well. Those representatives shall sign a written statement declaring that they are not in a situation of conflict of interest.
Amendment 81 #
2023/0404(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Each participating Member State shall designate an EU Talent Pool National Contact Point. Participating Member States shall ensure that relevant authorities from the field of employment and immigration and, where necessary, with the involvement of regional or local authorities with relevant competences on the matter, are appointed as the EU Talent Pool National Contact Points.
Amendment 86 #
2023/0404(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Profiles of jobseekers from third countries registered in the EU Talent Pool shall be visible to employers participating in the EU Talent Pool. Personal data of jobseekers such as name, surname, gender, age, country of origin, nationality and address, should not be accessible during the search and matching phase.
Amendment 88 #
2023/0404(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
Employers participating in the EU Talent Pool shall comply with the relevant Union and national law and practice to ensure third-country nationals’ protection against unfair recruitment and inadequate working conditions as well as non-discrimination. as well as with relevant EU law addressing gender equality in the labour market such as Directive (EU) 2022/2381 or Directive (EU) 2023/970. Participating Member States may introduce additional conditions for the employers’ participation in the EU Talent Pool to ensure compliance with other relevant national practices, collective agreements and the principles and guidelines set out by the International Labour Organisation, in compliance with Union law.
Amendment 95 #
2023/0404(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Where relevant, the EU Talent Pool National Contact Points shall refer requests for information, guidance and support to other national competent authorities and, if applicable, other appropriate bodies at national level supporting the integration of third country nationals on the labour market and establish follow-up mechanisms to monitor whether the assistance required by the jobseeker or employer was satisfactory provided.
Amendment 98 #
2023/0404(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The EU Talent Pool Secretariat shall set up the data collection according to the statistical concepts and definitions and exchange information and data with the Commission for the purpose of quality of data collected under this Regulation and the production and quality of European statistics giving especial attention to disaggregated data by categories such as gender, disability and age.
Amendment 99 #
2023/0404(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3 a. A report of the performance and a summary of aggregated data of the EU Talent Pool should be made publicly available on a regular basis.
Amendment 4 #
2022/2057(INI)
Draft opinion
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
Highlights that over the past years some governments have engaged in attempts to stifle dissent by attacking journalists and human rights defenders who live abroad through acts of transnational repression1a in which those governments reach across national borders to silence critical voices among diaspora and exile communities, disregarding international law, human rights and democratic values; _________________ 1a https://freedomhouse.org/report/transnati onal-repression
Amendment 8 #
2022/2057(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that transnational repression remains a global threat to journalists around the world and that insufficient tools exist to protect its intended targets;2b _________________ 2b Freedom House Report: Defending Democracy in Exile Understanding and Responding to Transnational Repression https://freedomhouse.org/sites/default/file s/2022- 05/Complete_TransnationalRepressionRe port2022_NEW_0.pdf
Amendment 9 #
2022/2057(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the EU and the Member States to educate and raise awareness about the threat of transnational repression and to adopt measures to constrain the ability of states to commit acts of transnational repression, to increase accountability for perpetrators of transnational repression, and to provide protection for at-risk journalists, exiles and diasporas;3c _________________ 3c Freedom House Policy Recommendations on Transnational Repression https://freedomhouse.org/policy- recommendations/transnational- repression
Amendment 12 #
2022/2057(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Expresses serious concern about the shrinking space for civil society organisations, and the threat to journalists, human rights defenders and others – who communicate on important matters within the public interest that are critical of powerful members of society;
Amendment 14 #
2022/2057(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Believes that the EU and Member States should put in place measures aiming at ensuring news and other editorial media is based on public values and is open, democratic, sustainable and inclusive in which more women, people from racial and ethnic minorities, migrants and refugees, as well as members of LGBTIQ+ communities and people with disabilities, occupy creative and decision-making positions;
Amendment 24 #
2022/2057(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is concerned about the increase in hate speech, notably against independent media and journalists, civil society organisations, rights defenders, activists, whistleblowers, artists, and academics, especially those from marginalised groups including women, racialized people, LGBTIQ+ people and people with disabilities as well as others which has a significant psychological impact on those affected and creates a chilling effect and threatens freedom of expression and freedom of the press;
Amendment 27 #
2022/2057(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Recalls that the digital environment poses increasing risk to journalists’ safety online including ransomware attacks on news media websites, the use of spyware and coordinated smear campaigns that are run and coordinated by State or non-State actors;
Amendment 35 #
2022/2057(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Member States to guarantee that the public service media is free from censorship and political influence; that supervisory boards are appointed by qualified non-partisan individuals that will act in the public interest and not that of any one political party or ideology; calls for funding mechanisms to support public interest media and investigative journalism that challenges corruption;
Amendment 47 #
2022/2057(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that civil society organisations play a key role in fostering media literacy and asks therefore the Commission and Member States to include them as stakeholders in initiatives dedicated to promote journalism and media literacy;
Amendment 55 #
2022/2057(INI)
5a. Notes with concern that most EU countries are characterised by a high degree of market concentration with monopoly or oligopoly in the broadcasting sectors, oligopolies in newspaper industries and significant competition in magazine and book publishing; also notes that these main players co-exist with a myriad of smaller news media operators focusing on local or regional news or specialised in particular topics; believes that the Commission and Member States need to increase support for the media sector and should pay special attention to local and regional media operating in small markets;
Amendment 62 #
2022/2057(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Reiterates emphatically its repeated calls for the creation of a permanent European news media fund with a cross-border component to support critical voices in Europe, empower independent news coverage, safeguard the independence of European journalists and journalism, and guarantee the freedom of the press;
Amendment 78 #
2022/2057(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that it is essential to ensure and maintain the independence of private and public service media from any internal and external political interference, whether from governments, powerful interest groups or third countries; believes it is crucial therefore that any funds earmarked for the media and channelled through Member States be conditional on a process that guarantees fair and objective distribution in support of independent quality journalism and respects the rule of law;
Amendment 88 #
2022/2057(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that in some Member States political parties use media as vehicles to disseminate disinformation, while in others conglomerates with a large market share may exercise political interference; considers increased transparency and fact-checking obligations as remedies to counteract these practices; welcomes initiatives such as the Media Ownership Monitor and the Media Pluralism Monitor;
Amendment 92 #
2022/2057(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Strongly believes that in order to fulfil their role as watchdogs of democracy journalists should be able to enjoy decent working conditions and should be able to work safely and without threats or harassment; warns against the increasing precariousness of journalists often forced into false freelance contracts that cuts costs and undermines standards; is of the strong opinion this sector must be protected through stronger labour regulation;
Amendment 10 #
2022/2051(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Requests amending Articles 4 and 6 TFEU to introduce shared competences in the field of education, at a minimum in the field of citizenship education, civic education concerning data protection, media literacy and education in the area of climate change and environment, highlighting that the exercise of that competence by the Union shall not result in Member States being prevented from exercising their competence; 1a; _________________ 1a Proposal 46(1) of the Conference on the Future of Europe, as well as proposal 26(3) on data protection, proposal 6(7) on climate and proposal 27(4) on media literacy.
Amendment 17 #
2022/2051(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls for the introduction of a provision for the Union’s ratification of the Council of Europe's Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities1a; _________________ 1a COFOE Conclusions 48.
Amendment 21 #
2022/2051(INL)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Calls for the introduction of a legal basis to adopt legislation on the rights of people belonging to minorities2a; _________________ 2a COFOE Conclusions 48.
Amendment 3 #
2022/2038(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the Europe’s Media in the Digital Decade: An Action Plan to Support Recovery and Transformation from the Commission on 3 December 2020,
Amendment 4 #
2022/2038(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to the provisions of the European Charter for Regional or Minority Languages , regarding the media,
Amendment 5 #
2022/2038(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the country of origin principle laid down in Article 2(1) of the Directive has successfully proved itself as an important pillar for the free and unhindered dissemination of information and for the cross-border distribution of audiovisual media services and constitutes an important basis for the protection of audiovisual media service providers and end-users and for the promotion of cultural diversity and pluralism of opinion in the Union;
Amendment 9 #
2022/2038(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the main objective of the AVMS Directive is to protect the cultural and language diversity of the European Union under Article 167 TFEU;
Amendment 11 #
2022/2038(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Amendment 21 #
2022/2038(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the United Nations Convention on the Rights of Persons with Disabilities (CRPD) legally binds the European Union and all Member States to ensure the right to accessibility (Article 9), freedom of expression, opinion, and access to information (Article 21) and participation in cultural life (Article 30);
Amendment 25 #
2022/2038(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas the amount of audiovisual production in European regional and minority languages is inadequate in all EU member states;
Amendment 26 #
2022/2038(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
D c. whereas millions of children throughout Europe use their regional or minority languages (RMLs) in everyday life, are educated in RML medium schools, yet have little media in their own language;
Amendment 28 #
2022/2038(INI)
D d. whereas independent and impartial national and regional media regulatory authorities are a precondition for media freedom and pluralism in order to protect the media from undue political and commercial interference as they safeguard independent, accountable, and transparently operating media services;
Amendment 35 #
2022/2038(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls the Commission’s obligation, as laid down in Article 33, second sentence of the Directive, to submit a report on the application of the Directive no later than 19 December 2022, and reminds the Member States’ of their obligation under Article 7(2) of the Directive to report to the Commission on progress regarding accessibility by the same date; when assessing the Member States’ implementation of their obligations under the AVMSD, the Commission should verify that their understandings of ‘proportionate measures’ are not voiding Article 7;
Amendment 36 #
2022/2038(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls the Commission’s obligation to report on the application of Article 13 para 1 and 2 on the basis of the information provided by Member States by 19 December 2021 and of an independent study, taking into account the market and technological developments and the objective of cultural diversity; Regrets that the Commission has not yet provided [on time] its report on the application of the 2010/13/EU Directive for the period 2015-2019, which would have been interesting for benchmarking the implementation of the revised Directive;
Amendment 52 #
2022/2038(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that different levels of consumer protection with regards to commercial communications; Underlines that this creates an un-even level playing field between audiovisual media services and video sharing platforms which is detrimental to consumer protection;
Amendment 53 #
2022/2038(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Notes that whilst audiovisual media service providers are subject to strict rules to protect viewers from harmful content under articles 6 and 6a of the AVMSD, video sharing platforms are only subject to a light-touch regime via article 28b which requires them only to roll out some functionalities and modifying their terms and conditions;
Amendment 54 #
2022/2038(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Is aware that article 5 recognises the ability of Member States to adopt legislative measures providing that, in addition to the information listed in paragraph 5.1, media service providers under their jurisdiction make accessible information concerning their ownership structure, including the beneficial owners; calls legislators to increase transparency requirements by turning article 5.2 from an enabling provisions into an obligation to pursue an objective of general interest;
Amendment 61 #
2022/2038(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission, on the basis of the Member States’ reports and in cooperation with ERGA, to work on common qualitative and quantitative targets to promote the further development of accessible services for persons with disabilities and to improve the accessibility of services overall; Such targets should state, with clear timelines, what percentage of audiovisual content should be made accessible and for what type of access service. These targets should be based on the situation of media accessibility in the Member State;
Amendment 63 #
2022/2038(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to request European standards for access services, including icons, which respect existing practices but can be used by countries in which there is no quality guidance;
Amendment 64 #
2022/2038(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Recommends the future AccessibleEU Centre to create a forum for all the stakeholders affected by the European Accessibility Act (EAA) and the Audiovisual Media Services Directive (AVMSD) to exchange practices and find synergies to improve media accessibility in the EU;
Amendment 65 #
2022/2038(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Calls on the Commission to procure a study to measure and benchmark media accessibility between Member States;
Amendment 70 #
2022/2038(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Regrets that only very few Member States have yet taken measures to promote the prominence of general interest audiovisual media services in accordance with Article 7a; Underlines the importance of numeric buttons on remotes, devices and user interfaces to ensure the visibility and findability of general interest services; Notes that some manufacturers are removing these buttons from their remotes, putting at stake traditional channel numbering systems and preventing the audience from directly accessing their favourite linear channels; Highlights the need to ensure proper implementation of these prominence provisions, considering the key role that device manufacturers and interface providers play for the way in which users access, discover and find audiovisual media services online;
Amendment 78 #
2022/2038(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the objectives of the Directive are served by Member States taking measures to ensure prominence of European audiovisual works, findability of content and services of general interest vis- à-vis relevant user interfaces and platform services that offer their services to users in the territory of that Member State but are not themselves established there;
Amendment 91 #
2022/2038(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers it appropriate to maintain the European quota targets as minimum targets at their current level and that the provision is implemented taking into account official languages in the Member States;
Amendment 97 #
2022/2038(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Recommends to envisage raising the minimum 30% share of European works in on-demand services’ catalogues in the next revision of the Directive considering that the quota was already met in most Member States at the time of adoption of the Directive; Suggests increasing the quota to reduce the gap with the broadcasters’ obligation and encouraging the production of European and independent works;
Amendment 103 #
2022/2038(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Notes that the quota of European works for on-demand services does not excludes certain types of programmes contrary to the quota for broadcasters of Article 16 that excludes news, sports events, games, advertising, teletext services and tele-shopping; also notes that the business models of on-demand services have evolved to include non- scripted programmes in addition to films and series; Calls therefore on the Commission to assess the types of programmes offered by on-demand services to ensure that the focus of the quota on films and series is not undermined by other programmes and to review the 2020 guidelines on the calculation of European works if necessary;
Amendment 113 #
2022/2038(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Considers it appropriate to monitor closely the European quota targets implementation, including the types of audiovisual works covered and volume calculation for the on-demand services quota and to do so taking language as a unit of analysis;
Amendment 114 #
2022/2038(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12 d. Welcomes the introduction by a majority of Member States of financial obligations requiring on-demand services to invest part of their revenues earned in the country in the local production (via contributions to funds or direct investment), taking into account the cultural and linguistic diversity of the territorial area in which they are located or are conducting their service to; Encourages the Commission to present a proposal making this financial obligation mandatory and ensure the production of content in languages with lower audiovisual production;
Amendment 116 #
2022/2038(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12 e. Urges to facilitate accessibility (dubbing, subtitles, audio descriptions or others) in all languages of the territory where the audiovisual media service is provided;
Amendment 117 #
2022/2038(INI)
Motion for a resolution
Paragraph 12 f (new)
Paragraph 12 f (new)
12 f. Is concerned by the implementation of the AVMSD in Hungary, which openly discriminates against the LGBT community and contravenes fundamental rights enshrined in articles 7,9 11, 16 and 21 of the Charter of Fundamental Rights of the European Union by seeking to ban or limit exposure to LGBT communities and issues in programming and advertising content;
Amendment 124 #
2022/2038(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages, furthermore, greater agreementto assess the possibility onf common EU-wide requirements in investment incentive schemes in the form of tax credits as a way to complement the financial obligations provisions in the directive; considers that such schemes should provide automatic eligibility mechanisms so that they are less dependent on award decisions by panels, are not capped and provide additional incentives for social or cultural effects that are desirable in terms of media policy, such as talent development, social obligations, inclusion, diversity, gender equality or greening;
Amendment 125 #
2022/2038(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Recognizes the importance of the introduction of a minimum VoD quota and considers that ensuring its effective implementation is a priority; calls on the European Commission, Member States and audiovisual regulators to proceed to a detailed monitoring of its concrete implementation in all Member States as well as to assess its impact on the geographical, cultural, linguistic and artistic diversity of audiovisual works available to the European audience, including authored works; considers that equating a season of a series with one title should be assessed in due time in light of the objective of ensuring a balanced representation of cinematographic works and TV series;
Amendment 127 #
2022/2038(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Considers that when a Member State decides to impose financial obligations in favour of public broadcasters they should promote equal treatment and benefit all the different public broadcasters in the territory;
Amendment 130 #
2022/2038(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Stresses the importance of prominence, promotion and discoverability of European works and that they should be the subject of more attention and proposals, on the continuity of the work done by ERGA on the matter; calls on the Commission to present guidelines on how Member States can ensure the prominence and the discoverability of European works, with a view to improving access to a greater cultural and linguistic diversity, and suggests that these guidelines may define the terms of prominence and discoverability; stresses the need for access to online consumption data in order to properly evaluate the impact of the prominence obligation in particular;
Amendment 132 #
2022/2038(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Insists on the importance of the article 13.2 on the possibility to introduce financial obligations (contributions to funds or direct investment obligations) on the basis of a targeted derogation to the country-of-origin principle, as Member States retain full competence over their cultural policies including for the audiovisual sector; highlights that financial obligations are instrumental in stimulating private investments and public support policies to the benefit of European works and to sustain local audiovisual ecosystems in a changing market context; encourages Member States implementing financial obligations to make sure that they benefit European independent producers and authors as well as different audiovisual genres and the linguistic expressions;
Amendment 135 #
2022/2038(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 149 #
2022/2038(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls to Member States and regional governments to ensure that national and regional regulatory authorities exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism, cultural and regional diversity, language preservation, and consumer protection;
Amendment 151 #
2022/2038(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Stresses that in more than half of the EU Member States, the appointment of heads of national and regional media regulatory authorities(NRMRs) or members of the bodies is considered either medium or high risk, according to the latest Media Pluralism Monitor of the Centre for Media Pluralism and Media Freedom (CMPF) showing clearly that stronger enforcement mechanisms are needed;
Amendment 152 #
2022/2038(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Recalls that ERGA is composed of national independent regulatory authorities and those regional independent regulatory authorities with competencies in the field of audiovisual media services; believes that national and regional independent regulatory authorities can represent the Member State in a rotating system and participate in the meetings;
Amendment 154 #
2022/2038(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15 d. Asks Member States and regional governments with competences with in the field of audiovisual media services to establish national and regional regulatory authorities with competences in the field of audiovisual media services that are independent of their governments or other public or private bodies; recalls that regulators should exercise their powers impartially and transparently, according to Article 30 (2);
Amendment 168 #
2022/2038(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Regrets that some Member States defined independent producers in a way that allows producers linked to a media service provider to be considered as such; is concerned that this leads to market concentration and departs from the cultural and language diversity objective of the directive;
Amendment 169 #
2022/2038(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
Amendment 7 #
2022/2004(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to its resolution of 20 October 2021 on the situation of artists and the cultural recovery in the EU (2020/2261(INI));
Amendment 8 #
2022/2004(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— Having regard to its report on Shaping digital education policy
Amendment 9 #
2022/2004(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
— having regard to its resolution of 17 September 2020 on the cultural recovery of Europe (2020/2708(RSP));
Amendment 11 #
2022/2004(INI)
Motion for a resolution
Citation 34
Citation 34
— having regard to the report of the Committee on Culture and Education (A9- 0000/2022), and the 1989 UN Convention on the Rights of a Child, Article 30.
Amendment 18 #
2022/2004(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the closure of schools, spaces for culture and extracurricular activities and sports facilities has denied children and young people the opportunity to participate in activities which are essential for their overall development, their intellectual, physical and mental health, and well- being, and for their social and professional inclusion;
Amendment 21 #
2022/2004(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas COVID-19 closures of cultural venues - which were the first to be closed and the last to be allowed to reopen - have denied young cultural creators and especially young performers the opportunity to commence and develop their careers at the crucial early stage;
Amendment 28 #
2022/2004(INI)
B a. whereas basic rights and the mental well-being are two inseparable issues and young workers’ rights, such as decent wages, reasonable working hours and fair contracts are crucial to maintain their mental well-being;
Amendment 51 #
2022/2004(INI)
Motion for a resolution
Recital H
Recital H
H. whereas any EU mental health strategy aimed at children and young people must involve their parents and families,schools, teachers, youth organisations, youth workers, cultural institutions and sports clubs, in order to facilitate a holistic approach and ensure outreach to marginalised groups;
Amendment 53 #
2022/2004(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas providing opportunities for children and young people’s voices to be heard and considered in the decision- making processes is critical to ensure a more inclusive response to the COVID-19 crisis;
Amendment 54 #
2022/2004(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
H b. whereas education ranked among the most emotionally draining sectors during the COVID-19 pandemic1a; _________________ 1a Eurofound: living, Working, Covid-19 Living, working and COVID-19 | Eurofound (europa.eu)https://www.eurofound.europa .eu/publications/report/2020/living- working-and-covid-19
Amendment 55 #
2022/2004(INI)
Motion for a resolution
Recital H c (new)
Recital H c (new)
H c. whereas research shows a clear link between the mental health of teachers and that of student1a; _________________ 1a Education and Training Monitor 2021 (europa.eu) https://op.europa.eu/webpub/eac/educatio n-and-training-monitor- 2021/en/chapters/chapter1.html#ch1-1
Amendment 69 #
2022/2004(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the war in Ukrainewars and armed conflicts hasve led to millions of children and young people being displaced and experiencing extensive trauma;
Amendment 71 #
2022/2004(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas the pandemic had a profoundly negative effect on national and linguistic minority children, in particular an almost complete lack of basic health information in regional or minority languages by States, and where the provision of regional language immersion education was severely undermined1a. _________________ 1a Council of Europe ECRML COMEX statement on the impact of he pandemic on regional language speakers: https://www.coe.int/en/web/portal/-/covid- 19-crisis-vital-that-authorities-also- communicate-in-regional-and-minority- languages?fbclid=IwAR3yJWhiMnaynw DzVlorx6TuMJYGC5dQjFWO1aBKZgzD NdJjPPrBqnDr2io
Amendment 80 #
2022/2004(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Underlines the fundamental importance of culture for the development of the individual identity of children and young people as well as for their education, including their understanding of our society, and for their overall wellbeing;
Amendment 84 #
2022/2004(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Draws attention to the role played by schools and early childhoodformal, non-formal and informal education and care institutions and care providers in providing the necessary material and psychological support for children and their families, and calls on the Member States and regions to provide sufficient financial support to mainstream education institutions and to recruit and retain highly qualified teachers and education personnel in order to ensure that both the pedagogical and the psychological development of learners is increasingly promoted;
Amendment 89 #
2022/2004(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Member States to include psychological first aid and stigma- free mental health education in curricula, so that students, teachers, professors, and academic leaders be better prepared to respond to learners who are experiencing mental health difficulties;
Amendment 109 #
2022/2004(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines the vital importance of interpersonal relationships among children and young people and the social role of education; calls, therefore, on the Member States, to put in place appropriate health and safety measures to ensure that, in the event of future pandemics or other unprecedented situations, to keep all learning environments, whether formal, informal or non-formal in nature, openremain open safely; calls on the Member States, in cases where special measures are absolutely necessary, to take into account the needs of different ageconsult with teachers and education staff, learners and parents to adequately take into account the needs of different age groups, people with special needs, as well as marginalized groups and not to apply a one-size-fits-all approach;
Amendment 114 #
2022/2004(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recognizes that the COVID19 crisis has exacerbated pre-existing educational disparities by limiting opportunities for many of the most vulnerable children and young people, including those living in impoverished or in rural areas, girls, refugees, and people with disabilities; calls for specific policies to reach learners who are most at risk of falling behind;
Amendment 116 #
2022/2004(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 118 #
2022/2004(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Acknowledges that giving young people a voice in decision-making to express their needs and to participate in their implementation is key to improving the effectiveness of policies and programs; calls to involve young people, especially young women, in research, program design, and decision-making to better understand and respond to their lived experiences, priorities, and perceptions and to ensure their engagement;
Amendment 123 #
2022/2004(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists on the need to adequately fund and promote the opportunities offered by programmes such as Erasmus+, Creative Europe and the European Solidarity Corps, to enhance mobility experiences and increase their accessibility for all, regardless of income, gender, health statussocio-economic background, gender, health status, nationality, citizenship and region of origin; calls on the Commission and the Member States to improve the systematic sharing of projects’ outcomes in order to increase their visibility, upscaling and long-term impact;
Amendment 126 #
2022/2004(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission and the Member States to make better use of the Recovery and Resilience Facility and other dedicated funds to increase their efforts to tackle the late effects of COVID- 10 closures of cultural venues on cultural creators and especially young performers which were denied the opportunity to commence and develop their careers at the crucial early stage;
Amendment 129 #
2022/2004(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Urges the Member States to put the recovery and resilience of the cultural and creative sectors at the core of their investments into culture, with a particular focus on improving the overall situation and working conditions of young authors, performers, artists and all other cultural creators, workers and professionals who are the ones to create the cultural works that our democracy, society and economy benefit from;
Amendment 135 #
2022/2004(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the importance of countering the phenomenon of underreporting and social stigma regarding mental health and wellbeing and Calls for a holistic understanding of health and safety that includes overall physical, mental and social well-being, and requires comprehensive prevention and healing strategies, including the development of risk assessment tools, and reporting systems, in consultation with teachers, learners, and parents, and the integration of cultural and sporting activities, and promoting the development of creative and social skills;
Amendment 139 #
2022/2004(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the Commission and the Member States to ensure fair contractual situations and working conditions for all young cultural creators and other young professionals working in the cultural and creative sectors, including with regards to their mental and physical health and their overall wellbeing, and to stipulate this goal in a dedicated section on young artists in a European status of the artist;
Amendment 140 #
2022/2004(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Draws attention on the challenges to measuring mental health and well- being; therefore, calls on the Commission and the Members States to invest in further research and the development of unbiased indicators to measure mental health and well-being, including the impact caused by the COVID-19 pandemic;
Amendment 143 #
2022/2004(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Calls on the Commission and the Member States to provide a comprehensive response that involves the participation of stakeholders from the education, culture, sports and health sectors; draws attention to the need of significant investments in educational policies that support recovery, as well as mental health services to strengthen the infrastructures that support children and youth development which have been severely impacted by the pandemic;
Amendment 158 #
2022/2004(INI)
8. Calls on the Commission and the Member States to support and adequately fund small local cultural initiatives, sports clubs and leisure facilities to carry out the leisure and informal learning activities that play an essential role in the development and well-being of young people and their families, by providing material and psychological support resources, including for those with fewer economic opportunities or facing discrimination;
Amendment 160 #
2022/2004(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls for broad-based and targeted policy responses to protect a generation of young people from having their job prospects permanently harmed by the crisis, including, among other, support to re-integrate those who have lost their jobs or have had their working hours reduced, ensure youth access to unemployment insurance benefits, promote quality and paid internships, and address the housing access crisis; remarks that socioeconomic conditions are fundamental part of youth mental health and general well-being;
Amendment 171 #
2022/2004(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to take action to ensure that the EU as a whole becomes stronger and more self-reliant, leaving no one behind; points out that it must address the wider structural gaps caused by the lack of digital infrastructure and digital tools in rural and peripheral areaacross different countries as well as in rural and peripheral areas and the necessary training for teachers and educators to be able to make the most out of these tools and infrastructures;
Amendment 183 #
2022/2004(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Member States to invest in specific policies , also in the framework of Recovery and Resilience Facility that respond to local needs in order to close regional gaps and ensure financial support so that the technologies, innovations, learning and support facilities and tools required to continueensure quality education and training are available and accessible to all;
Amendment 187 #
2022/2004(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Highlights that pre-existing gender norms and expectations can be important factors affecting adversely mental, physical health, as well as education opportunities; remarks it is crucial to develop the capacities of educators through adequate resources and support to better identify and address the gendered repercussions of education, culture and sports closures on the broader health and well-being of children and young people;
Amendment 191 #
2022/2004(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Calls on the Member States to promote resilient, equitable, and gender- responsive education systems which ensure that gender-specific needs are met, such as comprehensive sexuality education and gender-based violence prevention and response;
Amendment 193 #
2022/2004(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Calls on the Commission and the Member States to provide special attention for children and young people who are particularly vulnerable, such as LGBTQ+ youth, racialized children and young people, and those with pre-existing mental health needs;
Amendment 202 #
2022/2004(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the need to monitor developments in, and the pedagogical and health and safety consequences of, technological and digital advances through cooperation and dialogue with experts, educators, education social partners, and representatives of civil society;
Amendment 214 #
2022/2004(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Raise awareness on the health and safety impact stemming from the use of digital technologies in education including screen fatigue, cyber violence and harassment, social exclusion, data privacy, internet addiction, fake news, and right to disconnect; therefore, calls on the EU Commission to conduct further research and take action to address these issues;
Amendment 222 #
2022/2004(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Urges member states to ensure that all of its population are informed in their regional or minority language with basic health information, and that support for regional or minority language immersion education and its infrastructure is increased so as to ensure that its provision is at the same level as State language education, so as not to be undermined by health crises and pandemics.;
Amendment 60 #
2022/0288(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1 – point c
Article 9 – paragraph 5 – subparagraph 1 – point c
(c) the firearm to be imported was declared lost, stolen or otherwise, sought for seizure or used as evidence in criminal proceedings in the relevant EU, national or international databases.
Amendment 64 #
2022/0288(COD)
Proposal for a regulation
Article 9 – paragraph 7
Article 9 – paragraph 7
7. For the purpose of the paragraph 5, the relevant authorities in each Member States shall check the absence of a criminal record in the European Criminal Record Information System ‘ECRIS’ and if the firearm is reported as lost, stolen or under investigation in the relevant EU, national or international databases.
Amendment 74 #
2022/0288(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1 – point a – point ii
Article 19 – paragraph 1 – subparagraph 1 – point a – point ii
(ii) the firearms as described in Annex I to this Regulation were declared lost, stolen or otherwise, sought for seizure or used as evidence in criminal proceedings in the Schengen Information System, or in any other national or international database.
Amendment 75 #
2022/0288(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. For the purpose of paragraph 1 of this Article, competent authorities shall check the absence of a criminal record related to the offences referred to under paragraph 1(a)(i) in the European Criminal Record Information System ‘ECRIS’ and the absence of the firearm sought for seizure or used as evidence in criminal proceedings in the Schengen Information System.
Amendment 88 #
2022/0288(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Commission, competent authorities and customs authorities shall cooperate closely and exchange information to the extent that is necessary and proportionate for the performance of the tasks under their respective remits.
Amendment 109 #
2022/0288(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) the number of authorisations and refusals, the reason for refusals, the quantities and values of actual imports and exports of firearms, their essential components and ammunition, by category and sub-category as listed in Annex I, by origin and by destination, the quantity and results of post-shipment checks at Member State level, the quantity and results of undertaken enforcement actions referred to in Article 32 at Member State level;
Amendment 112 #
2022/0288(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The Commission shall adopt implementingdelegated acts establishing the rules and format to be used by Member States for providing the Commission with anonymised statistical data as referred to in paragraph 1 and 2 of this Article. Those implementingdelegated acts shall be adopted in accordance with the advisory procedure referred to in Article 376.
Amendment 114 #
2022/0288(COD)
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3a. The Commission shall submit to the European parliament and the Council a public annual report on the implementation and enforcement of this Regulation. It shall include information on the quantity of authorisations and refusals, the quantities and values of imports and exports of firearms, their essential components and ammunition, by category and sub-category as listed in Annex I, by origin and by destination at Member States level. It shall also include information on the quantity of undertaken national enforcement actions referred to in Article 32, the quantitiy and results of post-shipment checks and the allocated resources and staffing levels of national competent authorities tasked with the implementation and enforcement of this Regulation.
Amendment 119 #
2022/0288(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Commission shall, by means of implementingdelegated acts, establish rules for the functioning of the electronic licensing system, including rules relating to processing of personal data and exchange of data with other IT systems. Those implementingdelegated acts shall be adopted in accordance with the advisory procedure referred to in Article 376.
Amendment 120 #
2022/0288(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Commission shall provide for interconnection between the electronic licensing system and the electronic national licencing systems, as well as with the Dual-Use e-System (DUeS), if established.
Amendment 125 #
2022/0288(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The Commission shall, by means of implementingdelegated acts, establish rules for the functioning of the exchange of information between Member States regarding refusals to grant import or export authorisations. Those implementingdelegated acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2)6 of this Regulation.
Amendment 120 #
2022/0277(COD)
Proposal for a regulation
Citation 4 a (new)
Citation 4 a (new)
Having regard to the opinion of the European Data Protection Supervisor,
Amendment 126 #
2022/0277(COD)
Proposal for a regulation
Citation 5 a (new)
Citation 5 a (new)
Having regard to the opinion of the European Data Protection Supervisor,
Amendment 132 #
2022/0277(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) A free and well-functioning internal market for media services is also an essential pillar of a functioning democracy, by providing access to a plurality of views and trustworthy sources of information to the consumers. The increased role of the online environment and its new functionalities have had a disruptive effect on the market for media services. The ability of media service providers to operate in a fair level-playing field environment is hampered by divergent approaches at national level. These approaches have created market fragmentation and legal uncertainty. Therefore, it is necessary to have a single legal framework that ensures a harmonised application of rules for media service providers throughout the Union, ensuring that European consumers have access to a broad range of reliable sources of information and to quality journalism as public goods in order to make informed choices, including about the state of their democracies.
Amendment 134 #
2022/0277(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The right to freedom of expression and information, enshrined in Article 11 of the Charter and in Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, encompasses the right to receive and impart information as well as the freedom and pluralism of the media. Accordingly, this Regulation draws upon the case law of the European Court of Human Rights (ECHR) and builds upon the standards developed by the Council of Europe in this regard.
Amendment 137 #
2022/0277(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) RecipiUnion citizents of media services in the Union (natural persons who are nationals of Member States orr natural persons who benefit from rights conferred upon them by Union law and legal persons established in the Union) should be able to effectively enjoy the freedom to receive free and pluralistic media services in the internal market. In fostering the cross- border flow of media services, a minimum level of protection of service recipients should be ensured in the internal market. That would be in compliance with the right to receive and impart information pursuant to Article 11 of the Charter of Fundamental Rights of the European Union (‘the Charter’). It is thus necessary to harmonise certain aspects of national rules related to media services. In the final report of the Conference on the Future of Europe, citizens called on the EU to further promote media independence and pluralism, in particular by introducing legislation addressing threats to media independence through EU-wide minimum standards46. _________________ 46 Conference on the Future of Europe – Report on the Final Outcome, May 2022, in particular proposal 27 (1) and 37 (4).
Amendment 137 #
2022/0277(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) A free and well-functioning internal market for media services is also an essential pillar of a functioning democracy, by providing access to a plurality of views and trustworthy sources of information to the consumers. The increased role of the online environment and its new functionalities have had a disruptive effect on the market for media services. The ability of media service providers to operate in a fair level-playing field environment is hampered by divergent approaches at national level. These approaches have created market fragmentation and legal uncertainty. Therefore, it is necessary to have a single legal framework that ensures a harmonised application of rules for media service providers throughout the Union, ensuring that European consumers have access to a broad range of reliable sources of information and to quality journalism as public goods in order to make informed choices, including about the state of their democracies.
Amendment 138 #
2022/0277(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The right to freedom of expression and information, enshrined in Article 11 of the Charter and in Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, encompasses the right to receive and impart information as well as the freedom and pluralism of the media. Accordingly, this Regulation draws upon the case law of the European Court of Human Rights (ECHR) and builds upon the standards developed by the Council of Europe in this regard.
Amendment 139 #
2022/0277(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
Amendment 140 #
2022/0277(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) For the purposes of this Regulation, the definition of a media services should be limitall be considered to be services as defined by the Treaty and therefore should cover any form of economic activitywithin the meaning of the Treaties where they are normally provided for remuneration. Thise definition of media service should exclude user-generated content uploaded to an online platform unless it constitutes a professional activity normally provided for consideration (be it of financial or of other nature). It should also exclude purely private correspondence, such as e-mails, as well as all services that do not have the provision of audiovisual or audio programmes or press publications as their principal purpose, meaning where the content is merely incidental to the service and not its principal purpose, such as advertisements or information related to a product or a service provided by websites that do not offer media services. The definition of a media service should cover in particular television or radio broadcasts, on-demand audiovisual media services, audio podcasts or press publications. Corporate communication and distribution of informational or promotional materials for public or private entities should be excluded from the scope of this definition.
Amendment 140 #
2022/0277(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) RecipiUnion citizents of media services in the Union (natural persons who are nationals of Member States orr natural persons who benefit from rights conferred upon them by Union law and legal persons established in the Union) should be able to effectively enjoy the freedom to receive free and pluralistic media services in the internal market. In fostering the cross- border flow of media services, a minimum level of protection of service recipients should be ensured in the internal market. That would be in compliance with the right to receive and impart information pursuant to Article 11 of the Charter of Fundamental Rights of the European Union (‘the Charter’). It is thus necessary to harmonise certain aspects of national rules related to media services. In the final report of the Conference on the Future of Europe, citizens called on the EU to further promote media independence and pluralism, in particular by introducing legislation addressing threats to media independence through EU-wide minimum standards46. _________________ 46 Conference on the Future of Europe – Report on the Final Outcome, May 2022, in particular proposal 27 (1) and 37 (4).
Amendment 142 #
2022/0277(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The media environment is undergoing major and fast changes. In this regard, the role of the media in a democratic society has not changed, but media has additional tools to facilitate interaction and engagement. Media- related policy must take these and future developments into account. Therefore, this Regulation should adopt a broad notion of media which encompasses all actors involved in the production and dissemination, to potentially large numbers of people, of content (for example information, analysis, comment, opinion, education, culture, art and entertainment in text, audio, visual, audiovisual or other form) and applications which are designed to facilitate interactive mass communication (for example social networks), while retaining (in all these cases) editorial control or oversight of the contents. Thus, the definition of media service provider should cover print media, broadcast media, non-linear audiovisual media, online newspapers, news websites, online news portals, online news archives, print and online publishers, journalists, including those in non-standard forms of employment such as free-lancing and independent journalism and other public watchdogs reporting on matters of public interest such as bloggers, NGOs, citizen journalists, whistle-blowers, well-known social media users and podcasters.
Amendment 146 #
2022/0277(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) On the other hand, online platform’s capacity to offer content without exercising editorial responsibility over it and to market the ability to target users with advertising allows them to act as direct competitors to media service providers whose content they intermediate and distribute. Given the transfer of economic value in favour of online platforms, the audience measurement definition should take into account content consumed by users of media services and users of online platforms. This will ensure that all intermediaries involved in content distribution are transparent about their audience measurement methodologies so as to enable advertisers to make informed choices that drive competition.
Amendment 148 #
2022/0277(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) On the other hand, online platform’s capacity to offer content without exercising editorial responsibility over it and to market the ability to target users with advertising allows them to act as direct competitors to media service providers whose content they intermediate and distribute. Given the transfer of economic value in favour online platforms, the audience measurement definition should take into account content consumed by users of media services and users of online platforms. This will ensure that all intermediaries involved in content distribution are transparent about their audience measurement methodologies so as to enable advertisers to make informed choices that drive competition.
Amendment 149 #
2022/0277(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) State advertising should be understood broadly as covering promotional or self-promotional activities undertaken by, for or on behalf of a wide range of public authorities or entities, including at Union, national, regional and local level, including the Commission and its agencies, governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities in different sectors, at national or, regional level, or local governments of territorial entities of more than 1 million inhabitants. However, the definition of state advertising should not include emergency messages by public authorities which are necessary, for example, in cases of natural or sanitary disasters, accidents or other sudden incidents that can cause harm to individualor local level. For the purposes of allocation of state advertising and other financial support, including in cases of natural or sanitary disasters, accidents or other unforeseen major incidents that can cause harm to significant portions of the population, criteria should be laid down in advance by national law. Such emergency messages should not be exempted from transparency obligations. Besides, state advertising is only one form of financial support for media that may include also direct subsidies in the form of direct state support awarded to media service providers, tax advantages, reductions to taxes or full tax exemptions for the media sector, state advertising, project-based support schemes funding covering specific needs of media outlets, such as training and skills development, upgrade of technology or facilities, or restructuring processes.
Amendment 152 #
2022/0277(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) State advertising should be understood broadly as covering promotional or self-promotional activities undertaken by, for or on behalf of a wide range of public authorities or entities, including at Union, national, regional and local level, including the Commission and its agencies, governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities in different sectors, at national or, regional level, or local governments of territorial entities of more than 1 million inhabitants. However, the definition of state advertising should not include emergency messages by public authorities which are necessary, for example, in cases of natural or sanitary disasters, accidents or other sudden incidents that can cause harm to individualor local level. For the purposes of allocation of state advertising and other financial support including in cases of natural or sanitary disasters, accidents or other unforeseen, major incidents that can cause harm to significant portions of the population, criteria should be laid down in advance by national law. Such emergency messages should not be exempted from transparency obligations. Besides, state advertising is only one form of financial support for media that may include also direct subsidies in the form of direct state support awarded to media service providers, tax advantages, reductions to taxes or full tax exemptions for the media sector, state advertising, project-based support schemes funding covering specific needs of media outlets, such as training and skills development, upgrade of technology or facilities, or restructuring processes.
Amendment 158 #
2022/0277(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure that society reaps the benefits of the internal media market, it is essential not only to guarantee the fundamental freedoms under the Treaty, but also the legal certainty which the recipients of media services need for the enjoyment of the corresponding benefits. Such recipients should have access to quality media services, which have been produced by journalists and editors in an independent manner and in line with journalistic standards and hence provide trustworthy information, including news and current affairs content. Such right does not entail any correspondent obligation on any given media service provider to adhere to standards not set out explicitly by law. Such quality media services are also an antidote against disinformation, including foreign information manipulation and interference.
Amendment 159 #
2022/0277(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure that society reaps the benefits of the internal media market, it is essential not only to guarantee the fundamental freedoms under the Treaty, but also the legal certainty which the recipients of media services need for the enjoyment of the corresponding benefits. Such recipients should have access to quality media services, which have been produced by journalists and editors in an independent manner and in line with journalistic standards and hence provide trustworthy information, including news and current affairs content. Such right does not entail any correspondent obligation on any given media service provider to adhere to standards not set out explicitly by law. Such quality media services are also an antidote against disinformation, including foreign information manipulation and interference.
Amendment 165 #
2022/0277(COD)
(14) The protection of editorial independence is a precondition for exercising the activity of media service providers and their professional integrity. Editorial independence is especially important for media service providers providing news and current affairs cInformation is a public good. Media service providers play a key societal role in this regard. In order to guarantee an independent and pluralistic media it is of key importance to put in place the necessary measures to create a safe environtment given its societal role as a public good. Mthat allows journalists to exercise editorial independence. Journalists, including freelancers and self-employed journalists, as well as other media service providers should be able to exercise their economic activities freely in the internal market and compete on equal footing in an increasingly online environment where information flows across borders.
Amendment 167 #
2022/0277(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) According to the Council of Europe Resolution 1003 (1993), on Ethics of journalism, inside the news organisation, publishers and journalists must co-exist, bearing in mind that the legitimate respect for publishers' and owners' ideological orientations is limited by the absolute requirements on truthful news reporting and ethical opinions. These requirements are such that it is necessary to reinforce the safeguards of the journalist's freedom of expression, for they must in the last instance operate as the ultimate sources of information. To that end, in addition to safeguarding the freedom of the media, freedom within the media must also be protected and internal pressures guarded against.
Amendment 168 #
2022/0277(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) According to the Council of Europe Resolution 1003 (1993), on Ethics of journalism, inside the news organisation, publishers and journalists must co-exist, bearing in mind that the legitimate respect for publishers' and owners' ideological orientations is limited by the absolute requirements on truthful news reporting and ethical opinions. These requirements are such that it is necessary to reinforce the safeguards of the journalist's freedom of expression, for they must in the last instance operate as the ultimate sources of information. To that end, in addition to safeguarding the freedom of the media, freedom within the media must also be protected and internal pressures guarded against.
Amendment 168 #
2022/0277(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Journalists, editors and meditoa workers are the main actors in the production and provision of trustworthy media content, in particular by reporting on news or current affairs. It is essential therefore to protect journalists’ capability to collect, fact-check and analyse information, including information imparted confidentially. In particular, media service providers, media workers and journalists (including those operating in non-standard forms of employment, such as freelancers and bloggers) should be able to rely on a robust protection of journalistic sources and communications, including against arbitrary interferences and deployment of surveillance technologies, since without such protection sources may be deterred from assisting the media in informing the public on matters of public interest. As a result, journalists’ freedomThis chilling effect is more pronounced for women and gender- diverse journalists, particularly women from marginalised groups such as racialised women, women from ethnic or religious minorities, LGTBIQ+ individuals and women with disabilities. As a result, journalists’ and media workers' freedom of expression and camapcity to exercise their economic activity and to fulfil their vital ‘public watchdog’ role may be undermined, thus affecting negatively access to quality media services. The protection of journalistic sources contributes tois a precondition for the protection of the fundamental right enshrined in Article 11 of the Charter. and crucial for safeguarding the ‘watchdog’ role of investigative journalism in democratic societies..
Amendment 169 #
2022/0277(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Journalists, editors and meditoa workers are the main actors in the production and provision of trustworthy media content, in particular by reporting on news or current affairs. It is essential therefore to protect journalists’ capability to collect, fact-check and analyse information, including information imparted confidentially. In particular, media service providers and journalists (including those operating in non-standard forms of employment, such as freelancers and bloggers) should be able to rely on a robust protection of journalistic sources and communications, including against arbitrary interferences and deployment of surveillance technologies, since without such protection sources may be deterred from assisting the media in informing the public on matters of public interest. As a result, journalists’ freedomThis chilling effect is more pronounced for women and gender-diverse journalists, particularly women from marginalised groups such as racialised women, women from ethnic or religious minorities, LGTBIQ+ individuals and women with disabilities. As a result, journalists' and media workers' freedom of expression and capacity to exercise their economic activity and fulfil their vital ‘public watchdog’ role may be undermined, thus affecting negatively access to quality media services. The protection of journalistic sources contributes tois a precondition for the protection of the fundamental right enshrined in Article 11 of the Charter and crucial for safeguarding the ‘watchdog’ role of investigative journalism in democratic societies. .
Amendment 172 #
2022/0277(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Surveillance methods deployed against journalists are varied, such as interception of electronic communications and metadata, device or software hacking including denial of service attacks, wiretapping, bugging, videotaping, geolocation tracking via Radiofrequency identification (RFID), Global Positioning System (GPS) or cell-site data, data mining and social media monitoring. These techniques may gravely impact journalists’ rights to privacy, data protection and freedom of expression. The protections afforded by this Regulation therefore encompass current forms of digital surveillance but also future technologies that may appear along with technological innovation and they are without prejudice to the application of existing and future Union’s law that restricts or prohibits the development, trade in, and use of specific surveillance technologies deemed too invasive. Spyware which grant full unlimited access to personal data, including sensitive data, on a device could affect the very essence of the right to privacy, and thus should under no circumstance be considered necessary and proportionate under Union law.
Amendment 173 #
2022/0277(COD)
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16b) The use of surveillance technologies or coercion to access journalists' data protected by professional privilege and linked to secrecy obligations should never be considered necessary and proportionate in a democratic society given the gravity of the interference they entail with media freedoms. They undermine the role of journalists as public watchdog and the fundamental role of journalistic sources to the protection of freedom of expression enshrined in Article 11 of the Charter.
Amendment 175 #
2022/0277(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The protection of journalistic sources and communication is currently regulated heterogeneously in the Member States. Some Member States provide an absolute protection against coercing journalists to disclose information that identify their source in criminal and administrative proceedings. Other Member States provide a qualified protection confined to judicial proceedings based on certain criminal charges, while others provide protection in the form of a general principle. In spite of existing standards codified by the Council of Europe and of established case law by the European Court of Human Rights, practical examples from several Member States have revealed very different approaches to this matter and a lack of protection for journalistic sources in some situations. This leads to fragmentation in the internal media market. As a result, journalists, which work increasingly on cross-border projects and provide their services to cross- border audiences, and by extension providers of media services, are likely to face barriers, legal uncertainty and uneven conditions of competition. Therefore, the protection of journalistic sources and communications needs harmonisation and further strengthening at Union level, without weakening the current protection in any Member State. Journalists working on cross-border projects should benefit from the highest protection standards of the Member States involved. The protection of journalistic sources and communications should correspond, as minimum, to the protection as provided in accordance with international and European standards as well as the case law from the CJEU and the ECtHR.
Amendment 176 #
2022/0277(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Surveillance methods deployed against journalists are varied, such as interception of electronic communications and metadata, device or software hacking including denial of service attacks, wiretapping, bugging, videotaping, geolocation tracking via Radiofrequency identification (RFID), Global Positioning System (GPS) or cell-site data, data mining and social media monitoring. These techniques may gravely impact journalists’ rights to privacy, data protection and freedom of expression. The protections afforded by this Regulation therefore encompass current forms of digital surveillance but also future technologies that may appear along with technological innovation and they are without prejudice to the application of existing and future Union’s law that restricts or prohibits the development, trade in, and use of specific surveillance technologies deemed too invasive. Spyware which grant full unlimited access to personal data, including sensitive data, on a device could affect the very essence of the right to privacy, and thus should under no circumstance be considered necessary and proportionate under Union law.
Amendment 177 #
2022/0277(COD)
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16b) The use of surveillance technologies or coercion to access journalists' data protected by professional privilege and linked to secrecy obligations should never be considered necessary and proportionate in a democratic society given the gravity of the interference they entail with media freedoms. They undermine the role of journalists as public watchdog and the fundamental role of journalistic sources to the protection of freedom of expression enshrined in Article 11 of the Charter.
Amendment 178 #
2022/0277(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Digital safety and the confidentiality of electronic communications have become a major concern for journalists. In light of this, the promotion and protection of anonymisation tools and end-to-end encrypted services used by media service providers and their employees needs to be encouraged at European level to ensure an equal level of access to such equipment across all Member States. These tools have become vital for journalists to freely exercise their work and their rights to privacy, data protection and freedom of expression including by securing their communications and protecting the confidentiality of their sources.
Amendment 179 #
2022/0277(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The protection of journalistic sources and communication is currently regulated heterogeneously in the Member States. Some Member States provide an absolute protection against coercing journalists to disclose information that identify their source in criminal and administrative proceedings. Other Member States provide a qualified protection confined to judicial proceedings based on certain criminal charges, while others provide protection in the form of a general principle. In spite of existing standards codified by the Council of Europe and of established case law by the European Court of Human Rights, practical examples from several Member States have revealed very different approaches to this matter and a lack of protection for journalistic sources in some situations This leads to fragmentation in the internal media market. As a result, journalists, which work increasingly on cross-border projects and provide their services to cross- border audiences, and by extension providers of media services, are likely to face barriers, legal uncertainty and uneven conditions of competition. Therefore, the protection of journalistic sources and communications needs harmonisation and further strengthening at Union level, without weakening the current protection in any Member State. Journalists working on cross-border projects should benefit from the highest protection standards of the Member States involved. The protection of journalistic sources and communications should correspond, as minimum, to the protection as provided in accordance with international and European standards as well as the case law from the CJEU and the ECtHR.
Amendment 180 #
2022/0277(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) State advertising should be understood broadly as covering promotional or self-promotional activities undertaken by, for or on behalf of a wide range of public authorities or entities, including the Commission and its agencies, governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities in different sectors, at national or regional level, or local governments of territorial entities of more than 1 million inhabitants. However, the definition of state advertising should not include emergency messages by public authorities which are necessary, for example, in cases of natural or sanitary disasters, accidents or other suddenunforeseen, major incidents that can cause harm to individualsignificant portions of the population. Such emergency messages should not be exempted from transparency obligations.
Amendment 181 #
2022/0277(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Digital safety and the confidentiality of electronic communications have become a major concern for journalists. In light of this, the promotion and protection of anonymisation tools and end-to-end encrypted services used by media service providers and their employees needs to be encouraged at European level to ensure an equal level of access to such equipment across all Member States. These tools have become vital for journalists to freely exercise their work and their rights to privacy, data protection and freedom of expression including by securing their communications and protecting the confidentiality of their sources.
Amendment 183 #
2022/0277(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Public service media established by the Member States play a particular role in the internal media market, by ensuring that citizens and businesses have access to quality information and impartialndependent media coverage, as part of their missionremit. However, public service media can be particularly exposed to the risk of interference, given their institutional proximity to the State and the public funding they receive. This risk may be exacerbated by uneven safeguards related to independent governance and balanced coverage by public service media across the Union. This situation may lead to biased or partial media coverage, distort competition in the internal media market and negatively affect access to independent and impartial media services. It is thus necessary, building on the international standards developed by the Council of Europe in this regard, to put in place legal safeguards for the independent functioning of public service media across the Union. It is also necessary to guarantee that, without prejudice to the application of the Union’s State aid rules, public service media providers benefit from sufficient and stable funding to fulfil their missionremit that enables predictability in their planning. Preferably, such funding should be decided and appropriated on a multi-year basis, in line with the public service missionremit of public service media providers, to avoid potential for undue influence from yearly budget negotiations. The requirements laid down in this Regulation do not affect the competence of Member States to provide for the funding of public service media as enshrined in Protocol 29 on the system of public broadcasting in the Member States, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
Amendment 187 #
2022/0277(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) It is crucial for the recipients of media services to know with certainty who owns and is behind the news media so that they can identify and understand potential conflicts of interest which is a prerequisite for forming well-informed opinions and consequently to actively participate in a democracy. Such transparency is also an effective tool to limit risks of interference with editorial independence. It is thus necessary to introduce common information requirements for all relevant media service providers across the Union that should include proportionate requirements to disclose ownership information, including the information on their parent and sister companies and details, if applicable, of their contracts with state bodies. In this context, the measures taken by Member States under Article 30(9) of Directive (EU) 2015/84949should not be affected. The required information should be disclosed by the relevant providers on their websites or other medium that is easily and directly accessible. _________________ 49 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73-117).
Amendment 190 #
2022/0277(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Public service media established by the Member States play a particular role in the internal media market, by ensuring that citizens and businesses have access to quality information and impartialndependent media coverage, as part of their missionremit. However, public service media can be particularly exposed to the risk of interference, given their institutional proximity to the State and the public funding they receive. This risk may be exacerbated by uneven safeguards related to independent governance and balanced coverage by public service media across the Union. This situation may lead to biased or partial media coverage, distort competition in the internal media market and negatively affect access to independent and impartial media services. It is thus necessary, building on the international standards developed by the Council of Europe in this regard, to put in place legal safeguards for the independent functioning of public service media across the Union. It is also necessary to guarantee that, without prejudice to the application of the Union’s State aid rules, public service media providers benefit from sufficient and stable funding to fulfil their missionremit that enables predictability in their planning. Preferably, such funding should be decided and appropriated on a multi-year basis, in line with the public service missionremit of public service media providers, to avoid potential for undue influence from yearly budget negotiations. The requirements laid down in this Regulation do not affect the competence of Member States to provide for the funding of public service media as enshrined in Protocol 29 on the system of public broadcasting in the Member States, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
Amendment 190 #
2022/0277(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Transparency of media ownership is a fundament to monitor and understand the functioning of the European media market. A media ownership database serves as a one stop shop for citizens and other stakeholders with information mapping the ownership structures in the market. The Board and the Member states need to cooperate in information collecting, maintaining and updating the database as a primary source of such information.
Amendment 196 #
2022/0277(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) It is crucial for the recipients of media services to know with certainty who owns and is behind the news media so that they can identify and understand potential conflicts of interest which is a prerequisite for forming well-informed opinions and consequently to actively participate in a democracy. Such transparency is also an effective tool to limit risks of interference with editorial independence. It is thus necessary to introduce common information requirements for all relevant media service providers across the Union that should include proportionate requirements to disclose ownership information, including the information on their parent and sister companies and details, if applicable, of their contracts with state bodies. . In this context, the measures taken by Member States under Article 30(9) of Directive (EU) 2015/84949should not be affected. The required information should be disclosed by the relevant providers on their websites or other medium that is easily and directly accessible. _________________ 49 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73-117).
Amendment 196 #
2022/0277(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) To mitigate regulatory burdens, micro enterprises within the meaning of Article 3 of Directive 2013/34/EU of the European Parliament and of the Council50should be exempted from thsomerequirements related to information and internal safeguards with a view to guaranteeing the independon transparencey of individual editorial decisionsmedia ownership. Moreover, media service providers should be free to tailor the internal safeguards to their needs, in particular if they are small and medium- sizedmicroenterprises within the meaning of thatArticle 3 of Directive 2013/34/EU. The Recommendation that accompanies this Regulation51provides a catalogue of voluntary internal safeguards that can be adopted within media companies in this regard. The present Regulation should not be construed to the effect of depriving the owners of private media service providers of their prerogative to set strategic or general goals and to foster the growth and financial viability of their undertakings. In this respect, this Regulation recognises that the goal of fostering editorial independence needs to be reconciled with the legitimate rights and interests of private media owners. _________________ 50 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19-76). 51 OJ C , , p. .
Amendment 199 #
2022/0277(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Independent national regulatory authorities or bodies are key for media pluralism and media freedom and the proper application of media law across the Union. National regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU are best placed to ensure the correct application of the requirements related to regulatory cooperation and a well-functioning market for media services, envisaged in Chapter III of this Regulation. They are the primary enforcers and guardians of media freedom and pluralism at the national level. As independent regulatory authorities, they should be able to set their own priorities guided by the general interest of safeguarding media pluralism and freedom and decide independently about the allocation of their resources. Their decisions should respect the European Charter of Fundamental Rights, in particular Article 11 thereof. In order to ensure a consistent application of this Regulation and other Union media law, it is necessary to set up an independent advisory body at Union level gathering such authorities or bodies and coordinating their actions. The European Regulators Group for Audiovisual Media Services (ERGA), established by Directive 2010/13/EU, has been essential in promoting the consistent implementation of that Directive. The European Board for Media Services (‘the Board’) should therefore build on ERGA and replace it. This requires a targeted amendment of Directive 2010/13/EU to delete its Article 30b, which establishes ERGA, and to replace references to ERGA and its tasks as a consequence. The amendment of Directive 2010/13/EU by this Regulation is justified in this case as it is limited to a provision which does not need to be transposed by Member States and is addressed to the institutions of the Union.
Amendment 200 #
2022/0277(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Transparency of media ownership is a fundament to monitor and understand the functioning of the European media market. A media ownership database serves as a one stop shop for citizens and other stakeholders with information mapping the ownership structures in the market. The Board and the Member states need to cooperate in information collecting, maintaining and updating the database as a primary source of such information.
Amendment 202 #
2022/0277(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per Member State. This should not affect the possibility for the other national regulatory authorities or bodies to participate, as appropriate, in the meetings of the Board. The Board should also have the possibility to invite to attend its meetings, in agreement with the Commission, experts and observers, including in particular regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or ad hoc delegates from other competent national authorities. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
Amendment 202 #
2022/0277(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Given the importance and the extensive nature of the new tasks conferred by this Regulation to independent national regulatory authorities or bodies, directly or indirectly, it is of utmost importance to ensure that the financial, human and technical resources of the national regulatory authorities or bodies are adequately and sufficiently increased. In this sense, Member States could make use of national resources coming from the auctioning of the spectrum, the digital dividend or the introduction of a levy on regulated entities. Member States should also provide the Commission with all relevant information concerning the increase of financial, human and technical resources. Moreover, within the framework of the applicable public function, and budgetary regulations, the NRA should have full authority over the recruitment and management of the staff, who should be hired under clear and transparent rules. The capacity over the management of the staff should include autonomy to decide the required profile, qualification, expertise, and other human resources features, including salary and retribution, with independence from other public bodies. The NRA should also have full autonomy and decision-making control in terms of management of internal structure, organisation, and procedures for the effective performance of their duties and the effective exercise of their powers. Without prejudice to national budgetary rules and procedures, NRAs should have allocated a separated annual budget. Member states should ensure that national authorities are granted full autonomy in the spending of the allocated budget for the purpose of carrying out their duties. Any control on the budget of the NRAs should be exercised in a transparent manner. Annual accounts of regulatory Authorities should have an ex post control by an independent auditor, and should be made public.
Amendment 205 #
2022/0277(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per Member State. This should not affect the possibility for the other national regulatory authorities or bodies to participate, as appropriate, in the meetings of the Board. T as observers. In agreement with the Commision, the Board should also have the possibility to invite to attend its meetings, in agreement with the Commission, experts and observers, including in particulardesignate as observers also regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or ad hoc delegates from other competent national authorities. The Board should also have the possibility to invite to attend its meetings experts, civil society organisations and representatives of media service providers. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
Amendment 208 #
2022/0277(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions ion agreement with the Commissionits own initiative or upon itsa request from the Commission in the cases envisaged by this Regulation. In order to effectively fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat provided by the Commission. The Commission secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
Amendment 211 #
2022/0277(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Ensuring a consistent regulatory practice regarding this Regulation and Directive 2010/13/EU is essential. For this purpose, and to contribute to ensuring a convergent implementation of EU media law, the Commission may issue guidelines on matters covered by both this Regulation and Directive 2010/13/EU when needed. When deciding to issue guidelines, the Commission should consider in particular regulatory issues affecting a significant number of Member States or those with a cross-border element. This is the case in particular for national measures taken under Article 7a of Directive 2010/13/EU on the appropriate prominence of audiovisual media services of general interest. In view of the abundance of information and the increasing use of digital means to access the media, it is important to ensure prominence for content of general interest, in order to help achieving a level playing field in the internal market and compliance with the fundamental right to receive information under Article 11 of the Charter of Fundamental Rights of the Union. Given the possible impact of the national measures taken under Article 7a on the functioning of the internal media market, guidelines by the Commission would be important to achieve legal certainty in this field. It would also be useful to provide guidance on national measures taken under Article 5(2) of Directive 2010/13/EU with a view to ensuring the public availability of accessible, accurate and up-to-date information related to media ownership. In the process of preparing its guidelines, the Commission should be assisted by the Board. The Board should in particular share with the Commission its regulatory, technical and practical expertise regarding the areas and topics covered by the respective guidelines.
Amendment 211 #
2022/0277(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) To mitigate regulatory burdens, micro enterprises within the meaning of Article 3 of Directive 2013/34/EU of the European Parliament and of the Council50should be exempted from thsomerequirements related to information and internal safeguards with a view to guaranteeing the independon transparencey of individual editorial decisionsmedia ownership. Moreover, media service providers should be free to tailor the internal safeguards to their needs, in particular if they are small and medium- sizedmicroenterprises within the meaning of thatArticle 3 of Directive 2013/EU. The Recommendation that accompanies this Regulation51provides a catalogue of voluntary internal safeguards that can be adopted within media companies in this regard. The present Regulation should not be construed to the effect of depriving the owners of private media service providers of their prerogative to set strategic or general goals and to foster the growth and financial viability of their undertakings. In this respect, this Regulation recognises that the goal of fostering editorial independence needs to be reconciled with the legitimate rights and interests of private media owners. _________________ 50 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19-76). 51 OJ C , , p. .
Amendment 214 #
2022/0277(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Transparency of media ownership is a fundament to monitor and understand functioning of the European media market. A media ownership database serves as a one stop shop for citizens and other stakeholders with information mapping the ownership structures in the market. The Board and the Member States need to cooperate in information collecting, maintaining and updating the database as a primary source of such information.
Amendment 215 #
2022/0277(COD)
Proposal for a regulation
Recital 28 b (new)
Recital 28 b (new)
(28b) Minimum harmonisations of rules regarding restrictions on media ownership across the Union is one of the fundaments in order to guarantee a fair plurality and to protect fair competition among media services providers within the European media market and to uphold the right for consumers to receive variety of diverse information and opinions in an impartial and pluralistic manner.
Amendment 216 #
2022/0277(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Independent national regulatory authorities or bodies are key for media pluralism and media freedom and the proper application of media law across the Union. National regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU are best placed to ensure the correct application of the requirements related to regulatory cooperation and a well-functioning market for media services, envisaged in Chapter III of this Regulation. They are the primary enforcers and guardians of media freedom and pluralism at the national level. As independent regulatory authorities, they should be able to set their own priorities guided by the general interest of safeguarding media pluralism and freedom and decide independently about the allocation of their resources. Their decisions should respect the European Charter of Fundamental Rights, in particular Article 11 thereof. In order to ensure a consistent application of this Regulation and other Union media law, it is necessary to set up an independent advisory body at Union level gathering such authorities or bodies and coordinating their actions. The European Regulators Group for Audiovisual Media Services (ERGA), established by Directive 2010/13/EU, has been essential in promoting the consistent implementation of that Directive. The European Board for Media Services (‘the Board’) should therefore build on ERGA and replace it. This requires a targeted amendment of Directive 2010/13/EU to delete its Article 30b, which establishes ERGA, and to replace references to ERGA and its tasks as a consequence. The amendment of Directive 2010/13/EU by this Regulation is justified in this case as it is limited to a provision which does not need to be transposed by Member States and is addressed to the institutions of the Union.
Amendment 217 #
2022/0277(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Given the importance and the extensive nature of the new tasks conferred by this Regulation to independent national regulatory authorities or bodies, directly or indirectly, it is of utmost importance to ensure that the financial, human and technical resources of the national regulatory authorities or bodies are adequately and sufficiently increased. In this sense, Member States could make use of national resources coming from the auctioning of the spectrum, the digital dividend or the introduction of a levy on regulated entities. Member States should also provide the Commission with all relevant information concerning the increase of financial, human and technical resources. Moreover, within the framework of the applicable public function, and budgetary regulations, the NRA should have full authority over the recruitment and management of the staff, who should be hired under clear and transparent rules. The capacity over the management of the staff should include autonomy to decide the required profile, qualification, expertise, and other human resources features, including salary and retribution, with independence from other public bodies. The NRA should also have full autonomy and decision-making control in terms of management of internal structure, organisation, and procedures for the effective performance of their duties and the effective exercise of their powers. Without prejudice to national budgetary rules and procedures, NRAs should have allocated a separated annual budget. Member states should ensure that national authorities are granted full autonomy in the spending of the allocated budget for the purpose of carrying out their duties. Any control on the budget of the NRAs should be exercised in a transparent manner. Annual accounts of regulatory Authorities should have an ex post control by an independent auditor, and should be made public.
Amendment 222 #
2022/0277(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Ensuring a consistent regulatory practice regardingn effective application of this Regulation and Directive 2010/13/EU is essential. For this purpose, and to contribute to ensuring a convergent implementation of EU media law, the Commission may issue guidelines on matters covered by both this Regulation and Directive 2010/13/EU when needed. When deciding to issue guidelines, the Commission should consider in particular regulatory issues affecting a significant number of Member States or those with a cross-border element. This is the case in particular for national measures taken under Article 7a of Directive 2010/13/EU on the appropriate prominence of audiovisual media services of general interest. In view of the abundance of information and the increasing use of digital means to access the media, it is important to ensure prominence for content of general interest, in order to help achieving a level playing field in the internal market and compliance with the fundamental right to receive information under Article 11 of the Charter of Fundamental Rights of the Union. Given the possible impact of the national measures taken under Article 7a on the functioning of the internal media market, guidelines by the Commission would be important to achieve legal certainty in this field. It would also be useful to provide guidance on national measures taken under Article 5(2) of Directive 2010/13/EU with a view to ensuring the public availability of accessible, accurate and up-to-date information related to media ownership. In the process of preparing its guidelines, the Commission should be assisted by the Board. The Board should in particular share with the Commission its regulatory, technical and practical expertise regarding the areas and topics covered by the respective guidelines.
Amendment 223 #
2022/0277(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per Member State. This should not affect the possibility for the other national regulatory authorities or bodies to participate, as appropriate, in the meetings of the Board. T as observers. In agreement with the Commission, the Board should also have the possibility to invite to attend its meetings, in agreement with the Commission, experts and observers, including in particulardesignate as observers also regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or ad hoc delegates from other competent national authorities. The Board should also have the possibility to invite to attend its meetings, experts, civil society organisations and representatives of media service providers. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
Amendment 226 #
2022/0277(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Minimum harmonisations of rules regarding restrictions on media ownership across the European Union is one of the fundaments in order to guarantee a fair plurality and to protect fair competition among media services providers within the European media market and to uphold the right for consumers to receive variety of diverse information and opinions in an impartial and pluralistic manner. For this purpose, certain politically exposed persons, as defined in Article 3 of Directive (EU) 2015/849, such as heads of State, heads of government, ministers, deputy or assistant ministers, members of parliament or of similar legislative bodies, should after being appointed as such terminate their business relations with a media service provide.
Amendment 229 #
2022/0277(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory orequirements and self- regulatory requirecommitments they are subject to in the Member States. Therefore, also in view of users’ freedom of information, where providers of very large online platforms consider that content proviuploaded by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act], they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act] and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54 . To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms should endeavour to submit the statement of reasons prior to the restriction taking effectwithout undue delay and without prejudice to their obligations under Regulation (EU) 2022/XXX [the Digital Services Act]. In particular, this Regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service, or in order to mitigate systemic risks posed by dissemination of certain content through its service, in compliance with Union law, in particular pursuant to Regulation (EU) 2022/XXX [the Digital Services Act]. __________________ 54 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57-79).
Amendment 229 #
2022/0277(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions in agreement with the Commission or upon its requeson its own initiative or upon a request by the Commission or the European Parliament in the cases envisaged by this Regulation. In order to effectively and independently fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat provided by the Commission. The Commission secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasksbody of the Union having legal personality, an independent Bureau dedicated to the Board. The Bureau of the European Board for Media Services should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks. The Bureau of the Board should have the expertise and resources necessary to provide its opinion in cases where it finds that media freedom and pluralism, or editorial independence are systematically undermined in a Member State either by national measures of the respective Member State or decisions of its National Regulatory Authority or body, or due to other reasons. In its opinions the Board should take due account of various sources of information, in particular the decisions of the respective National Regulatory Authority or body, submissions by civil society organisations and other available sources including the results of the Media Pluralism Monitor.
Amendment 231 #
2022/0277(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) It is furthermore justified, in view of an expected positive impact on freedom to provide services and freedom of expression, that where media service providers adhere to certain regulatory or self-regulatory standards, their complaints against decisions of providers of very large online platformcomplaints against unjustified removals of content made by representative bodies of media service providers are treated with priority and without undue delay, in accordance with Regulation (EU) 2022/2065 .
Amendment 231 #
2022/0277(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU have specific practical expertise that allows them to effectively balance the interests of the providers and recipients of media services while ensuring the respect for the freedom of expression. This is key in particular when it comes to protecting the internal market from activities of media service providers originating from outside the Union (either established outside of the UnionEU, established outside the EU but under jurisdiction of an EU Member State through the Directive 2010/13/EU satellite criteria or established in the EU) irrespective of the means of distribution or access, that target or reach audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, they may prejudice or pose risks of prejudice to public security and defence. In this regard, the coordinperation between national regulatory authorities or bodies to face together possible public security and defence threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line with Union media legislation. In order to ensure that media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Additionally, it is necessary to coordinate the national measures that may be adopted to counter public security and defence threats by media services established outside of the Union and targeting audiences in the Union, including the possibility for the Board, in agreement with the Commission, to issue opinions on such measures, as appropriate. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
Amendment 233 #
2022/0277(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) To this end, providers of very large online platforms should provide a functionality on their online interface to enable media service providers to declare that they meet certain requirements, while at the same time retaining the possibility not to accept such self-declaration where they consider that these conditions are not met. Providers of very large online platforms may rely on information regarding adherence to these requirements, such as the machine- readable standard of the Journalism Trust Initiative or other relevant codes of conduct. Guidelines by the Commission may be useful to facilitate an effective implementation of such functionality, including on modalities of involvement of relevant civil society organisations in the review of the declarations, on consultation of the regulator of the country of establishment, where relevant, and address any potential abuse of the functionality.
Amendment 234 #
2022/0277(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) In the case of audiovisual media services providers under jurisdiction of EU Member States pursuant to Article 2 of Directive 2010/13/EU, in order to ensure that audiovisual media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance, pursuant to an opinion of the Board, should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Following the request of the authority or body from another Member State, the competent national authority or body could be invited by the opinion of the Board to undertake certain measures, where the threats mentioned above are proven and are prejudicing or presenting a serious and grave risk of prejudice for several Member States or the Union. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
Amendment 236 #
2022/0277(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Providers of very large online platforms should engage with media service providers that respect standards of credibility and transparency and that consider that restrictions on their content are frequently imposed by providers of , where audits undertaken pursuant to Regulation (EU) 2022/2065 demonstrate that a VLOP’s content moderation practices is negativerly large online platforms without sufficient groundsimpacting freedom and pluralism of the media, in order to find an amicable solution for terminating any unjustified restrictions and avoiding them in the future. Providers of very large online platforms should engage in such exchanges in good faith, paying particular attention to safeguarding media freedom and freedom of information.
Amendment 237 #
2022/0277(COD)
Proposal for a regulation
Recital 30 b (new)
Recital 30 b (new)
(30b) As any measures limiting the freedom of media and of speech can only be envisaged in highly exceptional and justified cases, the implication of the Board should be limited to what is strictly necessary and in line with international and European standards, therefore should be triggered following a request of a minimum number of Board members to be defined in the Board’s Rules of procedure. Once adopted, the opinions of the Board should be taken into utmost account by the national regulatory authorities or bodies concerned.
Amendment 238 #
2022/0277(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Building on the useful role played by ERGA in monitoring compliance by the signatories of EU Code of Practice on Disinformation, the Board should, at least on a yearly basis, organise a structured dialogue between providers of very large online platforms, representatives of media service providers and representatives of civil society to foster access to diverse offers of independent media on very large online platforms, discuss experience and best practices related to the application of the relevant provisions of this Regulation and to monitor adherence tocompliance with self- regulatory initiatives aimed at protecting society from harmful content, including those aimed at countering disinformation. The Commission may, where relevant, examine the reports on the results of such structured dialogues when assessing systemic and emerging issues across the Union under Regulation (EU) 2022/XXX [Digital Services Act] and may ask the Board to support it to this effect.
Amendment 242 #
2022/0277(COD)
Proposal for a regulation
Recital 30 c (new)
Recital 30 c (new)
(30c) In order to foster the coherence of decisions and facilitate the eventual cooperation between national regulatory authorities or bodies, the Board should develop a set of basic criteria on the service provider and the service provided. Those criteria should be used by national regulatory authorities or bodies, when a media service provider originating from outside of the Union seeks jurisdiction in one of the Member States, or when it is already under the jurisdiction of a Member State.
Amendment 243 #
2022/0277(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The freedom of the recipients of media services to effectively choose the content they want to access is constrained by the way very large online platforms and very large search engines suggest, rank and prioritise information, for example by their recommender systems. As recognised inter alia by Regulation (EU) 2022/2065, ‘such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online […]’. In other words, the recommender systems imposed by very large online platforms and very large search engines hold substantial power over the flow of content online, and over recipients’ exposure to diversity and their capacity to freely and effectively select their information diet. To preserve media diversity and plurality online it is thus key to create the conditions for a diversity of recommender systems to be available to service recipients, and for the latter to have the possibility to change, in a simple and user-friendly manner, the default settings and the criteria used by recommender systems to pre-select the content to which recipients are exposed. These conditions can be created by imposing pro- competitive remedies to lower barriers to entry for recommender systems providers, such as those based on unbundling and interoperability.
Amendment 246 #
2022/0277(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Ensuring a consistent regulatory practice regardingn effective application of this Regulation and Directive 2010/13/EU is essential. For this purpose, and to contribute to ensuring a convergent implementation of EU media law, the Commission may issue guidelines on matters covered by both this Regulation and Directive 2010/13/EU when needed. When deciding to issue guidelines, the Commission should consider in particular regulatory issues affecting a significant number of Member States or those with a cross-border element. This is the case in particular for national measures taken under Article 7a of Directive 2010/13/EU on the appropriate prominence of audiovisual media services of general interest. In view of the abundance of information and the increasing use of digital means to access the media, it is important to ensure prominence for content of general interest, in order to help achieving a level playing field in the internal market and compliance with the fundamental right to receive information under Article 11 of the Charter of Fundamental Rights of the Union. Given the possible impact of the national measures taken under Article 7a on the functioning of the internal media market, guidelines by the Commission would be important to achieve legal certainty in this field. It would also be useful to provide guidance on national measures taken under Article 5(2) of Directive 2010/13/EU with a view to ensuring the public availability of accessible, accurate and up-to-date information related to media ownership. In the process of preparing its guidelines, the Commission should be assisted by the Board. The Board should in particular share with the Commission its regulatory, technical and practical expertise regarding the areas and topics covered by the respective guidelines.
Amendment 247 #
2022/0277(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory orequirements and self- regulatory requirecommitments they are subject to in the Member States. Therefore, also in view of users’ freedom of information, where providers of very large online platforms consider that content proviuploaded by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act], they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act] and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54. To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms should endeavour to submit the statement of reasons prior to the restriction taking effectwithout undue delay andwithout prejudice to their obligations under Regulation (EU) 2022/XXX [the Digital Services Act]. In particular, this Regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service, or in order to mitigate systemic risks posed by dissemination of certain content through its service, in compliance with Union law, in particular pursuant to Regulation (EU) 2022/XXX [the Digital Services Act]. _________________ 54 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57-79).
Amendment 249 #
2022/0277(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) It is furthermore justified, in view of an expected positive impact on freedom to provide services and freedom of expression, that where media service providers adhere to certain regulatory or self-regulatory standards, their complaints against decisions of providers of very large online platformscomplaints against unjustified removals of content made by representative bodies of media service providers, are treated with priority and without undue delay, in accordance with Regulation (EU) 2022/2065.
Amendment 252 #
2022/0277(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Media play a decisive role in shaping public opinion and helping citizens participate in democratic processes. This is why Member States should provide for rules and procedures in their legal systems to ensure assessment of media market concentrations, affecting the media market, including existing concentrations at the time of entry into force of this Regulation, that could have a significant impact on media pluralism or editorial independence. Such rules and procedures can have an impact on the freedom to provide media services in the internal market and need to be properly framed and be transparent, objective, proportionate and non-discriminatory. Media market concentrations subject to such rules should be understood as covering those which could result in a single entity controlling or having significant interests in media services which have substantial influence on the formation of public opinion in a given media market, within a media sub- sector or across different media sectors in one or more Member States. An important criterion to be taken into account is the reduction of competing views within that market as a result of the concentration.
Amendment 252 #
2022/0277(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) To this end, providers of very large online platforms should provide a functionality on their online interface to enable representative bodies of media service providers to declare that they meet certain requirements, while at the same time retaining the possibility not to accept such self-declaration where they consider that these conditions are not met. Providers of very large online platforms may rely on information regarding adherence to these requirements, such as the machine- readable standard of the Journalism Trust Initiative or other relevant codes of conduct. Guidelines by the Commission may be useful to facilitate an effective implementation of such functionality, including on modalities of involvement of relevant civil society organisations in the review of the declarations, on consultation of the regulator of the country of establishment, where relevant, and address any potential abuse of the functionality.
Amendment 253 #
2022/0277(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) National regulatory authorities or bodies, who have specific expertise in the area of media pluralism, should be involved in the assessment of the impact ofn media market concentrations on media pluralism and editorial independence of concentrations affecting the media market, including existing concentrations at the time of entry into force of this Regulation, where they are not the designated authorities or bodies themselves. In order to foster legal certainty and ensure that the rules and procedures are genuinely geared at protecting media pluralism and editorial independence, it is essential that objective, non-discriminatory and proportionate criteria for notifying and assessing the impact of media market concentrations on media pluralism and editorial independence are set out in advance.
Amendment 253 #
2022/0277(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Minimum harmonisations of rules regarding restrictions on media ownership across the European Union is one of the fundaments in order to guarantee a fair plurality and to protect fair competition among media services providers within the European media market and to uphold the right for consumers to receive variety of diverse information and opinions in an impartial and pluralistic manner. For this purpose, certain politically exposed persons, as defined in Article 3 of Directive (EU) 2015/849, such as heads of State, heads of government, ministers, deputy or assistant ministers, members of parliament or of similar legislative bodies, should after being appointed as such terminate their business relations with a media service provide.
Amendment 255 #
2022/0277(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) For the purpose of ensuring the protection of media freedom and pluralism, this Regulation should also apply to existing concentrations affecting the media market at the time of its entry into force.
Amendment 255 #
2022/0277(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Providers of very large online platforms should engage with media service providers that respect standards of credibility and transparency and that consider that restrictions on their content are frequently imposed by providers of where audits undertaken pursuant to Article 37 of Regulation (EU) 2022/2065 demonstrate that a VLOP’s content moderation practices are negativerly large online platforms without sufficient groundsimpacting freedom and pluralism of the media, in order to find an amicable solution for terminating any unjustified restrictions and avoiding them in the future. Providers of very large online platforms should engage in such exchanges in good faith, paying particular attention to safeguarding media freedom and freedom of information.
Amendment 258 #
2022/0277(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Building on the useful role played by ERGA in monitoring compliance by the signatories of EU Code of Practice on Disinformation, the Board should, at least on a yearly basis, organise a structured dialogue between providers of very large online platforms, representatives of media service providers and representatives of civil society to foster access to diverse offers of independent media on very large online platforms, discuss experience and best practices related to the application of the relevant provisions of this Regulation and to monitor adherence tocompliance with self- regulatory initiatives aimed at protecting society from harmful content, including those aimed at countering disinformation. The Commission may, where relevant, examine the reports on the results of such structured dialogues when assessing systemic and emerging issues across the Union under Regulation (EU) 2022/XXX [Digital Services Act] and may ask the Board to support it to this effect.
Amendment 260 #
2022/0277(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The freedom of the recipients of media services to effectively choose the content they want to access is also constrained by the way very large online platforms and very large search engines suggest, rank and prioritise information, for example by their recommender systems. As recognised inter alia by Regulation 2022/2065 the [DSA- Recital 70 among others], ‘such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online […]’. In other words, the recommender systems imposed by very large online platforms and very large search engines hold substantial power over the flow of content online, and over recipients’ exposure to diversity, and their capacity to freely and effectively select their information diet. To preserve media diversity and plurality online it is thus key to create the conditions for a diversity of recommender systems to be available to service recipients, and for the latter to have the possibility to change, in a simple and user-friendly manner, the default settings and the criteria used by recommender systems to pre-select the content to which recipients are exposed to. These conditions can be created by imposing pro-competitive remedies to lower barriers to entry for recommender systems providers, such as those based on unbundling and interoperability.
Amendment 262 #
2022/0277(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU have specific practical expertise that allows them to effectively balance the interests of the providers and recipients of media services while ensuring the respect for the freedom of expression. This is key in particular when it comes to protecting the internal market from activities of media service providers originating from outside the Union (either established outside of the UnionEU, established outside the EU but under jurisdiction of an EU Member State through the Directive 2010/13/EU satellite criteria or established in the EU) irrespective of the means of distribution or access, that target or reach audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, they may prejudice or pose risks of prejudice to public security and defence. In this regard, the coordinperation between national regulatory authorities or bodies to face together possible public security and defence threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line with Union media legislation. In order to ensure that media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Additionally, it is necessary to coordinate the national measures that may be adopted to counter public security and defence threats by media services established outside of the Union and targeting audiences in the Union, including the possibility for the Board, in agreement with the Commission, to issue opinions on such measures, as appropriate. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
Amendment 264 #
2022/0277(COD)
Proposal for a regulation
Recital 37 b (new)
Recital 37 b (new)
(37b) Recipients of media services increasingly face difficulties in identifying who bears the editorial responsibility for the content or services they consume, in particular when they access media services through connected devices or online platforms. Failure to clearly indicate editorial responsibility for media content or services (e.g., through incorrect attribution of logos, trademarks, or other characteristic traits) deprives recipients of media services of the possibility to understand and assess the information they receive, which is a prerequisite for forming well-informed opinions and consequently to actively participate in democracy. Recipients of media services should therefore be enabled to easily identify the media service provider bearing the editorial responsibility over any given media service on all devices and user interfaces controlling or managing access to and use of media services.
Amendment 266 #
2022/0277(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Different legislative, regulatory or administrative measures can negatively affect the operation of media service providers in the internal market. They includemedia pluralism and editorial indpendence by restricting the possibility of media service providers in the internal market to provide access to a plurality of views and to reliable sources of information. Such measures can take various forms, for example, rules to limit the ownership of media companies by other companies active in the media sector or non-media related sectors; they also include, or decisions related to licensing, authorisation or prior notification for media service providers. In order to mitigate their potential negative impact on the functioning of the internal market for media services and enhance legal certainty, it is important that such measures comply with the principles of objective justification, transparency, non- discrimination and proportionality.
Amendment 268 #
2022/0277(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) In the case of audiovisual media services providers under jurisdiction of EU Member States pursuant to Article 2 of Directive 2010/13/EU, in order to ensure that audiovisual media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance, pursuant to an opinion of the Board, should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Following the request of the authority or body from another Member State, the competent national authority or body could be invited by the opinion of the Board to undertake certain measures, where the threats mentioned above are proven and are prejudicing or presenting a serious and grave risk of prejudice for several Member States or the Union. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
Amendment 270 #
2022/0277(COD)
Proposal for a regulation
Recital 30 b (new)
Recital 30 b (new)
(30b) As any measures limiting the freedom of media and of speech can only be envisaged in highly exceptional and justified cases, the implication of the Board should be limited to what is strictly necessary and in line with international and European standards, therefore should be triggered following a request of a minimum number of Board members to be defined in the Board’s Rules of procedure. Once adopted, the opinions of the Board should be taken into utmost account by the national regulatory authorities or bodies concerned.
Amendment 271 #
2022/0277(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) It is also key that the Board is empowered to issue an opinion, on its own initiative or at the Commission’s request, where national measures are likely to affect the functioning of the internal market for media services. This is, for example, the case when a national administrative measure is addressed to a media service provider providing its services towards more than one Member State, or when the concerned media service provider has a significant influence on the formation of public opinion in that Member State.
Amendment 273 #
2022/0277(COD)
Proposal for a regulation
Recital 30 c (new)
Recital 30 c (new)
(30c) In order to foster the coherence of decisions and facilitate the eventual cooperation between national regulatory authorities or bodies, the Board should develop a set of basic criteria on the service provider and the service provided. Those criteria should be used by national regulatory authorities or bodies, when a media service provider originating from outside of the Union seeks jurisdiction in one of the Member States, or when it is already under the jurisdiction of a Member State.
Amendment 274 #
2022/0277(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Media play a decisive role in shaping public opinion and helping citizens participate in democratic processes. This is why Member States should provide for rules and procedures in their legal systems to ensure ex-ante and ex-post quality assessments of media market concentrations affecting the media market that could have a significant impact on media pluralism or editorial independence, including existing concentrations at the time of entry into force of this Regulation. Such rules and procedures can have an impact on the freedom to provide media services in the internal market and need to be properly framed and be transparent, objective, proportionate and non-discriminatory. Media market concentrations subject to such rules should be understood as covering those which could result in a single entity controlling or having significant interests in media services which have substantial influence on the formation of public opinion in a given media market, within a media sub- sector or across different media sectors in one or more Member States. An important criterion to be taken into account is the reduction of competing views within that market as a result of the concentration. Taking such measures is essential, in order to guarantee access, competition and quality and avoid conflicts of interests between media ownership concentration and political power, which are detrimental to free competition, a level playing field and pluralism. A detailed assessment of such media market concentrations capable of distorting media pluralism and competition should always be made by the competent national regulatory authorities or other bodies without any political interference.
Amendment 276 #
2022/0277(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) National regulatory authorities or bodies, who have specific expertise in the area of media pluralism, should be involved in the assessment of the impact of media market concentrationsconcentrations affecting the media market that could have an impact on media pluralism and editorial independence, including existing concentrations at the time of entry into force of this Regulation, where they are not the designated authorities or bodies themselves. In order to foster legal certainty and ensure that the rules and procedures are genuinely geared at protecting media pluralism and editorial independence, it is essential that objective, non-discriminatory and proportionate criteria for notifying and assessing the impact of media market concentrations on media pluralism and editorial independence are set out in advance.
Amendment 278 #
2022/0277(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) For the purpose of ensuring the protection of media freedom and pluralism, this Regulation should also apply to existing concentrations affecting the media market at the time of its entry into force.
Amendment 279 #
2022/0277(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) When a media market concentration constitutes a concentration falling within the scope of Council Regulation (EC) No 139/200455, the application of this Regulation or of any rules and procedures adopted by Member States on the basis of this Regulation should not affect the application of Article 21(4) of Regulation (EC) No 139/2004. Any measures taken by the designated or involved national regulatory authorities or bodies based on their assessments of the impact of media marketconcentrations concentrations affecting the media market that could have an impacton media pluralism and editorial independence should therefore be aimed at protecting legitimate interests within the meaning of Article 21(4), third subparagraph, of Regulation (EC) No 139/2004, and should be in line with the general principles and other provisions of Union law. _________________ 55 Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1-22).
Amendment 280 #
2022/0277(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) The Board should be empowered to provide opinions on draft decisions or opinions by the designated or involved national regulatory authorities or bodies, where the notifiableat its own initiative, or upon request, and conduct assessments of concentrations may affect the functioning of the internal media market. This would be the case, for example, where such concentrations involve at least one undertaking established in another Member State or operating in more than one Member State or result in media service providers having a significant influence on formation of public opinion in a given media market. Moreover, that could have a significant impact on media pluralism and editorial independence, including existing concentrations at the entry into force of the present Regulation. Democratic processes across the EU are rooted in national media markets, whereas national democratic processes spill over to EU level governance. Accordingly, it is necessary to have appropriate measures to enforce and protect democratic processes both at national and EU level. Moreover, the Board should provide an assessment where the concentration has not been assessed for its impact on media pluralism and editorial independence by the relevant national authorities or bodies, or where the national regulatory authorities or bodies have not consulted the Board regarding a given media market concentration, but that media market concentration is considered likely to affect the functioning of the internal market for media services, the Board should be able to provide an opinion, upon request of the Commissionor where the National Competition Authorities do not impose proportionate remedies for concentrations distorting competitions. The Commission must respond to the reasoned call of the Board. In any event, the Commission retains the possibility to issue its own opinions following the opinions drawn up by the Board.
Amendment 283 #
2022/0277(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory orequirements and self- regulatory requirecommitments they are subject to in the Member States. Therefore, also in view of users’ freedom of information, where providers of very large online platforms consider that content proviuploaded by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act], they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act] and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54. To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms should endeavour to submit the statement of reasons prior to the restriction taking effectwithout undue delay andwithout prejudice to their obligations under Regulation (EU) 2022/XXX [the Digital Services Act]. In particular, this Regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service, or in order to mitigate systemic risks posed by dissemination of certain content through its service, in compliance with Union law, in particular pursuant to Regulation (EU) 2022/XXX [the Digital Services Act]. _________________ 54 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57-79).
Amendment 284 #
2022/0277(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) In order to ensure the full and lasting achievement of the objectives of this Regulation, the Commission should be able to assess whether undertakings which are part of a media market concentration haves systematically infringed the obligations laid down in this Regulation and that there is a clear risk of seriously undermining the independence, plurality and freedom of the media. Such assessment should be based on media market investigations to be carried out in an appropriate timeframe. In order to maintain or restore the independence, plurality and freedom of media as affected by the systematic non-compliance from undertakings which are part of a media market concentration, the Commission should have the power to impose any remedy, whether behavioural or structural, having due regard to the principle of proportionality. In this context, the Commission should have the power to prohibit, to the extent that such remedy is proportionate and necessary and during a limited period, that the undertakings part of the media market concentration under investigation remain or enter into further media market concentration. The power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of imposing remedies which are proportionate and necessary to ensure effective compliance with this Regulation and the protection of media freedom, pluralism and independence.
Amendment 285 #
2022/0277(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) With a view to ensuring pluralistic media markets, the national authorities or bodies and the Board should take account of a set of criteria as well as the criteria that should take precedence or prevail in case of conflicts. In particular, impact on media pluralism should be considered, including notably the effect on the formation of public opinion, taking into account of the online environment. Concurrently, it should be considered whether other media outlets, providing different and alternative content, would still coexist in the given market(s) after the media market concentration in question. Assessment of safeguards for editorial independence should include the examination of potential risks of undue interference by the prospective owner, management or governance structure in the individual editorial decisions of the acquired or merged entity. The existing or envisaged internal safeguards aimed at preserving independence of the individual editorial decisions within the media undertakings involved should also be taken into account. Furthermore, the results of the annual Commission Rule of Law report presented in the chapters on press freedom as well as the risk assessment made annually by instruments such as the Media Pluralism Monitor should be considered in determining the overall climate for media and the effects of the concentration in question over media pluralism and editorial independence, under these specific conditions. In assessing the potential impacts, the effects of the concentration in question on the economic sustainability of the entity or entities subject to the concentration should also be considered and whether, in the absence of the concentration, they would be economically sustainable, in the sense that they would be able in the medium term to continue to provide and further develop financially viable, adequately resourced and technologically adapted quality media services in the market.
Amendment 288 #
2022/0277(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) It is furthermore justified, in view of an expected positive impact on freedom to provide services and freedom of expression, that where media service providers adhere to certain regulatory or self-regulatory standards, their complaints against decisions ofcomplaints against unjustified removals of content made by representative bodies of media service providers of very large online platformstreated are treated with priority and without undue delay, in accordance with Regulation (EU) 2022/2065.
Amendment 289 #
2022/0277(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future production, buying, planning or selling of content. Accordingly, media market players, in particular media service providers and advertisers, should be able to rely on objective audience data stemming from transparent, unbiased and verifiable audience measurement solutions, which should be in compliance with EU data protection and privacy rules. However, certain new players that have emerged in the media ecosystem provide their own measurement services without making available information on their methodologies. This could result in information asymmetries among media market players and in potential market distortions, to the detriment of equality of opportunities for media service providers in the market.
Amendment 291 #
2022/0277(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) To this end, providers of very large online platforms should provide a functionality on their online interface to enable representative bodies of media service providers to declare that they meet certain requirements, while at the same time retaining the possibility not to accept such self-declaration where they consider that these conditions are not met. Providers of very large online platforms may rely on information regarding adherence to these requirements, such as the machine- readable standard of the Journalism Trust Initiative or other relevant codes of conduct. Guidelines by the Commission may be useful to facilitate an effective implementation of such functionality, including on modalities of involvement of relevant civil society organisations in the review of the declarations, on consultation of the regulator of the country of establishment, where relevant, and address any potential abuse of the functionality.
Amendment 293 #
2022/0277(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) In order to enhance the verifiability, comparability and reliability of audience measurement methodologies, in particular online, transparency obligations should be laid down for providers of audience measurement systems that do not abide by the industry benchmarks agreed within the relevant self-regulatory bodies. Under these obligations, such actors, when requested and to the extent possible, should provide advertisers and media service providers or parties acting on their behalf, with information describing the methodologies employed for the measurement of the audience. Such information could consist in providing elements, such as the size of the sample measured, the definition of the indicators that are measured, the metrics, the measurement methods and the margin of error as well as the measurement period. The obligations imposed under this Regulation are without prejudice to audiences’ right to protection of personal data as provided by Article 8 of the Charter of Fundamental Rights read in conjunction with Regulation 2016/679 (General Data Protection Regulation) as well as to any obligations that apply to providers of audience measurement services under Regulation 2019/1150 or Regulation (EU) 2022/XX1925 [Digital Markets Act], including those concerning ranking or self- preferencing.
Amendment 296 #
2022/0277(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Codes of conduct, drawn up either by the providers of audience measurement systems or by organisations or associations representing them, together with media service providers and/or their representatives, civil society organisations and other relevant stakeholders can contribute to the effective application of this Regulation and should, therefore, be encouraged. Self- regulation has already been used to foster high quality standards in the area of audience measurement. Its further development could be seen as an effective tool for the industry with the support of national regulatory authorities or bodies to agree on the practical solutions needed for ensuring compliance of audience measurement systems and their methodologies with the principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability. When drawing up such codes of conduct, in consultation with all relevant stakeholders and notably media service providersmentioned above, account could be taken in particular of the increasing digitalisation of the media sector and the objective of achieving a level playing field among media market players.
Amendment 299 #
2022/0277(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Providers of very large online platforms should engage with media service providers that respect standards of credibility and transparency and that consider that restrictions on their content are frequently imposed by providers of , where audits undertaken pursuant to 37 of Regulation (EU) 2022/2065 demonstrate that a VLOP’s content moderation practices is negativerly large online platforms without sufficient groundsimpacting freedom and pluralism of the media, in order to find an amicable solution for terminating any unjustified restrictions and avoiding them in the future. Providers of very large online platforms should engage in such exchanges in good faith, paying particular attention to safeguarding media freedom and freedom of information.
Amendment 300 #
2022/0277(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) State advertising isand other state financial support are an important source of revenue for many media service providers, and contributinge to their economic sustainability. Access to it must be granted in a non-discriminatory way to any media service provider from any Member State which can adequately reach some or all of the relevant members of the public, in order to ensure equal opportunities in the internal market. Moreover, State advertisingMoreover, State advertising and other state financial support may make media service providers vulnerable to undue state influence to the detriment of the freedom to provide services and fundamental rights. Opaque and biased allocation of state advertising and other state financial support is therefore a powerful tool to exert influence or ‘capture’ media service providers. The distribution and transparency of state advertising and other state financial support are in some regards regulated through a fragmented framework of media- specific measures and general public procurement laws, which, however, may not cover all state advertising expenditure nor do not offer sufficient protection against preferential or biased distribution. In particular, Directive 2014/24/EU of the European Parliament and of the Council56does not apply to public service contracts for the acquisition, development, production or co-production of programme material intended for audiovisual media services or radio media services. Media-specific rules on state advertising or other state financial support, where they exist, diverge significantly from one Member State to another. _________________ 56 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65-242).
Amendment 302 #
2022/0277(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Providers of online platforms are increasingly competing with media service providers for the purpose of state advertising and other financial support. In order to ensure undistorted competition between media service providers and providers of online platforms and to avoid the risk of covert subsidies and of undue political influence on the media, it is necessary to establish common requirementand on online platforms, it is of particular importance that fair and transparent rules on the criteria for the allocation of state financial support and state advertising are in place, as well as them being effectively implemented. These criteria should follow principles of transparency, objectivity, proportionality and non- discrimination in the allocation of state advertising and of state resources to media service providers and of providers of online platforms for the purpose of purchasing goods or services from them other than state advertising, including the requirement to publish information on the beneficiaries of state advertising expenditure and the amounts spent. It is important that Member States make the necessary information related to state advertising. It is important that Member States make the necessary information, including beneficiaries and amounts spent, related to state advertising and other state financial support publicly accessible in an electronic format that is easy to view, access and download, in compliance with Union and national rules on commercial confidentiality. This Regulation shall not affect the application of the State aid rules, which are applied on a case-by-case basis.
Amendment 303 #
2022/0277(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Building on the useful role played by ERGA in monitoring compliance by the signatories of EU Code of Practice on Disinformation, the Board should, at least on a yearly basis, organise a structured dialogue between providers of very large online platforms, representatives of media service providers and representatives of civil society to foster access to diverse offers of independent media on very large online platforms, discuss experience and best practices related to the application of the relevant provisions of this Regulation and to monitor adherence tocompliance with self- regulatory initiatives aimed at protecting society from harmful content, including those aimed at countering disinformation. The Commission may, where relevant, examine the reports on the results of such structured dialogues when assessing systemic and emerging issues across the Union under Regulation (EU) 2022/XXX [Digital Services Act] and may ask the Board to support it to this effect.
Amendment 305 #
2022/0277(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Risks to the functioning and resilience of the internal media market should be regularly monitored as part of the efforts to improve the functioning of the internal market for media services. Such monitoring should aim at providing detailed data and qualitative assessments on the resilience of the internal market for media services, including as regards the degree of concentration of the market also at national and regional level and risks of foreign information manipulation and interference. It should be conducted independently, on the basis of a robust list of key performance indicators, developed and regularly updated by the Commission, in consultation with the Board. Given the rapidly evolving nature of risks and technological developments in the internal media market, the monitoring should include forward-looking exercises such as stress tests to assess the prospective resilience of the internal media market, to alert about vulnerabilities around media pluralism and editorial independence, and to help efforts to improve governance, data quality and risk management. In particular, the level of cross-border activity and investment, regulatory cooperation and convergence in media regulation, obstacles to the provision of media services, including in a digital environment, as well as transparency and fairness of allocation of economic resources in the internal media market should be covered by the monitoring. It should also consider broader trends in the internal media market and national media markets as well as national legislation affecting media service providers. In addition, the monitoring should provide an overview of measures taken by media service providers with a view to guaranteeing the independence of individual editorial decisions, including those proposed in the accompanying Recommendation. In order to ensure the highest standards of such monitoring, the Board, as it gathers entities with a specialised media market expertise, should be duly involved.
Amendment 306 #
2022/0277(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) The Commission should be able to take the necessary actions to monitor the effective implementation of and compliance with the obligations laid down in this Regulation. To prepare the ground for a correct implementation of this Regulation, its provisions concerning independent media authorities, the Board and the required amendments to Directive 2010/13/EU (Articles 7 to 12 and 27 of this Regulation) should apply 3 months after the entry into force of the Act, while all other provisions of this Regulation will apply 6 months after the entry into force of this Regulation. In particular, this is needed to ensure that the Board will be established in time to ensure a successful implementation of the Regulation.
Amendment 311 #
2022/0277(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The freedom of the recipients of media services to effectively choose the content they want to access is also constrained by the way very large online platforms and very large search engines suggest, rank and prioritise information, for example by their recommender systems. As recognised inter alia by Regulation 2022/2065 the [DSA- Recital 70 among others], ‘such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online […]’. In other words, the recommender systems imposed by very large online platforms and very large search engines hold substantial power over the flow of content online, and over recipients’ exposure to diversity, and their capacity to freely and effectively select their information diet. To preserve media diversity and plurality online it is thus key to create the conditions for a diversity of recommender systems to be available to service recipients, and for the latter to have the possibility to change, in a simple and user-friendly manner, the default settings and the criteria used by recommender systems to pre-select the content to which recipients are exposed to. These conditions can be created by imposing pro-competitive remedies to lower barriers to entry for recommender systems providers, such as those based on unbundling and interoperability.
Amendment 312 #
2022/0277(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation shall not affect the possibility for Member States to adopt more detailed rules in the fields covered by Chapter II and Section 5 of Chapter III and Article 24, provided that those rules comply with Union law.
Amendment 314 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘media market concentration’ means a concentration as defined in Article 3 of Regulation (EC) No 139/2004 involving at least one media service provider and/or a concentration with an impact on pluralism in a national or in the EU market;
Amendment 318 #
2022/0277(COD)
Proposal for a regulation
Recital 37 b (new)
Recital 37 b (new)
(37b) Recipients of media services increasingly face difficulties in identifying who bears the editorial responsibility for the content or services they consume, in particular when they access media services through connected devices or online platforms. Failure to clearly indicate editorial responsibility for media content or services (e.g., through incorrect attribution of logos, trademarks, or other characteristic traits) deprives recipients of media services of the possibility to understand and assess the information they receive, which is a prerequisite for forming well-informed opinions and consequently to actively participate in democracy. Recipients of media services should therefore be enabled to easily identify the media service provider bearing the editorial responsibility over any given media service on all devices and user interfaces controlling or managing access to and use of media services.
Amendment 321 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘editorial decision’ means a decision taken on a regular basis for the purpose of exercising editorial responsibility and linked to the day-to-day operation of a media service provider;
Amendment 322 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘State advertising’ means the placement, publication or dissemination, in any media service, of a promotional or self-promotional message, normally in return for payment or for any other consideration, by, for or on behalf of any national or regional public authority, such aspublic authority at Union, national or regional level, such as the Commission and its agencies, national, federal or regional governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or regional level, or any local government of a territorial entity of more than 1 million inhabitants;
Amendment 323 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Amendment 324 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘editorial responsibility’ means the exercise of effective control both over the selection of the programmes or press publications, and other media content, and over their organisation, for the purposes of the provision of a media service, regardless of the existence of liability under national law for the service provided;
Amendment 325 #
2022/0277(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Different legislative, regulatory or administrative measures can negatively affect the operation of media service providers in the internal market. They include, for example,media pluralism and editorial independence by restricting the possibility of media service providers in the internal market to provide access to a plurality of views and to reliable sources of information. Such measures can take various forms such as rules to limit the ownership of media companies by other companies active in the media sector or non-media related sectors; they also include decisions related to licensing, authorisation or prior notification for media service providers. In order to mitigate their potential negative impact on the functioning of the internal market for media services and enhance legal certainty, it is important that such measures comply with the principles of objective justification, transparency, non- discrimination and proportionality.
Amendment 327 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9a) ‘provider of online platform’ means a hosting service as defined in article 3 (I) in the of Regulation (EU) 2022/2065
Amendment 333 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘media market concentration’ means a concentration as defined in Article 3 of Regulation (EC) No 139/2004 involving at least one media service providerparty in the media value chain;
Amendment 334 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘audience measurement’ means the activity of collecting, interpreting or otherwise processing data about the number and characteristics of users of media services and users of providers of online platforms for the purposes of decisions regarding advertising allocation or prices or the related buying, planning, production, selling or distribution of content;
Amendment 336 #
2022/0277(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) It is also key that the Board is empowered to issue an opinion, on its own initiative or at the Commission’s request, where national measures are likely to affect the functioning of the internal market for media services. This is, for example, the case when a national administrative measure is addressed to a media service provider providing its services towards more than one Member State, or when the concerned media service provider has a significant influence on the formation of public opinion in that Member State.
Amendment 339 #
2022/0277(COD)
(40) Media play a decisive role in shaping public opinion and helping citizens participate in democratic processes. This is why Member States should provide for rules and procedures in their legal systems to ensure ex-ante and ex-post quality assessment of media market concentrations affecting the media market that could have a significant impact on media pluralism or editorial independence, including existing concentrations at the time of entry into force of this Regulation. Such rules and procedures can have an impact on the freedom to provide media services in the internal market and need to be properly framed and be transparent, objective, proportionate and non-discriminatory. Media market concentrations subject to such rules should be understood as covering those which could result in a single entity controlling or having significant interests in media services which have substantial influence on the formation of public opinion in a given media market, within a media sub- sector or across different media sectors in one or more Member States. An important criterion to be taken into account is the reduction of competing views within that market as a result of the concentration. Taking such measures is essential, in order to guarantee access, competition and quality and avoid conflicts of interests between media ownership concentration and political power, which are detrimental to free competition, a level playing field and pluralism. A detailed assessment of such media market concentrations capable of distorting media pluralism and competition should always be made by the competent national regulatory authorities or other bodies without any political interference.
Amendment 341 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘State advertising’ means the placement, publication or dissemination, in any media service, of ar promotional or self-vider of online platform, of a promotional message, normally in return for payment or for any other consideration, by, for or on behalf of any Union, national or, regional or local public authority, such as the Commission and its agencies, national, federal or, regional and local governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or, regional level, or any local government of a territorial entity of more than 1 million inhabitantsor local level;
Amendment 343 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘spyware’ means any product with digital elements specially designed to exploit vulnerabilities in other products with digital elements that enables the covert surveillance of natural or legal persurveillance technologies' means any electronic, mechanical, or other surveillance device that enables the acquisition of informations by monitoring, extracting, collecting or analysing data from such products or from the natural or legal persons using such products, in particular by secretly recording calls or otherwise using the microphone of an end-user device, filming natural persons, machines or their surroundings, copying messages, photographing, tracking browsing activity, tracking geolocation, collecting other sensor data or tracking activities across multiple end-user devicesof any information and communication technology, without the natural or legal person concerned being made aware in a specific manner and having given their express specific, free and informed consent in that regard;
Amendment 344 #
2022/0277(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) National regulatory authorities or bodies, who have specific expertise in the area of media pluralism, should be involved in the assessment of the impact of media market concentrations on media pluralism and editorial independenceconcentrations affecting the media market that could have an impact on media pluralism and editorial independence, including existing concentrations at the time of entry into force of this Regulation, where they are not the designated authorities or bodies themselves. In order to foster legal certainty and ensure that the rules and procedures are genuinely geared at protecting media pluralism and editorial independence, it is essential that objective, non-discriminatory and proportionate criteria for notifying and assessing the impact of media market concentrations on media pluralism and editorial independence are set out in advance.
Amendment 345 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Public service media providers shall provide in an impartialndependent manner a plurality of information and opinions to their audiences, in accordance with their public service missionremit.
Amendment 348 #
2022/0277(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) For the purpose of ensuring the protection of media freedom and pluralism, this Regulation should also apply to existing concentrations affecting the media market at the time of its entry into force.
Amendment 350 #
2022/0277(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) When a media market concentration constitutes a concentration falling within the scope of Council Regulation (EC) No 139/200455, the application of this Regulation or of any rules and procedures adopted by Member States on the basis of this Regulation should not affect the application of Article 21(4) of Regulation (EC) No 139/2004. Any measures taken by the designated or involved national regulatory authorities or bodies based on their assessments of the impact of media marketconcentrations concentrations affecting the media market that could have an impacton media pluralism and editorial independence should therefore be aimed at protecting legitimate interests within the meaning of Article 21(4), third subparagraph, of Regulation (EC) No 139/2004, and should be in line with the general principles and other provisions of Union law. _________________ 55 Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1-22).
Amendment 352 #
2022/0277(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 352 #
2022/0277(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) The Board should be empowered to provide opinions on draft decisions or opinions by the designated or involved national regulatory authorities or bodies, where the notifiableand, at its own initiative or upon request, conduct assessments of concentrations may affect the functioning of the internal media market. This would be the case, for example, where such concentrations involve at least one undertaking established in another Member State or that could have a significant impact on media pluralism and editorial independence, including existing concentrations at the entry into force of the present Regulation. Democratic processes across the EU are rooted in national media markets, whereas national democratic processes spill opverating in more than one Member State or result in media service providers having a significant influence on formation of public opinion to EU level governance. As a consequence, concentrations that are purely national could have a significant impact on media pluralism at the EU level. Accordingly, in order to achieve the objectives of this Regulation, it is necessary to have appropriate measures to assess the national and cross-border concentrations aiming a given media market. Moreover,t enforcing and protecting democratic processes both at national and EU level. Moreover, the Board should provide an assessment where the concentration has not been assessed for its impact on media pluralism and editorial independence by the relevant national authorities or bodies, or where the national regulatory authorities or bodies have not consulted the Board regarding a given media market concentration, but that media market concentration is considered likely to affect the functioning of the internal market for media services, the Board should be able to provide an opinion, upon request of the Commission or where the National Competition Autohrities do not impose proportionate remedies for concentrations distorting competitions. The Commission must respond to the reasoned call of the Board. In any event, the Commission retains the possibility to issue its own opinions following the opinions drawn up by the Board.
Amendment 353 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point a
Article 2 – paragraph 1 – point 17 – point a
(a) terrorism, as defined in Directive (EU) 2017/541 of the European Parliament and of the Council,
Amendment 354 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Media service providers providing news and current affairs content shall make easily and directly accessible to the recipients of their servicesshall make, in line with accessibility requirements, easily and publically available the following up-to-date information:
Amendment 355 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point h
Article 2 – paragraph 1 – point 17 – point h
Amendment 356 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the name(s) and contact details of their beneficial owners within the meaning of Article 3, point 6 of Directive (EU) 2015/849 of the European Parliament and of the Council.
Amendment 356 #
2022/0277(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) In order to ensure the full and lasting achievement of the objectives of this Regulation, the Commission should be able to assess whether undertakings which are part of a media market concentration hasve systematically infringed the obligations laid down in this Regulation and that there is a clear risk of seriously undermining the independence, plurality and freedom of the media. Such assessment should be based on media market investigations to be carried out in an appropriate timeframe. In order to maintain or restore the independence, plurality and freedom of media as affected by the systematic non-compliance from undertakings which are part of a media market concentration, the Commission should have the power to impose any remedy, whether behavioural or structural, having due regard to the principle of proportionality. In this context, the Commission should have the power to prohibit, to the extent that such remedy is proportionate and necessary and during a limited period, that the undertakings part of the media market concentration under investigation remain or enter into a further media market concentration. The power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of imposing remedies which are proportionate and necessary to ensure effective compliance with this Regulation and the protection of media freedom, pluralism and independence.
Amendment 357 #
2022/0277(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Rights of recipients of media services to receive and impart information
Amendment 358 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) information on the nature and the extent of the interest and links held by the beneficial owners and family members known to be close associates as defined in Article 3 points 9, 10, 11 of Directive (EU) 2015/849 in other media, other media enterprises and even in other economic sectors;
Amendment 359 #
2022/0277(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) With a view to ensuring pluralistic media markets, the national authorities or bodies and the Board should take account of a set of criteria as well as the criteria should take precedence or prevail in case of conflicts. In particular, impact on media pluralism should be considered, including notably the effect on the formation of public opinion, taking into account of the online environment. Concurrently, it should be considered whether other media outlets, providing different and alternative content, would still coexist in the given market(s) after the media market concentration in question. Assessment of safeguards for editorial independence should include the examination of potential risks of undue interference by the prospective owner, management or governance structure in the individual editorial decisions of the acquired or merged entity. The existing or envisaged internal safeguards aimed at preserving independence of the individual editorial decisions within the media undertakings involved should also be taken into account. Furthermore, the results of the annual Commission Rule of Law report presented in the chapters on press freedom as well as the risk assessment made annually by instruments such as the Media Pluralism Monitor should be considered in determining the overall climate for media and the effects of the concentration in question over media pluralism and editorial independence, under these specific conditions. In assessing the potential impacts, the effects of the concentration in question on the economic sustainability of the entity or entities subject to the concentration should also be considered and whether, in the absence of the concentration, they would be economically sustainable, in the sense that they would be able in the medium term to continue to provide and further develop financially viable, adequately resourced and technologically adapted quality media services in the market.
Amendment 359 #
2022/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 361 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
Article 6 – paragraph 1 – point c b (new)
(cb) information regarding the state support measures granted to the media
Amendment 362 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c c (new)
Article 6 – paragraph 1 – point c c (new)
(cc) whether and to what extent their direct or beneficial ownership is held by the government, a state institution, a state-owned enterprise or other public body;
Amendment 364 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. Member States shall entrust a relevant national regulatory authority or body with developing and maintaining a dedicated online media ownership database, containing disaggregated data about different types of media, as defined in paragraph 1, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge, and to produce regular reports on the ownership of media services under the jurisdiction of a given Member State.
Amendment 364 #
2022/0277(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future production, buying, planning or selling of content. Accordingly, media market players, in particular media service providers and advertisers, should be able to rely on objective audience data stemming from transparent, unbiased and verifiable audience measurement solutions, which should be in compliance with EU data protection and privacy rules. However, certain new players that have emerged in the media ecosystem provide their own measurement services without making available information on their methodologies. This could result in information asymmetries among media market players and in potential market distortions, to the detriment of equality of opportunities for media service providers in the market.
Amendment 365 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 d (new)
Article 6 – paragraph 1 d (new)
1d. Media service providers shall submit the information defined in paragraph 1, to the national databases of media ownership established according to paragraph 3 within 90 days after any change of any information regarding their ownership.
Amendment 366 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 e (new)
Article 6 – paragraph 1 e (new)
1e. National regulatory authorities or bodies shall submit data provided according to paragraph 3 to the European Database of Media Ownership on quarterly basis.
Amendment 373 #
2022/0277(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) In order to enhance the verifiability, comparability and reliability of audience measurement methodologies, in particular online, transparency obligations should be laid down for providers of audience measurement systems that do not abide by the industry benchmarks agreed within the relevant self-regulatory bodies. Under these obligations, such actors, when requested and to the extent possible, should provide advertisers and media service providers or parties acting on their behalf, with information describing the methodologies employed for the measurement of the audience. Such information could consist in providing elements, such as the size of the sample measured, the definition of the indicators that are measured, the metrics, the measurement methods and the margin of error as well as the measurement period. The obligations imposed under this Regulation are without prejudice to audiences’ right to protection of personal data as provided by Article 8 of the Charter of Fundamental Rights read in conjunction with Regulation 2016/679 (General Data Protection Regulation) as well as any obligations that apply to providers of audience measurement services under Regulation 2019/1150 or Regulation (EU) 2022/XX [Digital Markets Act]1925, including those concerning ranking or self- preferencing.
Amendment 376 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) ensure disclosure of any actual or potential conflict of interest by any party having a stake in media service providers that may affect the provision of news and current affairs content.
Amendment 378 #
2022/0277(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Codes of conduct, drawn up either by the providers of audience measurement systems or by organisations or associations representing them, together with media service providers and/or their representatives, civil society organisations and other relevant stakeholders can contribute to the effective application of this Regulation and should, therefore, be encouraged. Self- regulation has already been used to foster high quality standards in the area of audience measurement. Its further development could be seen as an effective tool for the industry with the support of national regulatory authorities or bodies to agree on the practical solutions needed for ensuring compliance of audience measurement systems and their methodologies with the principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability. When drawing up such codes of conduct, in consultation with all relevant stakeholders and notably media service providersmentiones above, account could be taken in particular of the increasing digitalisation of the media sector and the objective of achieving a level playing field among media market players.
Amendment 380 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) detain, sanction, intercept, subject to surveillance or search and seizure, or inspect media service providers or their employees or, if applicable, their family members, or any otheir employees or their family members, or their corporate and private premises, on the ground that they refuse to disclose information on their sources, unless this is justified by an overriding requirement in the public interest,subject belonging to their professional or private network of relationships, their sources, or their corporate and private premises, unless the following cumulative conditions are fulfilled: (i) the interference is justified for the prevention, investigation or prosecution of a serious criminal offence listed in Article 2(17) of this Regulation; and (ii) the interference is, ex ante, ordered exclusively by an independent and impartial judicial authority with effective remedial measures. To this end, a prior review is carried out on a case by-case basis by an independent and impartial court delivering a duly reasoned decision based on a fair balance between the interests of enforcing criminal law and the fundamental rights affected by the measure, including in case of disclosure of journalistic sources; and (iii) the measure is provided for by law in accordance with Article 52(1) of the Charter and in compliance with other Union law, and is proportionate in respect to the legitimate aim pursued; and (iv) the defence rights and the right to access to effective legal remedies are ensured in accordance with Article 52(1)47 of the Charter and in compliance with other Union law;.
Amendment 383 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The obligations under this Articleparagraph 1 point d, e, f shall not apply to media service providers that are micro enterprises within the meaning of Article 3 of Directive 2013/34/EU.
Amendment 384 #
2022/0277(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Media Ownership Restrictions 1. Politically exposed persons, falling under points 9a, point 9b of Article 3 of Directive (EU) 2015/849 shall not be beneficial owners, as defined in Directive (EU) 2015/849, of any press publications, or audiovisual media service. 2. When a person becomes a politically exposed person, they shall terminate the operation of the media service provider or shall terminate the business relationship, which allow for exercising influence over the media service provider, with the media service provider without undue delay, but not later than 60 days after becoming a politically exposed person.
Amendment 384 #
2022/0277(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) State advertising isand other state financial support are an important source of revenue for many media service providers, and contributinge to their economic sustainability. Access to it must be granted in a non-discriminatory way to any media service provider from any Member State which can adequately reach some or all of the relevant members of the public, in order to ensure equal opportunities in the internal market. Moreover, State advertisingMoreover, State advertising and other state financial support may make media service providers vulnerable to undue state influence to the detriment of the freedom to provide services and fundamental rights. Opaque and biased allocation of state advertising and other state financial support is therefore a powerful tool to exert influence or ‘capture’ media service providers. The distribution and transparency of state advertising and other state financial support are in some regards regulated through a fragmented framework of media- specific measures and general public procurement laws, which, however, may not cover all state advertising expenditure nor do not offer sufficient protection against preferential or biased distribution. In particular, Directive 2014/24/EU of the European Parliament and of the Council56does not apply to public service contracts for the acquisition, development, production or co-production of programme material intended for audiovisual media services or radio media services. Media-specific rules on state advertising or other state financial support, where they exist, diverge significantly from one Member State to another. _________________ 56 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65-242).
Amendment 386 #
2022/0277(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Providers of online platforms are increasingly competing with media service providers for the purpose of state advertising and other financial support. In order to ensure undistorted competition between media service providers and with providers of online platforms and to avoid the risk of covert subsidies and of undue political influence on the media, it is necessary to establish common requirement and on online platforms, it is of particular importance that fair and transparent rules on the criteria for the allocation of state financial support and state advertising are in place, as well as their being effectively implemented. These criteria should follow principles of transparency, objectivity, proportionality and non- discrimination in the allocation of state advertising and of state resources to media service providers and of providers of online platforms for the purpose of purchasing goods or services from them other than state advertising, including the requirement to publish information on the beneficiaries of state advertising expenditure and the amounts spent. It is important that Member States make the necessary information related to state advertising. It is important that Member States make the necessary information, including beneficiaries and amounts spent related to state advertising and other state financial support publicly accessible in an electronic format that is easy to view, access and download, in compliance with Union and national rules on commercial confidentiality. This Regulation shall not affect the application of the State aid rules, which are applied on a case-by-case basis.
Amendment 391 #
2022/0277(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Risks to the functioning and resilience of the internal media market should be regularly monitored as part of the efforts to improve the functioning of the internal market for media services. Such monitoring should aim at providing detailed data and qualitative assessments on the resilience of the internal market for media services, including as regards the degree of concentration of the market also at national and regional level and risks of foreign information manipulation and interference. It should be conducted independently, on the basis of a robust list of key performance indicators, developed and regularly updated by the Commission, in consultation with the Board. Given the rapidly evolving nature of risks and technological developments in the internal media market, the monitoring should include forward-looking exercises such as stress tests to assess the prospective resilience of the internal media market, to alert about vulnerabilities around media pluralism and editorial independence, and to help efforts to improve governance, data quality and risk management. In particular, the level of cross-border activity and investment, regulatory cooperation and convergence in media regulation, obstacles to the provision of media services, including in a digital environment, as well as transparency and fairness of allocation of economic resources in the internal media market should be covered by the monitoring. It should also consider broader trends in the internal media market and national media markets as well as national legislation affecting media service providers. In addition, the monitoring should provide an overview of measures taken by media service providers with a view to guaranteeing the independence of individual editorial decisions, including those proposed in the accompanying Recommendation. In order to ensure the highest standards of such monitoring, the Board, as it gathers entities with a specialised media market expertise, should be duly involved.
Amendment 394 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) deploy spyware in any device or machine used byforce access to or perform any other hacking operations on any device or machine, or deploy surveillance technologies against media service providers or their employees or, if applicable, their family members, or their employees or any otheir family members, unless the deployment is justified, on a case-by-case basis, on grounds of national security and is in compliance with Article 52(1) of the Charter and other Union law or the deployment occurs in serious crimes investigations of one of the aforementioned persons, it is provided for under national law and is in compliance with Article 52(1) of the Charter and other Union law, and measures adopted pursuant to sub-paragraph (b) would be inadequate and insufficient to obtain the information soughtsubject belonging to their professional or private network of relationships, or their sources, where that might lead to a violation of professional secrecy and legal professional privilege.
Amendment 395 #
2022/0277(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) The Commission should be able to take the necessary actions to monitor the effective implementation of and compliance with the obligations laid down in this Regulation. To prepare the ground for a correct implementation of this Regulation, its provisions concerning independent media authorities, the Board and the required amendments to Directive 2010/13/EU (Articles 7 to 12 and 27 of this Regulation) should apply 3 months after the entry into force of the Act, while all other provisions of this Regulation will apply 6 months after the entry into force of this Regulation. In particular, this is needed to ensure that the Board will be established in time to ensure a successful implementation of the Regulation.
Amendment 401 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) Commission a third party to perform any of the measures under paragraphs (b) and (c).
Amendment 403 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall ensure the promotion and protection of confidentiality of communications and of end-to-end encrypted services in particular in media service providers communications. The use of encrypted and anonymisation tools by media service providers and their employees shall be encouraged and shall not be considered a valid reason for suspicion for the adoption of measures pursuant to subparagraph (b) of paragraph 2 of this Article.
Amendment 408 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in all activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the ongoing and planned activities of the Board. The Board shall consult the Commission , in particular in preparation of its work programme and main deliverables.
Amendment 408 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Without prejudice and in addition to the right to effective judicial protection guaranteed to each natural and legal person, Member States shall designate an independent authority or body, such as an ombudsperson, to handle complaints lodged by media service providers or, if applicable, their family members, their employees or their family members, regarding breaches of paragraph 2, points (b), (c) and (ca). Media service providers shall have the right to request that authority or body to issue, within three months of the request, an opinion regarding compliance with paragraph 2, points (b), (c) and (ca).
Amendment 410 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, in agreement with the Commission, may invite experts and observers to attend its meetings.
Amendment 414 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Breaches of the obligations set out under this Article shall constitute a breach of the principles of the rule of law, within the meaning of Article 3 of Regulation 2020/2092.
Amendment 416 #
2022/0277(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation shall not affect the possibility for Member States to adopt more detailed rules in the fields covered by Chapter II and Section 5 of Chapter III, and Article 24 provided that those rules comply with Union law.
Amendment 420 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreement with the Commission.
Amendment 423 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘media service provider’ means ameans any natural or legal person whose is regularly or professional activityly engaged isn tohe providesion of a media service and who has editorial responsibility for the choice of the content of the media service and determines the manner in which it is organised;
Amendment 423 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Public service media providers shallMember States shall ensure that public service media providers are editorially independent and provide in an impartialndependent manner a plurality of information and opinions to their audiences, in accordance with their public service missionremit.
Amendment 426 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The head of management and the members of the governing board of public service media providers, and all management positions, shall be appointed through a transparent, open and non-discriminatory procedure and on the basis of transparent, objective, gender-balanced, non- discriminatory and proportionate criteria that emphasises professional competence, political neutrality and commitment to public service journalism, laid down in advance by national law.
Amendment 431 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The duration of their term of office shall be established by national law, and be adequate and sufficient to ensure effective independence of the public media service provider. They may be dismissed before the end of their term of office onlyunder exceptionally circumstances where they no longer fulfil the legally predefined conditions required for the performance of their duties laid down in advance by national law or for specific reasons of illegal conduct or serious misconduct as defined in advance by national law.
Amendment 433 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘editorial decision’ means a decision taken on a regular basis for the purpose of exercising editorial responsibility and linked to the day-to-day operation of a media service provider;
Amendment 435 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘editorial responsibility’ means the exercise of effective control both over the selection of the programmes or, press publications and other media content, and over their organisation, for the purposes of the provision of a media service, regardless of the existence of liability under national law for the service provided;
Amendment 437 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) advise the Commission, on its own initiative or where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
Amendment 440 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9a) ‘provider of online platform’ means a hosting service as defined in article 3 (I) in the of Regulation (EU) 2022/2065
Amendment 440 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service missioremit and to meet the objectives therein. Those resources shall be such that editorial independence is safeguarded.
Amendment 441 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) on its own initiative or when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
Amendment 443 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States shall ensure that the allocation of financial resources to the public service media providers is conducted through predictable, transparent, independent, impartial and non-discriminatory procedures and on the basis of transparent, objective and proportionate criteria laid down in advance by national law. Those procedures shall be such that editorial independence is safeguarded.
Amendment 445 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall designate one or more independent authorities or bodies in order to monitor compliance with paragraphs 1 to 3. Following findings related to non-compliance or partial compliance with this Article, the designated independent authorities or bodies shall make the findings available to the public.
Amendment 446 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
Amendment 448 #
2022/0277(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 451 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘media market concentration’ means a concentration as defined in Article 3 of Regulation (EC) No 139/2004 involving at least one media service providerparty in the media value chain;
Amendment 453 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Media service providers providing news and current affairs content shall make easily and directly accessible to the recipients of their servicesshall make, in line with the accessibility requirements and in an user-friendly manner, publicly available the following information:
Amendment 455 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘audience measurement’ means the activity of collecting, interpreting or otherwise processing data about the number and characteristics of users of media services and users of providers of online platforms for the purposes of decisions regarding advertising allocation or prices or the related buying, planning, production, selling or distribution of content;
Amendment 458 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f – point ii
Article 12 – paragraph 1 – point f – point ii
(ii) media market concentrations which are likely to affect the functioning of the internal market for media services, in accordance with Article 22(1) of this Regulation;
Amendment 460 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the name(s) of their direct or indirect owner(s) with shareholdings enabling them to exercise influence on the operation and strategic decision making, and where applicable its registered office, legal form and name(s) of legal representative, of their direct or indirect owner(s) with shareholdings of at least 15% of its capital;
Amendment 464 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the name(s) of their beneficial owners within the meaning of Article 32, paragraph 1, point 622 of Directive (EU) 2015/849Regulation (EU) XXXX/XXX [Anti-Money Laundering Regulation] of the European Parliament and of the Council.
Amendment 466 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
Article 12 – paragraph 1 – point m a (new)
(ma) establish and maintain the European Database for Media Ownership collecting information provided by national regulatory authorities and bodies, in accordance with Article 6 of this Regulation.
Amendment 467 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m b (new)
Article 12 – paragraph 1 – point m b (new)
(mb) establish and maintain the European Database on State Advertising collecting information provided by national regulatory authorities and bodies, in accordance with Article 24 of this Regulation
Amendment 467 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) whether and to what extent their direct or beneficial ownership is held by the government, a state institution, a state-owned enterprise or other public body;
Amendment 471 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘State advertising’ means the placement, publication or dissemination, in any media service, of ar promotional or self-viders of online platform, of a promotional message, normally in return for payment or for any other consideration, by, for or on behalf of any Union, national or, regional or local public authority, such as the Commission and its agencies, national, federal or, regional and local governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or, regional level, or any local government of a territorial entity of more than 1 million inhabitantsor local level ;
Amendment 472 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
Article 6 – paragraph 1 – point c b (new)
(cb) information on the nature and the extent of the interest and links held by the beneficial owners and family members known to be close associates as defined in Article 2, paragraph 1, points 25, 26 and 27 of Regulation (EU) XXXX/XXX [Anti- Money Laundering Regulation] in other media, other media enterprises and even in other economic sectors;
Amendment 474 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘spyware’ means any product with digital elements specially designed to exploit vulnerabilities in other products with digital elementsurveillance technologies’ means any electronic, mechanical, or other surveillance device that enables the covert surveillance of natural or legal persacquisition of informations by monitoring, extracting, collecting or analysing data from such products or from the natural or legal persons using such products, in particular by secretly recording calls or otherwise using the microphone of an end-user device, filming natural persons, machines or their surroundings, copying messages, photographing, tracking browsing activity, tracking geolocation, collecting other sensor data or tracking activities across multiple end-user devicesof any information and communication technology, without the natural or legal person concerned being made aware in a specific manner and having given their express specific, free and informed consent in that regard ;
Amendment 477 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c c (new)
Article 6 – paragraph 1 – point c c (new)
(cc) state advertising and state financial support allocated to them;
Amendment 478 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c d (new)
Article 6 – paragraph 1 – point c d (new)
(cd) details concerning the ownership structure related to their parent and sister companies, as well as their subsidiaries;
Amendment 480 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point a
Article 2 – paragraph 1 – point 17 – point a
(a) terrorism, as defined in Directive (EU) 2017/541 of the European Parliament and of the Council,
Amendment 481 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point h
Article 2 – paragraph 1 – point 17 – point h
Amendment 481 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c e (new)
Article 6 – paragraph 1 – point c e (new)
(ce) details of revenue from contracts with state bodies received by companies that belong to the same business grouping as the media service provider;
Amendment 482 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall entrust the national regulatory authorities or bodies with developing and maintaining a dedicated online media ownership databases, containing disaggregated data about different types of media, as defined in paragraph 1 of this Article, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge. National regulatory authorities or bodies shall produce regular reports on the ownership of media services under the jurisdiction of a given Member State.
Amendment 484 #
2022/0277(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Rights of recipients of media services to receive and impart information
Amendment 486 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. Media service providers shall submit the information defined in paragraph 1, to the national databases of media ownership established according to paragraph 3 within 90 days after any change of any information regarding their ownership.
Amendment 487 #
2022/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 489 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. National regulatory authorities or bodies shall submit data provided according to paragraph 3 to the European Database of Media Ownership on quarterly basis.
Amendment 493 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Without prejudice to national constitutional laws consistent with the Charter, media service providers providing news and current affairs content shall take measures that they deem appropriate with a view to guaranteeing the independence of individual editorial decisions. In particular, such measures shall aim to:
Amendment 495 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States shall ensure the promotion and protection of confidentiality of communications and of end-to-end encrypted services in particular in media service providers communications. The use of encrypted and anonymisation tools by media service providers and their employees shall be encouraged and shall not be considered a valid reason for suspicion for the adoption of measures pursuant to subparagraph (b) of paragraph 2 of this Article.
Amendment 502 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) guarantee that journalists and editors are free to take individual editorial decisions in the exercise of their professional activity; and
Amendment 507 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) ensure disclosure of any actual or potential conflict of interest by any party having a stake in media service providers that may affect the provision of news and current affairs content.
Amendment 510 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Develop self-regulatory instruments such as codes of conduct, in cooperation with professional associations or organisations of journalists, representatives of publishers and other stakeholders, establishing the principles of independence, reliability and freedom of information, as well as the roles, rights and obligations of the various actors involved in the information process.
Amendment 513 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Without prejudice and in addition to the right to effective judicial protection guaranteed to each natural and legal person, Member States shall designate an independent authority or body, such as an ombudsperson, to handle complaints lodged by media service providers or, if applicable, their family members, their employees or their family members, regarding breaches of paragraph 2, points (b) and (c). Media service providers shall have the right to request that authority or body to issue, within three months of the request, an opinion regarding compliance with paragraph 2, points (b) and (c).
Amendment 515 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Breaches of the obligations set out under this Article shall constitute a breach of the principles of the rule of law, within the meaning of Article 3 of Regulation 2020/2092.
Amendment 518 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The obligations under paragraph 1, points (ca), (cb) and (cc) of this Article, shall not apply to media service providers that are micro enterprises within the meaning of Article 3 of Directive 2013/34/EU.
Amendment 519 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Providers of very large online platforms shall provide a functionality allowing recipients of their services to declare that:ensure that their content moderation processes have adequate and sufficient personnel, linguistic range and cultural sensitivity and context-specific training, to ensure that freedom and pluralism of the media is not undermined.
Amendment 522 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 524 #
2022/0277(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article6a Media Ownership Restrictions 1. Politically exposed persons, falling under point 25, paragraph 1, of Article 2 of Regulation (EU) XXXX/XXX [Anti- Money Laundering Regulation] shall not be beneficial owners, as defined within the meaning of Article 2, paragraph 1, point 22, of Regulationin (EU) XXXX/XXX [Anti-Money Laundering Regulation], of any press publications, or audiovisual media service. 2. When a person becomes a politically exposed person, they shall terminate the operation of the media service provider or shall terminate the business relationship, which allows for exercising influence over the media service provider, with the media service provider without undue delay, but not later than 60 days after becoming a politically exposed person.
Amendment 525 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 525 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Public service media providers shallMember States shall ensure that public service media providers are editorially independent and provide in an impartialndependent manner a plurality of information and opinions to their audiences, in accordance with their public service missionremit.
Amendment 527 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The head of management and the members of the governing board of public service media providers, and all management positions, shall be appointed through a transparent, open and non-discriminatory procedure and on the basis of transparent, objective, gender-balanced, non- discriminatory and proportionate criteria that emphasises professional competence, political neutrality and commitment to public service journalism, laid down in advance by national law.
Amendment 527 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that the financial, human and technical resources of the national regulatory authorities or bodies havare adequate financial, human and technical resourcly and sufficiently sized and increased to allow the national regulatory authorities or bodies to carry out their tasks under this Regulation and the Directive 2010/13/EU. Member states shall guarantee the organisational and functional autonomy of the national regulatory authorities or bodies.
Amendment 528 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 532 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The duration of their term of office shall be established by national law, and be adequate and sufficient to ensure effective independence of the public media service provider. They may be dismissed before the end of their term of office onlyunder exceptionally circumstances where they no longer fulfil the legally predefined conditions required for the performance of their duties laid down in advance by national law or for specific reasons of illegal conduct or serious misconduct as defined in advance by national law.
Amendment 534 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Member States shall ensure that the heads and members of national regulatory authorities and bodies are appointed through a transparent, open and non-discriminatory procedure and on the basis of objective, gender-balanced, clear, transparent and proportionate criteria laid down in advance by national law. They may be dismissed before the end of their term of office under exceptional circumstances where they no longer fulfil the legally predefined conditions required for the performance of their duties or serious misconduct as defined in advance by national law. Dismissal decisions shall be duly justified, subject to prior notification to the person concerned, and include the possibility for judicial review. The grounds for dismissal shall be made available to the public.
Amendment 537 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. Member States shall ensure that the members of the national regulatory authorities or bodies and their governing bodies are independent of the government and market players, and that they act in full independence when performing their tasks or exercising their powers. National regulatory authorities or bodies and their governing bodies shall have full operational autonomy to manage their financial and human resources.
Amendment 538 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3 c (new)
Article 7 – paragraph 3 c (new)
3c. Members of the national regulatory authorities or bodies, their governing bodies and their management shall, in the performance of their tasks or the exercise of their powers, neither seek nor take instructions from the government, institution, person or body and fulfill their missions in an effective, independent and transparent manner. This shall not affect the competencies of the Board or the Commission in conformity with this Regulation.
Amendment 539 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3 d (new)
Article 7 – paragraph 3 d (new)
3d. Within one year after the entry into application of this Regulation pursuant to Article 28(2), the Commission shall assess the implementation of this Article. To this end, Members States shall send all relevant information to the Commission upon its request.
Amendment 540 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service missioremit and to meet the objectives therein. Those resources shall be such that editorial independence is safeguarded.
Amendment 540 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Those powers shall be laid down in advance by national law and shall include in particular the power to request such persons to provide, within a reasonable time period, information that is proportionate and necessary for carrying out the tasks under Chapter III; the request can also be addressed to any other person that, for purposes related to their trade, business or profession, may reasonably be in possession of the information needed.
Amendment 541 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States shall ensure that the allocation of financial resources to the public service media providers is conducted through predictable, transparent, independent, impartial and non-discriminatory procedures and on the basis of transparent, objective and proportionate criteria laid down in advance by national law. Those procedures shall be such that editorial independence is safeguarded.
Amendment 542 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Member States shall entrust the national regulatory authorities or bodies with developing and maintaining dedicated online media ownership databases containing data as defined in paragraph 1 of Article 6, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge. National regulatory authorities or bodies shall produce regular reports on the ownership of media services under the jurisdiction of a given Member State.
Amendment 545 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall designate one or more independent authorities or bodies in order to monitor compliance with paragraphs 1 to 3. Following findings related to non-compliance or partial compliance with this Article, the designated independent authorities or bodies shall make the findings available to the public.
Amendment 545 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4b. National regulatory authorities or bodies shall organise consultations on matters covered by this Regulation with stakeholders such as civil society organisations, media experts, and representatives of the media services providers established in the Union. The results of these consultations shall be reflected in reports published annually.
Amendment 546 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 c (new)
Article 7 – paragraph 4 c (new)
4c. National regulatory authorities or bodies shall submit data provided according to article 24 to the European Database of State financial support on quarterly basis, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge. National Regulatory authorities or bodies shall produce regular reports on the ownership of media services under their jurisdiction of a given Member State.
Amendment 548 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation toremove content, particularly content providosted by a media service provider that submitted a declaration pursuant to paragraph 1 of this Articleor linking to content under its editorial control, on the grounds that such content is incompatible with its terms and conditions, without that content otherwise contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX2065 [Digital Services Act], it shall take all possireasonable measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX2065 [Digital Services Act], to communicate to the media service provider concernedentity that posted the content the statement of reasons accompanying that decision, as required by Article 4(1)17 of Regulation (EU) 2019/1150,22/2065 [Digital Services Act], if possible prior to the suspension taking effect.
Amendment 550 #
2022/0277(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
6 Duties of media service providers providing news and current affairs contentMedia ownership transparency
Amendment 552 #
2022/0277(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, national or European institution, person or body. This shall not affect the competences of the Commission or the national regulatory authorities or bodies in conformity with this Regulation.
Amendment 553 #
Amendment 556 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 1186 of Regulation (EU) 2019/1150 by media service providers that submitted a declaration pursuant to paragraph 1 of this Article are processed and decided upon with priority and22/2065 [Digital Services Act] by representative bodies including those representing media service providers are decided upon without undue delay.
Amendment 557 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Media service providers providing news and current affairs content shall make easily and directly accessible to the recipients of their servicesshall make, in line with the accessibility requirements and in an user-friendly manner, publicly available the following up-to-date information:
Amendment 558 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Board shall be represented by its Chair. The Board shall elect a Chair from amongst its members. The Board shall also elect a Steering group from amongst its members. The Steering Group shall consist of a Chair, a Vice-Chair and 3 other members, including the outgoing Chair. The Chair and the other members of the steering Group shall be elected by a two-thirds majority of ithe Board's members with voting rights. The term of office of the Chair shall be two yearsof one year, renewable once. The Board's Rules of procedure shall specify the roles, the tasks and the procedures for the appointment of the members of the Steering Group.
Amendment 561 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board without voting rights. The representative of the Commission shall participate in all activities andthe meetings of the Board, without voting rights. The Chair of the Board shall keep the European Parliament and the Commission informed about the ongoing and planned activities of the Board. The Board shall consult the Commission, including the presentation of the report according to paragraph (m e) of Article 12 of this Regulation. The Board shall take into account the recommendations of the Commission and other interested parties in the media field, in preparation of its work programme and main deliverables.
Amendment 562 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider oftrends identified under Article 18 suggest that very large online platforms frequently restricts or suspends the provision of its services in relation to content providosted by thone or more media service provider(s) without sufficient grounds and in a manner that undermines media freedom and pluralism, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider(s), upon itstheir request, in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome of such exchanges to the Board.
Amendment 565 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. The media service provider shall immediately notify the outcome of any meaningful and effective dialogue to the Board. To this end, the Board shall maintain a transparent, complete, up-to- date, public register documenting all procedures of this nature, including the name of the concerned media service providers and very large online platform, as well as the number of meetings, meeting documents, and the outcomes of such dialogues
Amendment 567 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4 b (new)
Article 17 – paragraph 4 b (new)
4b. Pursuant to the objectives laid out in the previous paragraph, the Board shall be able to request additional documentation when it finds that the information provided by very large online platforms in the context of meaningful and effective dialogues is not adequate.
Amendment 567 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. The Board may designate permanent observers from amongst national regulatory authorities or bodies with competence in the media field, including those coming from non-EU countries which have entered into agreements with the Union to that effect. The observers shall not have voting rights.
Amendment 568 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 5 – point a
Article 17 – paragraph 5 – point a
(a) the number of instances where they imposed any restriction or suspension on the grounds that the content providosted by a media service provider that submitted a declaration in accordance with paragraph 1 of this Article is incompatible with their terms and conditions; and
Amendment 568 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the name(s) of their direct or indirect owner(s) with shareholdings enabling them to exercise influence on the operation and strategic decision making, and where applicable its registered office, legal form and name(s) of legal representative of their direct or indirect owner(s) with shareholdings of at least 15% of its capital;
Amendment 572 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the name(s) of their beneficial owners within the meaning of Article 32, paragraph 1, point 622 of Directive (EU) 2015/849Regulation (EU) XXXX/XXX of the European Parliament and of the Council.
Amendment 574 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 576 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, in agreement with the Commission, may invite experts and observers to attend its meetings where necessary.
Amendment 577 #
Amendment 579 #
2022/0277(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Board shall regularly organise a structured dialogueforum between providers of very large online platforms, representatives of media service providers and representatives of civil society to discuss experience and best practices in the application of Article 17 of this Regulation, to foster access to diverse offers of independent media on very large online platforms and to monitor adherence to self-regulatory initiatives aimed at protecting society from harmful content, including disinformation and foreign information manipulation and interferencein particular, to identify numbers and trends related to the subject matter, volume, and affected parties.
Amendment 579 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) whether and to what extent their direct or beneficial ownership is held by the government, a state institution, a state-owned enterprise or other public body;
Amendment 580 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
Article 6 – paragraph 1 – point c b (new)
Amendment 581 #
2022/0277(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Board shall report on the results of the dialogueforum to the Commission.
Amendment 581 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreement with the Commission. The Board shall lay down, in its rules of procedure, the practical arrangements for the prevention and management of conflict of interests.
Amendment 582 #
2022/0277(COD)
Proposal for a regulation
Article 19 – title
Article 19 – title
Right of customisation of audiovisual media offer
Amendment 583 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c c (new)
Article 6 – paragraph 1 – point c c (new)
(cc) state advertising and state financial support allocated to them
Amendment 584 #
2022/0277(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Users shall have a right to easily change the default settings of any device or user interface controlling or managing access to and use of audiovisual media services, including through the use of third party recommender systems, as defined in Article 3 of Regulation 2022/2065, in order to customise the audiovisual media offer according to their interests or preferences in compliance with the law. This provision shall not affect national measures implementing Article 7a of Directive 2010/13/EU.
Amendment 584 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c d (new)
Article 6 – paragraph 1 – point c d (new)
(cd) details concerning the ownership structure related to their parent and sister companies, as well as their subsidiaries
Amendment 586 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c e (new)
Article 6 – paragraph 1 – point c e (new)
Amendment 588 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall entrust the national regulatory authorities or bodies with developing and maintaining a dedicated online media ownership databases, containing disaggregated data about different types of media, as defined in paragraph 1 of this Article, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge. National regulatory authorities or bodies shall produce regular reports on the ownership of media services under the jurisdiction of a given Member State.
Amendment 594 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon request of the Commissioneither on its own initiative or upon request of the Commission or the media service provider affected by the measure, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
Amendment 595 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. Media service providers shall submit the information defined in paragraph 1, to the national databases of media ownership established according to paragraph 1 a within 90 days after any change of any information regarding their ownership
Amendment 598 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. National regulatory authorities or bodies shall submit data provided according to paragraph 1 a to the European Database of Media Ownership on quarterly basis
Amendment 601 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
Amendment 603 #
2022/0277(COD)
Proposal for a regulation
Article 21 – title
Article 21 – title
Assessment of media market concentrations affecting the media market
Amendment 605 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Member States shall provide, in their national legal systems, substantive and procedural rules which ensure an assessment of media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence. These rules shall:
Amendment 608 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) require the parties to a media market concentrationconcentrations affecting the media market that could have a significant impact on media pluralism and editorial independence to notify that concentration in advance to the relevant national authorities or bodies;
Amendment 608 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) advise the Commission, on its own initiative, or where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
Amendment 611 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d
Article 21 – paragraph 1 – subparagraph 1 – point d
(d) set out in advance objective, non- discriminatory and proportionate criteria for notifying media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence and for assessing the impact of media marketsuch concentrations on media pluralism and editorial independence.
Amendment 613 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) on its own initiative or when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
Amendment 616 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) guarantee that journalists and editors are free to take individual editorial decisions in the exercise of their professional activity; and
Amendment 618 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
Amendment 623 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the impact of the concentration on media pluralism, including its effects on the formation of public opinion and on the diversity of media players on the market, taking into account the online environment and the parties’ interests, links or activities in other media or non-media businesses;
Amendment 623 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) ensure disclosure of any actual or potential conflict of interest by any party having a stake in media service providers that may affect the provision of news and current affairs content.
Amendment 625 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) develop self-regulatory instruments such as codes of conduct, in cooperation with professional associations or organisations of journalists, representatives of publishers and other stakeholders, establishing the principles of independence, reliability and freedom of information, as well as the roles, rights and obligations of the various actors involved in the information process.
Amendment 629 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
(c) whether, in the absence of the concentration, the acquiring and acquired entity would remain economically sustainable, and whether there are any possible alternatives to ensure its economic sustainability, which would not undermine freedom and pluralism of the media.
Amendment 633 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
Article 12 – paragraph 1 – point f – introductory part
(f) upon request of the Commission, draw up opinions with respect to:
Amendment 635 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission, assisted by the Board, may issue guidelines on the factors to be taken into account when applying the criteria for assessing the impact of media market concentrations affecting the media market on media pluralism and editorial independence by the national regulatory authorities or bodies. It may request assistance from the Commission when fulfilling this function.
Amendment 636 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f – point i
Article 12 – paragraph 1 – point f – point i
(i) national measures which are likely to affect the functioning of the internal market for media services or have a significant impact on media pluralism, in accordance with Article 20(4) of this Regulation;
Amendment 637 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The national regulatory authority or body shall consult the Board in advance on any opinion or decision it aims to adopt assessing the impact on media pluralism and editorial independence of a notifiable media market concentrations affecting the media market where such concentrations may affect the functioning of the internal market.
Amendment 638 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The obligations under this Articleparagraph 1 point c a, c b, c c shall not apply to media service providers that are micro enterprises within the meaning of Article 3 of Directive 2013/34/EU.
Amendment 638 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f – point ii
Article 12 – paragraph 1 – point f – point ii
(ii) media market concentrations which are likely to affect the functioning of the internal market for media services and that could have a significant impact on media pluralism and editorial independence, in accordance with Article 22(1) of this Regulation;
Amendment 642 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g
Article 12 – paragraph 1 – point g
(g) draw up opinions on draft national opinions or decisions assessing the impact on media pluralism and editorial independence of a notifiable media market concentration where such a concentration may affect the functioning of the internal marketaffecting the media market that could have a significant impact on media pluralism and editorial independence, in accordance with Article 21(5) of this Regulation;
Amendment 644 #
2022/0277(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article6a Media Ownership Restrictions 1. Politically exposed persons, falling under points 9a, point 9b of Article 3 of Directive (EU) 2015/849 shall not be beneficial owners, as defined within the meaning of Article 2, paragraph 1, point 22, of Regulationin (EU) XXXX/XXX, of any press publications, or audiovisual media service. 2. When a person becomes a politically exposed person, they shall terminate the operation of the media service provider or shall terminate the business relationship, which allows for exercising influence over the media service provider, with the media service provider without undue delay, but not later than 60 days after becoming a politically exposed person.
Amendment 644 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g a (new)
Article 12 – paragraph 1 – point g a (new)
(ga) issue guidelines and recommendations to promote a common methodology for the elaboration of the assessments of concentrations affecting the media market as referred to in Article 21 of this Regulation. The guidelines and recommendations shall be made publicly available.
Amendment 646 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g b (new)
Article 12 – paragraph 1 – point g b (new)
(gb) on its own initiative, or upon request, conduct assessments of concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence, including existing concentrations at the entry into force of the present Regulation, in accordance with Article 22 of this Regulation.
Amendment 647 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 647 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g c (new)
Article 12 – paragraph 1 – point g c (new)
(gc) monitor compliance with the guidelines and recommendations to promote a common methodology with the view of protecting and promoting media freedom and pluralism across the EU as referred to in paragraph (ga) of this Article.
Amendment 648 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. The Board shall take utmost account of input from civil society and industry groups when deciding whether to draw up an opinion on a concentration which would objectively impact the media market despite neither party being a media market service provider.
Amendment 651 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that the financial, human and technical resources of the national regulatory authorities or bodies havare adequate financial, human and technical resourcly and sufficiently sized and increased to allow the national regulatory authorities or bodies to carry out their tasks conferred on them under this Regulation. and the Directive 2010/13/EU. Member states shall guarantee the organisational and functional autonomy of the national regulatory authorities or bodies.
Amendment 654 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point l
Article 12 – paragraph 1 – point l
(l) organise a structured dialogueforum between providers of very large online platforms, representatives of media service providers and of civil society, and report on its results to the Commissionother relevant stakeholders, in accordance with Article 18 of this Regulation;
Amendment 655 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point l a (new)
Article 12 – paragraph 1 – point l a (new)
(la) under request or at its own initiative, the Board may provide mediation assistance in case of no agreement between media service providers and providers of very large online platforms pursuant to Article 17(4).
Amendment 656 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m
Article 12 – paragraph 1 – point m
(m) foster the exchange of best practices and encourage compliance with existing codes of conduct related to the deployment of audience measurement systems, in accordance with Article 23(5) of this Regulation.
Amendment 657 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Member States shall ensure that the heads and members of national regulatory authorities and bodies are appointed through a transparent, open and non-discriminatory procedure and on the basis of objective, gender-balanced, clear, transparent and proportionate criteria laid down in advance by national law. They may be dismissed before the end of their term of office under exceptional circumstances where they no longer fulfil the legally predefined conditions required for the performance of their duties or serious misconduct as defined in advance by national law. Dismissal decisions shall be duly justified, subject to prior notification to the person concerned, and include the possibility for judicial review. The grounds for dismissal shall be made available to the public.
Amendment 658 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
Article 12 – paragraph 1 – point m a (new)
(ma) in so far as necessary in order to achieve the objectives set out in this Regulation and carry out its tasks, and without prejudice to the competences of the Member States and the institutions of the Union, the Board, in consultation agreement with the Commission, may cooperate with relevant Union bodies, offices, agencies and advisory groups, with competent authorities of third countries and with international organisations. To that end, the Board may, subject to prior approval by the Commission, establish working arrangements. Working arrangement shall be publicly available and included in the annual report of the Board in accordance with paragraph 5 of Article 10.
Amendment 660 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. Member States shall ensure that the members of the national regulatory authorities or bodies and their governing bodies are independent of the government and market players, and that they act in full independence when performing their tasks or exercising their powers. National regulatory authorities or bodies and their governing bodies shall have full operational autonomy to manage their financial and human resources.
Amendment 661 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3 c (new)
Article 7 – paragraph 3 c (new)
3c. Members of the national regulatory authorities or bodies, their governing bodies and their management shall, in the performance of their tasks or the exercise of their powers, neither seek nor take instructions from the government, institution, person or body and fulfill their missions in an effective, independent and transparent manner. This shall not affect the competencies of the Board or the Commission in conformity with this Regulation.
Amendment 662 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3 d (new)
Article 7 – paragraph 3 d (new)
3d. Within one year after the entry into application of this Regulation pursuant to Article 28(2), the Commission shall assess the implementation of this Article. To this end, Members States shall send all relevant information to the Commission upon its request.
Amendment 664 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m b (new)
Article 12 – paragraph 1 – point m b (new)
(mb) establish and maintain the European Database for Media Ownership collecting informations provided by national regulatory authorities and bodies, in accordance with Article 6 of this Regulation.
Amendment 665 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by providers of audience measurement systems, together with media service providers, their representative organisations, civil society and any other interested parties, that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits.
Amendment 665 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Those powers shall be laid down in advance by national law and shall include in particular the power to request such persons to provide, within a reasonable time period, information that is proportionate and necessary for carrying out the tasks under Chapter III; the request can also be addressed to any other person that, for purposes related to their trade, business or profession, may reasonably be in possession of the information needed.
Amendment 667 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Member States shall entrust the national regulatory authorities or bodies with developing and maintaining dedicated online media ownership databases containing data as defined in paragraph 1 of Article 6, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge. National regulatory authorities or bodies shall produce regular reports on the ownership of media services under the jurisdiction of a given Member State.
Amendment 668 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4b. National regulatory authorities or bodies shall organise consultations on matters covered by this Regulation with stakeholders such as civil society organisations, media experts, and representatives of the media services providers established in the Union. The results of these consultations shall be reflected in reports published annually.
Amendment 668 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m c (new)
Article 12 – paragraph 1 – point m c (new)
(mc) establish and maintain the European Database on State Advertising collecting informations provided by national regulatory authorities and bodies, in accordance with Article 24 of this Regulation.
Amendment 669 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 c (new)
Article 7 – paragraph 4 c (new)
4c. National regulatory authorities or bodies shall submit data provided according to article 24 to the European Database of State financial support on quarterly basis, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge. National Regulatory authorities or bodies shall produce regular reports on the ownership of media services under their jurisdiction of a given Member State.
Amendment 670 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m d (new)
Article 12 – paragraph 1 – point m d (new)
(md) organise a structured dialogue with representatives of media service providers, civil society, academia and other relevant stakeholders to cooperate and exchange information, experience and best practices on the implementation of this Regulation and Directive 2010/13/EU. The results of these consultations shall be reflected in the preparation of its work programme and main deliverables, and shall be publicly available.
Amendment 672 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m e (new)
Article 12 – paragraph 1 – point m e (new)
(me) prepare a detailed annual report of its activities and tasks as provided for in this Article, in particular an overview of the state of play of compliance with the recommendations issued by the Board. The annual report shall be made publicly available. The Board shall provide, in its future annual reports, a follow-up of the previous reports prepared.
Amendment 673 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m f (new)
Article 12 – paragraph 1 – point m f (new)
Amendment 674 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m g (new)
Article 12 – paragraph 1 – point m g (new)
(mg) examine the problem of interdependency between media service providers and the state created by financial flows from the state to media owners via state contracts through companies belonging to the same business group as the media service provider, operating in other industries. The Board should draw up guidelines on how to prevent any conflict of interest arising from and its potential impact on editorial policy.
Amendment 678 #
2022/0277(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, national or European institution, person or body. This shall not affect the competences of the Commission or the national regulatory authorities or bodies in conformity with this Regulation.
Amendment 678 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where a national regulatory authority or body considers that there is a serious and grave risk of prejudice to the functioning of the internal market for media services or a serious and grave risk of prejudice to rule of law and/or public security and defence, it may request other national regulatory authorities or bodies to provide accelerated cooperation or mutual assistance, while ensuring compliance with fundamental rights, in particular freedom of expression.
Amendment 679 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, includingat Union, national, federal or regional governmentslevel, regulatory authorities or bodies, as well as state-owned enterprises or other state- controlled entities at the national or regional level, or local governments of territorial entities of more than 1 million inhabitants, shall make publicly availableshall make publicly available through electronic and user- friendly means, accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditure allocated to media service providers, which shall include at least the following details:
Amendment 680 #
Amendment 681 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Requests for cooperation or mutual assistance, including accelerated cooperation or mutual assistance, shall contain all the necessary information related to the request, including the purpose of and reasons for it, as specified in the Board´s Rules of Procedure.
Amendment 684 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. The requested authority shall do its utmost to address and reply to the request without undue delay. The requested authority shall provide intermediary results within the period of 14 calendar days from the receipt of the request, with subsequent regular updates on the progress of execuFurther details on the procedure of the structured cooperation, including the rights and obligations of the request. In case of requests for accelerated cooperation or mutual assistance, the requested authority shall address and reply to the request within 14 calendar daysparties as well as the deadlines to be respected, shall be defined in the Board’s rules of procedure.
Amendment 687 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) the total annual amount spent as well as the amounts spent per media service provider.;
Amendment 688 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b a (new)
Article 24 – paragraph 2 – point b a (new)
(ba) the amounts spent per media service provider;
Amendment 688 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Board shall be represented by its Chair. The Board shall elect a Chair from amongst its members. The Board shall also elect a Steering group from amongst its members. The Steering Group shall consist of a Chair, a Vice-Chair and 3 other members, including the outgoing Chair. The Chair and the other members of the steering Group shall be elected by a two-thirds majority of ithe Board's members with voting rights. The term of office of the Chair shall be two yearsof one year, renewable once. The Board's Rules of procedure shall specify the roles, the tasks and the procedures for the appointment of the members of the Steering Group. .
Amendment 688 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar daysa time period to be defined in the Board´s Rules of procedure from the receipt of that referral, the Board shall issue, in agreement with the Commission, an opinion on the matter, including recommended actions. The requested authority shall do its outmost to take into account the opinion of the Board.
Amendment 689 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. In the two months preceding an election, no public funds or any other consideration or advantage shall be granted by public authorities to media service providers for the purpose of advertising, unless it concerns information relating to the procedures of the election.
Amendment 692 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board without voting rights. The representative of the Commission shall participate in all activities andthe meetings of the Board, without voting rights. The Chair of the Board shall keep the European Parliament and the Commission informed about the ongoing and planned activities of the Board. The Board shall consult the Commission, including the presentation of the report according to paragraph (m d) of Article 12 of this Regulation. The Board shall take into account the recommendations of the Commission and other interested parties in the media field, in preparation of its work programme and main deliverables.
Amendment 692 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The requested national authority or body shall, without undue delay and within 30 calendar daysa maximum time period to be defined in the Board´s rules of procedure, inform the requesting national authority or body about the actions taken or planned pursuant to paragraph 1, or justify the reasons for which action was not taken.
Amendment 693 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. Member States shall entrust a relevant national regulatory authority or body with developing and maintaining a dedicated online database of state advertising, containing disaggregated data defined in paragraph 2.
Amendment 694 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 b (new)
Article 24 – paragraph 3 b (new)
3b. Public authorities allocating public funds or any other consideration or advantage granted for the purpose of advertising shall submit the information defined in paragraph 1, to the national databases of state advertising established according to paragraph 3.
Amendment 695 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 c (new)
Article 24 – paragraph 3 c (new)
3c. National regulatory authorities or bodies shall submit data provided according to paragraph 3 to the European Database of State advertising on quarterly basis.
Amendment 696 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In the event of a disagreement between the requesting national authority or body and the requested authority or body regarding actions taken or planned, or a refusal to take action pursuant to paragraph 1, either authority or body may refer the matter to the Board for mediation in view of finding an amicable solution.
Amendment 701 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. The Board may designate permanent observers from amongst national regulatory authorities or bodies with competence in the media field, including those coming from non-EU countries which have entered into agreements with the Union to that effect. The observers shall not have voting rights.
Amendment 702 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in agreement with the Commission, without undue delay.
Amendment 705 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The requested national authority or body shall, without undue delay and within 30 calendar days at the latesta maximum period to be defined in the Board´s rules of procedure from the receipt of the opinion referred to in paragraph 4, inform the Board, the Commission and the requesting authority or body of the actions taken or planned in relation to the opinion.
Amendment 710 #
2022/0277(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) making information accessible on the ownership structure of media service providers, as provided under Article 5(2) of Directive 2010/13/EU6 of this Regulation.
Amendment 713 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, in agreement with the Commission, may invite experts and observers to attend its meetings where necessary.
Amendment 714 #
2022/0277(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
16 Coordination of measures concerning media service providers establishedoriginating from outside the Union
Amendment 722 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Board shall coordinate measures by national regulatory authorities or bodies related to the dissemination of or access to media services provided by media service providers establishedoriginating from outside the Union that target, irrespective of the means of distribution or access, target or reach audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, such media services prejudice or present a serious and grave risk of prejudice to public security and defence.
Amendment 723 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreement with the Commission. The Board shall lay down, in its rules of procedure, the practical arrangements for the prevention and management of conflict of interests.
Amendment 724 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Amendment 729 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Board, in agreement with the Commission, may issue opinions on appropriate national measures under paragraph 1. All competent national authorities, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board issued according to paragraph 1a and 1b. The competent authority or body shall provide reasons for any refusal to undertake the recommended actions.
Amendment 732 #
Amendment 733 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. When taking a decision regarding the jurisdiction (inter alia through licensing or registration) over an audiovisual media service provider originating from outside of the Union, the competent regulatory authority or body shall, without prejudice to the national legislation, do its utmost to take into account a set of basic principle-based criteria concerning the service and the service provider to be developed by the Board.
Amendment 735 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 2 b (new)
Article 16 – paragraph 2 b (new)
2b. Member States shall ensure that, when relevant, national regulatory authorities or bodies, when deciding to take action against a media service provider originating from outside of the Union, have the legal basis to take into account: (i) a decision taken against that provider by a national regulatory authority or body from another Member State, and/or (ii) an opinion of the Board relating to that provider and taken on the grounds of this article
Amendment 739 #
2022/0277(COD)
1. The Board shall have a secretariat, which shall be provided by the Commissionbe supported by an independent bureau with sufficient budgetary and human resources.
Amendment 740 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Providers of very large online platforms shall provide a functionality allowing recipients of their services to declare that:ensure that their content moderation processes have adequate and sufficient personnel, linguistic range and cultural sensitivity and context-specific training, to ensure that freedom and pluralism of the media is not undermined.
Amendment 742 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 743 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 745 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 747 #
2022/0277(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. The Bureau of the European Board for Media Services (‘Bureau’) is hereby established as a body with legal personality.
Amendment 750 #
2022/0277(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The main task of the secretariatBureau shall be to contribute to the execution of the tasks of the Board laid down in this Regulation and in Directive 2010/13/EU.
Amendment 754 #
2022/0277(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The secretariatBureau shall provide administrative and organisational support to the activities of the Board. The secretariat shall also assist the Board in carrying out its tasks.
Amendment 759 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation toremove content, particularly content providosted by a media service provider that submitted a declaration pursuant to paragraph 1 of this Articleor linking to content under its editorial control, on the grounds that such content is incompatible with its terms and conditions, without that content otherwise contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX2065 [Digital Services Act], it shall take all possireasonable measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX2065 [Digital Services Act], to communicate to the media service provider concernedentity that posted the content the statement of reasons accompanying that decision, as required by Article 4(17) of Regulation (EU) 2019/1150,22/2065 [Digital Service Act], if possible prior to the suspension taking effect.
Amendment 766 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 1186 of Regulation (EU) 2019/1150 by media service providers that submitted a declaration pursuant to paragraph 1 of this Article are processed and decided upon with priority and22/2065 [Digital Service Act] by representative bodies including those representing media service providers are decided upon without undue delay.
Amendment 772 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider oftrends identified under Article 18 suggest that a very large online platform frequently restricts or suspends the provision of its services in relation to content providosted by thone or more media service provider(s) without sufficient grounds and in a manner that undermines media freedom and pluralism, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider(s), upon itstheir request, in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome of such exchanges to the Board.
Amendment 773 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. The media service provider shall may immediately notify the outcome of any meaningful and effective dialogue such exchanges to the Board. To this end, the Board shall maintain a transparent, complete, up-to-date, public register documenting all procedures of this nature, including the name of the concerned media service providers and very large online platforms, as well as the number of meetings, meeting documents, and the outcomes of such dialogues.
Amendment 774 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4 b (new)
Article 17 – paragraph 4 b (new)
4b. Pursuant to the objectives laid out in paragraph 5, the Board shall be able to request additional documentation when it finds that the information provided by very large online platforms in the context of meaningful and effective dialogues is not sufficient or adequate.
Amendment 777 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 5 – point a
Article 17 – paragraph 5 – point a
(a) the number of instances where they imposed any restriction or suspension on the grounds that the content provided by a media service provider that submitted a declaration in accordance with paragraph 1 of this Article is incompatible with their terms and conditions; and
Amendment 779 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) advise the Commission, on its own initiative, or where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
Amendment 783 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 784 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) on its own initiative or when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
Amendment 787 #
Amendment 789 #
2022/0277(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Board shall regularly organise a structured dialogueforum between providers of very large online platforms, representatives of media service providers and representatives of civil society to discuss experience and best practices in the application of Article 17 of this Regulation, to foster access to diverse offers of independent media on very large online platforms and to monitor adherence to self-regulatory initiatives aimed at protecting society from harmful content, including disinformation and foreign information manipulation and interferencein particular, to identify numbers and trends related to the subject matter, volume, and affected parties.
Amendment 792 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
Amendment 793 #
2022/0277(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Board shall report on the results of the dialogueForum to the Commission.
Amendment 795 #
2022/0277(COD)
Proposal for a regulation
Article 19 – title
Article 19 – title
Right of customisation of audiovisual media offer
Amendment 796 #
2022/0277(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Users shall have a right to easily change the default settings of any device or user interface controlling or managing access to and use of audiovisual media services, including through the use of third party recommender systems, as defined in article 3 of Regulation 2022/2065, in order to customise the audiovisual media offer according to their interests or preferences in compliance with the law. This provision shall not affect national measures implementing Article 7a of Directive 2010/13/EU.
Amendment 801 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
Amendment 801 #
2022/0277(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article19a Right to identify the content of a media service 1. Recipients of media services shall have a right to easily identify the media service provider on any device or user interface controlling or managing access to and use of media services. 2. Manufacturers of devices and providers of user interfaces controlling or managing access to and use of media services shall ensure that the identity of the media service provider bearing the editorial responsibility for the content or services is clearly visible alongside the content and services offered
Amendment 802 #
2022/0277(COD)
Proposal for a regulation
Article 20 – title
Article 20 – title
National measures affecting the provision and operation of media service providers
Amendment 807 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect thenegatively affect the provision or operation of media service providers and media pluralism in the internal market shall be duly justified and proportionate. Such measures shall be reasoned, transparent, objective and non- discriminatory.
Amendment 809 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Without prejudice and in addition to its right to effective judicial protection, any media service provider subject to an administrative or regulatory measure referred to in paragraph 1 that concerns it individually and directly shall have the right to appeal against that measure to an appellate body. That body shall be independent of the parties involved and of any external intervention or political pressure liable to jeopardise its independent assessment of matters coming before it. It shall have the appropriate expertise and funding to enable it to carry out its functions effectively. The European Commission or the Board may submit written observations during the course of proceedings before such a national appellate body and may, with the permission of the body in question, also make oral observations.
Amendment 813 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f – point i
Article 12 – paragraph 1 – point f – point i
(i) national measures which are likely to affect the functioning of the internal market for media services or have a significant impact on media pluralism, in accordance with Article 20(4) of this Regulation;
Amendment 814 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon request of the Commission, shalleither on its own initiative or upon request of the Commission or the media service provider affected by the measure, may draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
Amendment 817 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f – point ii
Article 12 – paragraph 1 – point f – point ii
(ii) media market concentrations which are likely to affect the functioning of the internal market for media services and that could have a significant impact on media pluralism and editorial independence, in accordance with Article 22(1) of this Regulation;
Amendment 821 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g
Article 12 – paragraph 1 – point g
(g) draw up opinions on draft national opinions or decisions assessing the impact on media pluralism and editorial independence of a notifiable media market concentration where such a concentration may affect the functioning of the internal marketaffecting the media market that could have a significant impact on media pluralism and editorial independence, in accordance with Article 21(5) of this Regulation;
Amendment 821 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Where a national authority or body adopts a measure that affects individually and directly a media service provider and is likely to affect the functioning of the internal market for media services, it shall communicate, at the request of the Board, and where applicable, of the Commission, without undue delay and by electronic means, any relevant information, including the summary of the facts, its measure, the grounds on which the national authority or body has based its measure, and, where applicable, the views of other authorities concernedthe timeline set out, and, the views of other authorities concerned. The Board shall provide recommendations addressed to the national authority or body adopting the measure with the aim to ensure that such measure is not having a significant impact on media pluralism. The national authority or body shall make every effort to comply with the recommendations from the Board. In particular, it shall inform the Board how it intends to comply with them and the timeline foreseen. In the event that a national authority or body does not comply or does not intend to comply, it shall inform the Board, stating its reasons. National authorities or bodies shall always publish and reason their decisions including rejection of complaints submitted to them. The recommendations from the Board and the follow-up from the national authority or body shall also be made publicly available.
Amendment 823 #
2022/0277(COD)
Proposal for a regulation
Article 21 – title
Article 21 – title
21 Assessment of media market concentrations that could have a significant impact on media pluralism and editorial independence
Amendment 825 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Member States shall provide, in their national legal systems, substantive and procedural rules which ensure anthe conducting of ex-ante and ex-post quality assessments of media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence. These rules shall:
Amendment 826 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g a (new)
Article 12 – paragraph 1 – point g a (new)
(ga) issue guidelines and recommendations to promote a common methodology for the elaboration of the assessments of concentrations affecting the media market as referred to in Article 21 of this Regulation. The guidelines and recommendations shall be made publicly available.
Amendment 827 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) require the parties to a media market concentration affecting the media market that could have a significant impact on media pluralism and editorial independence to notify that concentration in advance to the relevant national authorities or bodies;
Amendment 828 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g b (new)
Article 12 – paragraph 1 – point g b (new)
(gb) on its own initiative, or upon request, conduct assessments of concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence, including existing concentrations at the entry into force of the present Regulation, in accordance with Article 22 of this Regulation.
Amendment 829 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d
Article 21 – paragraph 1 – subparagraph 1 – point d
(d) set out in advance objective, non- discriminatory and proportionate criteria for notifying media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence and for assessing the impact of media marketsuch concentrations on media pluralism and editorial independence.
Amendment 830 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g c (new)
Article 12 – paragraph 1 – point g c (new)
(gc) monitor compliance with the guidelines and recommendations to promote a common methodology with the view of protecting and promoting media freedom and pluralism across the EU as referred to in paragraph (ga) of this Article.
Amendment 830 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d a (new)
Article 21 – paragraph 1 – subparagraph 1 – point d a (new)
(da) incorporate the guidelines and recommendations issued by the Board to conduct assessments regarding concentrations affecting the media market and to establish a follow-up system.
Amendment 833 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the impact of the concentration on media pluralism, including its effects on the formation of public opinion and on the diversity of media players on the market, taking into account the online environment and the parties’ interests, links or activities in other media or non-media businesses;
Amendment 834 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point a a (new)
Article 21 – paragraph 2 – point a a (new)
(aa) the results of the risk assessment made by the annual Commission Rule of Law Report and its country-specific reports, as well as instruments such as the Media Pluralism Monitor to identify, analyse and assess any systemic risks to media freedom and media pluralism in the particular Member State;
Amendment 835 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions, as well as national legislation and self-regulatory norms in this regard;
Amendment 839 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission, assisted by the Board, mayshall issue guidelines on the factors to be taken into account when applying the criteria for assessing the impact of media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence by the national regulatory authorities or bodies in accordance with this article, as well as which criteria should take precedence or prevail in case of conflicts. It may request assistance from the Commission when fulfilling this function.
Amendment 840 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point l
Article 12 – paragraph 1 – point l
(l) organise a structured dialogueforum between providers of very large online platforms, representatives of media service providers and of civil society, and report on its results to the Commission,other relevant stakeholders in accordance with Article 18 of this Regulation ;
Amendment 841 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point l a (new)
Article 12 – paragraph 1 – point l a (new)
(la) under request or at its own initiative, the Board may provide mediation assistance in case of no agreement between media service providers providers and providers of very large online platforms pursuant to Article. 17(4)
Amendment 842 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m
Article 12 – paragraph 1 – point m
(m) foster the exchange of best practices and encourage compliance with existing codes of conduct related to the deployment of audience measurement systems, in accordance with Article 23(5) of this Regulation.
Amendment 843 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The national regulatory authority or body shall consult the Board in advance on any opinion or decision it aims to adopt assessing the impact on media pluralism and editorial independence of a notifiable media market concentration where such concentrations may affect the functioning of the internal marketa notifiable concentration affecting the media market that could have significant impact on media pluralism and editorial independence.
Amendment 844 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
Article 12 – paragraph 1 – point m a (new)
(ma) In so far as necessary in order to achieve the objectives set out in this Regulation and carry out its tasks, and without prejudice to the competences of the Member States and the institutions of the Union, the Board, in consultation agreement with the Commission, may cooperate with relevant Union bodies, offices, agencies and advisory groups, with competent authorities of third countries and with international organisations. To that end, the Board may, subject to prior approval by the Commission, establish working arrangements. Working arrangement shall be publicly available and included in the annual report of the Board in accordance with paragraph 5 of Article 10.
Amendment 844 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
6a. The respective national regulatory authorities or bodies, at their own initiative or requested by the Board, shall conduct an ex-post evaluation of concentrations significantly affecting the media market that could have a significant impact on media pluralism and editorial independence in order to assess the consequences of the NRAs’ decision and whether the effects of the merger should be reduced or eliminated ex post. During such an assessment national regulatory authorities or bodies shall gather information on the media landscape, assess the conditions under which the concentrations have been carried out, verify the extent to which such concentrations present dangers to the media pluralism and editorial independence, and issue proposals how to remedy such dangers. National independent authorities or bodies will report the result of the post-concentration evaluation to the Board.
Amendment 845 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 6 b (new)
Article 21 – paragraph 6 b (new)
6b. In case of media concentrations, National Competition Authorities and National Regulatory Authorities shall cooperate particularly when assessing their impact on media pluralism and media freedom. National Regulatory Authorities shall provide a reasoned opinion to such consultation. For concentrations distorting competition, National Competition Authorities shall impose proportionate remedies, such as structural remedies.
Amendment 846 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 6 c (new)
Article 21 – paragraph 6 c (new)
6c. The assessments and opinions referred to in this Article shall be made publicly available.
Amendment 847 #
2022/0277(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
22 Opinions on media marketAssessments of concentrations by the Board
Amendment 849 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m b (new)
Article 12 – paragraph 1 – point m b (new)
(mb) establish and maintain the European Database for Media Ownership collecting informations provided by national regulatory authorities and bodies, in accordance with Article 6 of this Regulation
Amendment 852 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In the absence of an assessment or a consultation and, if applicable, remedies pursuant to Article 21, the Board, upon request of the Commission, shall draw up an opinionassessment on the impact of a media market concentration affecting the media market on media pluralism and editorial independence, where a media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinionassessment on the elements set out in Article 21(2). The Board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the European Parliament and the Commission.
Amendment 853 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m c (new)
Article 12 – paragraph 1 – point m c (new)
(mc) establish and maintain the European Database on State Advertising collecting informations provided by national regulatory authorities and bodies, in accordance with Article 24 of this Regulation
Amendment 854 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m d (new)
Article 12 – paragraph 1 – point m d (new)
(md) organise a structured dialogue with representatives of media service providers, civil society, academia and other relevant stakeholders to cooperate and exchange information, experience and best practices on the implementation of this Regulation and Directive 2010/13/EU. The results of these consultations shall be reflected in the preparation of its work programme and main deliverables,and shall be publicly available.
Amendment 855 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. The Board shall take utmost account of input from civil society and industry groups when deciding whether to draw up an assessment on a concentration which would objectively impact the media market despite neither party being a media market service provider.
Amendment 856 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m e (new)
Article 12 – paragraph 1 – point m e (new)
Amendment 856 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 b (new)
Article 22 – paragraph 1 b (new)
1b. When conducting its assessments, the Board shall take into account the assessments conducted by Member States pursuant to Article 21 of this Regulation, the findings of the Commission’s Annual Rule of Law report and its country- specific reports, as well as of those instruments such as the Media Pluralism Monitor, and it shall consult with the relevant stakeholders. The Board shall also take into account any other information that it may deem relevant for its assessment.
Amendment 857 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m f (new)
Article 12 – paragraph 1 – point m f (new)
(mf) develop criteria, in consultation with media stakeholders, for the distribution of public funds through state financial support in accordance with article 24 of this Regulation, that ensure they are insulated from political interference.
Amendment 857 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 c (new)
Article 22 – paragraph 1 c (new)
1c. The Board shall prepare a report with the findings of its assessments, the methodology used and the follow-up recommendations.
Amendment 858 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m g (new)
Article 12 – paragraph 1 – point m g (new)
(mg) examine the problem of interdependency between media service providers and the state created by financial flows from the state to media owners via state contracts through companies belonging to the same business group as the MSP, operating in other industries. The Board should draw up guidelines on how to prevent any conflict of interest arising from and its potential impact on editorial policy.
Amendment 858 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 d (new)
Article 22 – paragraph 1 d (new)
1d. The National Regulatory Authority who is addressed by the assessment shall report to the Board within 90 days concerning the measures it has taken to comply with the recommendations.
Amendment 859 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 e (new)
Article 22 – paragraph 1 e (new)
1e. The Board adopts a subsequent assessment concerning the National Regulatory Authority’s report and informs the Commission of the report and its opinion.
Amendment 860 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Following the opinionassessment of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter.
Amendment 861 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. OpinionAssessments by the Board and, where applicable, the opinions by the Commission shall be made publicly available.
Amendment 862 #
2022/0277(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Amendment 863 #
2022/0277(COD)
Proposal for a regulation
Article 22 b (new)
Article 22 b (new)
Amendment 864 #
2022/0277(COD)
Proposal for a regulation
Article 22 c (new)
Article 22 c (new)
Article22c Delegated acts 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 22a and 22b shall be conferred on the Commission for an indeterminate period of time from [OP please insert the date = 6 months after the date of entry into force of this Regulation]. 3. The power to adopt delegated acts referred to in Articles 22a and 22b may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Articles 22a and 22b shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.
Amendment 865 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Audience measurement systems and methodologies shall comply with principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability.
Amendment 866 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where a national regulatory authority or body considers that there is a serious and grave risk of prejudice to the functioning of the internal market for media services or a serious and grave risk of prejudice to rule of law and/or public security and defence, it may request other national regulatory authorities or bodies to provide accelerated cooperation or mutual assistance, while ensuring compliance with fundamental rights, in particular freedom of expression.
Amendment 870 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Requests for cooperation, or mutual assistance, including accelerated cooperation or mutual assistance, shall contain all the necessary information related to the request, including the purpose of and reasons for it., as specified in the Board´s Rules of Procedure
Amendment 872 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejudice to the protection of undertakings’ business secretstrade secrets within the meaning of Article 2(1) of Directive (EU) 2016/943, providers of proprietary audience measurement systems shall provide, without undue delay and free of costs, to media service providers and advertisers, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the methodology used by their audience measurement systems. This provision shall not affect the Union’s data protection and privacy rules.
Amendment 873 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by pProviders of audience measurement systems, together with media service providers, their representative organisations, civil society and any other interested parties, shall draw up codes of conduct, with the support of national regulatory authorities or bodies that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits. These codes of conduct should provide for regular, transparent and independent monitoring and evaluation of the achievement of these objectives. The codes of conduct should provide effective implementation including through proportionate sanctions where appropriate. In the drawing up of codes of conduct, special consideration should be given to small media to ensure proper measurements of their audiences.
Amendment 881 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. The Board shall foster the exchange of best practices related to the deployment of audience measurement systems through a regular dialogue between representatives of the national regulatory authorities or bodies, representatives of providers of audience measurement systems and media service providers, civil society organisations and other interested parties.
Amendment 882 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. The requested authority shall do its utmost to address and reply to the request without undue delay. The requested authority shall provide intermediary results within the period of 14 calendar days from the receipt of the request, with subsequent regular updates on the progress of execuFurther details on the procedure of the structured cooperation, including the rights and obligations of the request. In case of requests for accelerated cooperation or mutual assistance, the requested authority shall address and reply to the request within 14 calendar daysparties as well as the deadlines to be respected, shall be defined in the Board’s rules of procedure.
Amendment 885 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 5 a (new)
Article 23 – paragraph 5 a (new)
5a. The obligations imposed under this Regulation are without prejudice to audiences’ right to protection of personal data as provided by Article 8 of the Charter of Fundamental Rights read in conjunction with Regulation 2016/679 (General Data Protection Regulation).
Amendment 887 #
2022/0277(COD)
Proposal for a regulation
Article 24 – title
Article 24 – title
24 Allocation of state advertisingTransparency regarding state advertising and other state financial support
Amendment 888 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar daysa time period to be defined in the Board´s Rules of procedure from the receipt of that referral, the Board shall issue, in agreement with the Commission, an opinion on the matter, including recommended actions. The requested authority shall do its outmost to take into account the opinion of the Board.
Amendment 893 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Public funds or any other consideration or advantage granallocated by public authorities to media service providers for the purposes of advertisingand providers of online platforms shall be awarded according to transparent, objective, proportionate and non- discriminatory criteria and through open, proportionate and non-discriminatory procedures. This Article shall not affect public procurement rules.
Amendment 894 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The requested national authority or body shall, without undue delay and within 30 calendar daysa maximum time period to be defined in the Board´s rules of procedure , inform the requesting national authority or body about the actions taken or planned pursuant to paragraph 1, or justify the reasons for which action was not taken.
Amendment 895 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. Prior to allocating state advertising and other state financial support resources to media service providers and providers of online platforms, public authorities shall ensure that the specific criteria employed to determine the allocation of state financial support according to paragraph 1 are made available to the public through electronic and user-friendly means. The national regulatory authorities' will consult national media stakeholders on the development of the criteria and methodology and hold consultations with the stakeholders on the results.
Amendment 899 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, includingat Union, national, federal or, regional governmentsor local level, regulatory authorities or bodies, as well as state-owned enterprises or other state- controlled entities at the national or, regional level, or local governments of territorial entities of more than 1 million inhabitants, shall make publicly availablelevel, shall make publicly available through electronic and user-friendly means accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditureand other financial support allocated to media service providers and providers of online platforms, which shall include at least the following details:
Amendment 900 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In the event of a disagreement between the requesting national authority or body and the requested authority or body regarding actions taken or planned, or a refusal to take action pursuant to paragraph 1, either authority or body may refer the matter to the Board for mediation in view of finding an amicable solution.
Amendment 903 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) the legal names of media service providers and providers of online platforms from which advertising services were purchased or whom they have financially supported;
Amendment 906 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in agreement with the Commission, without undue delay.
Amendment 906 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) the total annual amount spent as well as the amounts spent per media service provider.
Amendment 908 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b a (new)
Article 24 – paragraph 2 – point b a (new)
(ba) the total amounts spent per media service provider and provider of online platforms.
Amendment 910 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. In the two months preceding an election, no public funds or any other consideration or advantage shall be allocated by public authorities to media service providers and providers of online platforms, unless it concerns information relating to the procedures of the election.
Amendment 911 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The requested national authority or body shall, without undue delay and within 30 calendar days at the latesta maximum period to be defined in the Board´s rules of procedure from the receipt of the opinion referred to in paragraph 4, inform the Board, the Commission and the requesting authority or body of the actions taken or planned in relation to the opinion.
Amendment 914 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. National regulatory authorities or bodies shall monitor the allocation of state advertising in media marketfinancial support to media service providers and providers of online platforms. In order to assess the accuracy of the information on state advertising and other financial support made available pursuant to paragraph 2, national regulatory authorities or bodies may request from the entities referred to in paragraph 2 further information, including information on the application of criteria referred to in paragraph 1.
Amendment 919 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. Member States shall entrust the national regulatory authorities or bodies with developing and maintaining dedicated online databases of state advertising and other financial support , containing disaggregated data defined in paragraph 2
Amendment 921 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 b (new)
Article 24 – paragraph 3 b (new)
3b. Public authorities allocating state advertising and other financial support shall submit the information defined in paragraph 2, to the national databases established according to paragraph 3.
Amendment 922 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 c (new)
Article 24 – paragraph 3 c (new)
3c. National regulatory authorities or bodies shall submit data provided according to paragraph 3 to the European Database of State advertising and other financial support on a quarterly basis.
Amendment 923 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 d (new)
Article 24 – paragraph 3 d (new)
Amendment 924 #
2022/0277(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) making information accessible on the ownership structure of media service providers, as provided under Article 5(2) of Directive 2010/13/EU6 of this Regulation.
Amendment 924 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The allocation of state resources to media service providers and providers of online platforms for the purpose of purchasing goods or services from them other than state advertising shall be subject to the requirements set out in paragraph 1this Article. This Article shall not affect the application of the State aid rules.
Amendment 928 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. The Commission shall in its monitoring exercise take account of the Board’s reports, assessments and recommendations, input from civil society, the results from the Media Pluralism Monitor and the findings from Rule of Law Reports.
Amendment 929 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – introductory part
Article 25 – paragraph 3 – introductory part
3. The monitoring exercise shall include, in particular:
Amendment 931 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point a
Article 25 – paragraph 3 – point a
(a) a detailed analysis of the resilience of media markets of allin Member States, including as regards the level of media concentration and risks of foreign information manipulation and interference;
Amendment 932 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point b
Article 25 – paragraph 3 – point b
(b) an overview and forward-looking assessment of the resilience of the internal market for media services as a whole, including as regards the degree of concentration of the market;
Amendment 933 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c a (new)
Article 25 – paragraph 3 – point c a (new)
(ca) an overview of the allocation of state advertising and state financial support to media service providers and providers of online platforms.
Amendment 934 #
2022/0277(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Coordination of measures concerning media service providers establishedoriginating from outside the Union
Amendment 937 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c b (new)
Article 25 – paragraph 3 – point c b (new)
(cb) an assessment of the rules and practices in the allocation of public subsidies to media services.
Amendment 939 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c c (new)
Article 25 – paragraph 3 – point c c (new)
(cc) a detailed analysis around media pluralism and editorial independence at the European, national, regional and local levels.
Amendment 940 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c d (new)
Article 25 – paragraph 3 – point c d (new)
(cd) a detailed analysis of the independence of National Authorities or bodies.
Amendment 941 #
2022/0277(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. By [fourtwo years after the entry into force of this Regulation] at the latest, and every fourtwo years thereafter, the Commission shall evaluate the implementation of this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee about the findings and follow-up measures.
Amendment 943 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Board shall coordinate measures by national regulatory authorities or bodies related to the dissemination of or access to media services provided by media service providers establishedoriginating from outside the Union that target, irrespective of the means of distribution or access, target or reach audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, such media services prejudice or present a serious and grave risk of prejudice to public security and defence.
Amendment 944 #
2022/0277(COD)
Proposal for a regulation
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3a. In carrying out the evaluations referred to in paragraph 1, the Commission shall evaluate, in particular, the effective implementation of and compliance with the obligations laid down in this Regulation.
Amendment 945 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. Regarding media services provided by media service providers originating from outside of the Union, at the request of a minimum number of Board members to be defined in the Board’s Rules of procedure, the Board may issue an opinion on the coordination of measures.
Amendment 947 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 1 b (new)
Article 16 – paragraph 1 b (new)
Amendment 953 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Board, in agreement with the Commission, may issue opinions on appropriate national measures under paragraph 1. All competent national authorities, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board issued according to paragraph 1a and 1b. The competent authority or body shall provide reasons for any refusal to undertake the recommended actions.
Amendment 959 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. When taking a decision regarding the jurisdiction (inter alia through licensing or registration) over an audiovisual media service provider originating from outside of the Union, the competent regulatory authority or body shall, without prejudice to the national legislation, do its utmost to take into account a set of basic principle-based criteria concerning the service and the service provider to be developed by the Board.
Amendment 962 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 2 b (new)
Article 16 – paragraph 2 b (new)
2b. Member States shall ensure that, when relevant, national regulatory authorities or bodies, when deciding to take action against a media service provider originating from outside of the Union, have the legal basis to take into account: (i) a decision taken against that provider by a national regulatory authority or body from another Member State, and/or (ii) an opinion of the Board relating to that provider and taken on the grounds of this article
Amendment 973 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Providers of very large online platforms shall provide a functionality allowing recipients of their services to declare that:ensure that their content moderation processes have adequate and sufficient personnel, linguistic range and cultural sensitivity and context-specific training, to ensure that freedom and pluralism of the media is not undermined.
Amendment 977 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 983 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 986 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 1015 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation toremove content, particularly content provided posted by a media service provider that submitted a declaration pursuant to paragraph 1 of this Articleor linking to content under its editorial control, on the grounds that such content is incompatible with its terms and conditions, without that content otherwise contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX 2065 [Digital Services Act], it shall take all possireasonable measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX 2065 [Digital Services Act], to communicate to the media service provider concernedentity that posted the content the statement of reasons accompanying that decision, as required by Article 4 (17) of Regulation (EU) 2019/1150,22 /2065 [Digital Services Act], if possible prior to the suspension taking effect.
Amendment 1025 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 1186 of Regulation (EU) 2019/1150 by media service providers that submitted a declaration pursuant to paragraph 1 of this Article are processed and decided upon with priority and22 2065 [Digital Services Act] by representative bodies including those representing media service providers are decided upon without undue delay.
Amendment 1032 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider oftrends identified under Article 18 suggest that a very large online platform frequently restricts or suspends the provision of its services in relation to content providosted by thone or more media service provider(s) without sufficient grounds and in a manner that undermines media freedom and pluralism, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider(s), upon itstheir request, in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome of such exchanges to the Board.
Amendment 1037 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. The media service provider shall immediately notify the outcome of any meaningful and effective dialogue to the Board. To this end, the Board shall maintain a transparent, complete, up-to- date, public register documenting all procedures of this nature, including the name of the concerned media service providers and very large online platforms, as well as the number of meetings, meeting documents, and the outcomes of such dialogues.
Amendment 1039 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4 b (new)
Article 17 – paragraph 4 b (new)
4b. Pursuant to the objectives laid out in paragraph 5, the Board shall be able to request additional documentation when it finds that the information provided by very large online platforms in the context of meaningful and effective dialogues is not sufficient or adequate.
Amendment 1043 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 5 – point a
Article 17 – paragraph 5 – point a
(a) the number of instances where they imposed any restriction or suspension on the grounds that the content provided by a media service provider that submitted a declaration in accordance with paragraph 1 of this Article is incompatible with their terms and conditions; and
Amendment 1060 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 1069 #
Amendment 1072 #
2022/0277(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Board shall regularly organise a structured dialogueForum between providers of very large online platforms, representatives of media service providers and representatives of civil society to discuss experience and best practices in the application of Article 17 of this Regulation, to foster access to diverse offers of independent media on very large online platforms and to monitor adherence to self-regulatory initiatives aimed at protecting society from harmful content, including disinformation and foreign information manipulation and interferencein particular, to identify numbers and trends related to the subject matter, volume, and affected parties.
Amendment 1080 #
2022/0277(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Board shall report on the results of the dialogueForum to the Commission.
Amendment 1081 #
2022/0277(COD)
Proposal for a regulation
Article 19 – title
Article 19 – title
Right of customisation of audiovisual media offer
Amendment 1084 #
2022/0277(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Users shall have a right to easily change the default settings of any device or user interface controlling or managing access to and use of audiovisual media services, including through the use of third party recommender systems, as defined in article 3 of Regulation 2022/2065, in order to customise the audiovisual media offer according to their interests or preferences in compliance with the law. This provision shall not affect national measures implementing Article 7a of Directive 2010/13/EU.
Amendment 1100 #
2022/0277(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Amendment 1103 #
2022/0277(COD)
Proposal for a regulation
Article 20 – title
Article 20 – title
National measures affecting the provision and operation of media service providers
Amendment 1113 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect thenegatively affect the provision or operation of media service providers or media pluralism in the internal market, shall be duly justified and proportionate. Such measures shall be reasoned, transparent, objective and non- discriminatory.
Amendment 1125 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon request of the Commissioneither on its own initiative or upon request of the Commission or the media service provider affected by the measure, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
Amendment 1135 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Where a national authority or body adopts a measure that affects individually and directly a media service provider and is likely to affect the functioning of the internal market for media services, it shall communicate, at the request of the Board, and where applicable, of the Commission, without undue delay and by electronic means, any relevant information, including the summary of the facts, its measure, the grounds on which the national authority or body has based its measure, and, where applicable, the views of other authorities concerned. the timeline set out, and the views of other authorities concerned. The Board shall provide recommendations addressed to the national authority or body adopting the measure with the aim to ensure that such measure is not having a significant impact on media pluralism. The national authority or body shall make every effort to comply with the recommendations from the Board. In particular, it shall inform the Board how it intends to comply with them and the timeline foreseen. In the event that a national authority or body does not comply or does not intend to comply, it shall inform the Board, stating its reasons. National authorities or bodies shall always publish and reason their decisions including rejection of complaints submitted to them. The recommendations from the Board and the follow-up from the national authority or body shall also be made publicly available.
Amendment 1144 #
2022/0277(COD)
Proposal for a regulation
Article 21 – title
Article 21 – title
21 Assessment of media market concentrations that could have a significant impact on media pluralism and editorial independence
Amendment 1146 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Member States shall provide, in their national legal systems, substantive and procedural rules which ensure anthe conducting of ex-ante and ex-post quality assessments of media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence. These rules shall:
Amendment 1150 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) require the parties to a media market concentration affecting the media market that could have a significant impact on media pluralism and editorial independence to notify that concentration in advance to the relevant national authorities or bodies;
Amendment 1159 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d
Article 21 – paragraph 1 – subparagraph 1 – point d
(d) set out in advance objective, non- discriminatory and proportionate criteria for notifying media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence and for assessing the impact of media marketsuch concentrations on media pluralism and editorial independence.
Amendment 1162 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d a (new)
Article 21 – paragraph 1 – subparagraph 1 – point d a (new)
(da) incorporate the guidelines and recommendations issued by the Board to conduct assessments regarding concentrations affecting the media market and to establish a follow-up system.
Amendment 1168 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the impact of the concentration on media pluralism, including its effects on the formation of public opinion and on the diversity of media players on the market, taking into account the online environment and the parties’ interests, links or activities in other media or non-media businesses;
Amendment 1169 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point a a (new)
Article 21 – paragraph 2 – point a a (new)
(aa) the results of the risk assessment made by the annual Commission Rule of Law Report and its country-specific reports, as well as instruments such as the Media Pluralism Monitor to identify, analyse and assess any systemic risks to media freedom and media pluralism in the particular Member State;
Amendment 1172 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions, as well as national legislation and self-regulatory norms in this regard;
Amendment 1183 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission, assisted by the Board, mayshall issue guidelines on the factors to be taken into account when applying the criteria for assessing the impact of media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence by the national regulatory authorities or bodies in accordance with this article, as well as which criteria should take precedence or prevail in case of conflicts. It may request assistance from the Commission when fulfilling this function.
Amendment 1190 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The national regulatory authority or body shall consult the Board in advance on any opinion or decision it aims to adopt assessing the impact on media pluralism and editorial independence of a notifiable media market concentration where such concentrations may affect the functioning of the internal market.a notifiable concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence
Amendment 1198 #
2022/0277(COD)
6a. The respective national regulatory authorities or bodies, at their own initiative or requested by the Board, shall conduct an ex-post evaluation of concentrations significantly affecting the media market that could have a significant impact on media pluralism and editorial independence in order to assess the consequences of the NRAs’ decision and whether the effects of the merger should be reduced or eliminated ex post. During such an assessment national regulatory authorities or bodies shall gather information on the media landscape, assess the conditions under which the concentrations have been carried out, verify the extent to which such concentrations present dangers to the media pluralism and editorial independence, and issue proposals how to remedy such dangers. National independent authorities or bodies will report the result of the post-concentration evaluation to the Board.
Amendment 1200 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 6 b (new)
Article 21 – paragraph 6 b (new)
6b. In case of media concentrations, National Competition Authorities and National Regulatory Authorities shall cooperate particularly when assessing their impact on media pluralism and media freedom. National Regulatory Authorities shall provide a reasoned opinion to such consultation. For concentrations distorting competition, National Competition Authorities shall impose proportionate remedies, such as structural remedies.
Amendment 1201 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 6 c (new)
Article 21 – paragraph 6 c (new)
6c. The assessments and opinions referred to in this Article shall be made publicly available.
Amendment 1202 #
2022/0277(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
22 Opinions on media marketAssessments of concentrations by the Board
Amendment 1206 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In the absence of an assessment or a consultation and, if applicable, remedies pursuant to Article 21, the Board, upon request of the Commission, shall draw up an opinionassessment on the impact of a media market concentration affecting the media market on media pluralism and editorial independence, where a media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinionassessment on the elements set out in Article 21(2). The Board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the European Parliament and to the Commission.
Amendment 1212 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. The Board shall take utmost account of input from civil society and industry groups when deciding whether to draw up an assessment on a concentration which would objectively impact the media market despite neither party being a media market service provider.
Amendment 1214 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 b (new)
Article 22 – paragraph 1 b (new)
1b. When conducting its assessments, the Board shall take into account the assessments conducted by Member States pursuant to Article 21 of this Regulation, the findings of the Commission’s Annual Rule of Law report and its country- specific reports, as well as of those instruments such as the Media Pluralism Monitor, and it shall consult with the relevant stakeholders. The Board shall also take into account any other information that it may deem relevant for its assessment.
Amendment 1215 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 c (new)
Article 22 – paragraph 1 c (new)
1c. The Board shall prepare a report with the findings of its assessments, the methodology used and the follow-up recommendations.
Amendment 1216 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 d (new)
Article 22 – paragraph 1 d (new)
1d. The National Regulatory Authority who is addressed by the opinion assessment shall report to the Board within 90 days concerning the measures it has taken to comply with the recommendations
Amendment 1217 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1 e (new)
Article 22 – paragraph 1 e (new)
1e. The Board adopts a subsequent assessment concerning the National Regulatory Authority’s report and informs the Commission of the report and its opinion.
Amendment 1219 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Following the opinionassessment of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter.
Amendment 1222 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. OpinionAssessments by the Board and, where applicable, the opinions by the Commission shall be made publicly available.
Amendment 1224 #
2022/0277(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Amendment 1225 #
2022/0277(COD)
Proposal for a regulation
Article 22 b (new)
Article 22 b (new)
Amendment 1226 #
2022/0277(COD)
Proposal for a regulation
Article 22 c (new)
Article 22 c (new)
Article22c Delegated acts 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 22a and 22b shall be conferred on the Commission for an indeterminate period of time from [OP please insert the date = 6 months after the date of entry into force of this Regulation]. 3. The power to adopt delegated acts referred to in Articles 22a and 22b may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Articles 22a and 22b shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.
Amendment 1228 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Audience measurement systems and methodologies shall comply with principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability.
Amendment 1240 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejudice to the protection of undertakings’ business secretstrade secrets within the meaning of Article 2(1) of Directive (EU) 2016/943, providers of proprietary audience measurement systems shall provide, without undue delay and free of costs, to media service providers and advertisers, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the methodology used by their audience measurement systems. This provision shall not affect the Union’s data protection and privacy rules.
Amendment 1244 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by pProviders of audience measurement systems, together with media service providers, their representative organisations, civil society and any other interested parties, shall draw up codes of conduct, with the support of national regulatory authorities or bodies that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits. These codes of conduct should provide for regular, transparent and independent monitoring and evaluation of the achievement of these objectives. The codes of conduct should provide effective implementation including through proportionate sanctions where appropriate. In the drawing up of codes of conduct, special consideration should be given to small media to ensure proper measurements of their audiences.
Amendment 1257 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. The Board shall foster the exchange of best practices related to the deployment of audience measurement systems through a regular dialogue between representatives of the national regulatory authorities or bodies, representatives of providers of audience measurement systems and media service providers , civil society organisations and other interested parties.
Amendment 1260 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 5 a (new)
Article 23 – paragraph 5 a (new)
5a. The obligations imposed under this Regulation are without prejudice to audiences’ right to protection of personal data as provided by Article 8 of the Charter of Fundamental Rights read in conjunction with Regulation 2016/679 (General Data Protection Regulation).
Amendment 1261 #
2022/0277(COD)
Proposal for a regulation
Article 24 – title
Article 24 – title
Amendment 1267 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Public funds or any other consideration or advantage granallocated by public authorities to media service providers for the purposes of advertisingand providers of online platforms shall be awarded according to transparent, objective, proportionate and non- discriminatory criteria and through open, proportionate and non-discriminatory procedures. This Article shall not affect public procurement rules.
Amendment 1269 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. Prior to allocating state advertising and other state financial support to media service providers and providers of online platforms, public authorities shall ensure that the specific criteria employed to determine the allocation of state financial support according to paragraph 1 are made available to the public through electronic and user-friendly means.The national regulatory authorities will consult national media stakeholders on the development of the criteria and methodology and hold consultations with the stakeholders on the results.
Amendment 1276 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, includingat Union, national, federal or, regional or local level governments, regulatory authorities or bodies, as well as state- owned enterprises or other state- controlled entities at the national or, regional level, or local governments of territorial entities of more than 1 million inhabitants, shall make publicly availablelevel, shall make publicly available through electronic and user-friendly means accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditureand other financial support allocated to media service providers and providers of online platforms, which shall include at least the following details:
Amendment 1284 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) the legal names of media service providers and providers of online platforms from which advertising services were purchased ;or whom they have financially supported;
Amendment 1289 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) the total annual amount spent as well as the amounts spent per media service provider.;
Amendment 1291 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b a (new)
Article 24 – paragraph 2 – point b a (new)
(ba) the amounts spent per media service provider and provider of online platforms;
Amendment 1294 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. In the two months preceding an election, no public funds or any other consideration or advantage shall be allocated by public authorities to media service providers and providers of online platforms unless it concerns information relating to the procedures of the election.
Amendment 1298 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. National regulatory authorities or bodies shall monitor the allocation of state advertising in media marketfinancial support to media service providers and providers of online platforms. In order to assess the accuracy of the information on state advertising and other financial support made available pursuant to paragraph 2, national regulatory authorities or bodies may request from the entities referred to in paragraph 2 further information, including information on the application of criteria referred to in paragraph 1.
Amendment 1305 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. Member States shall entrust the national regulatory authorities or bodies with developing and maintaining dedicated online databases of state advertising and other financial support , containing disaggregated data defined in paragraph 2
Amendment 1308 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 b (new)
Article 24 – paragraph 3 b (new)
3b. Public authorities allocating state advertising and other financial support shall submit the information defined in paragraph 2, to the national databases established according to paragraph 3
Amendment 1309 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 c (new)
Article 24 – paragraph 3 c (new)
3c. National regulatory authorities or bodies shall submit data provided according to paragraph 3 to the European Database of State advertising and other financial support on a quarterly basis.
Amendment 1310 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 d (new)
Article 24 – paragraph 3 d (new)
3d. Member states shall publish, on an annual basis, details of all contracts with state bodies, to business groupings and their beneficial owners, which own media. This report should be published alongside the yearly National Regulatory Authorities reports on state advertising and other financial support.
Amendment 1312 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The allocation of state resources to media service providers and providers of online platforms for the purpose of purchasing goods or services from them other than state advertising shall be subject to the requirements set out in paragraph 1this Article. This Article shall not affect the application of the State aid rules.
Amendment 1318 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. The Commission shall in its monitoring exercise take account of the Board’s reports, assessments and recommendations, input from civil society, the results from the Media Pluralism Monitor and the findings from Rule of Law Reports.
Amendment 1319 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – introductory part
Article 25 – paragraph 3 – introductory part
3. The monitoring exercise shall include, in particular:
Amendment 1325 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point a
Article 25 – paragraph 3 – point a
(a) a detailed analysis of the resilience of media markets of allin Member States, including as regards the level of media concentration and risks of foreign information manipulation and interference;
Amendment 1326 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point b
Article 25 – paragraph 3 – point b
(b) an overview and forward-looking assessment of the resilience of the internal market for media services as a whole, including as regards the degree of concentration of the market;
Amendment 1331 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c a (new)
Article 25 – paragraph 3 – point c a (new)
(ca) an overview of the allocation of state advertising and state financial support to media service providers and providers of online platforms
Amendment 1336 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c b (new)
Article 25 – paragraph 3 – point c b (new)
(cb) an assessment of the rules and practices in the allocation of public subsidies to media services.
Amendment 1339 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c c (new)
Article 25 – paragraph 3 – point c c (new)
(cc) a detailed analysis around media pluralism and editorial independence at the European, national, regional and local levels
Amendment 1342 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c d (new)
Article 25 – paragraph 3 – point c d (new)
(cd) a detailed analysis of the independence of National Authorities or bodies.
Amendment 1347 #
2022/0277(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. By [fourtwo years after the entry into force of this Regulation] at the latest, and every two four years thereafter, the Commission shall evaluate the implementation of this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee about the findings and follow-up measures.
Amendment 1352 #
2022/0277(COD)
Proposal for a regulation
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3a. In carrying out the evaluations referred to in paragraph 1, the Commission shall evaluate, in particular, the effective implementation of and compliance with the obligations laid down in this Regulation.
Amendment 20 #
2022/0212(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the cultural and creative sectors and industries continue to suffer from the consequences of the COVID-19 pandemic; points out, furthermore, that the rising inflation, caused by the war in Ukraine is worsening the situation and therefore a bolstering of the Creative Europe Programme is needed; consequently, insists on the need to reinstate at least half of the budgetary cut to Creative Europe Programme, which was proposed by the Commission for 2023 when compared to 2022 and in order to provide targeted support for the creative sectors and industries, including the performing arts and in particular the live performance sector;
Amendment 28 #
2022/0212(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises the urgent need for more funding to fight disinformation; insists, in this regard, that the budget for the Cross-Sectoral and Media Strands under Creative Europe should be reinforced, and that there is a need to explore possibilities to establish a permanent Union news media fund to empower independent news coverage, safeguard the independence of European journalists and journalism, and guarantee the freedom of the press;
Amendment 37 #
2022/0212(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Insists that the New European Bauhaus initiative should not be funded at the expense of the Creative Europe Programme; in this regard, recalls the Parliament position for an indispensable and swift mid-term revision of the Multiannual Financial Framework to respond to the long-term consequences of the current crisis, to additionally explore the possibilities to establish a long-term dedicated funding for the New European Bauhaus initiative and for the European Education Area, as well as a permanent Union news media fund to empower independent news coverage, safeguard the independence of European journalists and journalism, and guarantee the freedom of the press;
Amendment 33 #
2022/0117(COD)
Proposal for a directive
Title 1
Title 1
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”)
Amendment 34 #
2022/0117(COD)
Proposal for a directive
Citation 2 a (new)
Citation 2 a (new)
Having regard to the opinion of the European Economic and Social Committee,
Amendment 37 #
2022/0117(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Article 10(3) of the Treaty on European Union states that every Union citizen has the right to participate in the democratic life of the Union. The Charter of Fundamental Rights of the European Union (the ‘Charter’) provides, inter alia, for the rights to respect for private and family life (Article 7), the protection of personal data (Article 8), freedom of expression and information, which includes respect for the freedom and pluralism of the media (Article 11), freedom of assembly and of association (Article 12) and to an effective remedy and to a fair trial (Article 47).
Amendment 40 #
2022/0117(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) As recognised by consistent jurisprudence of the ECtHR in relation to the interpretation of relevant provisions of the ECHR, in the light of which the Charter shall be interpreted and applied pursuant to its Article 52(3), the right to freedom of expression and information may also be given expression through the exercise of other rights and freedoms, including the right to freedom of assembly and of association, as set forth in Article 12 of the Charter, and the freedom of the arts and sciences, including academic freedom, as set forth in Article 13 of the Charter. Article 12 of the Charter also explicitly guarantees the right of everyone to form and to join trade unions for the protection of his or her interests, which is further consolidated in Article 28 of the Charter, guaranteeing the right of collective bargaining and action. The ECHR also imposes a positive obligation on contracting states to safeguard the freedom and pluralism of the media and to create a favourable environment for participation in the public debate.
Amendment 48 #
2022/0117(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The purpose of this Directive is to provide minimum rules at Union level in order to ensure the protection tof natural and legal persons who engage in public participation on matters of public interest, in particularcluding journalists and human rights defenders, media outlets and rights defenders, in particular, human rights, environmental, women's and LGBTIQ+ rights defenders, as well as civil society organizations, NGOs, activists, trade unions, artists, researchers, academics, bloggers, whistleblowers and political opposition, against court proceedings, which are initiated against them to deter them from public participation (commonly referred to as strategic lawsuits against public participation or ‘SLAPPs’).
Amendment 58 #
2022/0117(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Investigative journalists in particular play a key role in combating organised crime, corruption and extremism. Their work carries particularly high risks and they are experiencing a growing number of attacks, threats and harassment. A robust system of safeguards is needed to enable them to fulfil their crucial role as watchdogs on matters of legitimate public interest.
Amendment 63 #
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, gender equality and the rule of law. They should be able to participate actively in public life, hold power to account, 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 background, labour rights, including trade union rights, or religious freedoms. Other participants in public debate, such as academics and, researchers, artists, whistleblowers and political opposition also deserve adequate protection.
Amendment 68 #
2022/0117(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Environmental defenders also play a key role to protect fundamental rights and to reach the environmental objectives set by the European Union, and shall in no way be persecuted or harassed for their involvement in activities to protect human rights, environmental and climate rights. In recent years, environmental defenders have been subjected to ever-increasing incidences of killings, threats, harassment, intimidation, smear campaigns, criminalisation and judicial harassment.
Amendment 71 #
2022/0117(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) Women's and LGBTIQ+ rights defenders also play an instrumental role in promoting and defending gender equality as well as providing support and protection to victims of gender-based violence. Women’s rights and LGBTIQ+ defenders as well as the organisations defending them are increasingly under attack and face threats and violence that lead to self-censorship. Abusive court proceedings are increasingly being used against them in order to hinder progress in achieving gender equality.
Amendment 75 #
2022/0117(COD)
Proposal for a directive
Recital 9
Recital 9
(9) To foster this environment, it is important to protect jonaturnalists and human rights defenderslegal persons who engage in public participation from court proceedings against public participation. Over the years, SLAPPs have increasingly been used to criminalise solidarity, as well as activists defending women’s rights, gender equality and LGBTIQ+ rights, increasingly questioning their role as public watchdogs and contributing to the shrinking space for civil society in the Union. Such court proceedings are not initiated for the purpose of access to justice, but to silence public debate typically using. They often use harassment and intimidation.
Amendment 80 #
2022/0117(COD)
Proposal for a directive
Recital 10
Recital 10
(10) SLAPPs are typically initiated by powerful individuals or entities, for example individuals, lobby groups, corporations and state organs. They and authorities, including politicians and judicial authorities in an attempt to silence public debate. They can be sued for expressing critical views on the behaviour or denouncing wrongdoing, and 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 85 #
2022/0117(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Court proceedings against public participation may have an adverse impact on the credibility and reputation of journalists and human rights defenderspersons engaging in public participation and exhaust their financial and other resources. Because of such proceedings, the publication of information on a matter of public interest may be delayed or altogether avoided. The length of procedures and the financial pressure may have a chilling effect on journalists and human rights defenders. The existence of such practices may therefore have a deterrent effect on their work by contributing to self-censorship in anticipation of possible future court proceedings, which leads to the impoverishment of public debate to the detriment of society as a whole.
Amendment 86 #
2022/0117(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Those targeted by court proceedings against public participation may face multiple cases simultaneously, sometimes initiated in several jurisdictionwhich can be civil, administrative or criminal or a combination of those, sometimes initiated in several jurisdictions. Reportedly, most cases of abusive court proceedings against public participation are criminal and domestic cases. Proceedings initiated in the jurisdiction of one Member State against a person resident in another Member State are usually more complex and costly for the defendant. Claimants in court proceedings against public participation may also use procedural tools to drive up the length and cost of the litigation, and bring cases in a jurisdiction they perceive to be favourable for their case, rather than to the court best placed to hear the claim. The length of procedures, the financial pressure and the threat of sanctions, in particular criminal sanctions, constitute powerful tools to intimidate and silence critical voices. Such practices also place unnecessary and harmful burdens on national court systems.
Amendment 88 #
2022/0117(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The safeguards provided in this Directive should apply to any natural or legal person on account of their direct or indirect engagement in public participation. They should also protect natural or legal persons who, either on a professional or on a personal basis, support, assist or provide goods or services to another person for purposes directly linked to public participation on a matter of public interest. This involves for example family members, media outlets, internet providers, publishing houses or print shops, which face or are threatened with court proceedings for providingassisting, providing support or services to the person targeted with court proceedings.
Amendment 93 #
2022/0117(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive should apply to any type of legal claim or action of a civil or commercial nature with cross-border implications, including claims pending before a national court at the time of its entry into force, irrespective of whatever the nature of the court or tribunal. This includes civil claims brought in criminal proceedings. It also includes interim and precautionary measures, counteractions or other particular type of remedies available under other instruments.
Amendment 95 #
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, unless national law provide for it. In line with established case law of the Court of justice of the European Union, court proceedings might still fall in the scope of ‘civil and commercial matters’ as referred to in this Directive where a State or a public body is a party, when the acts or omissions are not made in the exercise of State authority.
Amendment 97 #
2022/0117(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Public participation should mean any statement or activity, preparatory, supporting or assisting action directly linked thereto, by a natural or legal person expressed or carried out in the exercise of fundamental rights and freedoms such as the right to freedom of expression and information on a matter of public interest, such as the creation, exhibition, advertisement or other promotion of journalistic content, news or current affairs, political, scientific, academic, artistic, commentary or satirical communications, publications or works, and any preparatory activities directly linked thereto. It can also include activities related to the exercise of academic and artistic freedom, the right to freedom of association and peaceful assembly, such as the organisation of or participation to lobbying activities, demonstrations and protests or activities resulting from the exercise of the right to good administration and the right to an effective remedy, such as the filing of complaints, petitions, administrative and judicial claims and participation in public hearings. Public participation should also include preparatory, supporting or assisting activities that have a direct and inherent link to the statement or activity in question and that are targeted to stifle public participation. In addition, it can cover other activities meant to inform or influence public opinion or to further action by the public, including activities by any private or public entity in relation to an issue of public interest, such as the organisation of or participation to research, surveys, campaigns or any other collective actions.
Amendment 101 #
2022/0117(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Public participation should not normally cover commercial advertisement and marketing activity, which are typically not made in the exercise of freedom of expression and information.
Amendment 103 #
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, including the conditions under which these are produced and provided, where such matters are relevant to public health, safety, the environment, climate, rule of law or enjoyment of fundamental rights, including labour rights, media freedom and pluralism, non- discrimination, gender equality and protection from gender-based violence. 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 107 #
2022/0117(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Allegations of corruption, fraud, money laundering, extortion, coercion or other forms of intimidation and criminality including environmental crime are also matters of public interest. Activities aimed to protect the rule of law to fight disinformation, as well as scientific and research activities, including in the field of environment and climate also qualify as matters of public interest.
Amendment 109 #
2022/0117(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Abusive court proceedings typically involve litigation tactics used in bad faith such as delayingrelying on one or more fully or partially unfounded claim, exploiting an economic advantage or political influence by the claimant against the defendant leading to an imbalance of power between the two parties, as well as requesting exaggerated or excessive damage claims or disproportionate prior restraint measures, which delays proceedings, causing disproportionate costs to the defendant in the proceedings or forum shopping. These tactics are used by the claimant for other purposes than gaining access to justice. Such tactics are often, although not always, combined with various forms of intimidation, harassment or threats.
Amendment 115 #
2022/0117(COD)
Proposal for a directive
Recital 22
Recital 22
(22) A matter should be considered to have cross-border implications unless both parties are domiciled in the same Member State as the court seised. Even where both parties are domiciled in the same Member State as the court seised, a matter should be considered to have cross-border implications in two other types of situations. The first situation is where the specific act of public participation, including online, concernings a matter of public interest at stake is relevant to more than one Member State either due to the cross-border nature or dimension of the act itself, or due to the legitimate interest which the public in different Member States may take in the matter of public interest concerned by the act. That includes for instance public participation in events organised by Union institutions, such as appearances in public hearings, or statements or activities on matters that are of specific relevance to more than one Member State, such as economic or political activity of cross-border relevance, cross-border pollution or, allegations of money laundering with potential cross- border involvement or cross-border enjoyment or abuse of fundamental rights or freedoms under EU law. The second situation where a matter should be considered to have cross-border implications is when the claimant or associated entities have initiated concurrent or previous court proceedings against the same or associated defendants in another Member State. These two types of situations take into consideration the specific context of SLAPPs.
Amendment 117 #
2022/0117(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Defendants should be able to apply for the following procedural safeguards: a request for a security to cover procedural costs, or procedural costs and damages, a request for an early dismissal of manifestfully or partially unfounded court proceedings, a request for remedies against abusive court proceedings (award of costs, compensation of damages and penalties), or all of them at the same time. Court proceedings brought against natural or legal persons on account of their engagement in public participation should be dealt with in a swift and effective manner, taking into account the circumstances of the case, and the right to an effective remedy and the right to a fair trial.
Amendment 119 #
2022/0117(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Any entity safeguarding or promoting the rights of persons engaging in public participation or otherwise bearing an interest in the defence of the public participation activity targeted by a SLAPP shall have the opportunity to take part in those proceedings, either in support of the defendant or to provide information. Such possibility of legal representation should be without prejudice to the right and competences of trade unions and workers’ representatives to engage on behalf of or in support of workers in judicial proceedings, in accordance with other Union and national rules.
Amendment 125 #
2022/0117(COD)
Proposal for a directive
Recital 26
Recital 26
(26) To provide the defendant with an additional safeguard, there should be a possibility to grant him or her a security to cover procedural costscosts, including procedural costs, legal representation and/or damages, when the court considers that even if the claim is not manifestly unfounded, there are elements indicating an abuse of procedure and the prospects for success in the main proceedings are low. A security does not entail a judgement on the merits but serves as a precautionary measure ensuring the effects of a final decision finding an abuse of procedure. It should be for Member States to decide whether a security should be ordered by the court on its own motion or upon request by the defendant.
Amendment 128 #
2022/0117(COD)
Proposal for a directive
Recital 30
Recital 30
(30) If a defendant has applied for early dismissal, it should be for the claimant in the main proceedings to prove in the accelerated procedure that the claim is not manifestpartially or fully unfounded. When seeking to avoid an early dismissal, the claimant shall establish a prima facie case as to each essential element of the cause of action that the claim is not fully or partially unfounded. This does not represent a limitation of access to justice, taking into account that the claimant carries the burden of proof in relation to that claim in the main proceedings and only needs to meet the much lower threshold of showing that the claim is not manifestly unfounded in order to avoid an early dismissal.
Amendment 130 #
2022/0117(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) Early dismissal of fully or partially unfounded claims does not constitute an undue infringement of the right of access to justice. Under this Directive, Member States shall empower their tribunals and courts with the possibility to adopt early decisions to dismiss, but such decisions shall be adopted by the judge on a case- by-case basis, in claims where the aim of the claimant is not to genuinely assert, vindicate or exercise a right. Moreover, claimants shall always be entitled to lodge an appeal against the early decision to dismiss.
Amendment 132 #
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. Where the domestic law does not guarantee the compensation of costs for legal representation beyond statutory fee tables, the court should be enabled to indemnify costs not encompassed in statutory fee tables through the award of damages. Full compensation of damages should include both material and immaterial damages, such as physical and psychological harm.
Amendment 134 #
2022/0117(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) Any natural or legal person who has suffered harm as a result of an abusive court proceedings against public participation should be able to claim and to obtain full compensation for that harm, without the need to initiate separate court proceedings to that end. Full compensation for harm should cover both material and immaterial damage. Material damage includes notably lawyer fees, when they are not reimbursable as costs, travel expenses and medical costs, in particular psychological assistance. Pre-trial costs should be also considered as material damages, if they are not included in costs according to national laws. Immaterial damage includes in particular different forms of physical and/or psychological harm, pain and suffering or emotional distress related to the court proceedings, impairment of life or of relationship, reputational damage and in general, any types of intangible damage.
Amendment 135 #
2022/0117(COD)
Proposal for a directive
Recital 32
Recital 32
(32) The main objective of giving courts or tribunals the possibility to impose penalties is to deter potential claimants from initiating abusive court proceedings against public participation. Such penalties should be determined on a case-by-case basis and be proportionate to the elements of abuse identified to the amount of the claim and to the financial situation of the claimant, specifically when the claimant is a legal person. When establishing amounts for penalties, courts should take into account the potential for a harmful or chilling effect of the proceedings on public participation, including as related to the nature of the claim, whether the claimant has initiated multiple or concerted proceedings in similar matters and the existence of attempts to intimidate, harass or threat the defendant.
Amendment 138 #
2022/0117(COD)
Proposal for a directive
Recital 33
Recital 33
(33) In the cross-border context, it is also important to recognize the threat of SLAPPs from third countries targeting journalists, human rights defenders and other persons engaged in public participation who are domiciled in the European Union. They may involve excessive damages awarded against EU journalists, human rights defenders and otherspersons engaging in public participation in the EU. Court proceedings in third- countries are more complex and costly for the targets. To protect democracy and freedom of expression and information in the European Union and to avoid that the safeguards provided by this Directive are undermined by recourse to court proceedings in other jurisdictions, it is important to provide protection also against manifestly unfounded and abusive court proceedings in third countries.
Amendment 139 #
2022/0117(COD)
Proposal for a directive
Recital 36
Recital 36
(36) This Directive is complementary to the 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”). This recommendation is addressed to Member States and it provides a comprehensive toolbox of measures including training, awareness-raising, support to targets of abusive court proceedings and data collection, reporting and monitoring of court proceedings against public participation. When transposing this Directive, Member States should also ensure the implementation of the Commission’s recommendation. In this regard, Member States should pay particular attention to the implementation of the recommendations concerning, in particular, the inclusion of safeguards similar to those provided for by the present Directive for domestic cases not covered by the scope of this Directive, the provision of legal assistance to defendants in an affordable and easily accessible manner, and ensure the inclusion in their national transposition laws of targeted provisions to that effect.
Amendment 141 #
2022/0117(COD)
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36a) This Directive provides comprehensive support and preventive measures, including the establishment of national funds by Member States, non- financial support mechanisms such as the provision of legal aid and psychological support, as well as training, awareness- raising and data collection measures. It also seeks to ensure the collection of data by establishing common criteria at EU level. A national focal point should be established to gather and share information on all organisations that provide guidance and support for targets of abusive court proceedings against public participation. Such organisations may include associations of legal professionals, media and press councils, umbrella associations for human rights defenders, associations at Union and national level, law firms defending targets of manifestly unfounded or abusive court proceedings against public participation pro bono, legal clinics of universities and other non-governmental organisations.
Amendment 143 #
2022/0117(COD)
Proposal for a directive
Recital 36 b (new)
Recital 36 b (new)
(36b) Training for journalists, other media professionals and human rights defenders should strengthen their capacity to deal with abusive court proceedings against public participation. It should focus on recognising such court proceedings, how to manage being targeted by them and inform them of their rights and obligations in order for them to be able to take the necessary steps to protect themselves against such proceedings. Training should also be provided to legal professionals in order to increase awareness of abusive court proceedings and be able to detect them at a very early stage.
Amendment 144 #
2022/0117(COD)
Proposal for a directive
Recital 36 c (new)
Recital 36 c (new)
(36c) National Funds should be established by Member States to support and compensate victims of abusive court proceedings. The national funds should be partially funded by penalties.
Amendment 145 #
2022/0117(COD)
Proposal for a directive
Recital 36 d (new)
Recital 36 d (new)
(36d) The collection of data is paramount to document cases of abusive court proceedings and to provide solutions in order to prevent them. This Directive should establish common criteria to standardise the data collection procedures in Member States and ensure that comparable data is collected.
Amendment 146 #
2022/0117(COD)
Proposal for a directive
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
-1 This Directive sets minimum standards of protection of natural and legal persons who engage in public participation, playing an important democratic role in upholding public debate, fundamental rights and values, social inclusion, environmental protection and the rule of law, as well as strengthening democracy, gender equality, media freedom and pluralism in the EU.
Amendment 147 #
2022/0117(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive provides procedural safeguards against manifestly unfounded or abusive court proceedings, or threats of initiating legal action, in civil matters with cross- border implications brought directly or indirectly against natural andor legal persons, in particular journalists and human rights defenderssuch as journalists, media outlets and rights defenders, in particular, human rights, environmental, women's and LGBTIQ+ rights defenders, as well as civil society organizations, NGOs, activists, trade unions, artists, researchers, academics, bloggers, whistleblowers and political opposition, on account of their engagement in public participation, including online.
Amendment 153 #
2022/0117(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
The implementation of this Directive shall in no circumstances constitute grounds for a reduction in the level of safeguards already afforded by Member States in the matters covered by this Directive.
Amendment 154 #
2022/0117(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive shall apply to matterany type of legal claims or actions of a civil or commercial nature with cross- border implications, whatever the nature of the court or tribunal including claims pending before a national court at the time of its entry into force, irrespective of the nature of the court or tribunal. It shall include civil claims brought in criminal proceedings. 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) unless national law provides for it.
Amendment 155 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘public participation’ means any statement or activity, preparatory, supporting or assisting action directly linked thereto, by a natural or legal person, expressed or carried out in the exercise of the right tofundamental rights and freedoms such as freedom of expression and information on a matter of public interest, and preparatory, supporting or assistfreedom of association and assembly, academic and artistic freedom, freedom of science and culture, the right of collective bargaining and action directly linked thereto. This include, the right to an effective remedy and the right to good administration. This includes any activity regardless of the nature, medium or format, which serves the disclosure, dissemination or promotion of information to the public such as complaints, petitions, administrative or judicial claims and participation in public hearings;
Amendment 159 #
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, including labour rights, non-discrimination, gender equality and protection from gender- based violence, as well as media freedom and pluralism;
Amendment 167 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point d
Article 3 – paragraph 1 – point 2 – point d
(d) allegations of corruption, fraud or criminality, money laundering, extortion, coercion or other forms of intimidation and or criminality, including environmental crime;
Amendment 172 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e
Article 3 – paragraph 1 – point 2 – point e
(e) activities aimed to protect democracy, the rule of law and to fight disinformation;
Amendment 174 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e a (new)
Article 3 – paragraph 1 – point 2 – point e a (new)
(ea) scientific and research activities, including in the field of environment and climate;
Amendment 175 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e b (new)
Article 3 – paragraph 1 – point 2 – point e b (new)
(eb) academic and artistic activities;
Amendment 177 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – introductory part
Article 3 – paragraph 1 – point 3 – introductory part
3. ‘abusive court proceedings against public participation’ mean court proceedings brought in relation to public participation that are fully or partially unfoundedcharacterised by elements indicative of an abusive use of the judicial process for purposes other than genuinely asserting, vindicating or exercising a right and have as their main purpose to prevent, restrict or penalize public participation. Indications of such a purpose can be:
Amendment 181 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point -a (new)
Article 3 – paragraph 1 – point 3 – point -a (new)
(-a) the reliance of the court proceedings on one or more claims that are fully or partially unfounded;
Amendment 182 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point -a a (new)
Article 3 – paragraph 1 – point 3 – point -a a (new)
(-aa) the exploitation of economic advantage or political influence by the claimant against the defendant, leading to an imbalance of power between the two parties;
Amendment 188 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)
Article 3 – paragraph 1 – point 3 – point c a (new)
(ca) the use of procedural tactics, such as delaying proceedings, and forum shopping;
Amendment 191 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c b (new)
Article 3 – paragraph 1 – point 3 – point c b (new)
(cb) a history of legal intimidation by the claimant, in the form of threats of legal action;
Amendment 194 #
2022/0117(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the act of public participation, including online, concernings a matter of public interest against which court proceedings are initiated is relevant to more than one Member State either due to the cross-border nature or dimension of the act itself, or due to the interest which the public in different Member States may take in the matter concerned by the act, or
Amendment 198 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) early dismissal of manifestly unfounded court proceedingfully or partially unfounded claims in accordance with Chapter III;
Amendment 204 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States mayshall provide that measures on procedural safeguards in accordance with Chapters III and IV can be taken by the court or tribunal seised of the matter ex officio.
Amendment 205 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States shall ensure that court proceedings brought against natural or legal persons on account of their engagement in public participation are dealt with in a swift and effective manner, taking into account the circumstances of the case, the right to an effective remedy and the right to a fair trial.
Amendment 208 #
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 organisations safeguarding or promoting the rights of persons engaging in public participationcivil society organisations engaging in public participation, including non-governmental organisations safeguarding or promoting the rights of persons or the protection of the environment, trade unions and professional associations and other collective bodies acting in the interest of the defendant may take part in those proceedings, either in support of the defendant or on their behalf with the defendant’s approval, or to provide information.
Amendment 214 #
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 costs, including procedural costs, or for proceduralcosts of legal representation, and other associated costs and damages, if it considers such security appropriate in view of presence of elements indicating abusive court proceedings against public participation as defined in Article 3(3) of this Directive.
Amendment 215 #
2022/0117(COD)
Proposal for a directive
Chapter III – title
Chapter III – title
Amendment 218 #
2022/0117(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall empower courts and tribunals to adopt an early decision to dismiss, in full or in part, court proceedings against public participation as manifestly unfoundedwhen they rely on claims that are fully or partially unfounded in the meaning of Article 3(3) of this Directive.
Amendment 229 #
2022/0117(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
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 manifestfully or partially unfounded.
Amendment 232 #
2022/0117(COD)
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Pursuant to paragraph 1, when seeking to avoid an early dismissal, the claimant shall establish a prima facie case, as to each essential element of the court proceedings, that the claim is not fully or partially unfounded.
Amendment 235 #
2022/0117(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall take the necessary measures to ensure that a claimant who has brought abusive court proceedings against public participation can 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. This award of costs should be an automatic feature of the court’s decision within the same proceedings.
Amendment 236 #
2022/0117(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Where the domestic law does not guarantee the compensation of costs for legal representation beyond statutory fee tables, the court should be enabled to indemnify costs not encompassed in statutory fee tables through compensation of damages pursuant to Article 15.
Amendment 237 #
2022/0117(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall 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, without the need to initiate separate court proceedings to that end.
Amendment 238 #
2022/0117(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Member States shall ensure that full compensation for harm covers: (a) material damage, including but not limited to lawyer fees, when they are not reimbursable as costs, travel expenses and medical costs, in particular psychological assistance. Pre-trial costs should be considered material damages, if they are not included in costs according to national laws; (b) immaterial damage, including but not limited to different forms of physical and/or psychological harm, pain and suffering or emotional distress related to the court proceedings, impairment of life or of relationship, reputational damage and in general, any types of intangible damage.
Amendment 239 #
2022/0117(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall provide that courts or tribunals seised of abusive court proceedings against public participation have the possibility to impose effective, proportionate and dissuasive penalties on the party who brought those proceedings. 2. Member States shall ensure that the level of penalties are quantified and proportionate to the elements of abuse identified, to the amount of the claim and to the financial situation of the claimant, specifically when the claimant is a legal person. The potential for a harmful or chilling effect of the proceedings on public participation, including as related to the nature of the claim, whether the claimant has initiated multiple or concerted proceedings in similar matters and the existence of attempts to intimidate, harass or threaten the defendant, shall also be taken into account.
Amendment 240 #
2022/0117(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that the recognition and enforcement of a third- country judgment in court proceedings on account of public participation by natural or legal person domiciled in a Member State is refused as manifestly contrary to public policy (ordre public) if those proceedings would have been considered manifestly unfounded or abusfully or partially abusive as defined in Article 3(3) of this Directive if they had been brought before the courts or tribunals of the Member State where recognition or enforcement is sought and those courts or tribunals would have applied their own law.
Amendment 241 #
2022/0117(COD)
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
2. Member States shall take the measures necessary to ensure that, where a court refuses recognition and enforcement of a third-country judgment in accordance with paragraph 1, the defendant is able to request and obtain from the court or tribunal of the Member State where recognition or enforcement is sought a declaratory judgment on the abusive nature of court proceedings on account of public participation pursuant to its own law.
Amendment 242 #
2022/0117(COD)
Proposal for a directive
Chapter V a (new)
Chapter V a (new)
CHAPTER VI - SUPPORT MEASURES Article 18a - National Fund 1. Member States shall establish a national fund for the compensation of any natural or legal person who has suffered harm as a result of an abusive court proceedings against public participation not covered by already existing national schemes for compensation to victims. 2. Member States shall ensure that organisations providing guidance and support for targets of abusive court proceedings against public participation are provided with sufficient resources in order to perform their tasks adequately. To this end, the fund provided for in paragraph 1 shall also be dedicated to provide financial support towards them, in particular to make sure that they have sufficient resources to react quickly against such proceedings. 3. National funds shall be partially funded by the penalties as provided for in Article 16 of this Directive. Member States shall decide on the amount of the penalties to be covered by the national funds. Article 18b - Non-financial support mechanisms 1. Member States shall ensure that non-financial support mechanisms are provided to persons engaging in public participation. Such measures shall include the provision of legal aid and psychological support, as well as information concerning the organisations providing guidance and support for targets of abusive court proceedings against public participation. The support and assistance shall be accessible and free of charge. 2. Member States shall establish a national focal point that gathers and shares information on all organisations that provide guidance and support for targets of abusive court proceedings against public participation. 3. Member States shall facilitate the exchange of information and best practices between organisations that provide guidance and support for targets of abusive court proceedings against public participation.
Amendment 243 #
2022/0117(COD)
Proposal for a directive
Chapter V b (new)
Chapter V b (new)
Amendment 244 #
2022/0117(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States shall provide the Commission with all relevant information regarding the application of this Directive, in particular available data collected on the basis of Article 18e on data collection by [53 years from the date of transposition]. On the basis of the information provided, the Commission shall by [64 years from the date of transposition] at the latest, and every 5 years thereafter, submit to the European Parliament and the Council a report on the application of this Directive. The report shall provide an assessment of the evolution of abusive court proceedings against public participation and the impact ofassessing the purpose and objectives of this Directive. In particular, the report shall: (a) contain an assessment of the correct implementation of this Directive and its accompanying Recommendation by Member States. (b) provide an overview of the evolution of abusive court proceedings against public participation (c) assess compliance by Member States of Article 18e and provide an overview, findings and recommendations of the data collected. (d) provide an evaluation of the impact of this Directive in the Member States. (e) measure the progress made in preventing abusive court proceedings against public participation based on objective criteria included in the evaluation. (f) assess the possible need to amend this Directive. In this regard, the report shall be accompanied by legislative proposals to amend this Directive. (g) provide a detailed analysis of potential abusive court proceedings against public participation not covered under this Directive and consider the need for proposing new legislation to cover them. The analysis shall be accompanied by concrete proposals in this Ddirective in the Member States. If necessary, the reporon. (h) provide an overview about the steps taken by Member States to review their legal frameworks applicable to defamation to ensure that existing concepts and definitions cannot be used in the context of abusive court proceedings against public participation, and of the progress made by Member States in following the recommendations by the Council of Europe and OSCE. (i) assess whether the legal frameworks in Member States provide for the necessary safeguards to address abusive court proceedings, in full respect of fundamental rights and freedoms, and ensure protection. This assessment shall be accompanied by concrete proposals to amend this Directive. and recommendations. (j) follow-up on the progress achieved since the presentation of the last report.
Amendment 182 #
2022/0066(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating violence against women and domesticall forms of gender-based violence, including cyber violence
Amendment 189 #
2022/0066(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to provide a comprehensive framework to effectively combat violence against women and domesticgender-based violence throughout the Union. It does so by estrengthening and introducing measurablishing minimum rules in the following areas: the definition of relevant criminal offences and penalties, the protection of victims and access to justice, victim support, prevention, coordination and cooperation.
Amendment 212 #
2022/0066(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Equality between women and men and non-discrimination are core values of the Union and fundamental rights enshrined, respectively, in Article 2 of the Treaty on European Union and in Articles 21 and 23 of the Charter of Fundamental Rights of the European Union (the ‘Charter’). Violence against women and domesticGender-based violence endangers these very principles, undermining women and girls’ rights to equality in all areas of life.
Amendment 216 #
2022/0066(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Violence against women and domesticGender-based violence violates fundamental rights such as the right to human dignity, the right to life and integrity of the person, the prohibition of inhuman or degrading treatment or punishment, the right to respect for private and family life, personal data protection, and the rights of the child, as enshrined in the Charter of Fundamental Rights of the European Union.
Amendment 223 #
2022/0066(COD)
Proposal for a directive
Recital 4
Recital 4
(4) This Directive should apply to criminal conduct which amounts to violence against women or domesticgender-based violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, intersex genital mutilation, forced sterilization, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against womengender-based violence. This includes crimes such as femicide, sexual harassment, sexual abuse, sexual violence, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses, or partners, whether or not the offender shares or has shared the same household with the victim. _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.
Amendment 239 #
2022/0066(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein without discrimination on account of any ground. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.
Amendment 241 #
2022/0066(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of gender-based violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.
Amendment 250 #
2022/0066(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Due to their vulnerability, children who witness violence against women or domesticgender-based violence suffer a direct emotional harm, which impacts their development. Therefore, such children should be considered victims and benefit from targeted protection measures.
Amendment 257 #
2022/0066(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Violence against womenGender-based violence is rooted in gender stereotypes, heteropatriarchal structures, power asymmetries as well as structural and institutional inequalities. Gender-based violence against women in all their diversity is a persisting manifestation of structural discrimination against women in all their diversity, resulting from historically unequal power relations between women and men. ItGender-based violence against women is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.
Amendment 263 #
2022/0066(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Violence against women is a persisting manifestation of structural discrimination against women in all their diversity, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.
Amendment 278 #
2022/0066(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In light of the specificities related to these types of crime it is necessary to lay down a comprehensive set of minimum rules, which addresses the persisting problem of violence against women and domesticgender-based violence in a targetedholistic manner and caters to the specific needs of victims of such violence. The existing provisions at Union and national levels have proven to be insufficient to effectively combat and prevent violence against women and domesticgender- based violence. In particular, Directives 2011/36/EU and 2011/93/EU concentrate on specific forms of such violence, while Directive 2012/29/EU of the European Parliament and of the Council38 lays down the general framework for victims of crime. While providing some safeguards for victims of violence against women and domesticgender-based violence, it is not set out to address their specific needs. _________________ 38 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).
Amendment 281 #
2022/0066(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domesticgender-based violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39 and, wthere relevant United Nations Convention on the Rights of Persons with Disabilities (CRPD), the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40 and the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in GenevaViolence and Harassment Convention 2019 (No 190), the International Labour Organization’s Discrimination (Employment and Occupation) Convention, 1958 (No 111) and the International Labour Organization’s Domestic Workers Convention, 2012 (No 189). _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.
Amendment 288 #
2022/0066(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or, sexual orientation, gender identity, gender expression and sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination and violence, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence and domestic violence. For example, acts of gender-based violence which seek to punish victims for their sexual orientation, gender expression, gender identity or sex characteristics such as so- called “corrective rape”, should be given particular attention.
Amendment 289 #
2022/0066(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Violence against women and domesticGender-based violence can be exacerbated where it intersects with discrimination based on gender or sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, state of health, marital status, migrant or refugee status, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, propertyresources, birth, disability, age or, sexual orientation, and other grounds such as gender identity, gender expression or sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination and violence, through providing specific measures whereith an intersecting forms of discrimination are presentonal approach. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities, pregnant women, women living in rural areas, and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.
Amendment 305 #
2022/0066(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Victims of violence against women and domesticgender-based violence are at an increased risk of intimidation, retaliation, secondary and repeat victimisation. Particular attention should thus be paid to these risks and to the need to protect the dignity and physical integrity of such victimphysical and psychological dignity and integrity, as well as the privacy, of such victims, and to ensure accountability of perpetrators.
Amendment 308 #
2022/0066(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain or punishment for the victim's sexual orientation, gender identity, gender expression or sex characteristics (so- called "corrective rape"). Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. .
Amendment 309 #
2022/0066(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain or punishing the victim for her sexual orientation, gender expression and/or gender identity (so-called "corrective rapes"). Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. , in particular.
Amendment 322 #
2022/0066(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Rape should explicitly include all types of sexual penetration, with any bodily part or object. The lack of explicit consent should be a central and constitutive element of the definition of rape, given that frequently no physical violence or use of force is involved in its perpetration. Initial consenwhen the act is committed. Consent should be given freely and voluntarily. It should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, and should not automatically imply consent for future acts. Non-consensual sexual penetration should constitute rape evenincluding where committed against a spouse or intimate partner.
Amendment 331 #
2022/0066(COD)
Proposal for a directive
Recital 15
Recital 15
(15) With regard to offences amounting to rape, first-offenders and offenders who have been previously convicted of offences of the same nature should be obliged to participate in intervention programmes to mitigate the risk of recidivism. and to ensure safe relations and pro-social behaviour.
Amendment 342 #
2022/0066(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to address the irreparable and lifelong damagesevere and long-lasting physical and psychological consequences that female genital mutilation has on victims, this offence should be specifically and adequately addressed in the criminal laws. Female genital mutilation is an exploitative practice that pertains to the sexual organs of a girl or a woman and that is performed for the purpose of preserving and asserting domination over women and girls and exerting social control over girls and women’s sexuality. It is sometimes performed in the context of child forced marriage or domestic violence. Female genital mutilation may occur as a traditional practice which some communities perform on their female members. It should cover practices undertaken for non-medical reasons. The term “excising” should refer to the partial or total removal of the clitoris and the labia majora. “Infibulating” should cover the closure of the labia majora by partially sewing together the outer lips of the vulva in order to narrow the vaginal opening. The term “performing any other mutilation” should refer to all other physical alterations of the female genitals.
Amendment 345 #
2022/0066(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to address the severe and long-lasting physical and psychological impairments of intersex genital mutilation performed on persons with variations of sex characteristics, also known as intersex persons, this offence should be specifically and adequately addressed in the criminal laws. Non-vital, non- consensual procedures and treatments performed on intersex children assigned female, such as labiaplasties, vaginoplasties, gonadectomies, clitoral “recession” and other forms of clitoral cutting or removal, are specifically based on sexist and misogynistic beliefs aimed at exerting control over intersex girls’ and women’s physical appearance and sexuality. The term "capacity to provide consent" shall be interpreted as the ability to understand the facts, assess the risks and benefits and balance the short- and long-term consequences of the possible choices and make a decision. Member States shall ensure that a minor is deemed capable of providing consent only if all the elements above are assessed to be in place. The term "hormonal treatments" shall be understood as any non- consensual treatments aimed at altering the sex characteristics of the person; it excludes consensual gender affirming hormonal treatments or access to hormone blockers.
Amendment 347 #
2022/0066(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Forced sterilisation is a harmful and exploitative practice that deprives victims of the ability to reproduce sexually and is used as a means of social control. It was originally based on eugenicist assumptions about the value of the lives of those affected and stereotypes about their ability to be parents, especially mothers. Racialised women, notably Romani women and girls with disabilities are particularly vulnerable to such violations, in particular those with intellectual and psychosocial disabilities, as well as those living in institutions. To combat this long- standing practice, which perpetuates discrimination, stereotypes, violence and control over women’s bodies, forced sterilisation should be specifically addressed by criminal law. The provision on forced sterilisation set out in this Directive does not cover medical interventions or surgical procedures which are carried out, for example, with the purpose of assisting a woman by saving her life.
Amendment 355 #
2022/0066(COD)
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) In order to address the severe and long-lasting physical and psychological impairments of intersex genital mutilation performed on persons with variations of sex characteristics, also known as intersex persons, this offence should be specifically and adequately addressed in the criminal laws. Non-vital, non- consensual procedures and treatments performed on intersex children assigned female, such as labiaplasties, vaginoplasties, gonadectomies, clitoral “recession” and other forms of clitoral cutting or removal, are specifically based on sexist and misogynistic beliefs aimed at exerting control over intersex girls’ and women’s physical appearance and sexuality. The term "capacity to provide consent" shall be interpreted as the ability to understand the facts, assess the risks and benefits and balance the short- and long-term consequences of the possible choices and make a decision. Member States shall ensure that a minor is deemed capable of providing consent only if all the elements above are assessed to be in place. The term "hormonal treatments" shall be understood as any non- consensual treatments aimed at altering the sex characteristics of the person; it excludes consensual gender affirming hormonal treatments or access to hormone blockers.
Amendment 360 #
2022/0066(COD)
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women politicians, journalists and human rights defenders, as well as persons who are part of marginalised communities. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide. Women and girls exposed to discrimination and violence on the basis of a combination of their sex or gender and other grounds are disproportionately affected by cyber violence, including cyber harassment or cyber incitement to violence or hatred.
Amendment 362 #
2022/0066(COD)
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women politicians, journalists, andctivists, rights defenders, including human rights defenders, and NGOs. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide. Women exposed to discrimination and violence on the basis of their gender or other grounds are disproportionately affected by cyber violence.
Amendment 372 #
2022/0066(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The use of information and communication technologies bears the risk of easy, fast and wide-spread amplificdissemination of certain forms of cyber violence with the effect of creating or enhancxacerbating profound and long-lasting harm for the victim. The potential for such amplification, whichdissemination is a pre-requisite for the perpetration of several offences of cyber violence defined under this Directive, should beand is reflected by the element of making certain material accessible, through information and communication technologies, to a ‘multitude’ ofother end- users. The term ‘multitudeother end-users’ should be understood as referring to reaching a significant number of end-users of the technologies in question, thus allowing for significant access to, and potential further distribution of that material. That term should be interpreted and applied having regard to the relevant circumstances, including the technologies used to make that material accessible and the means these technologies offer for amplificdissemination.
Amendment 375 #
2022/0066(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Especially dDue to its tendency for easy, swift and broad distribution and perpetration, as well as its intimate nature, the non-consensual sharing and making accessible of intimate images or, videos andor other material, including those that depict sexual activities, to a multitude ofother end-users, by means of information and communication technologies, can be very harmful for the victims. The offence provided for in this Directive should cover all types of such material, such as images, photographs and videos, including sexualized images, audio clips and video clips. It should relate to situations where the sharing and making accessible of the material to a multitude ofother end-users, through information and communication technologies, occurs without the victim’s consent, irrespective of whether the victim consented to the generation of such material or may have transmitted it to a particular person. The offence should also include the non-consensual production or manipulation, for instance by image or video editing, of material that makes it appear as though another person is engaged in sexual activities, or as intimate images, videos or other material from another person, insofar as the material is subsequently made accessible to a multitude of other end-users, through information and communication technologies, without the consent of that person. Such production or manipulation should include the fabrication of ‘deepfakes’, where the material appreciably resembles an existing person, objects, places or other entities or events, depicting sexual activities of another person, and would falsely appear to others to be authentic or truthful. In the interest of effectively protecting victims of such conduct, threatening to engage in such conduct should be covered as well. following a report by or on behalf of the victim or by a judicial authority.
Amendment 385 #
2022/0066(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Cyber stalking is a modern form of violence which is often perpetrated against family members or persons living in the same household, but also perpetrated by ex-partners or acquaintances. Typically, technology is misused by the offender to proceed to intensify coercive and controlling behaviour, manipulation and surveillance, thereby increasing the victim’s fear, anxiety and gradual isolation from friends and family. Therefore, minimum rules concerning the offence on cyber stalking should be established. The offence of cyber stalking should cover the continuous surveillance of the victim without their consent or legal authorisation by means of information and communication technologies without their consent or legal authorisation. This might be enabled by processing the victim’s personal data, such as through identity theft or the spying out of such data on their various social media or messaging platforms, their emails and phone, stealing passwords or hacking their devices to access their private spaces, via the installation of geo-localisation apps, including stalkerware, or via stealing their devices. Furthermore, stalking should cover the monitoring of victims, without that person’s consent or authorisation, via technology devices connected through the Internet of Things, such as smart home appliances.
Amendment 388 #
2022/0066(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Minimum rules concerning the offence of cyber harassment should be laid down to counter initiating an attack conducted publicly or with third parties, or participating in such an attack, directed at another person, by making threatening or insulting material accessible to a multitude ofother end- users. Such broad attacks, including coordinated online mob attacks, may morph into offline assault or cause significant psychological injury and in extreme cases lead to suicide of the victim. They often target prominent (female) politicians, journalists or otherwise, activists or well-known persons, but they can also occur in different contexts, for instance on campuses or in schools and in workplaces. Such online violence should be addressed especially where the attacks occur on a wide-scale, for example in the form of pile- on harassment by a significant amount of people. Cyber harassment should not only cover attacks or threats with reference to gender or sex but include all types of explicit sexualised attacks.
Amendment 390 #
2022/0066(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The increase in internet and social media usage has led to a sharp rise in public incitement to violence and hatred, including based on sex or gender, over the past years. The easy, fast and broad sharing of hate speech through the digital word is reinforced by the online disinhibition effect, as the presumed anonymity on the internet and sense of impunity reduce people’s inhibition to engage in such speech. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offlinOftentimes, perpetrators of such incitement online are public figures who, due to a presumed impunity, have the effect of legitimising and emboldening acts of violence offline. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offline. Children and youth can also be the target of violent cyber violence owing to personal characteristics such as disability, racial or ethnic origin, sexual orientation, gender identity, gender expression, sex characteristics or other grounds which, if left unaddressed, may cause social exclusion, anxiety, inducement to inflict self-harm and, in extreme situations, suicide ideation, suicide attempts or actual suicide. This needs to be intercepted at an early stage. The language used in this type of incitement does not always directly refer to the sex or gender of the targeted person(s), but the biased motivation can be inferred from the overall content or context of the incitement.
Amendment 391 #
2022/0066(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The increase in internet and social media usage has led to a sharp rise in public incitement to violence and hatred, including based on sex or genderbusiness model of dominant online platforms which is based on micro- targeting advertising has played a significant role in the sharp rise in public incitement to violence and hatred on the grounds of gender, sex or other grounds, including a combination of those, over the past years. The easy, fast and broad sharing of hate speech through the digital word is reinforced by the online disinhibition effect, as. Even though the presumed anonymity on the internet and sense of impunity reducecontribute to people’s inhibition to engage in such speech, anonymity can also be essencial to survivors of gender- based violence, as well as to other communities at risk. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offline. This needs to be intercepprevented at an early stage. The language used in this type of inciteharassment does not always directly refer to the sex or gender of the targeted person(s), but the biased motivation can be inferred from the overall content or context of the incitement.
Amendment 395 #
2022/0066(COD)
Proposal for a directive
Recital 23
Recital 23
(23) The offence of cyber incitement to violence or hatred presupposes that the incitement is not expressed in a purely private context, but publicly through the use of information and communication technologies. Therefore, it should require dissemination to the public, which should be understood as entailing the making accessivailable, through information and communications technologies, of a given item of material inciting to violence or hatred to a potentially unlimited number of persons, namely making the material easily accessible to users in general, without requiring further action by the person who provided the material, irrespective of whether those persons actually access the information in question. Accordingly, where access to the material requires registration or admittance to a group of users, that information should be considered to be disseminated to the public only where users seeking to access the material are automatically registered or admitted without a human decision or selection of whom to grant access. In assessing whether material qualifies as amounting to incitement to hatred or violence, the competent authorities should take into account the fundamental rights, particularly but not limited to freedom of expression as enshrined in Article 11 of the Charter, Article 20 of the International Covenant of Civil and Political Rights and Article 4 of the International Convention of the Elimination of all forms of racial discrimination. Furthermore, other soft- law instruments concerning the prohibition of incitement to hatred such as the Council Framework decision 2008/913/JHA on combatting certain forms and expressions of racism and xenophobia by means of criminal law and the United Nations Rabat Plan of Action.
Amendment 402 #
2022/0066(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Victims should be able to report crimes of violence against women or domesticgender-based violence easily without being subject to secondary or repeat victimisation. To this end, Member States should in addition to in-person reporting, provide the possibility to submit complaints online or through other information and communication technologies for the reporting of such crimes. Victims of cyber violence should be able to upload materials relating to their report for the purposes of providing evidence, such as screenshots, of the alleged violent behaviouroffence.
Amendment 405 #
2022/0066(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In the case of domestic violence and violence against womengender-based violence, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at an imminent risk of serious physical harm. Similarly, instances of domestic violence or violence against womengender-based violence affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from such forms of violence and adequate measures promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality where they have reasonable grounds to believe that serious acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of violence, Member States should ensure that theydomestic violence or gender- based violence, including when such violence is affecting children, victims must be duly informed in advance, a gender-sensitive and child-competent risk assessment and risk management conducted, and tailored safety, protection and support measures adopted immediately regardless of the level of risk, and in any case, before active steps are taken against the offender. Member States should ensure that professionals who report such instances of violence are not held liable for breach of confidentiality.
Amendment 413 #
2022/0066(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In order to tackle underreporting in the cases when the victim is a child, safe and child-friendly reporting procedures should be established. This can include questioning by specialised competent authorities in simple and accessible language and taking into account a gender-sensitive approach.
Amendment 419 #
2022/0066(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Delays in processing complaints of violence against women and domesticgender-based violence can bear particular risks to victims thereof, given that they might still be in immediate danger given that offenders might often be close family members or spouses. Therefore, the competent authorities should have the sufficient expertise and effect, specialised training and effective gender-responsive investigative tools to investigate and prosecute such crimes.
Amendment 420 #
2022/0066(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Victims of domestic violence and violence against womengender-based violence are typically in need of immediate protection or specific support, for example in the case of intimate partner violence, where the rate of recidivism tends to be high. Therefore, an gender-sensitive individual assessment to identify the victim’s protection needs should be conducted upon the very first contact of competent authorities with the victim or as soon as suspicion arises that the person is a victim of violence against women or domestic violence. This can be donegender-based violence. Individual assessments can be carried out before a victim has formally reported an offence or proactively if a third party reports the offence. If the corresponding competent authority does not have enough experience to conduct the gender-sensitive individual assessment, the assessment should be carried out in cooperation with other services, such as health and social services, and specialist support services. Under no circumstances shall victims be forced to engage in any intervention with an authority or service against their will, nor rushed into any process. When the victim is a child, protection and support should also extend to empowering the non-violent parent(s) or guardian(s) to protect the child from violence.
Amendment 424 #
2022/0066(COD)
Proposal for a directive
Recital 29
Recital 29
(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s rights, safety and needs providing tailored protection and support, taking into account, among other matters, the individual circumstances of the victim, specific needs and vulnerability. Such circumstances requiring special attention could include any substance abuse by the victim or the offender, the victim’s disabilities, the victim’s pregnancy or, the victim’s economic dependence on or relationship to the offenderr dependence for her migration status to the offender, the victim having a common child with the offender or the presence of children or companion animals.
Amendment 430 #
2022/0066(COD)
Proposal for a directive
Recital 29
Recital 29
(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety and providing tailored support, taking into account, among other matters, the individual circumstances of the victim, specific needs and vulnerability. Such circumstances requiring special attention could include the victim’s pregnancy or the victim’s dependence on or relationship to the offender.
Amendment 433 #
2022/0066(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to ensure comprehensive, appropriate and tailored support and protection to victims, a standardised approach to risk assessment that promotes shared understanding of risk across the system, and a common language to communicate risk, should be adopted. All competent authorities and relevant bodies, not limited to law enforcement and judicial authorities, in consultation with relevant civil society organisations, should be involved in assessing the risks for victims and appropriate support measures on the basis of cleargender-sensitive risk assessment protocols and guidelines issued by the Member States. Such guidelines should be developed in cooperation with specialist services and include risk factors to be taken into consideration when assessing the riskassociated with coercive and controlling behaviour emanating from the offender or suspect, including the consideration that suspects charged with minor offences are as likely to be dangerous as those charged with more severe offences, especially in cases of domestic violence and stalking. Specialised training for frontline professionals on the use of risk assessment tools is also essential.
Amendment 444 #
2022/0066(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Victims of violence against women and domesticgender-based violence are often in need of specific and tailored support. To ensure they effectively receive offers of support, the competent authorities should refer victims to appropriate support services. This should in particular be the case where an individual assessment has found particular support needs of the victim. In that case, support services should be able to reach out to the victim even without the victim’s consent. For the processing of related personal data by competent authorities, Member States should ensure that it is based on law, in accordance with Article 6(1)(c) read in conjunction with Article (6)(2) and (3) of Regulation (EU) 2016/679 of the European Parliament and of the Council41 . Such laws should include appropriate personal data safeguards that respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the individuals. Where competent authorities transfer victims’ personal data to support services for victims’ referral, they should ensure that the data transferred is limited to what is necessary to inform the services of the circumstances of the case, so that victims receive appropriate support and protection. _________________ 41 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) (Text with EEA relevance), (OJ L 119, 4.5.2016, p. 1–88).
Amendment 449 #
2022/0066(COD)
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) Taking into account the existing link and the concurrence between animal abuse and interpersonal violence including domestic and gender-based violence and child abuse, protective measures should extend to companion animals; and address violence against companion animals exercised as a form of violence or psychological abuse. Further considering the emotional support provided by these animals to the victims of violence, and the high risk of coercion and control arising from situations in which the animal would stay with the abuser, appropriate accommodation arrangements should be provided to both companion animals and the victims of violence.
Amendment 455 #
2022/0066(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Member States should take the necessary measures to ensure the availability of emergency barring, restraining and protection orders to ensurguarantee effective protection of victims and, their dependants and houseld environment.
Amendment 457 #
2022/0066(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Member States should ensure that emergency barring orders may be issued in situations of immediate danger, such as where harm is imminent or has already materialised and is likely to be inflicted again on the victims or their dependants.
Amendment 459 #
2022/0066(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Protection orders may include prohibiting the offender or suspect to access certain localities, places or defined areas where the protected person resides or visits; to approach the victim or dependant, including companion animals, closer than a prescribed distance or to contact them, including through the use of online interfaces and to possess firearms or deadly weapons, where necessary.
Amendment 463 #
2022/0066(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In order to safeguard the effectiveness of emergency barring, restraining and protection orders, breaches of such orders should be subject to penalties. Those penalties can be of a criminal law or other legal nature and may include prison sentences, fines or any other legal penalty that is effective, proportionate and dissuasive. Member States should ensure that in situations in which barring, restraining, and protection orders are issued, offenders shall be informed and encouraged to voluntarily enrol in specialised programmes addressing offenders’ violent behaviour.
Amendment 469 #
2022/0066(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Presenting evidence of past sexual history or behaviour to challenge the credibility and lack of consent of victims in sexual violence cases, especially rape cases, may reinforce the perpetuation of damaging stereotypes of victims and lead to repeat or secondary victimisation. Therefore, without prejudice to the rights of defence, questions, enquiries and evidence concerning past sexual hisotry or conduct of the victim should not be permitted in criminal investigations and court proceedings.
Amendment 477 #
2022/0066(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Given the complexities and gravity of offences of violence against women and domesticgender-based violence and specific support needs of victims, Member States should ensure additional support and prevention of such offences is provided by designated bodies. Given their expertise in matters of discrimination on grounds of sex, national equality bodies, set up in accordance with Directives 2004/113/EC42 , 2006/54/EC43 and 2010/41/EU44 of the European Parliament and of the Council, are well placed to fulfil these tasks. Such bodies should in addition have legal standing to act on behalf or in support of victims of all forms of violence against women or domesticgender-based violence in judicial proceedings, including for the application for compensation and removal of online illegal content, and securing of evidence, with the victims’ approval. This should include the possibility of acting on behalf or in support of several victims together. To enable these bodies to effectively carry out their tasks, Member States should ensure the independence of their mandates and that they are provided with sufficient human and financial resources. _________________ 42 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, (OJ L 373, 21.12.2004, p. 37). 43 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), (OJ L204, 26.7.2006, p. 23). 44 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC, (OJ L 180, 15.7.2010, p. 1).
Amendment 479 #
2022/0066(COD)
(39) Certain offences covered by this Directive involve the increased risk of repeated, prolonged or even continuous victimisation. That risk occurs especially in relation to offences involving the making accessible to a multitude ofother end-users, through information and communication technologies, of material, resulting from certain offences of cyber violence covered in this Directive, considering the ease and speed with which such material can be distributed on a large scale and the difficulties that often exist when it comes to removing such material. That risk typically remains even after a conviction. Therefore, in order to effectively safeguard the rights of the victims of those offences, Member States should be required to take suitable measures aimed at the removal of the material in question. Considering that removal at the source may not always be feasible, for instance because of legal or practical difficulties relating to the execution or enforcement of an order to remove, Member States should also be allowed to provide for measures to disable access to such material.
Amendment 483 #
2022/0066(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Those measures should include, in particular, empowering national judicial authorities to issue orders to providers of intermediaryhosting services to remove, or also to disable access to, one or more specific items of the material in question. Those orders should be issued upon a sufficiently reasoned and substantiated request of the victim. Considering the speed with which such material can spread online and the time it can take to complete criminal proceedings against the persons suspected of having committed the relevant offences, it is necessary for the effective protection of the victims’ rights to provide for the possibility of issuing, subject to certain conditions, such orders by means of interim measures, even prior to the termination of such criminal proceedings. Member States should ensure that these orders do not prevent providers of intermediary services from providing end- to-end encrypted services. Applying effective end-to-end encryption to data is essential for trust in and security on the Internet, and ensures the protection of privacy of victims who suffer from attacks online through, for instance, unauthorised third party access. Furthermore, to ensure effective digital privacy, Member States should not impose a general obligation on providers of intermediary services to limit the anonymous use of their services. In accordance with the principle of data minimisation and in order to prevent unauthorised disclosure, identity theft, non-consensual sharing of intimate or manipulated material, Cyberstalking, Cyber harassment, and other forms of digital abuse or misuse of personal data, recipients should have the right to use and pay for services anonymously wherever reasonable efforts can make this possible. This should apply without prejudice to the obligations of Member States to protect the digital integrity of victims and the protection of their personal data.
Amendment 485 #
2022/0066(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Any such measures to remove or disable access, including in particular such orders, are liable to affect the right and interests of other parties than the victims, such as the persons providing the material, the intermediaryhosting service providers whose services may be used and the end-users of those services, as well the general interest. Therefore, it should be ensured that those orders and other measures can only be taken in a transparent manner and that adequate safeguards are provided for, so as to ensure that they remain limited to what is necessary and proportionate, that human review and legal certainty is ensured, all affected parties can exercise their right to effective judicial redress in accordance with national law, and a fair balance is struck between all rights and interests involved, including the fundamental rights of all parties concerned in compliance with the Charter. A careful weighting of all rights and interests at stake on a case-by- case basis is particularly important in proceedings for interim measures. Those orders should, as a general rule, be addressed to the specific provider of intermediaryhosting services that is best placed to act, in particular so as to limiprevent any possible negative effects for freedom of expression and information.
Amendment 486 #
2022/0066(COD)
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) Providers of online platforms, including very large online platforms, in particular those primarily used for the dissemination to the public of pornographic content, should diligently meet all their obligations under EU law taking into account an intersectional approach, in respect of illegal content constituting cyber violence under this Directive, especially with regard to ensuring that victims can effectively exercise their rights in relation to content representing non-consensual sharing of intimate or manipulated material through the rapid processing of notices and removal of such content without undue delay.
Amendment 488 #
2022/0066(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Considering the potential importance of material that may be the object of the orders or other measures taken under this Directive to remove or disable access thereto for investigating or prosecuting the relevant offences under criminal law, the necessary measures should be taken to allow the competent authorities to obtain or secure such material, for the purpose of providing evidence, where necessary. Those measures could consist, for example, of requiring relevant intermediaryhosting service providers to transmit the material to those authorities or to preserve the material for a limited period that does not go beyond what is necessary to support and in the framework of the investigation. Any such measures should ensure the security of the material, remain limited to what is reasonable, necessary and proportionate, and comply with the applicable rules on the protection of personal data.
Amendment 491 #
2022/0066(COD)
Proposal for a directive
Recital 44
Recital 44
(44) In order to avoid secondary victimisation, victims should be able to obtain compensation in the course of criminal proceedings. Compensation from the offender should be full and should not be restricted by a fixed upper limit. It should cover all harm and trauma experienced by victims and costs incurred to manage the damages, including among other things therapy costs, medical costs, impact on the victim’s employment situation, loss of earnings, psychological damages, and moral prejudice due to the violation of dignity. The amount of compensation should reflect that victims, in particular of domestic violence and cyber violence, may have to uproot their lives in order to seek safety, entailing a possible change of employment or finding new schools for children or even creating a new identity. Compensation should be part of the measures provided to ensure the reparation of victims.
Amendment 499 #
2022/0066(COD)
Proposal for a directive
Recital 45
Recital 45
(45) ATailored assistance and support to victims of violence against women and domestic violence should be provided before, during and for an appropriate period after the criminal proceedings have endgender-based violence should be available, free of charge, victims- centred and provided before, during and after violence occurred, for example where medical treatment is still needed to address the severe physical or psychological consequences of the violence, or if the victim’s safety is at risk by the offender in particular due to the statements made by the victim in those proceedings.
Amendment 503 #
2022/0066(COD)
(46) Specialised support services should provide support to victims of all forms of violence against women and domesticVictims of all forms of gender- based violence, including sexual violence, female and intersex genital mutilation and other harmful practices, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violencyber violence, shall be provided with appropriate and tailored support and assistance offered by specialist support services.
Amendment 504 #
2022/0066(COD)
Proposal for a directive
Recital 46
Recital 46
(46) Specialised support services should provide support to victims of all forms of violence against women and domestic violence, including sexual violence, female genital mutilation, intersex genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.
Amendment 507 #
2022/0066(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Specialist support should offer victims support, including medical care, tailored to their specific needs, and irrespective of any official complaint. Such services cshould be provided in addition to, or as an integrated part of, general victim support services, which may call on existing entities providing specialist supportshould cooperate with specialist support services, including women’s specialist support, in providing services and developing clear, commonly agreed referral pathways between general and specialist support services to refer victims of gender-based violence to services. Specialist support mayshould be provided by national authorities,, local and regional authorities, in cooperation with victims’ support organisations, or other non-governmental organisations. They should be granted with relevant gender-specific expertise and knowledge. Member States should ensure that sufficient human and financial resources and, where the services are provided byfor specialist support services and non-governmental organisations, are provided. Member States should ensure that they receive appropriate fundall victims belonging to vulnerable groups or communities receive tailor-made support based on their needs, with special attention to linguistic needs and potential past or present discrimination experiences of certain communities. Support shall be provided as offline and online services according to specific needs. The services provided to victims should comply with the minimum standards for support services as set out in the ‘Istanbul Convention’ in particular for shelters, counselling, rape crisis and sexual violence referral centres as well as helplines.
Amendment 512 #
2022/0066(COD)
Proposal for a directive
Recital 47 a (new)
Recital 47 a (new)
(47a) The EU budget should provide complementary funding to ensure a high level of protection for victims of violence, including through sufficient resources in dedicated funding programs and through the promotion of innovative solutions to improve the quality and accessibility of the needed services; the relevant program(s) under next the Multiannual Financial Framework should contain sufficient financial and human resources to ensure sufficient funding for a significant Union contribution to the proper implementation, in particular of preventive and victim support measures.
Amendment 514 #
2022/0066(COD)
Proposal for a directive
Recital 47 b (new)
Recital 47 b (new)
(47b) Evidence suggests that the establishment of safe spaces, in particular single gender safe spaces, both online and offline, helps to reduce risks and prevent further harm during acute emergency responses. These spaces provide people with a safe entry point for life-saving services and a place to access information. Safe gathering points also offer them an opportunity to engage with each other, build important connections, solidarity and support with others, especially those in similar situations, exchange information, and rebuild community networks and support. Safe spaces can be a key way of building social assets of marginalised groups including women and girls, racialised communities, people with disabilities and LGBTIQ people, amongst others. Member states should endeavour to provide appropriate resources to promote the continuation and establishment of such safe spaces, especially those with the goal of empowering and uplifting women and girls in all their intersectional diversity.
Amendment 516 #
2022/0066(COD)
Proposal for a directive
Recital 48
Recital 48
(48) Victims of domestic violence and violence against womengender-based violence typically have multiple protection and support needs. In order to address these effectively, Member States should provide such services at the same premises, or have such services coordinated through a central contact point. To ensure also victims in remote areas or unable to physically reach such centres are reached, in addition to adequately geographically distributed in person services, Member States should also provide for online access to such services. This should entail setting up a single and updated website where all relevant information on and access to available in person and online support and protection services is provided (one-stop online access). The website shoul. The website should be user-friendly and follow accessibility requirements for persons with disabilities. All services both online and in presence should be fully accessible and non-discriminatory, including interpretation and translations. Moreover, staff of the centres should be diversely composed.
Amendment 528 #
2022/0066(COD)
Proposal for a directive
Recital 49
Recital 49
(49) Specialist support services, including shelters and rape crisis centres, should be considered essentialwomen’s advice centres, helplines, educational programmes and programmes addressing coercive and violent behaviour of offenders, should be considered essential in peace times and, particularly during crises and states of emergency, including during health crises. These services should continue to be funded and offered in these situations, where instances of domestic violence and violence against womengender-based violence tend to surge.
Amendment 530 #
2022/0066(COD)
Proposal for a directive
Recital 49 a (new)
Recital 49 a (new)
(49a) Whereas urgent support needs for victims of sexual violence include essential medical care, including sexual and reproductive health care such as emergency contraception, screening and post-exposure prophylaxis for STIs and HIV, and safe and legal abortion. EU Member States must guarantee access to essential sexual and reproductive health care to all victims in order to limit further harm and to ensure victims receive reparations and rehabilitation. Whereas being forced to continue a pregnancy resulting from rape is a violation of human rights, including a form of gender-based violence and a violation of the right to freedom from torture or cruel, inhuman and degrading treatment or punishment.
Amendment 533 #
2022/0066(COD)
Proposal for a directive
Recital 50
Recital 50
(50) The traumatic nature of sexual violence, including rape, requires a particularlygender- sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres shoul, comprehensive and essential medical care, including sexual and reproductive healthcare, such as emergency contraception, screening and post-exposure prophylaxis for STIs and HIV, and safe and legal abortion, and trauma support as well as the option of long-term support, including counselling. Rape crisis centres or sexual violence referral centres should offer immediate forensic examinations to collect the evidence needed for prosecution and be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female and intersex genital mutilation and other harmful practices, who are often girls, typically are in need of targetilored support. Therefore, Member States should ensure they provide dedicated support tailored to these victims. customised to these victims through a multi- disciplinary and victim-centred approach and by providing targeted trainings to all relevant professionals who may come in contact with a victim or a person at risk.
Amendment 537 #
2022/0066(COD)
Proposal for a directive
Recital 50
Recital 50
(50) The traumatic nature of sexual violence, including rape, requires a particularly sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilation, who are often girls, and of intersex genital mutilation, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.
Amendment 541 #
2022/0066(COD)
(51) Harassment and sexual harassment, including at work, is considered as discrimination on grounds of sex by Directives 2004/113/EC, 2006/54/EC and 2010/41/EU. Given that harassment and sexual harassment at work, as well as cyber violence, hasve significant negative consequences both for the victims and the employers, advice on adequately addressing such instances at the workplace and ensuring a safe work environment, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishes, should be provided by external counselling services to both victims and employers.
Amendment 543 #
2022/0066(COD)
Proposal for a directive
Recital 51 a (new)
Recital 51 a (new)
(51a) The social partners play a key role in addressing harassment at work, one of the common sites of harassment, as well as domestic violence. Employer and trade unions are particularly well-placed to take measures to address harassment at work, including sexual harassment, and cyber violence at work. Furthermore, the Preamble to ILO Convention 190 recognises domestic violence as related to the workplace, noting that domestic violence can affect employment, productivity and health and safety. With the increasing availability of home-based telework, the site of domestic violence can in fact be the workplace of the victim. Employers and trade unions can contribute, as part of other measures, to identify instances of domestic violence, to support victims and to address the impacts of domestic violence on professional life. There are already many examples of good practices and agreements between employers and trade unions on workplace practices that give support to victims of domestic violence, enabling them to continue working safely. Trade union and workplace health and safety representatives can, with appropriate training, play a particularly important role in offering assistance to victims of sexual harassment, cyber violence and domestic violence.
Amendment 544 #
2022/0066(COD)
Proposal for a directive
Recital 51 b (new)
Recital 51 b (new)
(51b) Member States should ensure that employers, in consultation with trade union representatives, take appropriate measures to prevent and address instances of sexual harassment at work and cyber violence at work, and to identify and provide adequate support to victims of domestic violence. Victims should have access to legal remedies, information and a right to receive support from a trade union representative, and should be entitled to paid time off to attend counselling and take leave of appropriate duration.
Amendment 545 #
2022/0066(COD)
Proposal for a directive
Recital 51 c (new)
Recital 51 c (new)
(51c) Member States shall ensure that trade unions are able to bargain collectively on workplace measures to prevent and address sexual harassment at work and cyber violence at work, and to identify and support victims of domestic violence. Member States shall take measures to promote collective bargaining on workplace practices on presenting and addressing instances of sexual harassment, cyber violence and domestic violence, including through awareness- raising and training of employers, trade union representatives and workplace health and safety representatives.
Amendment 548 #
2022/0066(COD)
Proposal for a directive
Recital 52
Recital 52
(52) Member States should ensure that national helplines are operated, regional and local helplines are fully funded, and accessible to all victims, particularly victims with different abilities, languages and literacy skills. National helplines can be operated and should be accessible under the EU- harmonised number [116016] and this number is widely advertised as a public number, free of charge and available round-the-clock. The support provided should include crisis counselling and should be able to refer to face-to-face services, such as shelters, counselling centres or the police. be fully accessible to all people, including persons with disabilities, and be available in multiple languages, and include crisis counselling and should be able to refer to specialist support services The existence of a national helpline should not be detrimental to the funding and functioning of local helplines.
Amendment 557 #
2022/0066(COD)
Proposal for a directive
Recital 53
Recital 53
(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial situationincluding mental health, financial situation, support in court proceedings and the well-being of their children, ultimately preparing victims for an autonomous life. Member States should ensure the availability of sufficient dedicated domestic violence shelters, with an adequate geographical distribution. A variety of different models should be made available, including single-gender shelters, thereby ensuring maximum flexibility for victims. Shelters should always be available free of charge for the victim.
Amendment 558 #
2022/0066(COD)
Proposal for a directive
Recital 53
Recital 53
(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial situation and the well-being of their children, ultimately preparing victims for an autonomous life. Member States should ensure the availability of sufficient dedicated domestic violence shelters, with an adequate geographical distribution. A variety of different models should be made available, including single-gender shelters, thereby ensuring maximum flexibility for victims. Shelters should always be available free of charge for the victim.
Amendment 567 #
2022/0066(COD)
Proposal for a directive
Recital 54
Recital 54
(54) To effectively address negative consequences for child victims, support measures to children should include age- appropriate psychological counselling, together with paediatric care where necessary, and be provided as soon as competent authorities have reasonable grounds to believe that children might have been victims, including child witnesses of violence, also providing support without the consent of the potential abusive partner. In the provision of support to child victims, the rights of the child, as laid down in Article 24 of the Charter, should be a primary consideration.
Amendment 575 #
2022/0066(COD)
Proposal for a directive
Recital 55
Recital 55
(55) In order to ensure the safety of children during possible visits with an offender or suspect who is a holder of parental responsibility with rights of access, Member States should ensure that supervised neutral places, including child protection or welfare offices, are made available so that such visits can take place there in the best interests of the child. If needed, the visits should take place in the presence of child protection or welfare officials. Where it is necessary to provide for interim accommodation, children should as a priority be accommodated together with the holder of parental responsibility who is not the offender or suspect, such as the child’s mother. The best interest of the child should be always taken into account, in line with the provisions of the Convention on the Rights of the Child, should be always taken into account. Member States should ensure that appropriate referrals are made to offenders programmes for the offender to address the violence exercised towards their partner and to improve their parenting – as appropriate and in the best interests of the child.
Amendment 587 #
2022/0066(COD)
Proposal for a directive
Recital 56
Recital 56
(56) Victims with specific needs and groups at risk of violence against women or domestic violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, or older women, children, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender- based violence, should receive specific protection and support.
Amendment 590 #
2022/0066(COD)
Proposal for a directive
Recital 56
Recital 56
(56) Victims with specific needs and groups at risk of violence against women or domesticgender-based violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, or older women, or LBTIQ women and other LGBTIQ people subject to gender-based violence, should receive specific protection and support.
Amendment 594 #
2022/0066(COD)
Proposal for a directive
Recital 56 a (new)
Recital 56 a (new)
(56a) Deeply rooted gender stereotypes related to women’s sexuality and morality, result in the stigmatisation and discriminatory treatment of sex workers, including by law enforcement officers, based on their transgression of gendered social and sexual norms and/or for not conforming to gender roles specifically because they are sex workers. A presumption of criminality and discriminatory treatment has the effect of preventing sex workers from seeking justice when they encounter physical or sexual violence or extortion for fear that they will instead become the focus of a criminal investigation. As a result, aggressors can direct violence at people selling sex with relative impunity. Sex workers are among the most precarious of informal workers, in part due to the criminalisation of various aspects of their work, such as on clients and brothels, which often results in their being unjustly criminalised. They are also exposed to very high rates of workplace violence. Significantly, the majority of sex workers are (undocumented) migrants, LGBTIQ, racialised, women and poor.
Amendment 595 #
2022/0066(COD)
Proposal for a directive
Recital 56 b (new)
Recital 56 b (new)
(56b) Given the heightened vulnerability of sex workers to gender based violence, Member States should establish concrete frameworks for the rights and protection of sex workers during and after a crisis; further insists on the importance of including measures and strategies that tackle the discrimination faced by sex workers in access to funding, housing, healthcare, education and other services in order to reduce their vulnerability to violence and other forms of discrimination.
Amendment 596 #
2022/0066(COD)
Proposal for a directive
Recital 57
Recital 57
(57) Women with disabilityies disproportionately experience violence against women and domestic violence and due to their disabilitygender- based violence and due to a lack of accessibility and specialists service provisions often have difficulties in accessing protection and support measures. Therefore, Member States should ensure they can benefit fully from the rights set out in this Directive, on an equal basis with others, while paying due attention to the particular vulnerability of such victims and their likely difficulties to reach out for help.
Amendment 599 #
2022/0066(COD)
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as long-term awareness- raising campaigns, are taken to counter violence against women and domestic violence. Prevention promoting pro-social behaviours, are taken to counter gender-based violence. Any campaigns targeting the general public need to be coordinated with specialised support services, as they are bound to increase support demand. Special attention in awareness-raising campaigns should be paid to victims experiencing discrimination and violence motivated on the basis of combination of their gender or sex and other grounds, and by victims at an increased risk of domestic violence. All preventive measures need to be grounded in human rights and gender equality, and should be carried out by qualified staff. Programs that scientific evaluation has identified as effective or promising in preventing gender-based violence include school-based programmes to prevent child sexual abuse or dating violence; feminist self-defence for women and girls; bystander intervention programmes; and community-based programmes to transform gender norms. They should also take place in and outside of formal education, in particular, through strengthening sexualitycomprehensive sexuality and relationship education and socio- emotional competencies, empathy and developing healthy, consensual and respectful relationships.
Amendment 603 #
2022/0066(COD)
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence. Special attention must be paid in awareness-raising campaignst to women andexperiencing discrimination and violence on the basis of the combination of their sex or gender and other grounds, and by victims at an increased risk of domestic violence. Prevention should also take place in formal education, in particular, through strengthening sexualityinclusive sexuality and relationships education and socio- emotional competencies, empathy and developing healthy and respectful relationshipssuch as empathy.
Amendment 615 #
2022/0066(COD)
Proposal for a directive
Recital 59
Recital 59
(59) Member States should take measures to prevent the cultivation of harmful gender stereotypes to eradicate the idea of the inferiority of women or stereotyped roles of women and men. This could also include measures aimed at ensuring that culture, custom, religion, tradition or honour is not perceived as a justification for, or a more lenient treatment of, offences of violence against women or domesticgender-based violence. Considering that from a very young age onwards, children are exposed to gender roles that shape their self-perception and influence their academic and professional choices as well as expectations of their roles as women and men throughout their life, it is crucial to address gender stereotypes as of early- childhood education and care. Member States should take appropriate measures to ensure that programmes for offenders are also available for men and other people that are referred or self-referred outside of the criminal justice system and that immediate access to support is available, recognising their role in preventing future violence.
Amendment 620 #
2022/0066(COD)
Proposal for a directive
Recital 60
Recital 60
(60) In order to ensure victims of violence against women and domesticgender-based violence are identified and receive appropriate support, Member States should ensure that frontline professionals dealing with victims and offenders of all acts of gender-based violence and other professionals likely to come into contact with victims receive adequate, mandatory, gender-sensitive and systematic training and targeted information. Trainings should cover the risk and prevention of violence, intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functions, as well as how to identify, respond and provide relevant referrals for the offenders. Trainings, moreover, should include prevention and identification of sexual harassment of the most marginalised groups who are often mistrusted when reporting, such as women with disabilities. To prevent and appropriately address instances of sexual harassment at work, cyber violence at work and domestic violence, as well as its consequences, persons with supervisory functions, trade union representatives and workplace health and safety representatives, should also receive training. These trainings should also cover assessments regarding sexual harassment at work, cyber violence at work and domestic violence and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. In all cases, trainings should also be provided on how to prevent that the offender adopts violent or non-prosocial behaviour, and take protective measures that do not penalise the victim and other co-workers. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).
Amendment 630 #
2022/0066(COD)
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities and prevent secondary victimisation, Member States should liaise with non-governmental organisations, specialist services, law enforcement authorities, civil society and community- based organisations, in the development of trainings in particular regarding harmful gender stereotypes and prejudices, including multiple discrimination grounds, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
Amendment 632 #
2022/0066(COD)
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes and prejudices, including multiple discrimination grounds, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
Amendment 636 #
2022/0066(COD)
Proposal for a directive
Recital 61 a (new)
Recital 61 a (new)
(61a) Member States should recognise women's civil society organisations, including organisations working with women at a heightened risk of experiencing gender-based violence, as partners in policy development and implementation and should, where relevant, include them in the work of government bodies and committees working to combat violence against women and domestic violence. In addition, other relevant stakeholders should be consulted on relevant issues, such as social partners in relation to sexual harassment at the workplace.
Amendment 639 #
2022/0066(COD)
Proposal for a directive
Recital 62
Recital 62
(62) Intervention programmes should be set up to prevent and minimise the risk of (repeated) offences of violence against women or domesticgender-based violence. The programmes should specifically aim at teachingensuring that offenders or those at risk of offending how to adopt non- violent and pro-social behaviour in interpersonal relationships and how to counter violent behavioural patterns. Programmes should encourage offenders to take responsibility for their actions and examine their attitudes and beliefs towards women. Member States should ensure that perpetrator interventions comply with minimum standards and are in accordance with the best practices as demonstrated through data collected by the member states. Perpetrator intervention minimum standards should: a) be established only by trained professionals; b) have a holistic, gender- based and victims’ rights approach; c) include an individual risk assessment; d) hold perpetrators accountable and ensure that they adopt a non-violent and pro- social behaviour; e) be part of and integratable with multi-agency networks; f) strive towards a strong compatibility and collaboration with specialist services, particularly women’s support services; g) be adequately funded; h) provide guidelines for the evaluation of the outcome.
Amendment 644 #
2022/0066(COD)
Proposal for a directive
Recital 63
Recital 63
(63) In order to ensure that victims of the offences of cyber violence contained in this Directive can effectively realise their rights to have illegal material relating to such offences removed, Member States should encourage the cooperation between providers of intermediary services, as well as between providers of intermediary services, authorities and civil society organisations, such as through the establishment of Trusted Flaggers pursuant to Article 22 Regulation 2022/2065. To ensure that such material is detected early on and tackled effectively and that victims of those offences are adequately assisted and supported, Member States should also facilitate the establishment or use of existing self- regulatory measures of a voluntary nature, such as codes of conduct, including on the detection of systematic risks in relation to such cyber violence and the training of the providers’ employees concerned by preventing such violence and assisting victims, including psychological support.
Amendment 645 #
2022/0066(COD)
Proposal for a directive
Recital 63 a (new)
Recital 63 a (new)
(63a) Member States should also encourage the cooperation between providers of intermediary services as well as between providers of intermediary services, authorities and civil society organisations to ensure that victims of cyber violence are adequately assisted and supported. As cyber violence encompasses not only threats of violence but also the use of intrusions into a device to obtain, steal, reveal or manipulate intimate data, to broadcast personal data (“doxing”), or to stalk an individual. Assistance and support should therefore include training, technical assistance and resources to perform hardware checks to detect installed stalker software or apps, give advice to victims on how to use technology in a safe manner and provide guidance to technology companies to define the types of application behaviours that qualifies apps to be flagged as stalkerware.
Amendment 649 #
2022/0066(COD)
Proposal for a directive
Recital 64
Recital 64
(64) Policies to adequately tackle violence against women and domesticgender-based violence can only be formulated on the basis of comprehensive and comparable disaggregated data. In order to effectively monitor developments in the Member States and fill the gaps of comparable data, Member States should regularly conduct surveys using the harmonised methodology of the Commission (Eurostat) to gather data and transmit these data to the Commission (Eurostat and the European Institute of Gender Equality).
Amendment 651 #
2022/0066(COD)
Proposal for a directive
Recital 64 a (new)
Recital 64 a (new)
(64a) The relevant agencies, in particular the European Institute for Gender Equality should be provided with the necessary human and financial resources to fulfil the objectives, tasks and responsibilities assigned to it under this directive financed by a contribution from the general budget of the Union, with the necessary appropriations drawn exclusively from unallocated margins under the relevant heading of the multiannual financial framework and/or through the mobilisation of the relevant special instruments
Amendment 653 #
2022/0066(COD)
Proposal for a directive
Recital 65
Recital 65
(65) Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against women and domestic violence and design new policy strategies in this field. Data collected should include the context in which the offence took place, such as at home, at the workplace or online, as well as information about whether a victim is at a heightened risk of experiencing gender-based violence, as this will inform future targeted policy actions. It should also include whether violence was committed against victims affected by intersectional discrimination as defined in recital 11. When sharing the data collected, no personal data should be included.
Amendment 654 #
2022/0066(COD)
Proposal for a directive
Recital 65
Recital 65
(65) Member States should ensure that the data is collected are limited to whfor stat is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against women and domestictical purposes in order to support the research, the monitoring of the prevalence and trends of all forms of gender-based violence and design new policy strategies in this field. Data collected should include the context in which the offence took place, such as at home, at the workplace or online, as well as information about whether a victim is at a heightened risk of experiencing gender-based violence, and design new policy strategies in this fields this will inform future targeted policy actions. It should also include whether violence was committed against victims affected by intersectional discrimination as defined in recital 11. When sharing the data collected, no personal data should be included.
Amendment 658 #
2022/0066(COD)
Proposal for a directive
Recital 68
Recital 68
(68) Since the objective of this Directive, namely to prevent and combat violence against women and domesticgender-based violence across the Union on the basis of common minimum rules, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the envisaged measures, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective.
Amendment 659 #
2022/0066(COD)
Proposal for a directive
Recital 68 a (new)
Recital 68 a (new)
(68a) Member States should develop a common gender budgeting framework to ensure the implementation of this directive. This common gender budgeting framework should identify the concrete mechanisms through which the coordination among relevant national, regional and local stakeholders will be dealt with in order to implement this Directive, including best practices for improved cooperation between national authorities and civil society organizations such as specialist services, including women’s specialist services.
Amendment 664 #
2022/0066(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Directive lays down rules to prevent and combat violence against women and domesticgender based violence. It establishes minimum rules concerning:
Amendment 670 #
2022/0066(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) the rights of victims of all forms of violence against women or domesticgender based violence before, during or after criminal proceedings;
Amendment 671 #
2022/0066(COD)
Proposal for a directive
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) victims’ protection and victims’ support.measures for the protection, support and reparation of victims of all forms of gender-based violence
Amendment 674 #
2022/0066(COD)
Proposal for a directive
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) the establishment and development of minimum rules on prevention measures.
Amendment 681 #
2022/0066(COD)
Proposal for a directive
Article 2 – title
Article 2 – title
2 Victims at an increased risk of gender based violence and specific risks, including intersectional discrimination
Amendment 682 #
2022/0066(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of gender or sex and other grounds such as nationality, race, colour, ethnic or social origin, genetic features, gender identity, gender expression, language, religion or belief, political or any other opinion, membership of a national minority, resources, birth, disability, age, sexual orientation, and socioeconomic class as well as other victims at an increased risk of domestic violence, so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5), Article 35(1) and Article 37(7).
Amendment 685 #
2022/0066(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex or gender and other grounds, as well as to victims at an increased risk of domestic violence, so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5), Article 35(1) and Article 37(7).
Amendment 688 #
2022/0066(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Member States shall ensure that, in the application and implementation of this Directive, particular attention is paidgiven to the risk of intersectional discrimination, intimidation, retaliation, secondary and repeat victimisation and to the need to protect the privacy, as well as the physical and psychological dignity and physical integrity of victims.
Amendment 691 #
2022/0066(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) acts of violence against women or domesticgender based violence as criminalised under other instruments of Union law;
Amendment 692 #
2022/0066(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) any other acts of violence against women or domesticgender-based violence as criminalised under national law.
Amendment 696 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) “gender-based violence against women” meansis a violation of human rights and a form of discrimination and means all acts of gender-based violence, that isare directed against a woman or a girl because she is a woman or a girl or that affects women or girls in all their diversity disproportionately, including all acts of such violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;
Amendment 703 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) “gender-based violence” means violence, or threats of such violence, that is directed against a person because of that person's gender, gender identity, gender expression or sex characteristics;
Amendment 711 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) “domestic violence” means all acts of violence that result in, or are likely to result in, physical, sexual, psychological, social or economic harm or suffering, cohesive control, or suffering, including threats of such acts, that occur within the family or domestic unit, irrespective of biological or legal family ties, or between former or current spouses or partners, whether or not the offender shares or has shared a residencehousehold with the victim;
Amendment 719 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
Amendment 731 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) “gender” means the socially constructed roles, behaviours, activities, and attributes that a given society considers appropriate within the binary construction of gender as male and female.
Amendment 732 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) “cyber violence” means any act of or gender-based cyber-violence” means any act or the extension of any act of gender-based violence covered by this Directive that is committed, assisted or aggravated in part or fully by the use of information and communication technologies;
Amendment 733 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d a (new)
Article 4 – paragraph 1 – point d a (new)
(da) “gender based cyber violence against women” is understood as any act of gender-based cyber violence that is directed against a woman because she is a woman or affects women disproportionately;
Amendment 735 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point f a (new)
Article 4 – paragraph 1 – point f a (new)
(fa) “sexual harassment” means any form of unwanted physical, verbal, non- verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment or when a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for job-related decisions;
Amendment 736 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point f b (new)
Article 4 – paragraph 1 – point f b (new)
(fb) “providers of hosting services” means providers of the services as defined in Article 3 point (g) (iii) of Regulation (EU) 2022/2065 of the European Parliament and of the Council on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act);
Amendment 739 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
(g) “sexual harassment at work” means any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, where it occurs in the course of, linked with, or arising in matters of employment, occupation and self-employmentfrom the world of work, including service personnel, informal and undocumented work, with the purpose or effect of violating the dignity of the victim, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment;
Amendment 741 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point g a (new)
Article 4 – paragraph 1 – point g a (new)
(ga) “cyber harassment” means unwanted conduct related to the gender or sex of a person, including of a sexual nature, by means of information and communication technologies with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment;
Amendment 742 #
2022/0066(COD)
(gb) “incitement” means statements about gender, race, colour, religion, descent or national or ethnic origin, which create an imminent risk of discrimination, hostility or violence against persons belonging to those groups.
Amendment 743 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) “child” means any person below the age of 18 years; where the age of the victim is not certain but there are reasonable grounds to believe that the victim is under 18 years of age, the victim is presumed to be a child and benefits from special protection measures pending age verification;
Amendment 747 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point i a (new)
Article 4 – paragraph 1 – point i a (new)
(ia) “intimate material” means a visual recording or other material of a personal and private nature of a person made by any means, including a photograph, film, video recording or other images (a) in which the person is nude or is exposing their genital organs or anal region or breasts, or is engaged in explicit sexual activity; (b) which was recorded in circumstances that gave rise to a reasonable expectation of privacy; and/or (c) the person depicted retains a reasonable expectation of privacy at the time of the recording.
Amendment 748 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point i b (new)
Article 4 – paragraph 1 – point i b (new)
(ib) “Prevention” means a multi- layered approach of primary, secondary and tertiary action. These three levels complement each other and only together, they can combat gender based violence and protect victims effectively. Primary prevention focuses on reducing vulnerability before violence occurs so as to avoid its occurrence; secondary prevention focuses on identifying violence and intervening to disrupt it as early as possible; tertiary prevention focuses on long-term intervention to reduce the negative impact of violence and prevent recidivism.
Amendment 761 #
2022/0066(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) engaging with a woman or another person in any non- consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object;
Amendment 765 #
2022/0066(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) causing a woman or another person to engage with another person in any non-consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object.
Amendment 769 #
2022/0066(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Consent shall be given voluntarily as the result of free will and it shall be assessed in the context of the surrounding circumstances. Member States shall ensure that a non-consensual act is understood as an act which is performed without the woman’sperson’s explicit consent given voluntarily or where the womaperson is unable to form or express a free will due to their physical or mental condition, thereby exploiting their incapacity to form or express a free will, such asincluding but not limited to being in a state of fear, unconsciousness, intoxication, chemical submission sleep, illness, bodily injury or disability.
Amendment 779 #
2022/0066(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Consent is needed for each separate act and can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the womaperson’s silence, verbal or physical non-resistance or, past sexual conduct, or existing or past relationship with the offender.
Amendment 793 #
2022/0066(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) excising, infibulating or performing any other mutilation to the whole or any part of the labia majora, labia minora or clitoris;, including if performed by a healthcare professional and/or in a medical setting
Amendment 801 #
2022/0066(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6 a Forced abortion and forced sterilisation Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) performing an abortion on a woman without her prior and informed consent. (b) performing surgery which has the purpose or effect of terminating a woman’s capacity to naturally reproduce without her prior and informed consent or understanding of the procedure. (c) Member States shall ensure that the prior and informed consent of the woman to undergothe abortion or surgery referred to in points (a) and (b) of this article cannot be replaced by the consent of a parent, legal guardian or court’s decision.
Amendment 808 #
2022/0066(COD)
Proposal for a directive
Article 6 b (new)
Article 6 b (new)
Article 6 b Intersex Genital Mutilation Intersex genital mutilation Member States shall ensure that the following intentional conduct is punishable as a criminal offence: 1) Performing any surgical or medical procedure or hormonal treatment on the sex characteristics of a person with variations of sex characteristics, with the purpose or effect of altering such characteristics so that they align with those considered typically female or male: a. In the case the person referred to in paragraph 1 has the capacity to provide consent to the procedure or treatment, if the person does not provide informed consent; b. In the case the person referred to in paragraph 1 does not have the capacity to provide consent to the procedure or treatment, unless an urgent procedure or treatment is undertaken on reasonable grounds to save the person’s life or prevent serious damage to the person’s physical health. 2) Coercing a person with variations of sex characteristics to undergo any of the procedures or treatments referred to in paragraph 1 , or coercing the person holding parental responsibility to authorise any of the procedures referred to in paragraph 1.
Amendment 823 #
2022/0066(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) making intimate images, or videos or other material, including those depicting sexual activities, of another person without that person’s explicit consent accessible to a multitude ofother end-users by means of information and communication technologies;
Amendment 830 #
2022/0066(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) producing or manipulating and subsequently making accessible to a multitude of end- users, by means of information and communication technologies, images, videos or other material, making it appear as though another person is engaged in sexual activities or as if intimate images, videos or other material from another person, without that person’s explicit consent;
Amendment 850 #
2022/0066(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) persistently engaging in threatening or intimidating conduct directed at another person, by means of information and communication technologies, which causes that the person fears for own safety or that the person fears for safety of dependants;home environment, including family dependants, relatives or partners
Amendment 852 #
2022/0066(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) placing another person under continuous surveillance, without that person’s explicit consent or legal authorisation to do so, by means of information and communication technologies, to track or monitor that person’s movements and activities;
Amendment 858 #
2022/0066(COD)
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) making material containing the personal data of another person, without that person’s explicit consent, accessible to a multitude ofother end-users, by means of information and communication technologies, for the purpose of inciting those end-users to cause physical or significant psychological harmharm or damage to the person.
Amendment 869 #
2022/0066(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) initiating an attack publicly or with third parties directed at another person, by making threatening or insulting material accessible to a multitude ofrelated to the gender or sexual activities of the person, accessible to other end-users, by means of information and communication technologies, with the effect of causing significant psychological harmdisparaging or causing harm or damage to the attackconcerned person;
Amendment 881 #
2022/0066(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that the intentional conduct of inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex or gendergender, sex or other protected groups under EU law, as referenced in Article 2 of this directive, by disseminating to the public material containing such incitement to violence or hatred by means of information and communication technologies is punishable as a criminal offence.
Amendment 887 #
2022/0066(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
In order to ensure online material qualifies as amounting to incitement to hatred or violence Members States shall consider a threshold test that includes the publicity of the message, the context of the message, the position of the speaker, intent, content and form of the speech, the extent of the speech act, and likelihood, including imminence of succeeding of the violence or hatred.
Amendment 892 #
2022/0066(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that inciting, and aididing, abetting and abetttempting the commission of any of the criminal offences referred to in Articles 5 to 910 are punishable as criminal offences.
Amendment 894 #
2022/0066(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 910 #
2022/0066(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offence referred to in Article 6 is, 6a and 6b are punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 912 #
2022/0066(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offences referred to in Articles 6 isand 6a are punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 926 #
2022/0066(COD)
Proposal for a directive
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) the offence, or another criminal offence of violence against women or domesticgender-based violence, was committed repeatedly;
Amendment 929 #
2022/0066(COD)
Proposal for a directive
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the offence was committed against a person made vulnerable by particular circumstances, such as residence status, a situation of dependence, or a state of physical, mental, intellectual or sensory disability or distress, or living in institutions, including reception centres, detention facilities or accommodation centres for asylum seekers;
Amendment 953 #
2022/0066(COD)
Proposal for a directive
Article 13 – paragraph 1 – point o a (new)
Article 13 – paragraph 1 – point o a (new)
(o a) the offence was committed against an undocumented migrant woman or an asylum-seeking woman;
Amendment 957 #
2022/0066(COD)
Proposal for a directive
Article 13 – paragraph 1 – point o b (new)
Article 13 – paragraph 1 – point o b (new)
(o b) the offence was committed against a public representative, a journalist or a human rights defender
Amendment 959 #
2022/0066(COD)
Proposal for a directive
Article 13 – paragraph 1 – point o c (new)
Article 13 – paragraph 1 – point o c (new)
(o c) The material uploaded by the offender has previously been subject to a removal order related to the offences referred to in Articles 7, 8, 9 and 10 of this directive
Amendment 982 #
2022/0066(COD)
Proposal for a directive
Article 16 – title
Article 16 – title
16 Reporting of violence against women or domesticgender-based violence
Amendment 986 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims, can report criminal offences of violence against women or domesticgender-based violence to the competent authorities in an easy and accessible manner, as well as in a safe environment, and that competent authorities take them seriously. This shall include the possibility of reporting criminal offences online or through other accessible and secure information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.
Amendment 991 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1 a. Member states shall ensure that victims are referred to a specialised and trained contact person within the competent authority irrespective of whether or not a criminal complaint is filed, and that any personal data of the victims shall not be revealed to offenders accessing the files.
Amendment 998 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that offences of violence against women or domesticgender-based violence have occurred, or that further acts of violence are to be expected, to report this to the competent authorities. Member States shall guarantee that the victim is informed about these third-party reports in advance and that an adequate risk assessment, risk management and safety planning are implemented before active steps are taken against the offender to ensure the safety of the victims and their children.
Amendment 1000 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States shall ensure that the confidentiality rules imposed by national law on relevant professionals, such as healthcare professionals, do not constitute an obstacle to their reporting to the competent authorities if they have reasonable grounds to believe that there is an imminent risk that serious physical harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. If the victim is a child, the relevant professionals shall be able to report to the competent authorities if they have reasonable grounds to believe that a seriousn act of violence covered under this Directive has been committed or further serious acts of violence are to be expected. Where professionals report such instances of gender-based violence, including when the victim is a child, victims shall be duly informed in advance, a gender-sensitive and child-competent risk assessment and risk management conducted, and tailored safety, protection and support measures adopted before active steps are taken against the offender.
Amendment 1014 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Where children report criminal offences of violence against women or domesticgender-based violence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity. If the offence involves the holder of parental responsibility, Member States should ensure reporting is not conditional upon this person’s consent.
Amendment 1016 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Member States shall ensure that the competent authorities and other services coming in contact with a victim reporting offences of violence against women or domesticgender-based violence are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment referred to in Article 18.
Amendment 1020 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 5 a (new)
Article 16 – paragraph 5 a (new)
5 a. Member States shall ensure that competent authorities who come into contact with the victim who reports violence take into account the presence of the victim’s dependants when violence has occurred. Furthermore, competent authorities shall assess the state of physical and mental health of the dependants, to issue orders as referred to in Article 21 and seek compensation as referred to in Article 26.
Amendment 1028 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that personsstaff, units or services investigating and prosecuting violence against women or domestic violence have sufficient expertisegender-based violence have sufficient and specialised expertise, capacity and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.
Amendment 1030 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that reported offences of violence against women or domesticgender-based violence are processed and transferred without delay to the competent authorities for prosecution and investigainvestigation and prosecution.
Amendment 1032 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The competent authorities shall promptly and effectively record and investigate allegations of violence against women or domesticgender-based violence and ensure that an official complaint is filed in all cases.
Amendment 1034 #
2022/0066(COD)
3 a. Member states shall ensure that providing evidence should not represent a burden for the victims or contribute to further victimisation.
Amendment 1035 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The competent authorities shall promptly refer victims to relevant health care professionals or specialist support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services, and to provide victims of sexual violence with appropriate medical care, including for the clinical management of rape. Victims shall not be pressured to bring charges or report the offence to the authorities. Victims shall be provided with information on the options available in securing evidence for an eventual criminal procedure, taking into consideration their actual physical and mental state and trauma.
Amendment 1042 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The competent authorities shall promptly refer victims to relevant health care professionals or specialised support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services.
Amendment 1045 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Investigations into or prosecution of offences referred to in Articles 5 and 6 shall not be dependent on reporting or accusation by a victim or by their representative, and criminal proceedings shallmay continue even if the report or accusation has been withdrawn under the condition that a comprehensive risk assessment has been conducted to identify and manage the emergent risks to the victim from a continuation of criminal proceedings.
Amendment 1049 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5 a. Member States shall ensure that investigation and prosecution of offences referred in Articles 7, 8, 9 and 10 are initiated following a report by or on behalf of the victim or upon judicial authorisation.
Amendment 1055 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. In tThe framework of the individual assessment which is to be carried out under Article 22 of Directive 2012/29/EU, . Member States shall ensure that, as regards victims covered by this Directive, the additional elements as set out in paragraphs 2 to 78 of this Article are assessed in the individual risk assessment. .
Amendment 1057 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1 a. Member States shall ensure that the instruments used for the individual assessment are built on data derived from the European context to ensure their validity and reliability.
Amendment 1058 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. This specialised gender-sensitive individual assessment shall be initiated immediately by specialist services upon the first contact of the victim with the competent authorities. The competent judicial authorities shall verify at the latest at the initiation of criminal proceedings whether an assessment has been conducted. If this has not been the case, they shall remedy the situation by undertaking an assessment as soon as possiblewithout further delay.
Amendment 1066 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of gender, sex and other grounds and therefore face a heightened risk of violence, whether they are pregnant, as well as the victim’s own account and assessment of the situation. It shall be conducteould consider whether the victim keeps any companion animals. It shall be conducted with a gender-sensitive approach and in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.
Amendment 1070 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex or gender and other grounds and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.
Amendment 1075 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 5 – point c
Article 18 – paragraph 5 – point c
(c) further measures to manageensure that the offender or suspect’s to adopts a non- violent and pro-social behaviour, in particular under Article 38 of this Directive.
Amendment 1079 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The individual assessment shall be undertaken by adequately trained professionals in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as victim protection centres and women’s shelters, social services and healthcare professionalspecialist services, including women’s specialist services and other relevant actors, such as social services, children specialised services, healthcare professionals, and other relevant victim protection centres.
Amendment 1088 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 7
Article 18 – paragraph 7
7. Competent authorities shall update the individual assessment at regular intervals to ensure the protection measures relate to the victim’s current situation. Thiseffectively and sufficiently address the victim’s current situation and needs. The individual assessment shall include an assessmentevaluation of whether protection measures, in particular under Article 21, need to be adapted or taken.
Amendment 1090 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 8
Article 18 – paragraph 8
8. Victims’ dependants shall be presumed to have specific protection needs without undergoing the assessment referred to in paragraphs 1 to 67.
Amendment 1091 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 8 a (new)
Article 18 – paragraph 8 a (new)
8a. Member States shall ensure that the safety and welfare of children take precedence over the rights of access of the offender when there are reasonable doubts as to safe contact with the child from both a physical and emotional point of view. In the determination of the custody and visitation rights of children, incidents of violence should be taken into account. Member States shall take the necessary legislative or other measures to ensure that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victims including children.
Amendment 1093 #
2022/0066(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that, taking into account the individual assessment referred to in Article 18, the competent authorities assess thestablish a system for the individual assessment that is adapted to the identification of immediate needs at the first contact and the support needs of victim’s and their dependant’s individual needs for support as provided for under Chapter 4within criminal proceedings, is repeated regularly, and is carried out in collaboration with other relevant authorities, depending on the stage of the proceedings. Such systems should be adapted to vulnerable victims and to those being supported through a multi-agency centre.
Amendment 1095 #
2022/0066(COD)
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. The individual assessment as well as the provision of services shall not depend on the victim’s willingness to press charges or testify against the offender.
Amendment 1100 #
Amendment 1104 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. In addition to any referral, if the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that specialised support services contact victims to offer support., only with the victim’s knowledge and consent
Amendment 1107 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that specialised support services contact victims to offer support.
Amendment 1108 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1 (new)
Article 20 – paragraph 1 – subparagraph 1 (new)
Amendment 1109 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The competent authorities shall respond to requests for protection and support, including medical care, in a timely and coordinated manner. They should be available without undue financial or administrative burden placed on the victim and irrespective of their residential or legal status.
Amendment 1115 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Where needed, they shall be able toMember States shall ensure that the competent authorities can refer child victims, including witnesses, to specialist support services without the prior consent of the abusive parent who is the holder of parental responsibility. In this case, the safety and protection needs of the non-abusive parent shall be assessed in parallel.
Amendment 1119 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. The referral to support services, including specialist support services, as well as the provision of services shall not depend on the victim’s willingness to press charges or testify against the offender.
Amendment 1131 #
2022/0066(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Member States shall ensure that the competent authorities can issue restraining or protection orders to provide long-term protection for victims or their dependants and their companion animals against any acts of violence covered by this Directive, including by prohibiting or restraining certain dangerous behaviour of the offender or suspect.
Amendment 1134 #
2022/0066(COD)
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Member States shall ensure that in situations in which barring, restraining and protection orders are issued, perpetrators are informed and encouraged to enrol in specialised programmes addressing gender based violence.
Amendment 1144 #
2022/0066(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that the competent authorities informprovide victims ofwith the possibility to apply for emergency barring and restraining or protection orders, as well as the possibility to seek cross-border recognition of protection orders pursuant to Directive 2011/99/EU or Regulation (EU) No 606/2013.
Amendment 1149 #
2022/0066(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
Without prejudice to the rights of defence, Member States shall ensure that, in criminal investigations and court proceedings, questions, enquiries and evidence concerning past sexual conducthistory and/or victim blaming attitudes towards conduct or attire of the victim or other aspects of the victim’s private life related thereto, including, where relevant, notes from counselling or therapy sessions, are not permitted.
Amendment 1152 #
2022/0066(COD)
Proposal for a directive
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
Member States shall take the necessary legislative measures to prohibit mandatory alternative dispute resolution processes, in relation to all forms of violence covered by the scope of this Directive.
Amendment 1158 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
Member States shall issue guidelines for the competent authorities acting in criminal proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domesticgender-based violence. Those guidelines shall include guidance on:
Amendment 1160 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point a a (new)
Article 23 – paragraph 1 – point a a (new)
(aa) how to apply a gender-responsive and intersectional approach in all actions and measures;
Amendment 1166 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) how to treat victims in a trauma-, gender- disability-, language- and child- sensitive manner including through an intersectional approach as referred to in Article 2 of this directive;
Amendment 1173 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) how to ensure that victims are treated in a respectful way and that the proceedings are conducted in a manner as to prevent secondary or repeat victimisation;
Amendment 1174 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
(e) how to cater to the enhanced protection, medical and support needs of victims experiencing discrimination based on a combination of gender or sex and other grounds;
Amendment 1176 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
(e) how to cater to the enhanced protection and support needs of victims experiencing discrimination based on a combination of sex or gender and other grounds;
Amendment 1183 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point g
Article 23 – paragraph 1 – point g
(g) how to refer victims to support services, including medical services, to ensure the appropriate treatment of victims and handling of cases of violence against women or domestic violencegender-based violence without delay.
Amendment 1185 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point g a (new)
Article 23 – paragraph 1 – point g a (new)
(ga) how to identify, recognise different typologies of offenders and address issues of minimisation, denial and victim- blaming, actively encouraging men to take responsibility for their violence and to voluntarily enrol in perpetrator programmes.
Amendment 1189 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point g b (new)
Article 23 – paragraph 1 – point g b (new)
(gb) how to deal with cases of cyber violence
Amendment 1190 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1 (new)
Article 23 – paragraph 1 – subparagraph 1 (new)
The Guidelines shall be elaborated in close cooperation with specialist services. They shall be reviewed at regular intervals, in light of their practical application, with the involvement of the specialist services, and necessary changes shall be made, if appropriate.
Amendment 1199 #
2022/0066(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point a
Article 24 – paragraph 1 – subparagraph 1 – point a
(a) provide independent assistance and advice to victims of violence against women and domestic violencegender-based violence and witnesses;
Amendment 1208 #
2022/0066(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Member States shall ensure that the bodies referred to in paragraph 1 can act on behalf or in support of one or several victims of violence against women or domesticgender-based violence in judicial proceedings, including for the application for compensation referred to in Article 26 and removal of online content referred to in Article 25, with the victims’ approval.
Amendment 1211 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall take the necessary measures to ensure the prompt removal of material referred to in Article 7, points (a) and (b), Article 8, point (c), and Articles 9 and 10. Those measures shall include the possibility for their competent judicial authorities to issue, upon application by the victim, binding legal orders to remove or disable access to such material addressed to relevant providers of intermediary services.hosting services; Article 9 of Regulation 2022/2065 shall apply to these orders mutatis mutandis
Amendment 1218 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Member States shall ensure that orders referred to in paragraph 1 and 2 are valid for an appropriate time period not exceeding the duration of any related criminal proceedings or one year, subject to renewal for an additional appropriate time period, upon application by the victim, where the judicial authority seized considers that the conditions of paragraph 2 continue to be met. However, Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a) and (b), Article 8, point (c), Article 9 or Article 10 are terminated without leading to the finding of such an offence having been committed, the orders are invalidated and the provider of intermediary services concerned is informed thereof.
Amendment 1219 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Member States shall ensure that orders to disable access referred to in paragraph 1 and 2 are valid for an appropriate time period not exceeding one year, subject to renewal for an additional appropriate time period, upon application by the victim, where the judicial authority seized considers that the conditions of paragraph 2 continue to be met. However, Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a) and (b), Article 8, point (c), Article 9 or Article 10 are terminated without leading to the finding of such an offence having been committed, the orders are invalidated and the provider of intermediaryhosting services concerned is informed thereof.
Amendment 1220 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Member States shall ensure that the orders and other measures referred to in paragraphs 1 and 2 are taken following transparent procedures and are subject to adequate safeguards, in particular to ensure that those orders and other measures are limited to what is necessary and proportionate and that due account is taken of the rights and interests of all parties involved, that human review and legal certainty is ensured, all affected parties can exercise their right to effective judicial redress in accordance, and that due account is taken of the rights and interests of all parties involved, including the fundamental rights of the parties concerned in compliance with the Charter.
Amendment 1222 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Member States shall ensure that the end-users of the relevant services are informed, where appropriate by the intermediaryhosting service providers concerned, of the reasons for the removal of or disabling access to the material pursuant to the orders or other measures referred to in paragraphs 1 and 2 and that those end-users have access to judicial redress.
Amendment 1225 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 6 a (new)
Article 25 – paragraph 6 a (new)
6a. Member States shall ensure these measures do not prevent providers of intermediary services from offering end- to-end encrypted services.
Amendment 1231 #
2022/0066(COD)
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure that victims have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domesticgender-based violence.
Amendment 1232 #
2022/0066(COD)
Proposal for a directive
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. Member States shall ensure that when an offender compensation is awarded, the State may take over the enforcement of the award when the offender does not make the payment within a period of 8 months.
Amendment 1233 #
2022/0066(COD)
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The damage shall include costs for healthcare services, support services, rehabilitation, loss of income and other reasonable costs that have arisen as a result of the offence or to manage its consequences. The amount of the damages awarded shall also compensate for physical and psychological harm and moral prejudice. The victims shall be further entitled to claim damages compensating them for psychological harms and mental suffering.
Amendment 1244 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Member States shall ensure that specialist support services referred to in Article 9(3) of Directive 2012/29/EU are available for victims of acts of violence covered by this Directive. The specialist support services shall provi, including sexual violence, female genital mutilation, forced marriage, forced abortion, forced sterilisation, sexual harassment and of various forms of cyber violence, regardless of their race, ethnicity, nationality, citizenship, socio-economic background, place of residence or residence status. The specialist support services shall be adequately resourced and managed by professionals who are specifically trained to assist and refer the victims to the appropriate services that shall include:;
Amendment 1250 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) advice and, information and support on anyll relevant immediate and long-term legal or practical matters arising as a result of the crime, including on access to housinglegal and psychological counselling, consultation on safety, financial assistance and benefits, access to housing, healthcare, including physical and psychological medical care, childcare, education, training and assistance to remain in or find employment; , as well as referrals to relevant general support services;
Amendment 1257 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point a a (new)
Article 27 – paragraph 1 – point a a (new)
(aa) Immediate gender-sensitive support including, safe shelter, psychosocial support, legal advice and assistance, and socio-economic support;
Amendment 1259 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point a b (new)
Article 27 – paragraph 1 – point a b (new)
(ab) Referrals to adequate specialist services including, but not limited to, rape crisis centre, women’s support centers, women’s shelters, sexual violence referral centers, and primary prevention services;
Amendment 1260 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) referrals to medical forensic examinationscare, including sexual and reproductive healthcare, rape crisis centres, forensic examinations and comprehensive healthcare services and social services, including the clinical management of rape;
Amendment 1265 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) support to victims of cyber violence, including securing of evidence and advice on judicial remedies and remedies to remove online content related to the crime, psychological counselling, as well as advice and information on how to continue an active online life.
Amendment 1272 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point c a (new)
Article 27 – paragraph 1 – point c a (new)
(ca) IT-hardware checks and advice and information on online safety including on stalkerware.
Amendment 1274 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1 (new)
Article 27 – paragraph 1 – subparagraph 1 (new)
Member States shall ensure that access to any victim support services is free of charge and is not dependent on a victim making a formal complaint about a criminal offence to a competent authority.
Amendment 1275 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. Member States shall ensure that support services focus on the human rights and safety of the victim; are based on an integrated approach that takes into account the relationship between victims, offenders, children and their wider social environment; aim to prevent secondary victimisation; aim to empower and achieve economic independence of women victims of violence; and address specific needs of vulnerable persons, including child victims, and made available to them.
Amendment 1279 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Specialist support referred to in paragraph 1 shall be offered in-person and shall be easily accessible via sufficient geographical distribution, including online or through other adequate means, such as information and communication technologies, tailored to the needs of victims of violence against women and domestic violencegender-based violence. The support shall be provided in a language that the victim can understand and in a manner that is age-appropriate for the victim.
Amendment 1284 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Member States shall ensure that specialist support services provided by non-governmental organisations have sufficient human and financial resources to provide the services referred to in paragraph 1, especially those referred to in point (c) of that paragraph free of charge to service users, including where such services are provided by non- governmental organisationsthe Member state .
Amendment 1290 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 4 a (new)
Article 27 – paragraph 4 a (new)
4a. Member States shall provide the protection and specialist support services necessary to comprehensively address the multiple needs of victims at the same premises, or have such services coordinated through a central contact point, or through online access to such services. Such combined offering of services shall include at least first hand medical care, referrals to comprehensive healthcare services and social services, psychosocial support, legal, and police services, and be available and accessible to victims with disabilities and other marginalised communities.
Amendment 1291 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for all relevant professionals, including healthcare and, social service professionaland child welfare/protection services on identifying and providing appropriate support to victims of all forms of violence against women and domestic violengender based violence, including treating victims in a sensitive manner, with consideration for the potential discrimination outlined in Article 2 of this directive, avoiding stereotypes, preventing secondary or repeat victimisation, and on referring victims to the relevant support services. Such guidelines and protocols shall be developed in close cooperation with specialist services, including on referring victims to the relevant support servwomen’s specialist services, based on their expertise and best practices, and taking into consideration the process and content of relevant risk assessment, risk management and safety planning, as regulated by Articles 18, 19 and 23 of this Directive. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of gender or sex and other grounds of discrimination. Such guidelines and protocols shall also address the specific needs of victims of sexual violence, as referred to in Article 28.
Amendment 1294 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for healthcare and social service professionals on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex or gender and other grounds of discrimination.
Amendment 1298 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 6
Article 27 – paragraph 6
6. Member States shall ensure that specialist support services remain fully operational for victims of violence against women and domesticgender based violence in times of crisis, such as health crises or other states of emergency., by providing sufficient upfront funding, to cover the costs to adequately adapt and respond to such crises
Amendment 1301 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 7
Article 27 – paragraph 7
7. Member States shall ensure that specialist support services are available to victims before, during and for an appropriate time after criminal proceedingtailored assistance and support to victims of gender based violence is available, free of charge, victims-centred and provided before, during and after the violence occurs.
Amendment 1306 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 7 a (new)
Article 27 – paragraph 7 a (new)
7a. Member States shall ensure a minimum of one rape crisis or sexual violence referral centres per 200,000 women.
Amendment 1307 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 7 b (new)
Article 27 – paragraph 7 b (new)
7b. Member States shall implement workplace support systems for victims of gender based violence including sexual harassment and domestic violence encompassing flexible and tailored support which should include paid leave, options to reduce or change work tasks for an agreed period of time, domestic violence risk assessment, financial support in cases of financial abuse, and personalised safety plans, amongst other to support from external gender based violence support organisations.
Amendment 1308 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 7 c (new)
Article 27 – paragraph 7 c (new)
7c. Member States shall ensure victims are able to take a minimum of 10 days of safe leave, not dependant on the filing of a formal complaint, which shall guarantee them the time to take any measures necessary to ensure the health and/or safety of themselves and their dependants, regardless of any other leave arrangements and independent from any other contractual obligations of the victim.
Amendment 1310 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, easily accessible rape crisis centres and or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence (such as rape, sexual harassment, cyberviolence, obsteric violence, genital mutilation, sexual abuse, and sexual assault), including assisting in the preservation and documentation of evidence and in recording instances of sexual violence whose motives are related to the sex, gender, gender identity or gender expression and other personal characteristics of the victim. These centres shall provide for medical care and forensic examinations, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereaftimely referral to comprehensive healthcare services, including sexual and reproductive healthcare services, clinical management of rape, access to emergency contraception, treatment of sexually transmitted infections and abortion care, specialised trauma support and psychological counselling and accompaniment throughout court procedures, where a victim decides to pursue this,, after the offence has been perpetrated and until the best achievable level of victim’s recovery. Where the victim is a child, such services shall be provided in a child-friendly manner.by specialist support services for children. Interviews of children under the age of 16 who have experienced sexual violence must be limited and performed by a dedicated actor to prevent revictimisation,
Amendment 1314 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence, which should clarify whether the motives were related to the sex or gender and other personal characteristics of the victim. These centres shall provide for medical and forensic examinations, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner.
Amendment 1317 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. Member States shall guarantee that victims of sexual violence have timely access to comprehensive healthcare services, including sexual and reproductive healthcare, such as emergency contraception, safe and legal abortion, screening and post-exposure prophylaxis for sexually transmitted infections, and other necessary care.
Amendment 1320 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 1 b (new)
Article 28 – paragraph 1 b (new)
1b. The denial or delay of safe abortion care when the pregnancy results from rape is a violation of human rights and a form of gender-based violence, which breaches the prohibition of torture and cruel, inhuman and degrading treatment. Member States shall provide training, guidelines, and protocols to healthcare professionals, to address the physical, psychological, sexual, gynaecological, and reproductive consequences of sexual violence.
Amendment 1322 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The services referred to in paragraph 1 shall be available free of charge and accessible all day, every day of the week. They may be part of the services referred to in Article 27. The support shall be provided regardless of the nationality, citizenship, place of residence or legal status of the victim.
Amendment 1324 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Member States shall ensure a sufficient geographical distribution and capacity of these services across the Member State, with particular attention to making services accessible to women in rural and remote areas in a safe and confidential manner.
Amendment 1327 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3a. Member States shall provide training, guidelines and protocols to healthcare professionals to address the physical, psychological, sexual, gynaecological and reproductive consequences of sexual violence.
Amendment 1333 #
2022/0066(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure effective, age-appropriate , accessible, free of charge support to victims of female genital mutilation, including by providing, gynaecological, sexological, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been perpetrated and for as long as necessary thereafter. This shall also include the provision of information on units in public hospitals that perform genital and clitoral reconstructive surgery. Such support may be provided by the referral centres referred to in Article 28 or any dedicated health centre and with a holistic, multidisciplinary approach.
Amendment 1339 #
2022/0066(COD)
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29a Specialist support for victims of intersex genital mutilation 1. Member States shall ensure that victims of intersex genital mutilation are provided with effective support, including gynaecological, psycho-social, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. This shall also include access to treatment and medications needed as a consequence of intersex genital mutilation. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of intersex genital mutilation referred to in paragraph 1 of this Article.
Amendment 1340 #
2022/0066(COD)
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29a Specialist support for victims of forced sterilisation 1. Member States shall ensure that victims of forced sterilisation are provided with effective support, including gynaecological, psychological and trauma care tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of forced sterilisation referred to in paragraph 1 of this Article.
Amendment 1341 #
2022/0066(COD)
Proposal for a directive
Article 29 b (new)
Article 29 b (new)
Article 29b Specialist support for victims of intersex genital mutilation 1. Member States shall ensure that victims of intersex genital mutilation are provided with effective support, including gynaecological, psycho-social, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. This shall also include access to treatment and medications needed as a consequence of intersex genital mutilation. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of intersex genital mutilation referred to in paragraph 1 of this Article.
Amendment 1345 #
2022/0066(COD)
Proposal for a directive
Article 30 – title
Article 30 – title
Specialist support for victims of sexual harassment at work
Amendment 1347 #
2022/0066(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
Member States shall, in consultation with the social partners, take measures to ensure external counselling and legal services are available for victims and employers in cases of sexual harassment at work or cyber violence and harassment at work. These services shall include advice on adequately addressing such instances at the workplace, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishespending the outcome of dismissal procedure. The possibility of early conciliation should be available only if the victim so wishes. The costs of such counselling services and legal services shall be covered by the Member State or by the employer.
Amendment 1354 #
2022/0066(COD)
Proposal for a directive
Article 30 a (new)
Article 30 a (new)
Article 30a Support at work for victims of gender- based violence 1. Member States shall ensure that employers, in cooperation with trade union representatives, take appropriate measures to provide a safe working environment and support to victims of gender-based, and to ensure that consequences of gender-based violence on the safety of victims and co-workers and on productivity and performance at work are not taken into account in performance evaluations. Workers shall have the right to receive support from a trade union and the workplace health and safety representative.
Amendment 1356 #
2022/0066(COD)
Proposal for a directive
Article 30 b (new)
Article 30 b (new)
Article 30b Collective bargaining on harassment at work and gender based violence 1. Member States shall ensure that trade unions are able to bargain collectively on workplace measures to prevent and address sexual harassment at work and cyber violence at work, and to identify and support victims of gender-based violence. 2. Member States shall take measures to promote collective bargaining on workplace practices on preventing and addressing instances of sexual harassment, cyber violence and gender- based violence, including through awareness-raising and training of employers, trade union representatives and workplace health and safety representatives
Amendment 1357 #
2022/0066(COD)
Proposal for a directive
Article 30 c (new)
Article 30 c (new)
Article 30c Specialist support for victims of cyber violence 1. Victims of cyber violence shall be allowed to access the same specialist services as victims of other forms of gender-based violence covered in this Directive. 2. Specialist services provide victims with comprehensive, free, accessible and effective support, including psychological counselling and medical care tailored to their specific needs, securing of evidence, IT-hardware checks, as well as advice and information on online safety, including on stalkerware, on how to protect their privacy and continue an active online life, as well as on the legal avenues possible, including judicial remedies to remove online content as referred to in Article 25 of this Directive. 3. Victims of cyber violence shall have access to physical and online safe spaces where needed in order to seek for help and support, ask questions and to avoid social isolation. 4. The provision of support services shall be in a language that the victim understands and shall not depend on the victim’s willingness to press charges or testify against the offender. Under no circumstances shall victims of cyber violence be forced to engage in any intervention with an authority or service against their will, nor rushed into any process. 5. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of cyber violence referred to in paragraph 1 of this Article.
Amendment 1358 #
2022/0066(COD)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States shall set up state- wide round-the-clock (24/7) telephone helplines, free of charge, to provide advice for victims of violence against women and domestic violence and with sufficient capacity to respond to all incoming calls, to provide advice for victims of all forms of gender-based violence. These helplines shall be run with the support of specialist services, including women’s specialist services, and shall connect the victims with other social, health and justice services.. Advice shall be provided confidentially or with due regard for their anonymity of victims. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications were reasonably accessible to the victim. The staff working in such helplines should be trained to have appropriate knowledge, skills and language awareness to respond adequately to the individual needs of the victims.
Amendment 1366 #
2022/0066(COD)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 1371 #
2022/0066(COD)
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
4. [Member States shall ensure that the service under paragraph 1 for victims of violence against women is operated undergender based violence is also possible to reach via the harmonised number at EU level “116 016” and that the end-users are adequately informed of the existence and use of such number.]
Amendment 1372 #
2022/0066(COD)
Proposal for a directive
Article 31 – paragraph 4 a (new)
Article 31 – paragraph 4 a (new)
4a. Member States shall ensure that all workers, regardless of the character and nature of the employment relationship, are sufficiently and adequately informed about the existence and accessibility of the victim helplines.
Amendment 1376 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall be accessible and shall address the specific needs of women victims of domestic violence and sexual violence, including by ensuring that there is access to single-gender shelters. They shall assist them in their recovery, providing safe, adequate and appropriate living conditions with a view on a return to independent living.
Amendment 1377 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violence, including by ensuring that there is access to single- gender shelters. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living.
Amendment 1380 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
1a. The shelters and other appropriate interim accommodations shall be accessible and equipped to accommodate the specific needs of victims with disabilities.
Amendment 1382 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. The shelters and other appropriate interim accommodations shall be equipped to accommodate companion animals, or to provide adequate and appropriate alternative accommodations.
Amendment 1384 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The shelters and other appropriate interim accommodations shall be available to victims regardless of their nationality, citizenship, place of residence or residence status and irrespective of their migration status.
Amendment 1391 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 4 a (new)
Article 32 – paragraph 4 a (new)
4a. Member States shall ensure a minimum of one family place per 10,000 women.
Amendment 1394 #
2022/0066(COD)
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Member States shall ensure that children are provided specific adequate support, in cooperation with, and the support of, the non-violent parent(s) or guardian(s) as soon as the competent authorities have reasonable grounds to believe that the children might have been subject to, including having witnessed, violence against women or domesticgender-based violence. Support to children shall be specialised, accessible and age- appropriate, respecting the best interests of the child, and shall not require the prior consent of the holders of parental responsibility.
Amendment 1399 #
2022/0066(COD)
2. Child victims shall be provided with age-appropriate medical care, emotional, psychosocial, psychological and educational support, including linguistic and culturally mediated care and support, as well as any other appropriate support tailored in particular to situations of domestic violence.
Amendment 1414 #
2022/0066(COD)
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibilities who is an offender or suspect of violence against women or domesticgender-based violence, to the extent that the latter has rights of access. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child referrals for offender to address both their violence towards their partner and to improve their parenting as appropriate, and in full consideration of the rights of the child, on a voluntary basis.
Amendment 1420 #
2022/0066(COD)
Proposal for a directive
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
In the determination of custody and visitation rights of children, Member States shall take the necessary legislative and other measures to guarantee that incidents of violence in the family are taken into account and that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or children. Member States shall aim to prohibit mandatory shared custody and/or visiting rights in cases of violence or suspected violence; and prohibit the use of parental alienation or any related concept in cases of violence when determining custody and visitation.
Amendment 1427 #
2022/0066(COD)
Proposal for a directive
Article 35 – title
Article 35 – title
Targeted support for victims with specificintersectional needs and groups at risk
Amendment 1429 #
2022/0066(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violencgender based violence, by way of intersectional characteristics as referred to in Article 2 of this directive, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, women sex workers, women detainees, or older women. LBTIQ women and other LGBTIQ people subject to gender-based violence, women sex workers, women detainees, or older women, and women in precarious working conditions, as well as substance abusers.
Amendment 1431 #
2022/0066(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, women sex workers, women detainees, or older women, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender-based violence.
Amendment 1439 #
2022/0066(COD)
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The support services under Articles 27 to 32 shall be adequately funded to have sufficient capacities to accommodate victims with disabilities, taking into consideration their specific needs, including personal assistance.
Amendment 1442 #
2022/0066(COD)
Proposal for a directive
Article 35 – paragraph 3
Article 35 – paragraph 3
3. The support services shall be available for third-country nationals who are victims of violence against women and domesticgender based violence, including for applicants for international protection, for undocumented persons and for persons subject of return procedures in detention. Member States shall ensure that victims who request so may be kept separately from persons of the other sexdifferent genders in detention facilities for third- country nationals subject of return procedures, or accommodated separately in reception centres for applicants for international protection.
Amendment 1446 #
2022/0066(COD)
4. Member States shall ensure that persons can report occurrences of violence against women or domesticgender- based violence in reception and detention centres, as well as in mental health residential centres, to the relevant staff and that protocols are in place to adequately and swiftly address such reports in accordance with the requirements in Article 18, 19 and 20.
Amendment 1448 #
2022/0066(COD)
Proposal for a directive
Article 35 a (new)
Article 35 a (new)
Article 35a Gender-based asylum claims 1 Member states shall take the necessary legislative or other measures to ensure that gender-based violence against women may be recognised as a form of persecution within the meaning of Article 1, A (2), of the 1951 Convention relating to the Status of Refugees and as a form of serious harm giving rise to complementary/subsidiary protection. 2 Parties shall ensure that a gender- sensitive interpretation is given to each of the Convention grounds and that where it is established that the persecution feared is for one or more of these grounds, applicants shall be granted refugee status according to the applicable relevant instruments. 3 Parties shall take the necessary legislative or other measures to develop gender-sensitive reception procedures and support services for asylum-seekers as well as gender guidelines and gender- sensitive asylum procedures, including refugee status determination and application for international protection.
Amendment 1453 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Member States shall take appropriate actions to prevent violence against women and domestic violence. gender based violence by adopting a comprehensive multi-layered approach of primary, secondary and tertiary action. Member States shall coordinate, sufficiently fund and evaluate all three approaches, in cooperation with women's specialist services and other civil society organisations. All such prevention measures shall be evidence-based, apply human rights approach over the whole life course, be grounded in gender equality and be carried out by qualified prevention workers
Amendment 1455 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 1 a (new)
Article 36 – paragraph 1 a (new)
1a. Member States should prioritise preventative measures that are social, community and survivor-centred, providing adequate funding to holistic social and support services, including those related to mental health, social protection and harm reduction, information provision, community intervention, programmes to disrupt developmental pathways to violence, social protection policies and mechanisms that enable people to access services, remedies and stability, including residence status, without conditions or requirements to engage with law enforcement and the criminal legal system.
Amendment 1457 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Primary preventive measures shall include awareness-raising campaigns, research and education programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communhigh-quality and well- resourced education programmes, including comprehensive anti- discrimination and sexuality as well as feminist equality education, in early childhood education and care, in and outside of formal education, where appropriate developed in cooperation with relevant civil society organisations, specialist services, including women’s specialist services, social partners, impacted communities, local and regional governments or authorities and other stakeholders..
Amendment 1469 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Member States shall make information on preventive measures, the rights of victims, access to justice and to a lawyer, and the available protection and support measures available to the general public in different formats accessible to persons with disabilities, via various media, and in a language that the victim can understand.
Amendment 1472 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 3 a (new)
Article 36 – paragraph 3 a (new)
3a. The Commission and Member states shall make available appropriate resources to promote the establishment and continuation of safe spaces, both online and offline, in particular single gender safe spaces, where women and girls in all their intersectional diversity as well as other potential targets of the types of violence covered by this directive, may go in order to exchange information, and (re)build community networks and receive peer-support, especially to those with the goal of empowering and uplifting women and girls in all their intersectional diversity.
Amendment 1473 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Targeted action shall be addressed to groups at risk, including expecting and new parents, children, according to their age and maturity, and persons with disabilities, persons living in rural areas, those in a crisis of homelessness, older women, women with no or low income, women detainees, undocumented and asylum seeking people, sexual and gender- identity minorities, women in all their diversity, racial and ethnic minorities, particularly vulnerable professional groups such as sex workers, and women with uncertain or without residence status taking into consideration language barriers and different levels of literacy and abilities. Information for children shall be formulated in a child-friendly way.
Amendment 1480 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, promoting equality between women and menempowering women and girls, supporting men and boys to engage with positive masculinity and gender equality challenging harmful gender stereotypes, educating on the concept of consent, promoting gender equality, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.
Amendment 1481 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, capacitating society with the knowledge to understand consent and identify and address instances of violence, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.
Amendment 1485 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 5 a (new)
Article 36 – paragraph 5 a (new)
5a. These measures shall also promote bystander intervention, solidarity with victims and holding offenders accountable. These preventive measures should include comprehensive sexuality education programmes that challenge gender stereotypes and hierarchical relationships; stress the structural nature of gender inequality and its presence in sexuality and relationships and shall work as means to ultimately reduce violence, inequality and discrimination. Such programmes shall be launched as early as possible and in an intersectionally sensitive manner.
Amendment 1489 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutiland intersex genital mutilation, as well as forced sterilisation, forced abortion and forced contraception. These should be designed in cooperation with relevant affected communities to ensure full coverage of their needs as well as sensitive, appropriate and non-stigmatising communication.
Amendment 1491 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutilation, intersex mutilation and other harmful practices.
Amendment 1495 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 7
Article 36 – paragraph 7
7. Member States shall foster multidisciplinary and stakeholder cooperation, including intermediary services and competent authorities to develop and implement measures to tackle cyber violence, which should be in full compliance with fundamental rights. Preventive measures shall also specifically address cyber violence and in particular measures to protect young people. In particular, Member States shall ensure that education measures include the development of digital literacy skills, including critical thinking and engagement with the digital world, to enable users to identify and address cases of cyber violence, seek support and prevent its perpetration. Member States shall foster multidisciplinary and stakeholder cooperation, including a requirement for intermediary services and competent authorities to develop and implement measures to tackle cyber violence.
Amendment 1497 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 8
Article 36 – paragraph 8
8. Member States shall ensure that sexual harassment at work, in consultation with the social partners, ensure that sexual harassment, cyber violence at work and domestic violence is addressed in relevant national policies. Those national policies shall identify and establish targeted actions referred to in paragraph 2 for sectors where (this problem occurs)workers are most exposed.
Amendment 1498 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 8 a (new)
Article 36 – paragraph 8 a (new)
8a. Member States shall ensure that offender programmes are provided and open to those who are referred or who refer themselves outside of the criminal justice system. Member States shall ensure that such programmes are accessible and implemented by qualified prevention workers.
Amendment 1499 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 8 b (new)
Article 36 – paragraph 8 b (new)
8b. Member states shall develop policy to challenge the gender gap and structural inequality that leads to the perpetuation of gender based violence including work towards closing the education, income and political participation gender gaps as well as mobilising structural funds in order to improve access to social security systems
Amendment 1500 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 8 c (new)
Article 36 – paragraph 8 c (new)
8c. Member States should develop a harmonised, user-friendly, accessible and regularly updated directory of support services, helplines and reporting mechanisms to be made available in cases of cyber violence, which should contain information on the support available for other forms of gender-based violence;
Amendment 1501 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 8 d (new)
Article 36 – paragraph 8 d (new)
8d. Member States shall address the gender gap across all digital technology domains, including new technologies such as AI, and particularly in sectors such as the ICT and STEM. Member States shall facilitate the access of women and girls in all their diversity, as well as other marginalised communities to education and academia in these sectors.
Amendment 1502 #
2022/0066(COD)
8e. Member States shall promote comprehensive research on cyber violence, including root causes, prevalence and consequences, as well as to address algorithmic bias. The Commission shall support Member States in developing measures to address algorithmic bias.
Amendment 1503 #
2022/0066(COD)
Proposal for a directive
Article 36 a (new)
Article 36 a (new)
Article 36a National Action Plans for the elimination of gender based violence 1. Member States shall undertake a comprehensive assessment of the existing legal framework on gender equality and prevention of gender based violence to inform and facilitate the development of national action plans towards the elimination of gender based violence no later than 2 years following the entry in to force of this directive, together with civil society, feminist women’s specialist support services and other relevant stakeholders. 2. Member states should dedicate sufficient resources to ensure that action plans are developed through an intersectional lens and outline a comprehensive framework, centered around women and girls in all their diversity, comprised of concrete actions and practical goals, aimed at implementing holistic, societally focused policies to tackle structural inequality taking into special consideration inequalities in access to employment, education, healthcare, housing and engagement in the public sphere. 3. The Commission should ensure the full and correct implementation of these action plans and work together with, civil society, EIGE and other relevant stakeholders to develop specific indicators and benchmarks, in line with and in addition to those outlined in Article 44 of this directive, in order to monitor progress.
Amendment 1506 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall ensure that professionals likely to come into contact with victims and offenders, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support andimary prevention workers, providers of specialised support services, victim support services, professionals wording in programmes for offenders, restorative justice services, healthcare professionals, social services, educational and other relevant staff, trade union representatives and workplace health and safety representatives receive both general and specialist, as well as initial and long-term training and targeted information to a level appropriate to their contacts with victims and offenders, to enable them to identify, prevent and address instances of violence against women or domesticgender based violence and to treat victims in a trauma-, gender- disability-, language- and child- sensitive manner. The training shall be provided by qualified trainers from women specialist services adhering to stringent quality standards in terms of training duration, frequency, methods and outcomes in line with the objectives of this directive.
Amendment 1514 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
1a. To prevent violence in health care settings, particularly in gynaecology and obstetrics, health care workers shall receive training on patients’ informed consent and on treating patients in a respectful, dignified, non-discriminatory, gender-sensitive manner, including those who experience discrimination based on a combination of gender or sex and other grounds of discrimination.
Amendment 1518 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians and midwives, gynaecologists, and midwives and psychological support staff, shall receive targeted training to identify and address, in a non- discriminatory, understanding, respectful, gender- and culturally-sensitive manner, the physical, psychological and sexual consequences of female genital mutilationsexual violence, including rape, female and intersex genital mutilation and other harmful practices, forced abortion and forced sterilisation, and other harmful practices, taking into consideration multiple and intersecting layers of discrimination to which patients may be exposed. Linguistic and cultural mediators should always be available and trained to accompany the healthcare professional in treating FGM- affected patients. Training on patients’ informed consent and on treating patients in a respectful, dignified, non- discriminatory, gender-sensitive manner, including those who experience discrimination based on a combination of sex and other grounds of discrimination shall be put in place to prevent instances of violence in healthcare settings, particularly obstetric violence..
Amendment 1521 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians and midwives, shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female genital mutilation, intersex genital mutilation and other harmful practices.
Amendment 1525 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 2 a (new)
Article 37 – paragraph 2 a (new)
2a. Healthcare professionals shall receive training on patients’ informed consent and on treating patients in a respectful, dignified, non-discriminatory, gender-sensitive manner, including those who experience discrimination based on a combination of sex and other grounds of discrimination, to prevent instances of violence in healthcare settings, particularly in gynaecology and obstetrics.
Amendment 1527 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Persons with supervisory functions in the workplace, including in the uniformed services and in the goods and services sector, trade union representatives and workplace health and safety representatives , in both the public and private sectors, shall receive training on how to recognise, prevent, respond and address sexual harassment at work, including on risk assessments concerning occupational safety and health risks, cyber violence at work and domestic violence, including on gender-responsive risk assessments, primary prevention measures concerning occupational safety and health risks, including risks of gender-based violence and harassment form third-parties and risk of domestic violence, to provide support to victims and witnesses affected thereby and respond in an adequate manner. Those persons and employers shall receive information about the effects of violence against women and, as well as to recognise and address issues of violence also with offenders. Those persons and employers shall receive information, training and guidance, about the effects of gender based violence on workers and the risk of third party violence and guidelines on how to deal with offenders, as well as adequate means to support victims of domestic violence onat work and the risk of third party violence. , They shall also receive training on how to recognise instances of domestic violence and provide support to victims and ensure that victims are able to continue working in a safe environment
Amendment 1532 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 4
Article 37 – paragraph 4
4. The training activities referred to in paragraphs 1 and 2 shall include training on co-ordinated multi-agency co-operation to allow for a comprehensive and appropriate handling of referrals in cases of violence against women or domestic violence.gender based violence. Such training activities shall be developed in cooperation with specialist services and women’s NGOs to ensure effective cooperation between Member States and civil society
Amendment 1536 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 5
Article 37 – paragraph 5
5. Without affecting media freedom and pluralism, Member States shall encourage and support the setting up of media training activities by media professionals’ organisations, media self- regulatory bodies and industry representatives or other relevant independent organisations, to combat stereotypical portrayals of women and men, sexist images of women, and victim- blaming in the media, aimed at reducing the risk of all forms of violence against women or domestic violence.
Amendment 1537 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 5
Article 37 – paragraph 5
5. Without affecting media freedom and pluralism, Member States shall encourage and support the setting up of media training activities by media professionals’ organisations, media self- regulatory bodies and industry representatives or other relevant independent organisations, to combat stereotypical portrayals of women and menpeople, sexist images of women, and victim- blaming in the media, aimed at reducing the risk of violence against women or domesticall forms of gender based violence.
Amendment 1539 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 6
Article 37 – paragraph 6
6. Member States shall ensure that the authorities competent for receiving reports of offences from victims are appropriately trained, including abstention from victim- blaming attitudes and behaviours, timely victim referral to specialised services including women’s specialised services and data treatment, to facilitate and assist in the reporting of such crimes and to take into account the needs of victims.
Amendment 1542 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 7
Article 37 – paragraph 7
7. Training activities referred to in paragraphs 1 and 2 shall be regular and mandatory, including on cyber violence, and built on the specificities of violence against women and domestic violence. Such training activities shall include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of gender, sex and other grounds as outlined in Article 2 of this directive and shall encompass at least a module on the rights of victims of gender-based violence and a module aimed at developing soft skills, such as prevention of secondary victimisation, communication skills, active listening and empathy.
Amendment 1548 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 7 a (new)
Article 37 – paragraph 7 a (new)
7a. Member States shall ensure that trainings referred in this article are developed in conjunction with specialist support services. including victims organisations and civil society organisations, including feminist NGOs, in order to address and to explain the structural and endemic nature of gender- based violence, how it affects women and girls disproportionately, and on the intersecting forms of discrimination, as well as to ensure that victims’ needs are addressed and that the structural and endemic nature of gender-based violence is explained.
Amendment 1551 #
2022/0066(COD)
Proposal for a directive
Article 37 a (new)
Article 37 a (new)
Article 37a Prevention of denial of abortion care Member States must ensure that no woman or girl is denied access to abortion care, neither in law nor in practice. The denial or delay of safe abortion care, forced pregnancy and forced continuation of pregnancy are violations of human rights and forms of gender-based violence, that may amount to torture or cruel, inhuman or degrading treatment, depending on the circumstances, particularly where the life and health of the pregnant woman or girl is at risk, or where carrying a pregnancy to term would cause the pregnant woman or girl substantial pain or suffering, most notably where the pregnancy is the result of rape or incest or is not viable.
Amendment 1556 #
2022/0066(COD)
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States shall take the necessary measures to ensure that targeted and effective intervention programmes are established, in coordination with specialised support services, to prevent and minimise the risk of committing offences of violence against women or domestic violence, or reoffendinggender based violence, or reoffending. The programs shall seek to hold offenders accountable, change attitudes and behaviours.
Amendment 1559 #
2022/0066(COD)
Proposal for a directive
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The intervention programmes shall be made available for participation including to persons who fear they might commit any offence of violence against women or domestic violence.gender based violence. An admission or conviction shall not be a prerequisite for inclusion in intervention programmes
Amendment 1561 #
2022/0066(COD)
Proposal for a directive
Article 38 – paragraph 2 a (new)
Article 38 – paragraph 2 a (new)
2a. Member States shall ensure that the perpetrator programmes comply with minimum standards and are in accordance with best practices, including at least the following conditions: - they shall be provided by trained staff; - they shall have a gender-based and feminist approach; - they shall be victim-orientated and include a full risk assessment of the perpetrator; - they shall hold perpetrators fully accountable; - they shall be part of and willing to cooperate within multiagency networks; - they shall strive to establish a strong collaboration with specialised support services, including women’s support services; - they shall be adequately funded; - they shall provide guidelines for evaluation of the outcome.
Amendment 1564 #
2022/0066(COD)
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Member States shall adopt and implement state-wide effective, comprehensive and co-ordinated policies encompassing all relevant measures to prevent and combat all forms of violence against women and domesticgender- based violence.
Amendment 1566 #
2022/0066(COD)
Proposal for a directive
Article 39 – paragraph 3
Article 39 – paragraph 3
3. That body shall coordinate the collection of data referred to in Article 44 in a standardised and machine-readable format determined-based on a guidance published by the Commission, and analyse and disseminate its results.
Amendment 1574 #
2022/0066(COD)
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation, at the national level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as non- governmental organisations, particularly feminist women's organisations, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonomy, and other relevant organisations and entities.
Amendment 1577 #
2022/0066(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall cooperate with and consultbe obliged to cooperate with, provide adequate funding for and consult specialised and civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence, in particular in providing support to victims, concerninggender based violence , especially feminist organisations, in particular those working with vulnerable women and girls and victims at a heightened risk of gender-based violence, to ensure their meaningful participation in the implementation of policies and initiatives on preventing gender-based violence. In particular, the Commission and Member States shall provide sufficient funding to non-governmental organisations, including specialist and women’s specialist services, to carry out the objectives set out in the present Directive, and cooperate in providing adequate support to victims, policy- making initiatives, and regarding the development and implementation of information and awareness-raising campaigns, research and education programmes and including training programmes, as well as in monitoring and evaluating the impact of measures to support and protect victims.
Amendment 1579 #
2022/0066(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic, domestic violence, or specialised non-governmental organisations working with vulnerable women and victims at a heightened risk of violence, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.
Amendment 1585 #
2022/0066(COD)
Proposal for a directive
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
Member States shall develop a common gender budgeting framework to ensure the implementation of this directive. This common gender budgeting framework shall identify the concrete mechanisms through which the coordination among relevant national, regional and local stakeholders will be carried out in order to implement this Directive, including promising practices for improved cooperation between national authorities and civil society organizations such as specialist services, including women’s specialist services.
Amendment 1587 #
2022/0066(COD)
Proposal for a directive
Article 42 – paragraph 1
Article 42 – paragraph 1
Member States shall facilitatoversee the taking of self-regulatory measures by providers of intermediary services in connection to this Directive, in particular to develop or reinforce internal mechanisms to tackle the online material referred to in Article 25(1) and to improve thensure intersectional gender- sensitive training of their employees concerned on preventing, assisting and supporting the victims of the offences referred to therein.
Amendment 1595 #
2022/0066(COD)
Proposal for a directive
Article 43 – paragraph 1 – point b
Article 43 – paragraph 1 – point b
(b) exchanging information and best practices with relevant Union agencies, in particular EIGE;
Amendment 1597 #
2022/0066(COD)
Proposal for a directive
Article 43 – paragraph 1 – point c
Article 43 – paragraph 1 – point c
(c) providing assistance to Union networks working on matters directly relevant to violence against women and domesticgender-based violence.
Amendment 1603 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Member States shall have an harmonised system in place for the collection, development, production and dissemination of statistics on violence against women or domesticall forms of gender-based violence, including the forms of violence referred to in Articles 5 to 101.
Amendment 1607 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – introductory part
Article 44 – paragraph 2 – introductory part
2. The statistics shall include the following comparable data disaggregated by gender, sex, age of the victim and of the offender, relationship between the victim and the offender and type of offencethe context in which the offence took place, and the type of offence, as well as the reason or multiple reasons which motivated the offence, including the offences referred to in Articles 5 to 11:
Amendment 1611 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point -a (new)
Article 44 – paragraph 2 – point -a (new)
(-a) the availability of victim support services and the number of victims accessing them during the last 12 months;
Amendment 1614 #
2022/0066(COD)
(a) the number of victims who experienced violence against women or domesticgender-based violence during the last 12 months, last five years and lifetime;
Amendment 1620 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b
Article 44 – paragraph 2 – point b
(b) the annual number of such victims, of issues barring or restraining orders, of reported offences, of persons prosecuted for and convicted of such forms of violence, obtained from national administrative sources, of the type of penalties, sentences or other measures applied, of termination of criminal proceedings and their reason for termination, of acquittals of the offender and their reasons.
Amendment 1625 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(ba) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offence as contained in Article 2 of this directive.
Amendment 1626 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(ba) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offense.
Amendment 1628 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b b (new)
Article 44 – paragraph 2 – point b b (new)
(bb) the annual number of women on the overall waiting list for the support services (shelters and counselling).
Amendment 1629 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b c (new)
Article 44 – paragraph 2 – point b c (new)
(bc) the number of refused women from the support services (shelters and counselling) (annual reporting).
Amendment 1630 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b d (new)
Article 44 – paragraph 2 – point b d (new)
(bd) the number of shelter and family places per Member State (annual reporting).
Amendment 1631 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b e (new)
Article 44 – paragraph 2 – point b e (new)
(be) the costs per shelter place for each Member State (annual reporting).
Amendment 1632 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 3 – subparagraph -1 (new)
Article 44 – paragraph 3 – subparagraph -1 (new)
-1 Within the same system, Member States shall collect data for statistical purposes to assess the progress and outcome(s) of criminal proceedings, such as the type of sanction(s) applied to the offender(s) and the length, and where applicable, the number of instances of criminal proceedings.
Amendment 1634 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 4
Article 44 – paragraph 4
4. In order to ensure administrative data comparability across the Union, Member States shall collect administrative data on the basis of common disaggregations developed in cooperation with and according to the methodology developed by Eurostat and in line with the guidance referred to in Article 39(3) and the European Institute for Gender Equality in accordance with paragraph 5. They shall transmit this data to Eurostat and the European Institute for Gender Equality on a yearly basis. The transmitted data shall not contain personal data.
Amendment 1637 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 5
Article 44 – paragraph 5
5. TEurostat, in close cooperation with the European Institute for Gender Equality, shall support Member States in the data gathering referred to in paragraph 2, points (b), (c), (d) and (e), including by establishing common standards on counting units, counting rules, common disaggregations, reporting formats, and on the classification of criminal offences. Non-governmental organizations working on preventing and tackling gender based violence, including feminist organizations and women's specialist services, shall be involved and consulted in the development of the methodologies for surveys and administrative data collection regulated in this Article.
Amendment 1641 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 6
Article 44 – paragraph 6
6. The Member States shall make the collected statistics available to the public. The statistics shall not contain personal data. Data collection for statistical purposes should be ongoing to monitor trends and to identify good practices and areas for improvement. Eurostat and the European Institute for Gender Equality shall prepare a report every two years on the statistics linked to the implementation of this directive and shall transmit it to the European Parliament and the Council. The Commission shall ensure that sufficient funding is allocated to carry out such reporting.
Amendment 1643 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 7
Article 44 – paragraph 7
7. The Member States shall support research on root causes, effects, incidences and conviction rates of the forms of violence covered byin the field of all forms of victimisation covered by the scope of this Directive in order to study root causes, effects, the prevalence and risks of criminal victimisation, incidences and conviction rates, the effectiveness of support services in supporting victims, the level of implementation of provisions in thise Directive, among others.
Amendment 3 #
2021/2255(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to the UN IPCC report on Climate Change 2022: Mitigation of Climate Change,
Amendment 4 #
2021/2255(INI)
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
— having regard to the agreement adopted at the 21st Conference of the Parties to the UN Framework Convention on Climate Change (COP21) in Paris on 12 December 2015 (the Paris Agreement),
Amendment 11 #
2021/2255(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to its resolution of 20 October 2021 on the situation of artists and the cultural recovery in the EU (2020/2261(INI))2a; _________________ 2a Texts adopted: P9_TA(2021)0430
Amendment 14 #
2021/2255(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
— having regard to its resolution of 21 January 2021 on access to decent and affordable housing for all (2019/2187(INI))4a, _________________ 4a OJ C 456, 10.11.2021, p. 145–160
Amendment 16 #
2021/2255(INI)
— having regard to its resolution of 20 October 2021 on the situation of artists and the cultural recovery in the EU (2020/2261(INI))5a, _________________ 5a Texts adopted: P9_TA(2021)0430
Amendment 17 #
2021/2255(INI)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
— having regard to its resolution of 8 March 2022 on the role of culture, education, media and sport in the fight against racism6a; _________________ 6a Texts adopted: P9_TA(2022)005
Amendment 30 #
2021/2255(INI)
Motion for a resolution
Citation 29 a (new)
Citation 29 a (new)
— having regard to the Commission communication of 8 March 2022 entitled ‘REPowerEU: Joint European Action for more affordable, secure and sustainable energy’ (COM(2022)108),
Amendment 36 #
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 linked to the war on Ukraine in a context of rising populism, far right extremism and anti- European sentiment;
Amendment 38 #
2021/2255(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas buildings are responsible for 40% of EU energy consumption and for 36% of its greenhouse gas emissions from energy 1a; _________________ 1a European Commission 2021
Amendment 45 #
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 resources with far-reaching and ambitious political endeavours such as the European Green Deal, which is driving the quest for renewal and innovation within planetary boundaries;
Amendment 47 #
2021/2255(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the NEB needs to be reinterpreting the original Bauhaus in light of the climate crisis and re-design our private and public spaces at a time when war, the pandemic, natural disasters, social inequalities and costs for citizens are all dramatically increasing;
Amendment 51 #
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, toand the freedom of the arts contribute significantly to the vibrancy of a society enableing us to live better together and to build democratic and free societies, and yet and help to bolster its economy, and yet the cultural and creative sector has been one of the areas hardest hit by the pandemic;
Amendment 58 #
2021/2255(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the Union has only had limited competence in the field of culture thus far, with Creative Europe being the sole programme dedicated to culture and whose funding still falls far short of the needs of our European cultural and creative sectors;
Amendment 59 #
2021/2255(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas culture is also essential to an exploration of the complex challenges of society, and to facilitate inquiries into our interdependence with the environment, and the nourishment of humans’ collective life;
Amendment 62 #
2021/2255(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas culture, arts and cultural heritage are of great value to European society from a cultural, educational, democratic, environmental, social, human rights and economic point of view, and should be promoted and supported;
Amendment 70 #
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, beautiful, and sustainable society;
Amendment 100 #
2021/2255(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas poor planning and design in the public realm, the growth of urban sprawl and inappropriate land use have resulted in the loss of building quality across Europe;
Amendment 104 #
2021/2255(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas there is an urgent need to develop more sustainable and regenerative economic models in the construction and building sectors, which enable the circular economy in the EU;
Amendment 107 #
2021/2255(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas a high-quality built environment requires the work of skilled professionals and craft persons in the construction sector as well as creative and cultural workers;
Amendment 110 #
2021/2255(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas homelessness and lack of access to quality housing is a crisis throughout the EU;
Amendment 118 #
2021/2255(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that the historicoriginal Bauhaus movement created a paradigm shift in design, architecture and the arts with the goal of democratising culture and which delivered radical innovation and reflected true cultural and social changes in a progressive artistic and educational context;
Amendment 129 #
2021/2255(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the New European Bauhaus (NEB) initiative and emphasises its role as forming part of the ‘soul’ of the European Green Deal and that it must primarily focus on improving the quality of people’s lives by transforming thboth tangible and intangible spaces, buildings, cities, regions and territories in which they live towards inclusive, accessible and environmentally sustainable areas, while respecting planetary boundaries and protecting the environment;
Amendment 137 #
2021/2255(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that the NEB should be part of a broader Cultural Deal for Europe and support as well as achieve mutual benefits with the Creative Europe programme for the cultural and creative sectors; reiterates in this context that the Creative Europe budget shall not be reallocated to fund the NEB;
Amendment 148 #
2021/2255(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises the NEB as a creative and inter- and transdisciplinary initiative which brings together architecture, design, the arts and science at the forefront of EU policies for the first time, making the European Green Deal a tangible, positive and inclusive experience for all;
Amendment 150 #
2021/2255(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines the enormous creative potential that the NEB can unleash by opening up new opportunities for artists, performers and other cultural creators, especially with regards to collaboration across different professions within and beyond the cultural and creative sectors;
Amendment 152 #
2021/2255(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reaffirms that the NEB has the potential to reshape the way policies are conceived and to define the environment of the future by meeting the need for spaces adapted to new ways of life; Considers the need to ensure coherence with legislative and programming instruments - both sector-specific and across complementary policy sectors such as regional cohesion, mobility and social policy - and with a level of ambition that is in line with climate commitments, and create guidelines for Member States to implement the NEB alongside those instruments;
Amendment 173 #
2021/2255(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that the NEB must be accessible, affordable, socially fair and inclusive and must actively involve EU citizens and community-based organisations in a bottom-up way – from project design to roll-out and evaluation – while avoiding any elitist approachesPoints to the pressing issue of rising energy prices and a resulting increase in energy poverty among EU households; highlights that the NEB therefore needs to prioritise the showcasing of affordable, socially inclusive, energy efficient buildings with renewable energy installations for any residual demand or other energy system needs, including mobility;
Amendment 180 #
2021/2255(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that this innovative cultural movement has the potential to position Europe as a global frontrunner in the area of sustainable architecture, design, culture, technology and energy efficiency by promoting ways of living better together, which can also be applied beyond the EUterritorial and spatial planning, design, culture, social and technological innovation and energy efficiency and renewable energies by promoting ways of living better together, which can also be applied beyond the EU; Calls for NEB to create incentives through its pilot projects that would encourage the production and distribution of sustainable utilities and products such as prefabricated elements with sustainable materials and including solar PVs or charging infrastructure;
Amendment 191 #
2021/2255(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that the NEB should provide a forum for the exchange and collaboration of ideas between local and regional authorities, cultural actors, organisations representing marginalised communities and minorities, NGOs, research centres, businesses and other stakeholders, in order to create inclusive, environmentally friendly and sustainable living spaces.
Amendment 194 #
2021/2255(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Underlines that the NEB has the potential to nurture future EU policy and legislative developments having a direct or indirect impact on culture and the built environment and professionals therein;
Amendment 195 #
2021/2255(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Acknowledges NEB’s potential in contributing to post-war, just transition and post natural disaster restoration of the urban and natural environment, society and economy;
Amendment 196 #
2021/2255(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
Amendment 197 #
2021/2255(INI)
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Emphasises that the NEB must be inclusive of all communities, especially those most marginalised, in a way that is accessible, affordable, socially fair and must actively involve all peoples within the EU such as community-based organisations, energy communities and self-led organisations in a bottom-up way – from project design to roll-out and evaluation – while avoiding any elitist approaches;
Amendment 198 #
2021/2255(INI)
Motion for a resolution
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Considers that the NEB must be developed through an intersectional framework to ensure wide-ranging inclusion, especially of children, young people and women in all their diversity throughout its planning and execution, as well as to include clearly gender mainstreaming as a huge potential to increase sustainable living quality; Supports the incorporation of a gendered approach that takes into account daily life and care as basic issues to tackle when designing and defining living environments;
Amendment 199 #
2021/2255(INI)
Motion for a resolution
Paragraph 6 g (new)
Paragraph 6 g (new)
6g. Recognises the benefits of citizen- led projects that adopt a neighbourhood approach in the NEB such as citizen led renovation programmes, which aim to be inclusive of all citizens living in, and using a district, in reducing the environmental impact, energy and resource use of buildings, as well as improving the accessibility of buildings, and their links to better heating, cooling and transport systems; recognises that such projects have a pivotal role in fighting energy poverty and protecting vulnerable households;
Amendment 200 #
2021/2255(INI)
Motion for a resolution
Paragraph 6 h (new)
Paragraph 6 h (new)
6h. Believes that the NEB movement should promote more sustainable, socially inclusive and innovative ways of life based on use of and access to public spaces, new models of participative planning, designing, renovation, constructing and inhabiting our built environment in order to suit emerging needs and challenges and help to ensure quality housing and living environment for all; calls on the Commission and the Member States to use the NEB as a tool to combat homelessness across the EU;
Amendment 201 #
2021/2255(INI)
Motion for a resolution
Paragraph 6 i (new)
Paragraph 6 i (new)
6i. Considers that the NEB has the potential to contribute to the decentralisation of knowledge through the creation of spaces and environments that facilitate knowledge exchange and encourage understanding and respect of others;
Amendment 202 #
2021/2255(INI)
Motion for a resolution
Paragraph 6 j (new)
Paragraph 6 j (new)
6j. Considers that lifelong learning and informal and non formal education are key to the advancement of the NEB; calls for its key principles to be reflected in curricula, pedagogical material and resources and for the promotion of creative thinking and problem solving as an integral part of all educational institutions;
Amendment 203 #
2021/2255(INI)
Motion for a resolution
Paragraph 6 k (new)
Paragraph 6 k (new)
6k. Considers that the NEB must enable and develop European best practices and foster knowledge transfer and peer-learning among people, local and regional authorities and professionals;
Amendment 204 #
2021/2255(INI)
Motion for a resolution
Paragraph 6 l (new)
Paragraph 6 l (new)
6l. Considers that the NEB needs to focus more attention and resources on finding “beautiful, inclusive and sustainable” solutions to urgent social challenges linked to the built environment, notably homelessness and housing exclusion;
Amendment 205 #
2021/2255(INI)
Motion for a resolution
Paragraph 6 m (new)
Paragraph 6 m (new)
6m. Emphasizes NEB’s potential to drive social change by targeting homelessness and prioritising vulnerable households and by promoting sustainable, renewable-based and energy efficient housing solutions;
Amendment 212 #
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, civil society, professionals and their representative organisations, which should have equitable access to opportunities and funding;
Amendment 218 #
2021/2255(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to create an integrated, non discriminatory, accountable and territorially-structured governance for the NEB, including public involvement and ownership, e.g. through responsibility over project selection, appropriate territorial layout based on functional criteria rather than administrative units and an overarching governance framework providing for coordination, capitalisation, accountability and exchange of experience;
Amendment 224 #
2021/2255(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Highlights the need to address the difficulty in obtaining EU funding for grassroots and community groups in order to ensure the true inclusivity of the NEB; calls in this regard for any future budget to include specific provisions for access to funding for marginalised communities, tailored to their profiles and ways of working to enable, empower and resource the process of brief development and ideation of any future intervention in the built environment;
Amendment 234 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – introductory part
Paragraph 8 – introductory part
8. Requests that the Commission clarify the general criteria for the selection and evaluation of NEB projects and for the allocation of funds, as well as adding additional criteria, in particular:
Amendment 245 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 3
Paragraph 8 – indent 3
- creating new jobs with quality working conditions and business opportunities;
Amendment 256 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 5
Paragraph 8 – indent 5
- promotensuring the participation of EU citizensa diverse range of stakeholders including community led organisations and civil society people;
Amendment 262 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 6
Paragraph 8 – indent 6
- involving the cultural and creative sectors and industries (CCSI), including cultural creators;
Amendment 263 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 7
Paragraph 8 – indent 7
- linking the NEB to the indicators of the 2030 Agendaensuring alignment of the NEB with the SDGs following the indicators of the 2030 Agenda, with the Union's commitment under the Paris Agreement, the EU’s climate, environment and energy policies and core European values;
Amendment 266 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 7 a (new)
Paragraph 8 – indent 7 a (new)
- – minimising the full environmental impact of the project over its life cycle, according to the Level(s) framework, taking into account both operational and embodied carbon; - fighting energy poverty and homelessness; - minimising greenhouse gas emissions and resource use from the building sector; - reducing waste and increasing recuperation and recycling in line with circular economy principles; - combating climate change and advancing environmental protection and biodiversity, including through green and blue infrastructures in and around buildings; - promoting inclusion and cross-sectoral participation.
Amendment 288 #
2021/2255(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls, in addition, for specific criteria to be developed for the relevant sectors, in particular culture, construction and architecture, energy, mobility, design, including sustainability and climate neutrality by design, tourism, education and skills, crafts, and the arts;
Amendment 296 #
2021/2255(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Regrets the lack of clarity on funding for the NEB from 2023 onwards; calls for the Horizon Europe Regulation to be amended duringan assessment in the context of the mid-term revision of the current multiannual financial framework (MFF) in order to create an NEB mission funded with EUR 500 millionwithout jeopardising existing funding and priorities, in particular under Creative Europe, Erasmus + and ESC; underlines that the programme should also be supported by other relevant programmes in order to generate additional impact; stresses that the NEB must not erode funding for core programme objectives agreed by the legislators nor divert focus from agreed political priorities; insists that any decision to develop the NEB into a longer-term initiative or programme requires fresh resources as part of the necessary mid-term revision of the MFF;
Amendment 311 #
2021/2255(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to table a proposal as soon as possible to make the NEB an new stand-alone EU programme by the next MFF; insists that this will require fresh resources with a dedicated and stable budget line; underlines that this new programme must not reduce funding for other programmes nor divert focus from their agreed political priorities;
Amendment 328 #
2021/2255(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to set up an evidence-based monitoring and evaluation mechanism, which should continuously review all NEB activities and report regularly to Parliament and the Council, including on the societal and climate impact of its activities; expects to receive the first monitoring report in 2022;
Amendment 342 #
2021/2255(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. BelievUnderlines that the NEB movement should promote more sustainable, socially inclusive and innovative ways of life based on new models of planning, constructing and inhabiting our built environment in order to suit emerging needs and help to ensure decent housing for allust focus on transforming, upgrading and retrofitting existing buildings and infrastructures, as these represent the bulk of buildings in Europe, and they will in majority still be inhabited and used in 2050 when the EU is set to achieve climate neutrality at the latest;
Amendment 363 #
2021/2255(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to draw up innovative educational curricula for the development of spatial skills and to integrate green and digital skills within higher education and lifelong learning, which will also help to deliver the European Skills Agenda; calls for the EU to promote such endeavours; calls on the Commission to make mobility opportunities an integral part of the NEB, including in rural, insular, mountainous, remote and less accessible areas;
Amendment 371 #
2021/2255(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission and the Member States to recognize the NEB as a tool to contribute to the up- and reskilling of cultural professionals and the improvement of their overall working conditions, particularly in the context of the green and digital transitions and of the cultural recovery of Europe;
Amendment 374 #
2021/2255(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recognises the role of green public procurement procedures in developing a high-quality built environment;
Amendment 380 #
2021/2255(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Member States and the Commission to integrate all aspects of the knowledge triangle – innovation, research and education – by promoting partnerships between universitieshigher education, research organisations and industry, including the relevantenterprises, in particular small and medium-sized enterprises (SMEs) and start ups, in close cooperation with the European Institute of Innovation and Technology and the Joint Research Centre;
Amendment 386 #
2021/2255(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights that the NEB could support EU objectives on climate policy, energy security and efficiency by encouraging investment and incentivising low-tech, low-energy solutions andzero emission solutions, social innovation and behavioural change could facilitate the digital transition by improving connectivity to mitigate the digital divide; underlines the importance of the NEB fighting energy poverty through innovative solutions for the building, construction, industrial and materials sectors;
Amendment 408 #
2021/2255(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls for the promotion of artistic creation within cultural and creative ecosystems that assure the working conditions of creators; acknowledge the cultural aspect of the NEB is critical to its social and democratic dimension;
Amendment 411 #
2021/2255(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Believes that the NEB should play a central role in promoting greater circularity in the built environment, notably by promoting deep renovation and adaptive re-use over demolition and new built, as appropriate; Calls to ensure that circularity and sustainable criteria for building materials are at the heart of the selection for projects;
Amendment 414 #
2021/2255(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Considers that the NEB should promote sustainable and circular construction materials, in particular bio- and geo-sourced materials and secondary raw materials, as well as simple, passive, low-tech and locally tested building techniques;
Amendment 422 #
2021/2255(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission and the Member States to connect the NEB to the Renovation Wave, taking advantage ofin order to ensure that the inRenovative solutions that the project offers in the comprehensiveon Wave achieves a truly holistic and quality deep renovation of ourthe building stock, mincluding with regard to energy efficiencydful of the site specific contexts and surrounding neighbourhood;
Amendment 437 #
2021/2255(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Supports the creation of an NEB label in partnership with NGOs and other relevant stakeholders, coordinated with existing labels, based on clear criteria applied in an inclusive way in order to recognise projects and products for achieving key NEB goals and help them get access to funding; calls on the Commission to ensure that EUthe label should facilitate accessing EU and other funding schemes and create incentives to apply for the label, in particular citizen and community-led projects; calls for market uptake of the label to be explored; warns however that it is particularly difficult to define criteria for certain quality aspects, in particular aesthetic;
Amendment 457 #
2021/2255(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Highlights that the NEB should embrace the potential of the CCSI, including cultural and creatoive workers, as drivers of economic growth and innovative, high- quality services and products;
Amendment 459 #
2021/2255(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to guarantee the adequate and continuous involvement of all stakeholders from the cultural and creative sectors in the implementation and monitoring of the NEB, and to facilitate the exchange of good practices, mutual learning, and capacity building to ensure the NEB will create tangible, sustainable, cultural, social and economic benefits;
Amendment 464 #
2021/2255(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to allow Parliament to be more closely involved in the relevant NEB bodiesprocesses that do not concern the legislative process, such as the high- level roundtable;
Amendment 471 #
2021/2255(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for the future NEB lab to make innovative recommendations, to collaborate with other institutions, national and, regional and local governments, and stakeholders, including civil society and community groups and to establish clear operating and reporting rules in line with the initiative;
Amendment 493 #
2021/2255(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Welcomes the NEB Prize and the NEB Festival, in particular side-events taking place in diverse locations across Europe, and encourages the Commission to pursue these initiatives in future;
Amendment 495 #
2021/2255(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Encourages all public authorities, including the European Union, to incorporate NEB principles into the management of their own built environment;
Amendment 30 #
2021/2251(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that the European cultural and creative sectors including industries account for between 4 and 7 % of the EU’s GDP and for about 8.7 million jobs in the EU; emphasizes that these figures are not adequately reflected in the national recovery and resilience plans, leaving the cultural and creative sectors considerably underrepresented in the EU’s overall effort to overcome the pandemic and support the recovery and resilience of the European economy;
Amendment 33 #
2021/2251(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Emphasizes that the European Parliament repeatedly and with an overwhelming majority - e.g. in its resolution of 17 September 2020 on the cultural recovery of Europe and in its resolution of 20 October 2021 on the situation of artists and the cultural recovery in the EU - called on the Commission and the Member States to include culture in the national recovery and resilience plans and to earmark at least 2 % of the RRF budget to culture;
Amendment 34 #
2021/2251(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Recalls that atypical employment (part-time and fixed-duration contracts, temporary work and economically dependent self-employment) is commonplace for authors, performers, artists and many other cultural creators, often leading to precarious working conditions; highlights that the pandemic has exposed and exacerbated this situation which poses a fundamental threat to the EU’s cultural ecosystem, to Europe’s cultural diversity and to our democracy and society;
Amendment 77 #
2021/2251(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Urges the Member States to put the recovery and resilience of the cultural and creative sectors at the core of their investments into culture, with a particular focus on improving the overall situation of authors, performers, artists and all other cultural creators who are the ones to create the cultural works that our democracy, society and economy benefit from;
Amendment 78 #
2021/2251(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Underlines that any action taken to help the cultural and creative sectors in their recovery should not only be aimed at economic recovery, but also be used for the improvement of the working conditions of authors, performers, artists and all other cultural creators as well as for their up- and reskilling with regards to i.a. knowledge of their rights, the opportunities of the digital era and the possibilities of international mobility;
Amendment 3 #
2021/2243(INI)
Draft opinion
Recital A
Recital A
A. whereas many women in all their diversity, including racialized women, women with disabilities and migrant women, face intersecting inequalities and discrimination in the EU; whereas intersectional discrimination refers to a situation in which several grounds of discrimination operate and interact with each other, for example gender with other grounds of discrimination such as race, colour, ethnic or socio-economic status, age, sexual orientation, gender identity and expression, sex characteristics, genetic features, religion or belief, nationality, residence status, or disability, among others, in a way that they are inseparable and produce specific types of discrimination;
Amendment 6 #
2021/2243(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the various ways in which discrimination manifests at the individual level leads to a violation of individuals’ right to equal treatment and has a significant negative impact on them; whereas the failure of anti-discrimination laws to cater to intersectional forms of discrimination at the structural level may reinforce discrimination within legally protected categories;
Amendment 7 #
2021/2243(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas intersectionality allows a perspective that accounts for intersecting grounds without prioritizing one over or against the other; whereas an intersectional approach caters to the multidimensionality of people’s experiences and identities and entails a bottom-up approach; whereas using an intersectionality approach in analysis and policies requires that we think differently about identity, equality and power imbalances;
Amendment 12 #
2021/2243(INI)
Draft opinion
Recital B
Recital B
B. whereas the precarious situation faced by migrant domestic workers is an example where the intersectionality of race, gender, socioeconomic status and nationality is visible; whereas the structural inequalities and social exclusion that Romani communities experience aggravates the intersectional discrimination that Roma women face; whereas the racism and sexism that Muslim women endure is another example where intersectional discrimination is visible; whereas trans women, in particular Black trans women or trans women of colour, contend with multiple marginalisations; whereas the intersectional discrimination that women with disabilities suffer from puts them in a more vulnerable position to be subject to social exclusion, poverty and violence;
Amendment 19 #
2021/2243(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the intersectionality of gender and poverty with other grounds is a recurring factor in cases of gender- based violence;
Amendment 21 #
2021/2243(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas criminal justice systems and law enforcement should take into account an intersectional approach in their practices and decisions to avoid exacerbating discrimination, poverty and exclusion, which could have a detrimental impact particularly on women in all their diversity from vulnerable groups;
Amendment 26 #
2021/2243(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas social biases and structural inequalities are integrated into new technologies, including AI, and this is a matter of concern;
Amendment 37 #
2021/2243(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Urges the EU institutions to address intersectional forms of discrimination in EU anti-discrimination and gender equality legislation and policies and to apply an intersectional approach in all EU policies and legislation;
Amendment 44 #
2021/2243(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the importance of taking into account the specific experience of women in all their diversity victims of intersectional discrimination in the design, implementation and evaluation of asylum, migration and integration policies; calls on the Commission and the Member States to mainstream an intersectionality perspective in order to take into account the diversity and heterogeneity of groups in vulnerable situations when designing and implementing policies and measures;
Amendment 47 #
2021/2243(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that the meaningful participation at all policy levels of women in all their diversity facing intersectional discrimination is crucial to understand the multidimensionality of their experiences and the specific forms of discrimination they are subject to; calls on the Commission and the Member States to ensure the involvement of the individuals concerned in the design and implementation of an intersectionality perspective and make sure that their voices are heard;
Amendment 49 #
2021/2243(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 51 #
2021/2243(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Stresses that the intersecting forms of discrimination that Roma women face are mainly on the grounds of race, gender and class and their vulnerable situation is aggravated by the structural inequalities, social exclusion and violence that Romani people experience; underlines that Muslim women suffer from the same inequalities as other women but real or perceived factors such as religion or ethnicity deepen the intersectional discrimination that they suffer from; expresses concern that Muslim women wearing religious dress are more prone to experience discrimination and hate crime;
Amendment 52 #
2021/2243(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Points out that the intersectionality of disability and gender with other grounds remains particularly invisible and women with disabilities in all their diversity are often subject to harassment and violence; underlines the importance of having disability-sensitive policies with an intersectional approach;
Amendment 53 #
2021/2243(INI)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Deeply regrets the lack of an intersectional dimension in the new EU’s New Pact on Migration and Asylum which reinforces a gendered and racialized distinction between migrants and asylum seekers who are allowed international protection and assistance and those who are not;
Amendment 54 #
2021/2243(INI)
Draft opinion
Paragraph 2 f (new)
Paragraph 2 f (new)
2f. Stresses that migrant women are more vulnerable to physical abuse; recalls that undocumented migrant women are even in a more vulnerable condition due to their legal status, they are unable to reach to the police or hospitals or shelters for help and their abuser knows this and exploits this situation;
Amendment 55 #
2021/2243(INI)
Draft opinion
Paragraph 2 g (new)
Paragraph 2 g (new)
2g. Underlines that the vulnerable conditions that migrant women workers are exposed to, including migrant domestic workers, is accentuated by the multiple intersections of discrimination that they face; stresses that these women may often be subject to violence given their disadvantaged situation; recalls that the failure to protect the rights of women migrant workers has profound implications on them, including their ability to access opportunities, resources and jobs under equality of circumstances with others;
Amendment 56 #
2021/2243(INI)
Draft opinion
Paragraph 2 h (new)
Paragraph 2 h (new)
2h. Stresses that undocumented women in particular are often the victims of precarious, isolated or unhealthy working conditions, are very often employed below their education level, in some cases experience abuse and violence, and are prevented by extreme dependency on their employers from asserting their fundamental and labour rights; calls on the Member States and the social partners to help undocumented women be brought within the legally established systems, thereby enabling them to better exercise their rights;
Amendment 57 #
2021/2243(INI)
Draft opinion
Paragraph 2 i (new)
Paragraph 2 i (new)
2i. Urges the Commission and the Member States to ensure the enforcement of existing EU anti-discrimination and gender equality legislation and to launch infringement proceedings if Member States do not transpose or fully implement legislation;
Amendment 58 #
2021/2243(INI)
Draft opinion
Paragraph 2 j (new)
Paragraph 2 j (new)
2j. Recalls that new technologies, including AI, can exacerbate and compound existing inequalities and discrimination; further recalls the widespread evidence of the potential risks of these technologies for women in all their diversity facing intersectional discrimination, in particular racialized women; highlights the need to address the potential risks of new technologies, including AI, not as a technological, but as a societal problem; calls on the Commission and the Member states to ensure that AI systems are guided by the principles of transparency, explainability, fairness, and accountability and that independent audit are put in place to prevent that these systems exacerbate discrimination, racism, exclusion and poverty;
Amendment 63 #
2021/2243(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on forthcoming presidencies of the Council to make equal treatment and the fight against discrimination a key priority and to adopt without delay the Anti-Discrimination Directive without lowering the standards; stresses that this directive presents a unique opportunity to address intersectional discrimination in fields other than employment and occupation;
Amendment 65 #
2021/2243(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that stereotypes and social biases can be a fertile ground for discrimination and gender-based violence; recalls the urgency to address all forms of gender-based violence and welcomes, in this regard, the Commission proposal to combat gender-based violence which includes provisions on intersectionality;
Amendment 66 #
2021/2243(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Highlights the importance of raising awareness about intersectional discrimination; calls on the Commission and the Member States to promote trainings, particularly for practitioners including law enforcement officials and judges, and awareness-raising campaigns on intersectional discrimination and social biases; further calls on the Commission to prepare guidelines on how to detect and address cases of intersectional discrimination in EU institutions;
Amendment 73 #
2021/2243(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. CUnderlines that the collection of comparable and robust disaggregated equality data is indispensable to document discrimination and to tackle inequality holistically; considers that data should be published in a format that permits identification and analysis of multiple and intersecting discrimination; stresses that analysing data at subgroup level allows for understanding of multiple and intersecting inequalities; calls on the Member States to collect equality data disaggregated by gender, racial and ethnic origin, sexual orientation and identity based on voluntary participation, self-identification and informed consent, while protecting anonymity and confidentiality and respecting the key principles of data protection and fundamental rights.
Amendment 9 #
2021/2209(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that effective financial assistance in education is a prerequisite to eliminradicate poverty and enhance human well-being, especially at a time when public resources are increasingly constrained with competing demands in sectors heavily affected such as health and education;
Amendment 10 #
2021/2209(INI)
Draft opinion
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) Acknowledges that the COVID-19 crisis has made action on violence against children even more pressing; urges to take all appropriate measures to ban all forms of corporal punishment against children, and to explicitly condemn and commit to ending harmful practices, including child labour, child trafficking, gender-based violence, female genital mutilation, and early and forced child marriage;
Amendment 12 #
2021/2209(INI)
Draft opinion
Paragraph 1 – point 2 (new)
Paragraph 1 – point 2 (new)
(2) Calls on the Commission and the European External Action Service (EEAS) to promote a quality education in conflict or emergency situation that adheres to the minimum standards developed by the Inter Agency Network for Education in Emergencies (INEE);
Amendment 13 #
2021/2209(INI)
Draft opinion
Paragraph 1 – point 3 (new)
Paragraph 1 – point 3 (new)
(3) Calls on the Commission and the European External Action Service (EEAS) to support refugee-hosting countries in strengthening their local educational systems and assisting hosting communities to facilitate sustainable refugee inclusion;
Amendment 14 #
2021/2209(INI)
Draft opinion
Paragraph 1 – point 4 (new)
Paragraph 1 – point 4 (new)
(4) Stresses the importance to include the voices of children themselves in decisions that affect their access to quality, safe and inclusive education, in line with the EU Strategy on the Rights of the Child and its global dimension;
Amendment 20 #
2021/2209(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the importance of improving cosimpact analysis when selecting and monitoring education projects, of ensuring that projects last long enough to address children’sequately address learners’ educational needs, of avoiding excessive administrative burdens for implementing partners, and of addressing long-term sustainability in cash- for- education projects;
Amendment 21 #
2021/2209(INI)
Draft opinion
Paragraph 2 – point 1 (new)
Paragraph 2 – point 1 (new)
(1) Calls on the Commission to support third countries, both through bilateral and multilateral efforts, to make use of existing flexibilities in international law to enable digital access to materials for educational purposes, as well as to advance solutions that would enable cross-border use; believes that progress in these areas would reduce the administrative and financial burden on educators and schools in carrying out their missions.
Amendment 24 #
2021/2209(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to develop methodologies and guidelines that enhance the ability of its aid projects to reach girlall learners, particularly those who are at risk of being unable to access education such as girls and women, learners from disadvantaged backgrounds and with special educational needs, refugees, LGBTIQ+ people, learners living in rural and remote areas, and other marginalised groups by tackling barriers to quality, safe and inclusive education and training at all levels and by supporting the collection ofeffective monitoring of comparable data, disaggregated data, by gender and age, to better tailor responses to different subgroups of learners;
Amendment 27 #
2021/2209(INI)
Draft opinion
Paragraph 3 – point 1 (new)
Paragraph 3 – point 1 (new)
(1) Calls on the Commission and the European External Action Service (EEAS) to promote and support comprehensive sexuality education that is accessible, adapted and stigma-free for all children, adolescents and young people, in both formal and non-formal educational settings, including information on sexual and reproductive health services;
Amendment 29 #
2021/2209(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines that due to the pandemic, learners all over the globe have paid a heavy price in terms of learning and knowledge losses, which has been coupled with a severe methodology loss affecting the development of their critical thinking skills; calls therefore on the Commission and the European External Action Service (EEAS) to support national authorities in strengthening education systems both at national and regional level and investing in equality and skills for the future;
Amendment 31 #
2021/2209(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Recalls that teachers play a prominent role in education at all levels and they should be equipped and empowered, even with digital skills, through continuous training and through better recognition of the teaching profession; stresses the importance of improving working conditions and the need for educators and teachers to be adequately remunerated for their work;
Amendment 43 #
2021/2209(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for the acceleration of North- South and South-North knowledge exchanges and mobility at all levels of education, while acknowledging the complex nature of the history of North- South relationship between and within countries and regions and emphasisinges the importance of promoting heritage, cultural identity, historyteaching of contested history, cultural heritage and art through education;
Amendment 44 #
2021/2209(INI)
Draft opinion
Paragraph 5 – point 1 (new)
Paragraph 5 – point 1 (new)
(1) Recalls the importance of ensuring that digitalization leaves no child behind and calls on the Commission and the European External Action Service (EEAS) to cooperate closely with third countries and the private sector to enable broadband access and Internet-connected classrooms; calls for the inclusion of ICT and digital technology education in curricula, as well as the promotion of girls’ participation in STEAM subjects;
Amendment 45 #
2021/2209(INI)
Draft opinion
Paragraph 5 – point 2 (new)
Paragraph 5 – point 2 (new)
(2) Stresses the importance of developing and strengthening awareness- raising activities related to climate change, environmental protection, and their impact on children and future generations; calls to make environmental education a core curriculum component;
Amendment 47 #
2021/2209(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Draws attention to the need of harnessing the synergies between culture and education so as to shape sustainable, inclusive and resilient societies; in this regard, calls on the Commission and the European External Action Service (EEAS) to support national authorities in integrating arts and culture in school curricula and extra curricula activities so as to enrich the educational and learning experiences of learners in third countries;
Amendment 50 #
2021/2209(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the importance of vocational education and training, particularly for children in third countries, to help them find stable work for all learners; believes that access to vocational education and training for learners in third countries represents a fundamental additional choice, which would help them to successfully manage the transition into the labour market and give them and their families a reason to finish school.
Amendment 54 #
2021/2209(INI)
Draft opinion
Paragraph 6 – point 1 (new)
Paragraph 6 – point 1 (new)
Amendment 55 #
2021/2209(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Emphasises the significant role of non-formal and informal education as well as volunteering in acquiring crosscutting skills, which would enable learners to actively participate in society by developing their full potential personally and professionally; calls on the Commission and the European External Action Service (EEAS) to support the authorities of third countries in improving the recognition of competences gained through non-formal and informal education and in increasing cooperation between non-formal and informal organisations and schools;
Amendment 5 #
2021/2186(INI)
1. Expresses concern about the number of petitions setting out cases of discrimination; in this context, stresses that discrimination remains one of the most serious and unacceptable threats to fundamental rights and that it has no place in any aspect of life; regrets the fact that the proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426) (the ‘horizontal Anti-Discrimination Directive’) remains blocked in the Council, and urges the Council to unblock it; calls on the Commission to propose new additional anti- discrimination legislation; calls, therefore, on the Member States to effectively tackle every alleged case of discrimination and to deal with it in accordance with EU and national lawby enhancing their legal systems and adopt more robust measures in accordance with EU law and international human rights standards in order to ensure the highest levels of protection;
Amendment 7 #
2021/2186(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Emphasises that the COVID-19 pandemic showed severe gaps in the capacity and preparedness of healthcare, education, employment and social protection systems of Member States; strongly believes that Member States must greatly improve their healthcare, social welfare and social assistance systems to ensure they provide full support to everyone, and notably to those more vulnerable, even during a crisis, thereby adequately protecting health, economic and social rights of all;
Amendment 32 #
2021/2186(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Expresses its concern on the fact that the 2021 Rainbow Europe Map, ILGA-Europe’s annual benchmarking tool, highlighted the almost complete stagnation on human rights of LGBTIQ persons, notably concerning the recognition of family legislation across Europe; deplores the discrimination rainbow families and their children are still suffering in the EU, including being deprived of their rights on grounds of sexual orientation or gender identity, or sex characteristics of the parents or partners when exercising the fundamental right to freedom of movement within the EU;
Amendment 42 #
2021/2186(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the CommissionStrongly believes that the Commission must improve its overall approach to uphold the fundamental rights of refugees, asylum-seekers and migrants; emphasises that they are one of the most vulnerable groups in society and need support for their basic needs must be guaranteed; strongly regrets that pushbacks through any means have become the norm in several Member States and that the overall EU’s asylum and migration policy degenerated into national efforts to prevent people from entering the EU and isolate them upon their arrival; reiterates the urgent need to build a fair, effective and humane asylum policy in the EU and urges the Commission to step up efforts in this direction;
Amendment 44 #
2021/2186(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls onIs deeply concerned that the COVID-19 pandemic has exacerbated the already inhumane and undignified conditions faced by refugees and asylum- seekers, particularly by those who are in camps, and that little has been done to address their acute overcrowding and lack of healthcare, access to adequate water, sanitation and hygiene products; calls on Member States and the Commission to ensure specifically that all refugee camps and asylum-seekers accommodations and facilities meet their needs of refugees andand are adequate to provide them with a basic standard of living, thereby observing fully in line with the principle of respect for human dignity; calls on the Member States to work closely with the Commission and to strictly follow the Commission’s guidelines in order to ensure sufficient and with all other fundamental rights enshrined in the EU Charter of Fundamental Rights; urges Member States to work closely with the Commission in order to urgently adopt a real EU-wide migration and asylum policy based on the highest human-rights standards and a solidarity framework aimed at ensuring full protection of the fundamental rights of asylum seekers; and refugees;
Amendment 46 #
2021/2186(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Expresses its deep concern about the set of temporary measures adopted by the Commission to address the emergency situation at the EU's external border with Belarus which implicitly back the current practice of pushbacks at EU borders, thus leaving asylum seekers with no access to protection;
Amendment 47 #
2021/2186(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Notes with concern that persistent inequalities and the lack of successful policies to provide basic infrastructure and services widened the gap between Roma communities and the general population, including in education, and led to deteriorated conditions for Roma in crucial areas such as employment, healthcare and housing; regrets that the first EU Framework on National Roma Integration Strategies brought little overall progress; calls on the Commission and Member States to step up their efforts to ensure full equality, inclusion and participation of Roma at both EU and national levels;
Amendment 53 #
2021/2186(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Strongly criticises that some Member States did not fully and correctly transpose into national law the Council Framework Decision on Racism and Xenophobia; deplores that the provisions of the Racial Equality Directive are still not correctly implemented in all Member States;
Amendment 58 #
2021/2186(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Emphasises that the measures related to the COVID-19 pandemic adopted by many of the Member States have interfered with the rights and freedoms guaranteed by the Union’s legal order, such as the freedom of movement of persons, including travelling, working and studying within the EU and within countries, the freedom of expression and information, and the right to privacy and data protection, especially in relation to public health and measures taken in order to safeguard it; stresses that the measures taken to contain the pandemic must be in accordgrounded on a human-rights based approach and be necessary, based on law, temporary and proportional, ensuring full compliance with the rules and principles of the Charter;
Amendment 66 #
2021/2186(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Expresses its concern about several exceptional actions taken by the Member States to combat the impact of the COVID- 19 pandemic; calls on the Commission to monitor and assess the emergency measures put in place to deal with the pandemic in the light of the EU’s founding values as laid down in Article 2 of the Treaty on European Union, including fundamental rights, the rule of law and democracy; considers that the Commission must fully and transparently report back to the public the outcomes of all its assessments of such emergency measures adopted by Member States during the pandemic;
Amendment 79 #
2021/2186(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Points to the petitions related to the pandemic criticising travel restrictions, especially for couples living in different countries; highlights the importance of respect for, as well as those raising issues concerning the lack of adequate protection at work for workers in vulnerable situations and problems in getting the EU digital COVID certificate for persons recovered from Covid-19 infections; highlights the importance to timely address and solve all cases of non- compliance with EU law, ensuring the respect of the highest levels of health and safety in all work environments as well as of private and family life.
Amendment 81 #
2021/2186(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
Amendment 82 #
2021/2186(INI)
Draft opinion
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Deplores that during the pandemic, cases of violence against women and girls, and other forms of gender-based violence, increased alarmingly; believes that the EU must ratify the Istanbul Convention without further delay; strongly criticises those Member States still continuing to block the ratification process within the Council; is seriously concerned of the legal acts adopted in some Member States weakening women’s rights and gender equality; stresses the urgent need to strengthen the legal framework at national and EU levels to effectively address all situations of violence that millions of women in the EU suffer on a daily basis in order to ensure for them full protection; reiterates the EP call on the Commission to add gender-based violence in the list of EU crimes and urges the Commission to present a comprehensive Directive on gender-based violence that covers all forms of gender-based violence;
Amendment 84 #
2021/2186(INI)
Draft opinion
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Highlights that fundamental rights, democracy and the rule of law are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union; considers that the deliberate process of the rule of law backsliding in Poland and Hungary is seriously undermining citizens' capacity to fully enjoy their fundamental rights as set out in the Charter of fundamental rights of the European Union; expresses concern about the increasing rule of law and fundamental rights violations in some other Member States;
Amendment 86 #
2021/2186(INI)
Draft opinion
Paragraph 12 d (new)
Paragraph 12 d (new)
12 d. Is extremely alarmed about the use of surveillance technology to undermine human rights as brought to light by the recent revelations concerning the NSO Pegasus scandal confirming the spying of, inter alia, human rights defenders and journalists; highlights the paramount importance to adopt more effective national and international rules in this area in order to ensure full protection and safety for civil society organisations, human rights defenders, journalists and other individuals concerned from cyber surveillance and interference;
Amendment 87 #
2021/2186(INI)
Draft opinion
Paragraph 12 e (new)
Paragraph 12 e (new)
12 e. Points to the numerous petitions received denouncing environmental crimes, also with cross-border implications, related to, inter alia, illegal logging, illicit waste trafficking and dumping, wildlife trafficking and destruction provoking the worsening of biodiversity conditions and increased levels of deforestation, soil, water and air contamination; stresses the urgent need to strengthen the current EU legal framework, flawed by significant limitations and shortcomings, in order to ensure the highest levels of protection of citizens' health and of the environmental;
Amendment 1 #
2021/2181(INI)
Draft opinion
Recital -A (new)
Recital -A (new)
-A. having regard to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) of 18 December 1979;
Amendment 4 #
2021/2181(INI)
Draft opinion
Recital -A a (new)
Recital -A a (new)
-A a. having regard to the 2030 Agenda for Sustainable Development, adopted in September 2015, in particular goals 1, 4,5, 8 and 10 thereof;
Amendment 6 #
2021/2181(INI)
Draft opinion
Recital -A b (new)
Recital -A b (new)
-A b. having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘the Istanbul Convention’) of 11 May 2011,
Amendment 7 #
2021/2181(INI)
Draft opinion
Recital -A c (new)
Recital -A c (new)
-A c. having regards to the resolution of 16 September 2021 with recommendations to the Commission on identifying gender- based violence as a new area of crime listed in Article 83(1) TFEU,
Amendment 17 #
2021/2181(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. whereas women’s and girls’ human rights are still not guaranteed in many parts of the world and the space for civil society organisations, especially women rights, feminists and grassroots organisations is shrinking in many countries; whereas a worrying backlash against women’s and LGBTIQ+ rights is being observed throughout the world and involves limiting SRHR and banning sexuality education and gender studies;
Amendment 34 #
2021/2181(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Urges the High Representative, the Commission and the Council to be more vocal and specifically reject any further attempts at rolling back gains for women’s and LGBTQ+ rights, both in the EU and the world; Calls for the EU and the Member States to promote gender equality and SRHR in all their external actions, including in multilateral and bilateral forums;
Amendment 39 #
2021/2181(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Deplores the rise of violence against women and girls worldwide; calls for greater commitment, resources and targeted action to combat femicide; , which is the most extreme form of violence against women,
Amendment 44 #
2021/2181(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reiterates its call on the EU Member States that have not done so to urgently conclude the ratification of the Istanbul Convention and to negotiate the addition of gender-based violence to the crimes listed in Article 83(1) TFEU; calls on the Council and the Commission to ensure the full integration of the Convention into the future EU Directive to combat gender based violence; Is appalled by the decision of Turkey to withdraw from the Istanbul Convention and condemns the attempts in some States to revoke measures already taken in implementing the Istanbul Convention and in combating violence against women;
Amendment 60 #
2021/2181(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Condemns targeted violence against women and girls in situations of armed conflict; calls for decisive action to put an end to sexual violence as a weapon of war and raises awareness about the specific situation and discriminations experienced by war children; Calls on the EU to ensure that humanitarian assistance is gender sensitive and based on gender- responsive needs assessments that regularly consult civil society organisations and survey women, including those internally displaced;
Amendment 64 #
2021/2181(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls for the EU to take into account the gender-specific threats, needs and challenges faced by Women Human Rights Defenders (WHRD) and urges EU institutions to guarantee their access to specific protection mechanisms, as well as to provide political and increased direct financial support;
Amendment 66 #
2021/2181(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Condemns all forms of violence against LGBTIQ+ and gender non conforming people, including stigmatisation, arbitrary detention, torture, persecution and killings, so-called conversion therapy, genital mutilation and forced sterilisation and the incitement to violence against them;
Amendment 69 #
2021/2181(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Calls for implementation of the EU guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex persons and calls for the inclusion in the Gender Action Plan III of concrete targets to support the promotion of the rights of LGBTIQ+ people;
Amendment 99 #
2021/2181(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Highlights that LGBTIQ+ women face intersectional discrimination., migrant and racialized women, women with disabilities among others face intersectional discrimination; Calls for EU internal and external action to take into account intersecting identities and discriminations and to recognise that women and girls in all their diversity are not affected equally by gender inequalities as they are compounded by other levels of oppression;
Amendment 102 #
2021/2181(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls on the EU institutions and Member states to commit to advance towards a feminist foreign and security policy that entails a gender transformative vision and to ensure that all goals and commitments of the Gender Action Plan III are fully implemented by Member States, EU delegations and all EU institutions;
Amendment 104 #
2021/2181(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Stresses that the harmful effects of climate change and ecosystem degradation are being borne disproportionately by the poor, notably women and youth, as well as by indigenous people and other natural resource-dependent communities and calls the EU to commit towards gender transformative climate actions;
Amendment 40 #
2021/2180(INI)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
— having regard to the report of the Committee on Legal Affairs and the Committee on Civil Liberties, Justice and Home Affairs on strengthening democracy and media freedom and pluralism in the EU: the undue use of actions under civil and criminal law to silence journalists, NGOs and civil society(2021/2036(INI)),
Amendment 95 #
2021/2180(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the rights to freedom of expression, to information and to public participation, are among the cornerstones of democracy;
Amendment 98 #
2021/2180(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Amendment 101 #
2021/2180(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas Strategic Lawsuits Against Public Participation (SLAPPs)are lawsuits or other legal actions (e.g. injunctions, asset-freezing) brought forward by private individuals and entities, and also by public officials, public bodies and publicly controlled entities, directed at one or more individuals or groups, using a variety of legal bases mostly in civil and criminal law, as well as the threats of such actions, with the purpose of preventing investigation and reporting on breaches of Union and national law, corruption or other abusive practices or of blocking or otherwise undermining public participation;
Amendment 105 #
2021/2180(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Amendment 107 #
2021/2180(INI)
Motion for a resolution
Recital D e (new)
Recital D e (new)
De. whereas SLAPPs can be a tool to reduce media pluralism at the systemic level by exercising a chilling effect on independent media;
Amendment 108 #
2021/2180(INI)
Motion for a resolution
Recital D f (new)
Recital D f (new)
Df. whereas victims and targets of SLAPP covers journalists, publishers and media organisations, academics, NGOs, civil society and other actors engaging in public participation, such as those working on human rights and environmental issues;
Amendment 186 #
2021/2180(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that in some circumstances, Member States deliberately resorted to measures which question the principle of the rule of law, such as legislation adopted in fast track procedures without public consultations or even, in exceptional cases, constitutional changes as a way to legitimise discriminatory policies that could otherwise not be legislated upon, such as provisions that specifically aim at LGBTIQ persons; recalls the Member States have a responsibility towards citizens in condition of vulnerability and should provide them with safety and protection from discrimination;
Amendment 192 #
2021/2180(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the annual report should identify cross-cutting trends at EU level; asks the Commission to identify instances where certain measures or practices that undermine the rule of law in one Member State become blueprints for others, or when the gravity and scope of such deficiencies have the potential to affect the Union as a whole; highlights that the intentional targeting of certain minority groups’ rights in some Member States have created and established a momentum elsewhere, as can be evidenced by backtracking on the rights of women and LGBTIQ persons.
Amendment 229 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that recent revelations such as the NSO Pegasus scandal confirm that spying against human rights defenders, journalists and political opponents, among others, is an extremely alarming matter and appear to confirm the dangers of the misuse of surveillance technology by Member States to undermine the Rule of law and human rights;
Amendment 230 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Points out that several Member States have long-lasting problems regarding the composition of their councils of the judiciary and appointment of judges, which are too often vulnerable to political interference; insists that Member States must fully comply with EU and international law regarding judicial independence;
Amendment 247 #
2021/2180(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines its concern at the fact that women and people in vulnerable situations, including persons with disabilities, children, religious minorities, particularly at a time of rising antisemitism and anti-Muslim hatred in Europe, Romani people and other persons belonging to ethnic and linguistic minorities, migrants, asylum seekers, refugees, LGBTI+Q persons and elderly people, continue to see their rights not being fully respected across the Union; emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights and minority rights; recalls its recommendation from 2020 for future reports to assess the effect that hate crime and hate speech have on discrimination;
Amendment 253 #
2021/2180(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the infringement procedures initiated by the Commission against Hungary and Poland as part of the July 2021 infringement package concerning the respect for the human rights of LGBTIQ persons and breaches of EU law, which constitute the first time the Commission has specifically initiated infringements to safeguard their rights;
Amendment 258 #
2021/2180(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Points out that strategic lawsuits against public participation (SLAPPs) not only severely undermine the right of effective access to justice of SLAPP victims, and thereby the rule of law, but also constitute a misuse of Member States’ justice systems and legal frameworks, especially by hampering the ability of Member States to successfully address existing challenges, such as the length of proceedings and the quality of justice systems, as well as caseload administration and case backlogs;
Amendment 259 #
2021/2180(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13e. Deplores the fact that, in some Member States, freedom of expression, freedom of the arts and freedom of assembly are severely curtailed and restricted; recalls that many artists, journalists or activists have received and continue to receive heavy fines, long periods of exclusion from the public sector or have even been imprisoned or went to exile due to the existence of unjust national laws that criminalise, silence and restrict freedom of expression and freedom of the arts; calls on the Commission to assess the misuse of justice systems in the annual report;
Amendment 268 #
2021/2180(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that the exercise of fundamental freedoms, including the right to be critical in public, is an element of a free and democratic society; notes that strategic lawsuits against public participation (SLAPPs) require a legislative European response that ensures the respect for democracy and fundamental rights and, inconsequence, also the rule of law; welcomes the Commission’s commitment to propose a directive against abusive litigation targeting journalists and rights defenders, emphasising that the scope must be comprehensive enough to encompass all those who are rights defenders, including individual activists;
Amendment 357 #
2021/2180(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the importance of the Rule of Law Conditionality Regulation where breaches of the principles of the rule of law affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union; considers that the annual report is the most appropriate place to have a dedicated section and conduct a relevant analysis; urges the Commission to launch the procedure enshrined in Article 6(1) of that regulation at least in the cases of Poland and Hungary; calls on the Commission to explore the full potential of the Common Provisions Regulation and the Financial Regulation to protect the rule lawdemocracy, fundamental rights and the rule law, thereby ensuring that EU funds are not used for initiatives which are not in compliance with EU values;
Amendment 361 #
2021/2180(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Is concerned about the Commission’s 2021 Rule of Law report’s findings that, in some countries, the state- sponsored harassment and intimidation of the LGBTIQ organisations affects their ability to access funding; calls on the Commission to assess the issue more closely and to ensure through the necessary means that the non- discrimination principle governing access to EU funds is fully complied with everywhere in the EU; considers that these findings reinforce the long-standing position of the Parliament that the scope of the Rule of Law report should be broadened to include all Article 2 TEU values;
Amendment 365 #
2021/2180(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Is concerned by the persistent failure by some Members States to implement CJEU judgements, which contribute to the erosion of the rule of law; calls on the Commission to report on the respective country chapters about the implementation of judgements by Member States in cases of partial or lack of implementation; encourages the Commission to engage with authorities in order to find suitable solutions for complete implementation and to update the information on an annual basis; recalls that the failure by Romania to implement the Coman & Hamilton judgement1a resulted in the plaintiffs having to resort to the ECtHR for redress; _________________ 1a Judgment of the Court (Grand Chamber) of 5 June 2018 (C-673/16), Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne.
Amendment 10 #
2021/2103(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to the Statement of the Commissioner for Human Rights of the Council of Europe of 16 May 2019 titled ‘Let’s defend LGBTI defenders’,1a _________________ 1a https://www.coe.int/en/web/commissioner/ -/let-s-defend-lgbti-defenders
Amendment 49 #
2021/2103(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the situation of LGBTI rights defenders in Europe was described as worrying by the Commissioner for Human Rights, who reported several instances of online and offline harassment, violent assaults, hate campaigns and death threats in Member States and neighbourhood countries; whereas this trend is interlinked with the scapegoating of other minority groups and it contravenes the principle that every person is born equal in dignity and rights;
Amendment 97 #
2021/2103(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that for civil society organisations to thrive, civic space must be an enabling and safe environment free from undue interference, intimidation, harassment and chilling effects, such as SLAPPs, incitement to hatred and/or violence against rights defenders and organisations, and the creation of legal or administrative hurdles affecting their daily operations;
Amendment 130 #
2021/2103(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that the scapegoating of minorities and vulnerable groups such as women and LGBTI persons is not an isolated event, but functions as a premeditated and gradual dismantling of fundamental rights, which are protected in Article 2 TEU, constituting part of a larger political agenda which has been called ‘anti-gender’ campaigns; calls on Member States to be particularly cautious of initiatives that attempt to roll-back on acquired rights which were designed to prevent and protect persons from discrimination and to promote equality;
Amendment 185 #
2021/2103(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Restates that no proper response has yet been given to Parliament’s initiative on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights to be governed by an interinstitutional agreement between Parliament, the Commission and the Council; calls on the Commission and the Council to immediately enter into negotiations with Parliament on an interinstitutional agreement pursuant to Article 295 TFEU; recalls that the monitoring of civic space is deeply linked with democracy and fundamental rights, and that a mechanism to monitor Article 2 TEU values is the best tool for a holistic approach in such respect;
Amendment 1 #
2021/2036(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Highlights that the fundamental rights to freedom of expression, the right to receive information and the right to public participation are essential to a healthy democracy; expresses serious concern about the shrinking space for civil society organisations, and the threat to journalists, human rights defenders and others – who communicate on important matters within the public interest that are critical of powerful members of society, and the growing use of strategic lawsuits against public participation as a way to silence and intimidate independent media and journalists, civil society organisations, rights defenders, activists, whistle blowers, academics, artists and sexual assault and domestic violence survivors
Amendment 1 #
2021/2036(INI)
Motion for a resolution
Citation 2
Citation 2
— having regard to the Treaty on the Functioning of the European Union (TFEU) and in particular Articles 50, 56, 70, 81, 82, 114 and 352 thereof,
Amendment 2 #
2021/2036(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 11, 12, 15, 47, 48 and 54 thereof,
Amendment 4 #
2021/2036(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law 2a, _________________ 2a OJ L 305, 26.11.2019, p. 17
Amendment 7 #
2021/2036(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that an independent, impartial, professional and responsible media is a key pillar of democracy; expresses serious concerns about the situation in some Member States whereby media laws allow for greatend related regulatory and administrative practices allow for political interference;
Amendment 7 #
2021/2036(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to its resolution of 13 February 2019 on experiencing backlash in women’s rights and gender equality in the EU 1a, _________________ 1a Texts adopted, P8_TA(2019)0111
Amendment 8 #
2021/2036(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
— having regard to its resolution of 11 March 2021 on the declaration of the EU as an LGBTIQ Freedom Zone 1b, _________________ 1b Text adopted, P9_TA(2021)0089
Amendment 9 #
2021/2036(INI)
Motion for a resolution
Citation 23 b (new)
Citation 23 b (new)
— having regard to its resolution of 19 May 2021 on the effects of climate change on human rights and the role of environmental defenders on this matters 1c, _________________ 1c Text adopted: P9_TA(2021)0245
Amendment 10 #
2021/2036(INI)
Motion for a resolution
Citation 26 a (new)
Citation 26 a (new)
— having regard to LGBTIQ Equality Strategy (2020-2025) (COM(2020)698),
Amendment 11 #
2021/2036(INI)
Motion for a resolution
Citation 27
Citation 27
— having regard to the Commission communication of 30 September 2020 on the 2020 Rule of Law Report – the rule of law situation in the European Union (COM(2020)0580), and its 27 accompanying country chapters on the rule of law in the Member States(SWD(2020)0300-0326),
Amendment 12 #
2021/2036(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
— having regard to the Commission communication ‘A Union of Equality: Gender Equality Strategy 2020-2025’,
Amendment 13 #
2021/2036(INI)
Motion for a resolution
Citation 27 b (new)
Citation 27 b (new)
— having regard to LGBTIQ Equality Strategy (2020-2025) (COM(2020)698),
Amendment 14 #
2021/2036(INI)
Motion for a resolution
Citation 27 c (new)
Citation 27 c (new)
— having regard to the study entitled “SLAPP in the EU context” of 29 May 2020 by Petra Bárd, Judit Bayer, Ngo Chun Luk and Lina Vosyliute 1d, _________________ 1d https://ec.europa.eu/info/sites/default/files /ad-hoc-literature-review-analysis-key- elements-slapp_en.pdf
Amendment 15 #
2021/2036(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is concerned that the current COVID-19 pandemic not only continues to have a significant negative impact on public health, social welfare and the economy, but also entails a serious threat to media freedom; warns that governments across the world could useare using the coronavirus emergency as an excuse to implement draconian new restrictions on freedom of expression and tighten media censorship; calls on the Commission to mobilise funds to encouragconduct an audit of government restrictions on media freedoms introduced under the panti-corruption investigative journalismdemic and call for a full roll-back of these restrictions to the pre-pandemic status;
Amendment 16 #
2021/2036(INI)
Motion for a resolution
Citation 32 a (new)
Citation 32 a (new)
— having regard to the info note of the UN Special Rapporteur on the rights to Freedom of Peaceful Assembly and of Association on SLAPPs and FoAA rights,
Amendment 18 #
2021/2036(INI)
Motion for a resolution
Citation 36 a (new)
Citation 36 a (new)
— having regard to the Council of Europe Commissioner for Human Rights ‘Human Rights Comment: Time to take action against SLAPPs’ issued on 27 October 2020,
Amendment 20 #
2021/2036(INI)
Motion for a resolution
Citation 36 b (new)
Citation 36 b (new)
Amendment 21 #
2021/2036(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that Reporters Without Borders1 argue that the next decade will be crucial for ensuring the preservation of media freedom, as it is often threatened by the rise of populist governments; calls on the Member States and the Commission to enforce a legal framework to protect journalists and their sourcesguarantee media pluralism, ensure full transparency of media ownership, protect media from discriminatory regulatory and market practices and political interference. It further calls for funding mechanisms to support public interest media and investigative journalism that challenges corruption; _________________ 1 2020 World Press Freedom Index.
Amendment 25 #
2021/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas independent and quality journalism, ands well as access to pluralistic information are key pillars of democracy; whereas a vibrant civil society is essential for any democracy to thriveand the right to public participation are essential for any democracy to thrive; whereas human rights and environmental defenders have a crucial role to reach the environmental objectives set by the European Union; whereas no one shall be persecuted or harassed in any way for their involvement in activities to protect human rights or the environment; whereas independent journalism, civil society organizations, human rights and environmental defenders play a crucial role in holding power to account and performing their functions as watchdogs for democracy and the rule of law;
Amendment 30 #
2021/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive and the shrinking of the space available for civil society work can negatively impact democracies;
Amendment 37 #
2021/2036(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. Whereas the shrinking space for civil society is an increasingly concerning issue in the Union, and disproportionately affects journalists, academics, NGOs, human rights and environmental defenders who are working on environmental issues, increasingly questioning their role as public watchdogs; whereas in recent years, environmental defenders have been subjected to ever increasing incidences of killings, threats, harassment, intimidation, smear campaigns, criminalisation and judicial harassment;
Amendment 41 #
2021/2036(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas public participation lies at the heart of the very notion of democracy, and can express itself in a variety of behaviours of a natural or legal person directed at engaging on a matter of public interest; whereas public participation could include the exercise of public scrutiny and public information, such as journalistic communications, publications or works, including editorial content, communications, publications or works of a political, scientific, academic, artistic, commentary or satirical nature including when those concerned are, among others, figures open to public scrutiny, in the context of broader interests in open discussion of political issues; whereas public participation include actions and activities resulting from the exercise of the right to freedom of expression and of information, the right to freedom of association and peaceful assembly, the right to good administration and the right to an effective remedy;
Amendment 44 #
2021/2036(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is concerned about the increase in online hate speech, notably against freedom of the press and freedom of expression; stresses the need for better cooperation between authorities andindependent media and journalists, civil society organisations, rights defenders, activists, whistleblowers, artists, and academics, especially those from marginalised groups including women, racialised people, LGBTIQ+ people and people with disabilities as well as others which has a significant psychological impact on those affected and creates a chilling effect and threatens freedom of expression and freedom of the press; stresses the need for authorities to act against threats of violence and to work to ensure that online platform service providers in order to combateffectively address hate speech, without destabilisingimpinging on the freedom of the press and the fundamental right to freedom of expression;
Amendment 53 #
2021/2036(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions (e.g. injunctions, asset-freezing) based on a variety of legal bases mostly of civil and criminal law, as well as the threats of such actions, with the purpose of preventing reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking acts of public participation, including investigating and reporting on breaches of Union and national law, corruption or other fraudulent practices, promoting democratic debate or engaging in advocacy or activism including through the exercise of civil liberties such as freedom of association, freedom of peaceful assembly and freedom of expression, of information and of assembly ;
Amendment 54 #
2021/2036(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to guarantee that the public service media is free from censorship and political influence; invites the Member States, in this regard, to establish the necessary regulatory frameworks to monitor media ownership and ensure full transparency;that supervisory boards are appointed by qualified non-partisan individuals that will act in the public interest and not that of any one political party or ideology.
Amendment 60 #
2021/2036(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions (e.g. injunctions, asset-freezing) based on civil and criminal law, as well as the threats of such actions, with the purpose of preventing reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participation; and freedom of expression and of assembly
Amendment 62 #
2021/2036(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas targets of SLAPPs can be sued for expressing critical views on the behaviour, or denouncing wrongdoings, of corporates or authorities through publications, leaflets, artworks or other online or offline forms of expression, or in retaliation for their involvement in campaigns, judicial claims, actions or protests; whereas journalists, media outlets, bloggers, civil society organizations, NGOs, rights defenders, whistleblowers, campaigners, academics, demonstrators, activists and artists are bigger targets to SLAPPs; whereas this situation severely undermines democratic public participation;
Amendment 69 #
2021/2036(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Encourages the Member States to introduce effective measures to ensure better protection for the personal safety of journalists, in particular investigative journalists. including through the development and facilitation of international networks with the goal of connecting and protecting those in the media;
Amendment 73 #
2021/2036(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Emphasises the importance of education regarding media pluralism, democracy and SLAPPs in sensitising the public and legal professionals, in particular judges and lawyers, to the issue; Calls on the Commission and Member States to develop public awareness campaigns and specialised training for legal professionals; Urges the Commission to create an emergency fund for victims of SLAPPs;
Amendment 74 #
2021/2036(INI)
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society and NGOspublic watchdogs and other actors engaging in public participation, including journalists, academics, civil society organizations, NGOs and activists, human rights and environmental defenders and whistleblowers , as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming cases against independent journalists and media include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis, and the Slovenian investigative news outlet Necenzurirano recently hit by a barrage of 39 lawsuits;
Amendment 83 #
2021/2036(INI)
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society andhuman rights defenders and civil society organisations, including NGOs, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming cases include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis;
Amendment 85 #
2021/2036(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the LGBTIQ Equality Strategy acknowledges that civil society organisations protecting and advancing the rights of LGBTIQ people increasingly report that they face hostility, coinciding with the rise of the anti-gender (and anti- LGBTIQ) movement; whereas LGBTI activists are often the targets of defamation campaigns due to their advocacy work for LGBTI equality; whereas Polish activists such as the ‘Atlas of Hate’ group and the creator of the ‘LGBT-free zone’ photo project (Bart Staszewski) are currently facing several SLAPP cases and are liable for dozens of thousands of euros if they lose them;
Amendment 86 #
2021/2036(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas SLAPPs against civil society, journalists and human rights defenders often serve the purpose of harassing them and their activities, often causing them to consider whether to continue exercising their freedom of expression or to instead exercise self- censorship and restraint in order to avoid legal repercussions; whereas many civil society organisations, including NGOs, journalists and human rights defenders may consider the trade-off to be too costly and instead opt for self-censorship; whereas this illustrates the ‘chilling effect’ SLAPPs have on those seeking to exercise rights freely;
Amendment 87 #
2021/2036(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas according to a recent study on SLAPP in the EU commissioned by the Commission, SLAPPs are increasingly used across the EU to target NGOs, activists and rights defenders, including environmental activists and LGBTQI rights defenders; whereas journalists, human rights defenders and civil society organizations are facing an increasingly hostile environment; whereas examples of SLAPPs include cases in the fields of civil rights, environmental interests, land use rights, urban and suburban development, as well as animal welfare, among others;
Amendment 92 #
2021/2036(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Amendment 95 #
2021/2036(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas the objective of the SLAPPs is not to bring justice but rather to impose a burden on critical voices by discouraging and silencing them, and to exert a chilling effect on other potential critics; whereas SLAPPs are deliberately initiated with the intent to make the litigation expensive, long-lasting and complicated for the defendants, which include the purpose of intimidating and draining the financial and psychological resources of their targets; whereas SLAPPs not only have a detrimental impact on victims, but also on their families;
Amendment 99 #
2021/2036(INI)
Motion for a resolution
Recital D
Recital D
D. whereas SLAPPs within the Union are often cross-border in nature, which results in reporting delays as illustrated in many cases, often relating to cases of human rights and environmental protection, financial fraud and/or corruption, where they constitute a clear attempt to delay publication of information by halting or discrediting the work of individual journalists and publishing entities, hence depriving citizens of their right to information; whereas SLAPPs and SLAPPs threats may be brought against watchdogs within the Union also by claimant established in third countries;
Amendment 105 #
2021/2036(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Whereas in recent years online hate speech has become increasingly widespread against journalists, NGOs, academics and civil society organisations, human rights defenders, including those defending women’s rights, gender equality and LGBTQI rights, thus threatening media freedom, freedom of expression and of association, and can have a chilling effect; recalls that online hate speech is often spilled over into reality offline; stresses that hate speech is rooted in social biases and stereotypes, and highlights that they are the result of systemic and social discrimination, including gender, racial and economic discrimination, patriarchal structures and the unequal distribution of power in society, which are reproduced and magnified online and result in more extreme consequences for some individuals and groups in vulnerable situations;
Amendment 121 #
2021/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that SLAPPs are a direct attack on the exercise of fundamental rights and freedoms; underlines that fundamental rights and democracy are linked to upholding the rule of law, and that undermining media freedom and public democratic participation, including freedom of expression and of information, media freedom and the rights to peaceful assembly and associpation threatens Union values as enshrined in Article 2 of the TEU; welcomes the fact that the 2020 rule of law report includes SLAPP lawsuits in its assessment of media freedom and pluralism across the Union, and points to concrete measures and best practices in countering them; calls foron the annual report to includeCommission to include in the 2021 and subsequent rule of law reports a thorough assessment of the legal environment for the media, and investigative journalism in particular, and to look more thoroughly at challenges affecting civil society such as the chilling effect on public democratic participation, including as regards SLAPPs targeting NGOs, activists and rights defenders, and include relevant indicators in order to measure progress;
Amendment 128 #
2021/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that SLAPPs are a direct attack on the exercise of fundamental rights and freedoms; underlines that fundamental rights and democracy are linked to upholding the rule of law, and that undermining freedom of expression, freedom of assembly, media freedom and public democratic participation threatens Union values as enshrined in Article 2 of the TEU; welcomes the fact that the rule of law report includes SLAPP lawsuits in its assessment of media freedom and pluralism across the Union, and points to best practices in countering them; calls for the annual report to include a thorough assessment of the legal environment for the media, and investigative journalism in particular as well as the chilling effect that SLAPPs can have on civil society, human rights defenders and activists;
Amendment 134 #
2021/2036(INI)
1 a. Underlines that SLAPPs are, in essence, attempts to abuse the law and the courts to undermine the right of individuals or organisations to engage in public participation by expressing their views on issues of public interest; is deeply concerned about the severe chilling effect on democratic debate and participation that SLAPPs have;
Amendment 137 #
2021/2036(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses that public participation is the bedrock on which democracy rests, it ensures public scrutiny and better decision-making by holding power account; points out that public participation can be expressed in a variety of behaviours of a natural or legal person directed at engaging on a matter of public interest which can include the exercise of public scrutiny and public information, including actions and activities resulting from the exercise of the right to freedom of expression and of information, the right to freedom of association and peaceful assembly, the right to good administration and the right to an effective remedy;
Amendment 142 #
2021/2036(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Expresses serious concern about the shrinking space for civil society organisations, and the threat to journalists and human rights defenders, who communicate on important matters within the public interest that are critical of powerful members of society, and the growing use of SLAPPs as a way to silence and intimidate independent media and journalists, civil society organisations, human rights defenders such as women’s and LGBTIQ+ rights defenders, activists such as environmental activists, whistleblowers, academics and artists;
Amendment 143 #
2021/2036(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Recalls that the States’ positive obligation to facilitate the exercise of the rights of freedom of expression, peaceful assembly and association includes the duty to establish and maintain a favorable environment for public participation and public watchdogs; stresses the importance that public watchdogs, civil society actors and other actors engaging in public participation are able to operate freely, without fear that they may be subjected to any threats, acts of intimidation or violence;
Amendment 151 #
2021/2036(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that public participation also has an important role to play in the proper functioning of the internal market, as it is often through public participation that breaches of Union law, including fundamental rights, corruption and other practices threatening the proper functioning of the internal market are made known to the public;
Amendment 154 #
2021/2036(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that SLAPPs cases, or the threat of SLAPPs, runs counter the objective of freedom of establishment and the free movement of services, as it has a ‘chilling effect’ notably on journalists that might exercise self-censorship instead of reporting on matters of public interest occurring in other Member States, risking then to face SLAPPs in different and unknown legal systems;
Amendment 156 #
2021/2036(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Considers to this end that, by contributing to the enforcement of Union law, enhancing the legal protection of rights under Union law, safeguarding the effectiveness of Union law, facilitating the enjoyment of internal market freedoms and preserving the effective functioning of national justice systems and of the common space of judicial cooperation, protection from abusive SLAPPs lawsuits would substantively contribute to the proper functioning of the internal market;
Amendment 157 #
2021/2036(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Highlights that although Directive (EU) 2019/1937 (the ‘Whistleblower Directive’) grants a certain level of protection to natural persons who provide confidential advice to whistleblowers, known as ‘facilitators’, such as journalists or any other intermediaries, such protection needs further regulatory clarification, in order to cover circumstances where journalists need protection going beyond the mere risk of reprisals and act independently and outside the scope of the Whistleblower Directive; further emphasizes that legal persons, such as NGOs, are not covered by the Whistleblower Directive;
Amendment 159 #
2021/2036(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that SLAPPs constitute a misuse of Member States’ justice systems and legal frameworks, especially for successfully addressing ongoing common challenges outlined in the Justice Scoreboard, such as the length of proceedings and the quality of justice systems, as well as caseload administration and case backlogs; recalls that a properly functioning and independent justice system delivers judgements without undue delay, and manages judicial resources so as to maximise efficiency, and that this is only possible where judges and judicial bodies perform their duties with complete independence and in an impartial manner and are not burdened with the handling of claims that are later on dismissed as abusive and lacking in legal merit;
Amendment 164 #
2021/2036(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that judicial independence is integral to judicial decision-making and is a requirement resulting from the principle of effective legal protection set out in Article 19 of the TEU; recalls the concerns voiced in the Commission 2020 rule of law report regarding the independence of the judiciary in several Member States and condemns the efforts of the governments of some Member States to weaken the separation of powers and the independence of the judiciary, as well as to use SLAPPs to silence critical voices;
Amendment 166 #
2021/2036(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that the current disparity of protection deriving from the multiple sets of rules applicable in the Member States has detrimental consequences for the proper functioning of the common space of judicial cooperation established by Union law; stresses indeed that, in most SLAPPs cases, the cross-border elements are taken advantage of for forum shopping, in order to select the jurisdiction where the likelihood of achieving the desired result is the greatest; insists additionally on the fact that the absence of harmonized protection affects mutual trust and impacts on the recognition and enforcement of judgments between Member States;
Amendment 169 #
2021/2036(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Highlights that the purpose of SLAPPs is not to produce a judgment in favour of the claimant, but to use litigation or the threat of litigation to silence or coerce the respondent into acting in a manner which they might not otherwise accept; underlines the great imbalance of power between the parties where one has the resources and capacity to effectively silence the other through litigation techniques which magnify legal costs and the psychological and economic burden of prolonged proceedings; is concerned that the imbalance of power and resources between the parties undermines the right to a fair trial and to an effective remedy, and recalls that SLAPPs represent in essence an abuse of justice systems;
Amendment 171 #
Amendment 172 #
2021/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 177 #
2021/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that in recent years online hate speech has become increasingly widespread against journalists, NGOs, academics and, civil society organisations, including NGOs, and human rights defenders, including those defending LGBTQIQ rights, thus threatening media freedom, freedom of expression and assembly, as well as public safety given that online hate speech can incite real-worldoffline violence;
Amendment 188 #
2021/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated, often abusive claims, and that they are not initiated for the purposes of obtaining a favourable judicial outcome but rather only to intimidate, harass, tire out, put psychological pressure on or consume the financial resources of journalists, academics, civil society and NGOs, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itselfpublic watchdogs and other actors engaging in public participation, including journalists, academics, civil society organizations, NGOs and activists, human rights and environmental defenders, and whistleblowers, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; stresses that SLAPPs cause not only a financial burden but also bear dire psychological consequences for their targets as well as their family members, aggravated by the fact that the latter may also inherit those abusive proceedings upon the target’s death, as it happened to the husband and sons of Daphne Caruana Galizia; points out that this chilling effect can lead to self-censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with relevant associated activities;
Amendment 197 #
2021/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated claims, and that they are not initiated for the purposes of obtaining a favourable judicial outcome but rather only to intimidate, harass, tire out, put psychological pressure on or consume the financial resources of journalists, academics, civil society and NGOs,organisations, including NGOs, and human rights defenders with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; points out that this chilling effect can lead to self- censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with relevant associated activities;
Amendment 214 #
2021/2036(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that an imbalance of power between the claimant and the defendant, notably in terms of financial resources, is a common feature of SLAPPs;
Amendment 216 #
2021/2036(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to protect journalists, academics, civil society and NGOspublic watchdogs and other actors engaging in public participation, including journalists, academics, civil society organizations, NGOs and activists, human rights and environmental defenders, and whistleblowers, and to ensure that fundamental rights are upheld in the Member States;
Amendment 224 #
2021/2036(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to protect journalists, academics, civil society and NGOorganisations, including NGOs, and human rights defenders and to ensure that fundamental rights are upheld in the Member States;
Amendment 236 #
2021/2036(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets that no Member State has so far enacted targeted legislation to provide protection against SLAPPs; notes however that anti-SLAPP legislation is particularly well-developed in the states of the United States, in Australia and Canada; encourages the Commission to analyse anti- SLAPP best practices currently applied outside the EU, such as the procedures applied to ensure early dismissal of abusive cases including the proportionality tests articulated by Courts, which could provide valuable inspiration for Union legislative and non-legislative measures on the matter; underlines the importance of committing to the most ambitious legislation and best-practices currently in force which would discourage the use of SLAPPs in the Union;
Amendment 246 #
2021/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous civil society organisations, academics, legal practitioners and victims who point to the need for legislative action against the growing problem of SLAPPs; urgently calls, therefore, for the Brussels Ia and Rome II Regulations to be amendmentsed in order to prevent ‘libel tourism’ or ‘forum shopping’; urgently calls for, including the introduction of a uniform choice of law rule for defamation, as well as for; urgently calls the Commission to present proposals for binding Union legislation on harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights of freedom of expression, association and information in the Union; is concerned that if measures only address lawsuits regarding infordefamation, actions based on other civil matters or criminal procedures may still be used, at the initiative of claimants based in or outside the EU;
Amendment 251 #
2021/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous civil society organisations, academics, legal practitioners and victims who point to the need for legislative action against the growing problem of SLAPPs; urgently calls, therefore, for the Brussels I and Rome II Regulations to be amendments in order to prevent ‘libel tourism’ or ‘forum shopping’; urgently calls for the introduction of a uniform choice of law rule for defamation, as well as for proposals for binding Union legislation on harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights of freedom of expression, assembly, association and information in the Union; is concerned that if measures only address lawsuits regarding infordefamation, actions based on other civil matters or criminal procedures may still be used;
Amendment 256 #
2021/2036(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Considers that the Commission shall harmonise the relevant legal rules, and shall give guidance to Member States as to how to upgrade their respective criminal laws in order to reach the objective of deterring SLAPPs across the EU;
Amendment 257 #
2021/2036(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Affirms that legislative measures at Union level could be based primarily on Article 81 of the TFEU (for cross-border civil lawsuits) and Article 82 of the TFEU (for threats of lawsuits in cross-border cases), and separately on Article 114 of the TFEU to protect public participation in order to ensure the proper functioning of the internal market by exposing corruption and other distortions114 TFEU in order to ensure the proper functioning of the internal market and to protect public participation in a harmonised way across the EU, and should have additional specific legal bases in order to cover the fields that rely, notably, on Articles 19, 50, 56, 192 and, 325 TFEU; asserts that the latterse measure cs should also aim to address attempts to prevent investigation and reporting on breaches of Union law, and should aim to ensure the highest level of protection for victims of SLAPPs, using the same legal base as Directive (EU) 2019/1937 (the ‘Whistleblower Directive’); these legislative measures could be based secondly on Articles 81 and 82 TFEU addressing particularly cross-border civil and criminal lawsuits; considers that certain safeguards, including procedural safeguards, could be harmonized to ensure that they apply not only for cross- border SLAPP cases, but also for domestic cases;
Amendment 266 #
2021/2036(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, academics, civil society and NGO, including NGOs and activists, human rights and environmental defenders in preventing breaches of Union law and ensuring the proper functioning of the internal market; urges the Commission to present a proposal for legislation that sets out safeguards for persons investigating and reporting on these matters of public interest, including procedural safeguards common to both civil and criminal cases, such as rules on the early dismissal of abusive lawsuits against SLAPP victims or their family members and other actions in court that have the purpose of preventing public participation; insists that such rules should cover sanctions, consideration of abusive motives even if the lawsuit or action is not dismissed, costs and damages;
Amendment 275 #
2021/2036(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, academics, civil society andhuman rights defenders and civil society organisations, including NGOs, in preventing breaches of Union law and ensuring the proper functioning of the internal market; urges the Commission to present a proposal for legislation that sets out safeguards for persons investigating and reporting on these matters of public interest;
Amendment 279 #
2021/2036(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Considers that the harmonisation of certain procedural aspects, such as the procedure for ensuring early dismissal of abusive cases, the effects of a dismissal decision and the application of penalties, could be beneficial to enhance protection for victims of SLAPPs; calls on the Commission to explore this possibility and to make sure that safeguards, including procedural safeguards, do not only apply to cross-border SLAPP cases, but also to domestic cases;
Amendment 287 #
Amendment 290 #
2021/2036(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Commission to present a proposal for a measure that develops judicial cooperation in civil matters so as to address cross-border SLAPP cases by providing for rules on the dismissal of abusive lawsuits and other actions in court that have the purpose of preventing public participation, which should include sanctions, consideration of abusive motives even if the lawsuit or action is not dismissed, costs and damagesharmonised rules on SLAPPs arising from claims of civil law,; calls on the Commission, further, to address questions giving rise to forum shopping and libel tourism in a forthcoming review of the Brussels Ia and Rome II Regulations, with the support from judicial practitioners such as the Hague Conference on Private International Law;
Amendment 298 #
2021/2036(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to present a proposal forto address the seriousness of SLAPPs brought through criminal proceedings by calling on member States to adopt measures to ensure that defamation, libel and slander, which constitute criminal offences in most Member States, cannot be used for SLAPPs, including through private prosecution; underlines the calls of the Council of Europe and OSCE for the decriminalisation of defamation; invites and calls on the Commission to address the question of the seriousness of threats of SLAPPs in a legislative proposalrespond to them; notes that defendants often face criminal charges while at the same time being sued for civil liability allegedly arising from the same conduct and invites the Commission to explore the possible introduction of harmonised procedural safeguards against those combined SLAPPs;
Amendment 304 #
2021/2036(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Recalls that inherent to and at the very core of the right to a fair trial under Article 47 of the Charter is the concept of equality of arms between parties in criminal proceedings; is concerned that the imbalance of power and resources between parties in SLAPPs cases undermines equality of arms, and thus the right to a fair trial;
Amendment 305 #
2021/2036(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Expresses concern that SLAPPs brought through criminal proceedings often have a big impact on victims and their families;
Amendment 306 #
2021/2036(INI)
Motion for a resolution
Subheading 12
Subheading 12
Amendment 308 #
2021/2036(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Declares that the protection of legitimate rights arising from Union law must be ensured by Member State courts and cannot be jeopardised, including the rights which are routinely cited in abusive lawsuits; defends at the same time and without prejudice to such protection, that it is necessary to prevent any abusive use of those rights in a manner which is manifestly contrary to the legislators’ intention when conferring them upon natural or legal persons; considers that preventing such abuse is equally necessary for the correct and uniform application of Union law, thereby safeguarding its effectivenessright to access to justice, the right to a fair trial, and the right to have access to a quality and public legal representation, as well as to information and to documentation in a language that the victim can understand, must be ensured by Member State courts and cannot be jeopardised; defends a that it is necessary to prevent any abusive use of justice systems and to ensure judicial independence to guarantee the right to a fair trial; considers that preventing such abuse is equally necessary for the correct and uniform application of Union law, thereby safeguarding its effectiveness; recommends that proportionality tests could be performed by Courts to ensure early dismissal of SLAPP cases; considers, however, that measures such as the remedy of early dismissal of SLAPP cases should not be framed in a manner which denies the claimant the opportunity to state their claim;
Amendment 313 #
2021/2036(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Recalls that the claimants of SLAPPs are often companies or powerful individuals, including public authorities, who seek to protect their interests by silencing critical voices; underlines that the interests of the claimant cannot be deemed legitimate where these are considered matters of public interest; emphasises the particularly important role of public watchdogs in safeguarding the public interest and in promoting a culture of public accountability and integrity, and reminds that their main functions include to hold power account, report wrongdoings and inform about matters of public interests;
Amendment 316 #
2021/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the urgent need for a robust fund for financially supporting all victims of SLAPPs, including in cases where SLAPPs or the threat of SLAPPs originate from claimants established in a third country; stresses the importance for victims and potential victims of SLAPPs and their families to have easy and accessible information and sensibilisation about these types of cases, legal aid and moral support, both within and outside the judicial process;
Amendment 322 #
2021/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the urgent need for a robust fund for supporting victims of SLAPPs; stresses the importance for victims and potential victims of SLAPPs to have easy and accessible information about these type of cases, legal aid and support;
Amendment 324 #
2021/2036(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers it necessary to collect data on SLAPP cases and raise awareness about the nature and detrimental effects of SLAPPs; to this end, considers that the EU should establish a priority list of Member States where its protective action in favour of victims of SLAPPs, notably concerning human rights and environmental defenders, should be intensified;
Amendment 330 #
2021/2036(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. WelcomesConsiders that the new anti- SLAPP legislative and non-legislative measures should be complementary with other EU instruments and policies, such as the European Democracy Action Plan, the EU LGBTIQ Equality Strategy 2020- 2025, the EU Gender Equality Strategy, the EU anti-racism action plan, and the Union Strategy to tackle Organised Crime 2021-2025, and calls for efforts to be stepped up efforts in this regard; notes that legislative and soft law measures cannot be effective in Member States where there are concerns about the independence of the judiciary or the fight against corruption; reiterates, in this regard, the critical need for an EU mechanism on democracy, the rule of law and fundamental rights as proposed by Parliament, including an annual independent, evidence-based and non-discriminatory review assessing all Member States' compliance with Article 2 TEU;
Amendment 341 #
Amendment 341 #
Amendment 344 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part I– indent 1
Annex – point 1 – part I– indent 1
for general rules providing protectionfor procedural safeguards, common to both civil and criminal cases, aimed at protecting victims against SLAPPs;
Amendment 344 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part I – indent 1
Annex – point 1 – part I – indent 1
for general rules providing protectionfor procedural safeguards, common to both civil and criminal cases, aimed at protecting victims against SLAPPs;
Amendment 345 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part I – indent 2
Annex – point 1 – part I – indent 2
specifically addressing questions of civil justice and private international law, including judicial cooperation and forum shopping;
Amendment 345 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part I – indent 2
Annex – point 1 – part I – indent 2
specifically addressing questions of civil justice and private international law, including judicial cooperation and forum shopping;
Amendment 347 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part I– indent 3
Annex – point 1 – part I– indent 3
addressing in particular issues of criminal justice and equality of arms in access to justice
Amendment 347 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part I – indent 3
Annex – point 1 – part I – indent 3
addressing in particular issues of criminal justice and equality of arms in access to justice
Amendment 359 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part II – indent 4
Annex – point 1 – part II – indent 4
support for independent bodies (such as ombudspersons) able to deal with complaints from persons threatened or faced with SLAPP suits, and to provide assistance to them, both within and outside the judicial process, and support for media self-regulatory bodies dealing with ethical complaints by the public and promoting the importance of ethics and professional journalistic practices;
Amendment 359 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part II – indent 4
Annex – point 1 – part II – indent 4
support for independent bodies (such as ombudspersons) able to deal with complaints from persons threatened or faced with SLAPP suits, and to provide assistance to them, both within and outside the judicial process, and support for media self-regulatory bodies dealing with ethical complaints by the public and promoting the importance of ethics and professional journalistic practices;
Amendment 365 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part II – indent 6a (new)
Annex – point 1 – part II – indent 6a (new)
the establishment of a priority list of Member States where EU action against SLAPPs, notably concerning human rights and environmental defenders, should be intensified.
Amendment 365 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part II – indent 6a (new)
Annex – point 1 – part II – indent 6a (new)
the establishment of a priority list of Member States where EU action against SLAPPs, notably concerning human rights and environmental defenders, should be intensified.
Amendment 370 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part I – introductory part
Annex – point 2 – part I – introductory part
A legislative proposal for a general protection measure would have the dual aim of protecting persons investigating or repor, reporting or otherwise exposing matters of public interest pointing to:
Amendment 370 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part I – introductory part
Annex – point 2 – part I – introductory part
A legislative proposal for a general protection measure would have the dual aim of protecting persons investigating or repor, reporting or otherwise exposing matters of public interest pointing to:
Amendment 373 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part I – point a
Annex – point 2 – part I – point a
(a) possible breaches of Union law;
Amendment 373 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part I – point a
Annex – point 2 – part I – point a
(a) possible breaches of Union law;
Amendment 380 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part II – point b
Annex – point 2 – part II – point b
(b) the prohibition of retaliation and effective penalties against SLAPP actions;
Amendment 380 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part II – point b
Annex – point 2 – part II – point b
(b) the prohibition of retaliation and effective penalties against SLAPP actions;
Amendment 385 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part II – point c – subpoint ii
Annex – point 2 – part II – point c – subpoint ii
(ii) legal, moral and financial aid;
Amendment 385 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part II – point c – subpoint ii
Annex – point 2 – part II – point c – subpoint ii
(ii) legal, moral and financial aid;
Amendment 386 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part II – point d
Annex – point 2 – part II – point d
(d) the prohibition of retaliation and the establishment of effective measures to protect against such retaliation.
Amendment 387 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part II – point d
Annex – point 2 – part II – point d
(d) the prohibition of retaliation and the establishment of effective measures to protect against such retaliation.
Amendment 389 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part III
Annex – point 2 – part III
The legislative proposal should lay down common minimum standards on procedural safeguards and other preventive, supporting and deterrent measures providing protection from abusive lawsuits against public participation. In particular, the proposal should include: (-a) a comprehensive definition of public participation; (a) the obligation for the claimant in cases concerning public participation to specify and provide means of proof of why the action is not abusive; (b) the obligation for courts to summarily dismiss abusive lawsuits at an early stage in the judicial process; (c) the obligation for courts to consider the abusive element in any final decision; (d) the possibility for third parties to intervene and subrogate to the defendant’s rights and obligations; (e) the obligation for courts to consider the public interest when assessing costs and the award of damages; (f) means to protect victims against SLAPPs brought outside the Union; (g) the right to the full award of costs; (h) the right to damages for material or immaterial harm.
Amendment 390 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part III
Annex – point 2 – part III
Amendment 392 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – title
Annex – point 3 – title
3. Civil procedure and private international law
Amendment 393 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – part I
Annex – point 3 – part I
A legislative proposal for a civil procedure measure applicable in cross-border cases should include: (a) the obligation for the claimant in cases concerning public participation to specify and provide means of proof of why the action is not abusive; (b) the obligation for courts to summarily dismiss abusive lawsuits; (c) the obligation for courts to consider the abusive element in any final decision; (d) the possibility for third parties to intervene and subrogate to the defendant’s rights and obligations; (e) the obligation for courts to consider the public interest when assessing costs and the award of damages; (f) means to protect victims against SLAPPs brought outside the Union; (f) the right to the full award of costs; (g) the right to damagesdevelop judicial cooperation in civil matters so as to address cross-border SLAPP cases by providing for harmonised rules on SLAPPs arising from claims of civil law.
Amendment 393 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – title
Annex – point 3 – title
3. Civil procedure and private international law
Amendment 395 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – part I
Annex – point 3 – part I
A legislative proposal for a civil procedure measure applicable in cross-border cases should include: (a) the obligation for the claimant in cases concerning public participation to specify and provide means of proof of why the action is not abusive; (b) the obligation for courts to summarily dismiss abusive lawsuits; (c) the obligation for courts to consider the abusive element in any final decision; (d) the possibility for third parties to intervene and subrogate to the defendant’s rights and obligations; (e) the obligation for courts to consider the public interest when assessing costs and the award of damages; (f) means to protect victims against SLAPPs brought outside the Union; (f) the right to the full award of costs; (g) the right to damagesdevelop judicial cooperation in civil matters so as to address cross-border SLAPP cases by providing for harmonised rules on SLAPPs arising from claims of civil law.
Amendment 408 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – part II – introductory part
Annex – point 3 – part II – introductory part
Amendment 409 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – part II – introductory part
Annex – point 3 – part II – introductory part
Amendment 411 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – part II – point a
Annex – point 3 – part II – point a
(a) establish the habitual residence of the defendant as the sole forum;
Amendment 413 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – part II – point a
Annex – point 3 – part II – point a
(a) establish the habitual residence of the defendant as the sole forum;
Amendment 415 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – part II – point b
Annex – point 3 – part II – point b
(b) determine that the applicable law is the law of the place where the investigation or reporting took placen cases of defamation is the law of the place to which the publication is directed, and, supplementarily, the place of editorial control and/or the place in which the main elements of harm are situated.
Amendment 417 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – part II – point b
Annex – point 3 – part II – point b
(b) determine that the applicable law is the law of the place where the investigation or reporting took placen cases of defamation is the law of the place to which the publication is directed, and, supplementarily, the place of editorial control and/or the place in which the main elements of harm are situated.
Amendment 420 #
2021/2036(INI)
Motion for a resolution
Annex – point 4 – point a
Annex – point 4 – point a
(a) specify that defamation, libel and slander constitute criminal offences in most Member States, and cannot be used for SLAPPs, in particular through private prosecution, and recommends Member States to decriminalize defamation as stated by the Council of Europe and OSCE;
Amendment 421 #
2021/2036(INI)
Motion for a resolution
Annex – point 4 – point a
Annex – point 4 – point a
(a) specify that defamation, libel and slander constitute criminal offences in most Member States, and cannot be used for SLAPPs, in particular through private prosecution, and recommends Member States to decriminalize defamation as stated by the Council of Europe and OSCE;
Amendment 422 #
2021/2036(INI)
Motion for a resolution
Annex – point 4 – point b
Annex – point 4 – point b
(b) specify that prosecution cannot be used to silence journalists, academics, civil societypublic watchdogs, civil society actors and other actors engaging in public participation, including journalists, academics, human rights and environmental defenders, whistleblowers, activists, civil society organizations and NGOs;;
Amendment 422 #
2021/2036(INI)
Motion for a resolution
Annex – point 4 – point b
Annex – point 4 – point b
(b) specify that prosecution cannot be used to silence journalists, academics, civil societypublic watchdogs, civil society actors and other actors engaging in public participation, including journalists, academics, human rights and environmental defenders, whistleblowers, activists, civil society organizations and NGOs;
Amendment 431 #
2021/2036(INI)
Motion for a resolution
Annex – point 4 – point ca (new)
Annex – point 4 – point ca (new)
(ca) explore possible harmonised procedural safeguards to protect defendants facing SLAPPs based on combined criminal charges and civil liability actions allegedly arising from the same conduct;
Amendment 5 #
2021/2035(INL)
Motion for a resolution
Citation 3
Citation 3
– having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 1, 2, 3, 4, 6, 7, 8, 10, 11, 12, 21, 23, 24, 25, 26, 47 and 479 thereof,
Amendment 7 #
2021/2035(INL)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the country- monitoring reports by the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO),
Amendment 18 #
2021/2035(INL)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
– having regard to General recommendation No. 33 on women’s access to justice of 3 August 2015 of the Committee on the Elimination of Discrimination against Women,
Amendment 20 #
2021/2035(INL)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
– having regard to General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19, of 14 July 2017 of the Committee on the Elimination of Discrimination against Women,
Amendment 22 #
2021/2035(INL)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to the report by European Union Agency for Fundamental Rights entitled ‘Crime, safety and victims’ rights’, published in 2021,
Amendment 28 #
2021/2035(INL)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to the Commission’s Communication "Gender Equality Strategy (2020-2025)", published on 5 March 2020,
Amendment 29 #
2021/2035(INL)
Motion for a resolution
Citation 14 b (new)
Citation 14 b (new)
– having regard to the Commission’s Communication "Strategy on victim’s rights (2020-2025)", published on 24 June 2020,
Amendment 30 #
2021/2035(INL)
Motion for a resolution
Citation 14 c (new)
Citation 14 c (new)
– having regard to the Commission’s Communication "LGBTIQ Equality Strategy (2020-2025)", published on 12 November 2020,
Amendment 31 #
2021/2035(INL)
Motion for a resolution
Citation 14 d (new)
Citation 14 d (new)
– having regard to the Commission’s Communication: "EU Strategy on the rights of the child (2020-2025)", published on 24 March 2021,
Amendment 38 #
2021/2035(INL)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the Council Conclusions on Women, Peace and Security, published on 10 December 2018,
Amendment 43 #
2021/2035(INL)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
– having regard to the Commission communication ‘A Union of Equality: Gender Equality Strategy 2020-2025’,
Amendment 48 #
2021/2035(INL)
Motion for a resolution
Citation 15 c (new)
Citation 15 c (new)
– having regard to the Commission communication ‘EU Strategy on victims' rights (2020-2025)’,
Amendment 51 #
2021/2035(INL)
Motion for a resolution
Citation 15 d (new)
Citation 15 d (new)
– having regard to the Commission communication ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’,
Amendment 52 #
2021/2035(INL)
Motion for a resolution
Citation 15 e (new)
Citation 15 e (new)
– having regard to the Commission communication ‘EU strategy on the rights of the child’,
Amendment 54 #
2021/2035(INL)
Motion for a resolution
Recital A
Recital A
A. whereas equality between women and men is a core value of the Union enshrined in Article 2 of the Treaty on European Union (TEU); whereas the right to equal treatment and non- discrimination is a fundamental right enshrined in the Treaties and in the Charter of Fundamental Rights; whereas ending male violence against women and girls is a prerequisite to achieving real equality between women and men;
Amendment 71 #
2021/2035(INL)
Motion for a resolution
Recital C
Recital C
C. whereas gender-based violence is violence directed against women because they are women and ior that affects women disproportionately; whereas LGBTI persons are also victims of gender-based violence because of their gender, gender identity, gender expression and sex characteristics; whereas gender-based violence is rooted in gender stereotypes, patriarchal structures and power asymmetries;
Amendment 84 #
2021/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the European Institute for Gender Equality defines femicide as the killing of women and girls because of their gender; whereas it can take different forms such as the murder of women as a result of intimate partner violence, killing of women and girls because of their gender, sexual orientation, gender identity, gender expression and sex characteristics, as well as female and intersex genital mutilations and so called "honour killings";
Amendment 86 #
2021/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the European Institute for Gender Equality defines femicide as the killing of women and girls because of their gender; whereas femicide can take several forms, such as the murder of women as a result of intimate partner violence, killing of women and girls because of their sexual orientation, sex characteristics and gender identity and genital mutilation related deaths;
Amendment 89 #
2021/2035(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, according to EIGE, secondary victimisation, also known as re- victimisation, ‘occurs when the victim suffers further harm not as a direct result of the criminal act but due to the manner in which institutions and other individuals deal with the victim’; whereas ‘secondary victimisation may be caused, for instance, by repeated exposure of the victim to the perpetrator, repeated interrogation about the same facts, the use of inappropriate language or insensitive comments made by all those who come into contact with victims’;
Amendment 92 #
2021/2035(INL)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas gender-based violence against LGBTI persons includes physical violence, psychological violence, forced marriages, sexual violence, including “corrective” rape and sexual harassment, female and intersex genital mutilations, forced sterilisation of trans and intersex people, so-called “honour” crimes, conversion therapy, hate speech both online and offline, bullying and harassment, socio-economic deprivation and violence that occurs within the family and/or domestic unit because of victims gender identity, gender expression and sex characteristics; whereas gender-based violence targets women in all their diversity and LGBTI people, driven by a desire to punish those seen as transgressing societal norms of gender hierarchies, gender expression, and binary gender systems; whereas gender- based violence aims at establishing, enforcing or perpetuating gender inequalities and reinforce gender norms and stereotypes;
Amendment 94 #
2021/2035(INL)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas violence against women and girls is one of the most widespread violation of women’s rights in Europe; whereas one in three women in the EU, which represents 62 million women, has experienced physical and/or sexual violence since the age of 15; whereas the WHO reports that worldwide, almost one third (27%) of women aged 15-49 years who have been in a relationship report that they have been subjected to some form of physical and/or sexual violence by their intimate partner; whereas the WHO reports that globally as many as 38 % of all murders of women are committed by intimate partners;
Amendment 95 #
2021/2035(INL)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas exposure to intimate partner violence, whether physical, sexual or psychological, has a severe impact on children and perpetuates abuse to future generations as children who witness intimate partner violence against their mother or one of their parents are more likely to experience such violence in later life – both as victims and as perpetrators; whereas legislation protecting the dignity of the child and recognising also the child as a victim in these cases play a crucial role in protecting both woman and child victims; whereas custody laws must be designed in a way that does not give custody rights to perpetrators of intimate partner violence;
Amendment 97 #
2021/2035(INL)
Motion for a resolution
Recital E
Recital E
E. whereas there is a lack of comprehensive and comparable disaggregated data on all forms of gender- based violence; whereas the lack of comparable data is also the result of a lack of harmonisation in the definitions linked to gender-based violence; whereas comprehensive and comparable disaggregated data is essential to document gender-based violence and its root causes;
Amendment 101 #
2021/2035(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas gender-based violence towards women and girls in all their diversity, in particular intimate partner violence, has dramatically increased during the COVID-19 pandemic; whereas lockdown measures made it more difficult for victims of intimate partner violence to seek help as they are often confined with their abusers, and have limited access to support services, and insufficient support structures and resources have exacerbated an already existing ‘shadow’ pandemic;
Amendment 107 #
2021/2035(INL)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas gender-based violence may be perpetuated by persons in positions of authority, while placed in custodial settings such as prisons, mental health facilities, detention centres, welfare facilities and refugee camps; whereas situations of overcrowding, high levels of stress and lack of privacy may also lead to gender-based violence;
Amendment 108 #
2021/2035(INL)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas gender-based violence continues to be underreported in the EU; whereas two thirds of victims do not report to the authorities; whereas by equipping police officers with the soft skills to carefully listen, understand and respect all women who have experienced gender-based violence, they can help address underreporting, re-victimisation and create a safer environment for survivors of gender-based violence; whereas ensuring affordable and safe access to an independent justice system is indispensable to promote a safer environment for all survivors of gender- based violence;
Amendment 109 #
2021/2035(INL)
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas in all Member States the conviction rates for perpetrators of violence against women, and in particular sexual violence including rape and sexual assault, are unacceptably low, showing that there are systematic deficiencies in the way law enforcement addresses gender-based violence, and whereas this in turn results in a widespread culture of impunity and signals to women and other victims of gender-based violence that reporting crimes to the police does not serve much purpose;
Amendment 110 #
2021/2035(INL)
Motion for a resolution
Recital E e (new)
Recital E e (new)
Ee. whereas sexual violence is part of a continuum of gender-based discrimination and violence closely intertwined with persistent inequalities and broader attacks on gender equality, women’s and girls’ human rights;
Amendment 111 #
2021/2035(INL)
Motion for a resolution
Recital E f (new)
Recital E f (new)
Ef. whereas the Istanbul Convention is the most comprehensive instrument in Europe to combat specific forms of male violence against women and girls, as well as domestic violence; whereas it establishes a comprehensive framework of legal and policy measures for preventing such violence, supporting victims and punishing perpetrators; whereas Bulgaria, Czech Republic, Hungary, Latvia, Lithuania and Slovakia have not ratified the Istanbul Convention yet; whereas Poland announced its intention to withdraw; whereas Turkey’s withdrawal from the Istanbul Convention sets a bad precedent;
Amendment 112 #
2021/2035(INL)
Motion for a resolution
Recital E g (new)
Recital E g (new)
Eg. whereas women and girls in Europe and other victims of gender-based violence do not benefit from the same level of protection against violence in function of where they live, due to a lack of coherence in legislation, protection and prevention mechanisms between EU countries;
Amendment 117 #
2021/2035(INL)
Motion for a resolution
Recital F
Recital F
F. whereas Union action aiming to eradicate violence against women and girls and other forms of gender-based violence demands that the Commission pursue several parallel avenues including proposing the extension of Eurocrimes to gender-based violence and at the same time proposing a Directive on gender- based violence using Article 83(1) TFEU as a legal basis;
Amendment 132 #
2021/2035(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Condemns all forms of violence against women and girls and other forms of gender-based violence, such as violence against LGBTI persons on the grounds of gender, gender identity, gender expression or sex characteristics , and deplores the fact that women and girls continue to be exposed to psychological, physical, sexual and economic violence, including sexual exploitation and trafficking in human beings, both online and offline;
Amendment 134 #
2021/2035(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Condemns all forms of violence against women and girls in all their diversity and other forms of gender-based violence, such as violence against LGBTI persons, and deplores the fact that women and girls continue to be exposed to psychological, physical, sexual and economic violence, including sexual exploitation and trafficking in human beings, both online and offline;
Amendment 154 #
2021/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power, patriarchal structures, and gender stereotypes, that have led to domination over and discrimination against women and LGBTI persons by men; underlines that this situation is aggravated by social and economic inequalities;
Amendment 157 #
2021/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power, patriarchal structures, and gender stereotypes, that have led to domination over and discrimination against women by men as well as violence directed towards LGBTI people; underlines that this situation is aggravated by social and economic inequalities that led to pay and pension gaps, the feminization of precarious work and more precarious living conditions for women;
Amendment 162 #
2021/2035(INL)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the #MeToo movement, which symbolises the voice of women breaking the wall of silence that surrounds sexual harassment and sexual violence against women in all their diversity across all ages, sectors and places; denounces the fact that in some countries victims of sexual harassment and sexual violence are increasingly being charged and even convicted of defamation, thus creating a chilling effect, re-victimising and silencing the women who dare to speak out;
Amendment 166 #
2021/2035(INL)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines that the eradication of gender-based violence requires an approach where criminal law measures are only one dimension, and where the major focus must be on different comprehensive strategies to combat gender discrimination, empowering and supporting victims, and strengthening social and economic autonomy for women and other victims of gender-based violence;
Amendment 170 #
2021/2035(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the wide range of psychological impacts that gender-based violence has on victims, including stress, concentration problems, anxiety, panic attacks, low self- esteem, depression, post- traumatic stress disorder, lack of trust and of sense of control, as well as fear or even suicidal thoughts; recalls that gender- based violence also has ademocratic, social and economic impacts, such as the loss of jobs or the withdrawal from public life, which reinforce the disadvantaged position of women; stresses that gender-based violence is exercised as a form of coercive control over women which prevents their full civic participation and the free development of their lives;
Amendment 176 #
2021/2035(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the wide range of psychological impacts that gender-based violence has on victims, including and witnesses, including feeling unsafe or vulnerable, stress, concentration problems, anxiety, panic attacks, low self-esteem, depression, post- traumatic stress disorder, lack of trust and of sense of control; recalls that gender- based violence also has a social and economic impact;
Amendment 186 #
2021/2035(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the Council of Europe Convention on preventing and combating violence against women and domestic violence (the ‘Istanbul Convention’) remains the international standard and a key tool for the eradication of gender- based violence by following a holistic and coordinated approach that places the rights of the victim at the centre and addresses the issues from a wide range of perspectives; stresses the need for all Member States in the EU to ratify the Istanbul Convention and to fully implement all its provisions as well as the need for the EU to access the Convention; notes with concerns the attempts in some Member States to promote campaigns against the Istanbul Convention which deny the existence of gender-based violence;
Amendment 196 #
2021/2035(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Denounces the fact that the combat against gender-based violence is negatively affected by the attack on women’s rights and gender equality; condemns the actions of anti-gender and anti-women movements in Europe and worldwide that aim to overturn existing laws on women’s rights and LGBTI+ rights; systematically attack women’s and LGBTI+ rights, including sexual and reproductive rights, and aim to overturn existing laws that protect them; urges the Commission to ensure that all civil society organisations that receive EU financial support do not promote gender discrimination;
Amendment 203 #
2021/2035(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to increase and secure long-term funding dedicated to prevent and combat violence against women and girls and other forms of gender-based violence through the Citizens, Equality, Rights and Values Programme, including support for shelter organisations and other civil society organisations working in this area; reiterates the importance of using benchmarks and indicators to measure progress;
Amendment 207 #
2021/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists on actions to prevent gender- based violence by addressing the underlying causes, including counteracting sexism, genderpatriarchal gender norms, stereotypes and patriarchal values; underlines the need for gender equality to have a central place in education and the need for awareness- raising campaigns, including comprehensive sexuality education, feminist self-defence training, and more general actions to combat segregation, gender inequality and discrimination; welcomes the Commission’s commitment in the Gender Equality Strategy affirming that “educating boys and girls from an early age about gender equality and supporting the development of non-violent relationships” is key for effective prevention;
Amendment 213 #
2021/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists on actions to prevent gender- based violence by addressing the underlying causes, including counteracting sexism, gender stereotypes and patriarchal values; underlines the need for gender equality to have a central place in education and the need for awareness- raising campaigns; recalls the Commission’s proposal in the Gender Equality Strategy for an EU-wide campaign on gender stereotypes and calls on Member States to fully support and implement the initiative when launched;
Amendment 220 #
2021/2035(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that the attack against women’s rights and gender equality is often one dimension of a broader deterioration in the situation of democracy, the rule of law and fundamental rights, and therefore calls on the Commission and the Council to consider women's and LGBTI+ rights violations in the context of ongoing Article 7 TEU proceedings;
Amendment 230 #
2021/2035(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to improve the regular availability and comparability of quality, disaggregated data on all forms of gender- based violence through cooperation with Eurostat, the European Union Agency for Fundamental Rights and the European Institute for Gender Equality; stresses that in order to increase our understanding of gender-based violence, it is necessary to ensure that at least the following categories are included in the data collection, already at the level of law enforcement intervention: a) gender of the victim, b) gender of the perpetrator, c) relationship between victim and perpetrator, d) existence of a sexual violence dimension, e) does the violence have a gendered motivation;
Amendment 240 #
2021/2035(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights the need for targeted policies with an intersectional approach to address the situation of survivors who experience intersectional forms of discrimination, such as women refugees, asylum seekers and migrants, indigenous women, racialised women, women from religious and ethnic minorities, lesbian, bisexual and trans women, eolderly women and, women with disabilities and women in poverty;
Amendment 246 #
2021/2035(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that gender-based violence is a serious violation of human rights and dignity that can take the form of psychological, physical, sexual and economic violence, and includes, among other, femicide, intra partner violence, sexual harassment, cyber violence, stalking, rape, early and forced marriage, female genital mutilation (FGM), crimes committed in the name of so-called ‘honour’, forced abortion, forced sterilisation, sexual exploitation and human trafficking, institutional violence, second order violence, vicarious violence and secondary victimisation;
Amendment 249 #
2021/2035(INL)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
Amendment 250 #
2021/2035(INL)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Recalls that human trafficking and sexual exploitation is a form of gender-based violence against women and girls and stresses the importance of a gender sensitive approach to human trafficking;
Amendment 255 #
2021/2035(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that violations of sexual and reproductive rights, including sexual violence, reproductive coercion and specifically denial of abortion care, gynaecologic and obstetrical violence and harmful practices, are a form of gender- based violence against women and girls, and stresses that the ECtHR has ruled on several occasions that restrictive abortion laws and lack of implementation violates the human rights of women;
Amendment 258 #
2021/2035(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that violations of sexual and reproductive rights are a form of violence against women and girls, as well as transgender and non-binary persons, as reflected in the LGBTIQ Equality Strategy;
Amendment 260 #
2021/2035(INL)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Deplores the structural deficiencies in the law enforcement system, which results in unacceptably low conviction rates in cases of gender-based violence against women and girls, and a de facto impunity for perpetrators; calls on all Member States to amend the definition of sexual violence and rape in their national legislation so that it is based on the absence of consent, as laid down in the Istanbul Convention;
Amendment 265 #
2021/2035(INL)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Recalls that cyberviolence is recognised as a form of gender-based violence against women and girls, and that gender-based cyberviolence is a continuum of and inseparable from offline violence, as they are both interlinked and are the result of a structural discrimination against women in all spheres; is concerned about the fact that the voices and participation of women as active digital citizens are often censured by gender-based cyber violence, and that this chilling effect is often spilled over into reality;
Amendment 268 #
2021/2035(INL)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Stresses that women with a public profile, such as activists, artists, journalists or politicians, are often the target of gender-based cyber violence with the aim of limiting their full participation in public life and, as a result, degrading our democracies;
Amendment 276 #
2021/2035(INL)
11. Notes that the Commission must address the particular situation of migrant women’s protection against gender-based violence, in particular dependency of residence status of the victim of intra partner violence on cohabitation and marital status, and recalls that under Directive 2012/29/EU of the European Parliament and of the Council6 access to appropriate protection, support services and effective remedies must be available to all victims of gender-based violence, independent of their residence status; _________________ 6 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).
Amendment 279 #
2021/2035(INL)
11a. Underlines that the current wave of repressive migration and refugee laws in Europe increases the vulnerability of migrant and refugee women, the consequences of which include increased exposure to gender-based violence while on the move, unsafe reception conditions and forced deportation among others, due to a lack of enforcement of their rights, protection measures and access to justice for migrants in the EU;
Amendment 281 #
2021/2035(INL)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Underlines that women and girls with disabilities are two to five times more likely to experience various forms of violence, highlights that the EU is obliged, as a party to the CRPD, to take measures to ensure the full and equal enjoyment by women and girls with disabilities of all human rights and fundamental freedoms, notes that the Committee on the Rights of Persons with Disabilities recommended in 2015 that the EU should advance its efforts in this direction, inter alia through ratification of the Istanbul Convention;
Amendment 282 #
2021/2035(INL)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Stresses that Muslim women, and in particular, those wearing religious clothing, are disproportionately impacted by gender-based violence, in particular, in the public space, at the workplace and online; highlights that gender-based violence against Muslim women should be addressed with an intersectional approach which takes into account discrimination on the grounds of gender in combination with discrimination on the grounds of religion and ethnicity;
Amendment 283 #
2021/2035(INL)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Condemns the phenomena of secondary violence which is the physical or psychological violence, reprisals, humiliations and persecution exercised against people who support victims of gender-based violence; stresses that these acts hamper the prevention, detection, support and recovery of women in situations of gender-based violence;
Amendment 284 #
2021/2035(INL)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Denounces that children of perpetrators of intimate partner violence are often the object of ill-treatment as a way to exercise power and violence against the mother, a phenomenon known as vicarious violence and a form of gender-based violence;
Amendment 288 #
2021/2035(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to take all necessary measures to promote the protection of women and girls in all their diversity and all survivors of gender-based violence against all forms of violence, including by paying greater attention to the needs of survivors who experience intersectional forms of discrimination and violence;
Amendment 290 #
2021/2035(INL)
12a. Calls on the Member States to comply with the Istanbul convention by providing protective and supportive measures for women based on a gendered understanding of violence against women and intra partner violence and that focus on the human rights and safety of the victim, thus avoiding institutional violence inflicted on victims because of laws, administrative or enforcement practices that are insensitive to gender considerations and/or lack sufficient knowledge and appropriate procedures, which can lead to impunity for perpetrators as well as re-victimisation;
Amendment 291 #
2021/2035(INL)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on Member States to ensure that also children are considered victims of gender-based violence in cases of intimate partner violence, and that their dignity and safety is paramount; welcomes, in this respect, laws that criminalise exposing a child to violence in close relationships; furthermore calls on Member States to make sure that custody laws are in line with this principle, as to not accord custody rights to the parent perpetrator of intimate partners violence;
Amendment 296 #
2021/2035(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the obligation on Member States to permanently ensure that there is support and services for survivors of gender-based violence adapted to the specific needs of each type of gender- based violence; recalls the importance, in that context, of support to independent civil society and women’s shelter organisations, who are the ones with the know-how needed to ensure feminist and non- paternalistic protection, ensure support throughout all stages of the reparation processes, and enforce the right to information; calls on Member States to guarantee access for victims to support services and essential services, including sexual and reproductive health services, also in rural areas; firmly supports the availability of public services in any step of the victims’ support;
Amendment 299 #
2021/2035(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the obligation on Member States to ensure that there is support and services for survivors of gender-based violence; recalls the importance, in that context, of support to independent civil society and women’s and specialised shelter organisations;
Amendment 303 #
2021/2035(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to step up their work in order to ensure that victims have access to justian independent judicial system is physically, economically, socially and culturally available to all survivors of gender-based violence, and to guarantee that the rights of the victim are placed at the centre in order to avoid discrimination, traumatisation or revictimisation during judicial, medical and police proceedings;
Amendment 304 #
2021/2035(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to step up their work in order to ensure that victims have access to justice, including restorative justice, and to guarantee that the rights of the victim are placed at the centre in order to avoid discrimination, traumatisation or revictimisation during judicial, medical and police proceedings; underlines with concern that most Member States still have issues with complete/correct transposition and/or practical application of the Victim’s Rights Directive, as reflected in the Commission’s Strategy on victim’s rights, and calls on their due diligence for its complete and correct transposition;
Amendment 309 #
2021/2035(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to improve the resources and training of practitioners, law enforcement officers, including judges, public prosecutors and forensic experts, and all professionals dealing with victims of gender-based violence, including the possibility of establishing specialised courts for that purpose; calls on Members States to ensure that victims have the right to state-funded legal aid before and during legal proceedings;
Amendment 314 #
2021/2035(INL)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Underlines that the failure to address the lack of trust and confidence in the law enforcement authorities and in the judicial system by survivors of gender- based violence is an important contributor for underreporting; is convinced that equipping police officers and judges with increased knowledge, and soft skills to carefully listen, understand and respect all survivors of gender-based violence will contribute to address underreporting, re- victimisation and create a safer environment for survivors of gender- based violence; urges the Commission and the Member States to step up efforts in this direction;
Amendment 316 #
2021/2035(INL)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on all Member States to fully comply with the Istanbul convention, adopting treatment programmes addressed to perpetrators of gender-based violence and domestic violence aimed at preventing further violence, providing insights regarding the destructive gender norms, asymmetric power relations and values underpinning gender-based violence and ensuring that the safety and the human rights of victims are the primary concern;
Amendment 317 #
2021/2035(INL)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Stresses the importance of ensuring access to justice for all survivors of conflict-related gender-based violence, including access to quality legal assistance, and the full accountability for perpetrators of all gender-based conflict- related crimes against women and girls, as well as men and boys, by activating the legal procedures at national, regional and international levels, notably also through the Rome Statute and ICC;
Amendment 318 #
2021/2035(INL)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Calls on the Member States to fully implement Directive 2011/99/EU on European Protection order, Directive 2012/29/EU on protection of victims, as well as Directive 2011/36/EU on preventing and combating trafficking in human beings;
Amendment 319 #
2021/2035(INL)
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15e. Underlines that the absence of EU legislation to combat gender-based violence and the disparities in Member States’ national legislation lead to different levels of protection for survivors;
Amendment 320 #
2021/2035(INL)
Motion for a resolution
Paragraph 15 f (new)
Paragraph 15 f (new)
15f. Welcomes the Commission’s commitment to come up with a proposal in 2021 for a holistic Directive to prevent and combat all forms of gender-based violence to implement the standards of the Istanbul Convention,; reiterates its call on the European Union to ratify the Istanbul Convention which is complementary to the adoption of such a directive; recalls in addition the commitment of the President of the Commission to extend the areas of crime to encompass specific forms of gender-based violence in accordance with Article 83(1) TFEU;
Amendment 321 #
2021/2035(INL)
Motion for a resolution
Paragraph 15 g (new)
Paragraph 15 g (new)
Amendment 328 #
2021/2035(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that gender-based violence is a serious crime and a widespread violation of fundamental rights in the Union which needs to be addressed with greater efficiency and determination on a common basis; stresses that gender-based violence is the result of a patriarchal society that has a cross-border dimension; points, in particular, at the growing anti- gender and anti-women movements, which are well organised and have a cross-border nature, and which therefore call for a coordinated EU response;
Amendment 344 #
2021/2035(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the special need to combat violence against women and girls and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions as well as on the key issues of prevention, under-reporting, victim’s protection, support and reparation, and the prosecution of perpetrators, where Member States approaches and level of commitment varies significantly;
Amendment 348 #
2021/2035(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the special need to combat violence against women and girls in all their diversity and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions;
Amendment 365 #
2021/2035(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to propose a directive on gender-based violence that implements the standards of the Istanbul Convention and CEDAW and includes the following elements: prevention measures, including through gender-sensitive education programming directed at both girls and boys, and empowerment of women and girls; support services and, protection and reparation measures for survivors; measures to combating all forms of gender-based violence, including violations of women’s sexual and reproductive health and rights; and minimum standards for law enforcement and violence against LGBTI persons on the grounds of gender, gender identity, gender expression and sex characteristics; minimum standards for law enforcement; and that takes into account a victims-centred and intersectional approach;
Amendment 367 #
2021/2035(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to propose a directive on gender-based violence that implements the standards of the Istanbul Convention and includes the following elements: prevention, including through gender-sensitive education programming directed at both girls and boys in all their diversity, and empowerment of women and girls in all their diversity; support services and protection measures for survivors; combating all forms of gender-based violence, including violations of women’s, transgender's and non-binary persons' sexual and reproductive health and rights; and minimum standards for law enforcement;
Amendment 123 #
2021/0411(COD)
(2) In an area without internal border controls, police officers in one Member State should have, within the framework of the applicable Union and national law, the possibility to obtain equivalent access to the information available to their colleagues in another Member State. In this regard, law enforcement authorities should cooperate effectively and by default across the Union. Therefore, an essential component of the measures that underpin public security in an interdependent area without internal border controls is police cooperation on the exchange of relevant information for law enforcement purposes. Exchange of information on serious crime and criminal activities, including terrorism, serves the overall objective of protecting the security of natural persons.
Amendment 124 #
2021/0411(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Exchange of information between Member States for the purposes of preventing and detecting serious criminal offences is regulated by the Convention Implementing the Schengen Agreement of 14 June 198547 , adopted on 19 June 1990, notably in its Articles 39 and 46. Council Framework Decision 2006/960/JHA48 partially replaced those provisions and introduced new rules for the exchange of information and intelligence between Member States' law enforcement authorities. _________________ 47 Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ L 239, 22.9.2000, p. 19). 48 Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ L 386, 29.12.2006, p. 89).
Amendment 127 #
2021/0411(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In particular, the discrepancies between the relevant provisions of the Convention Implementing the Schengen Agreement and Framework Decision 2006/960/JHA should be addressed by covering information exchanges for the purpose of preventing, detecting or investigating serious criminal offences, thereby fully superseding, insofar as such exchanges are concerned, Articles 39 and 46 of that Convention and hence providing the necessary legal certainty. In addition, the relevant rules should be simplified and clarified, so as to facilitate their effective application in practice.
Amendment 131 #
2021/0411(COD)
Proposal for a directive
Recital 9
Recital 9
(9) All exchanges of information under this Directive should be subject to three general principles, namely those of availability, equivalent access and confidentiality. While those principles are without prejudice to the more specific provisions of this Directive, they should guide its interpretation and application where relevant. For example, the principle of availability should be understood as indicating that relevant information available to the Single Point of Contact or the law enforcement authorities of one Member State should also be available, to the largest extent possible, to those of other Member States for the same purposes and if the request is possible in a similar domestic case. However, the principle should not affect the application, where justified, of specific provisions of this Directive restricting the availability of information, such as those on the grounds for refusal of requests for information and judicial authorisation. In addition, pursuant to the principle of equivalent access, the access of the Single Point of Contact and the law enforcement authorities of other Member States to relevant information should be substantially the same as, and thus be neither stricter nor less strict than, the access of those of one and the same Member State, subject to the Directive’s more specific provisions.
Amendment 144 #
2021/0411(COD)
Proposal for a directive
Recital 16
Recital 16
(16) It is particularly important that the protection of personal data, in accordance with Union law, is ensured in connection to all exchanges of information under this Directive. To that aim, the rules of this Directive should be aligned with Directive (EU) 2016/680 of the European Parliament and of the Council60 . In particular, it should be specified that any personal data exchanged by Single Points of Contacts and law enforcement authorities is to remain limited to the categories of data listed in Section B point 2, of Annex II to Regulation (EU) 2016/794 of the European Parliament and of the Council61 . In line with that Regulation, there should be limitations for the data categories of persons who are not suspects, but witnesses, victims, or who belong to other groups. Furthermore, as far as possible, any such personal data should be distinguished according to their degree of accuracy and reliability, whereby facts should be distinguished from personal assessments, in order to ensure both the protection of individuals and the quality and reliability of the information exchanged. If it appears that the personal data are incorrect, they should be rectified or erased without delay. Such rectification or erasure, as well as any other processing of personal data in connection to the activities under this Directive, should be carried out in compliance with the applicable rules of Union law, in particular Directive (EU) 2016/680 and Regulation (EU) 2016/679 of the European Parliament and of the Council62 , which rules this Directive leaves unaffected. _________________ 60 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119 4.5.2016, p. 89). 61 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53). 62 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 4.5.2016, p. 1).
Amendment 145 #
2021/0411(COD)
Proposal for a directive
Recital 16
Recital 16
(16) It is particularly important that the protection of personal data, in accordance with Union law, is ensured in connection to all exchanges of information under this Directive. To that aim, the rules of this Directive should be aligned with Directive (EU) 2016/680 of the European Parliament and of the Council60 . In particular, it should be specified that any personal data exchanged by Single Points of Contacts and law enforcement authorities is to remain limited to the categories of data listed in Section B point 2, of Annex II to Regulation (EU) 2016/794 of the European Parliament and of the Council61 . Furthermore, as far as possible, any such personal data should be distinguished according to their degree of accuracy and reliability, whereby facts should be distinguished from personal assessments, in order to ensure both the protection of individuals and the quality and reliability of the information exchanged. If it appears that the personal data are incorrect, they should be rectified or erased without delay. Such rectification or erasure, as well as any other processing of personal data in connection to the activities under this Directive, should be carried out in compliance with the applicable rules of Union law, in particular Directive (EU) 2016/680 and Regulation (EU) 2016/679 of the European Parliament and of the Council62 , which rules this Directive leaves unaffected. _________________ 60 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119 4.5.2016, p. 89). 61 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53). 62 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 4.5.2016, p. 1).
Amendment 156 #
2021/0411(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The further development of the European Union Agency for Law Enforcement Cooperation (Europol) as the Union’s criminal information hub is a priority. That is why, when information or any related communications are exchanged, irrespective of whether that is done pursuant to a request for information submitted to a Single Point of Contact or law enforcement authority, or on their own-imitative, an assessment should be done, on a case-by-case basis, whether a copy should be sent to Europol, however only insofar as it concerns offences falling within the scope of the objectives of Europol. In practice, this can be done through the ticking by default of the corresponding SIENA box.
Amendment 162 #
2021/0411(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to simplify, facilitate and better manage information flows, Member States should each establish or designate one Single Point of Contact competent for coordinating information exchanges under this Directive. The Single Points of Contact should, in particular, contribute to mitigating the fragmentation of the law enforcement authorities' landscape, specifically in relation to information flows, in response to the growing need to jointly tackle cross-border serious crime, such as drug trafficking and terrorism. For the Single Points of Contact to be able to effectively fulfil their coordinating functions in respect of the cross-border exchange of information for law enforcement purposes under this Directive, they should be assigned a number of specific, minimum tasks and also have certain minimum capabilities.
Amendment 168 #
2021/0411(COD)
Proposal for a directive
Recital 23
Recital 23
(23) The deployment and operation of an electronic single Case Management System having certain minimum functions and capabilities by the Single Points of Contact is necessary to allow them to carry out their tasks under this Directive in an effective and efficient manner, in particular as regards information management. Any personal data processed by the Single Points of Contact are to be contained in the Case Management System only for as long as is necessary and proportionate for the purposes for which the personal data are processed and are subsequently irrevocably deleted.
Amendment 173 #
2021/0411(COD)
Proposal for a directive
Recital 25
Recital 25
(25) The cross-border nature of serious crime and terrorism requires Member States to rely on one another to tackle such criminal offences. Adequate and rapid information flows between relevant law enforcement authorities and to Europol cannot be sufficiently achieved by the Member States acting alone. Due to the scale and effects of the action, this can be better achieved at Union level through the establishment of common rules on the exchange of information. Thus, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 177 #
2021/0411(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. This Directive establishes rules for the exchange of information between the law enforcement authorities of the Member States where necessary for the purpose of preventing, detecting or investigating serious criminal offences.
Amendment 188 #
2021/0411(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not apply to exchanges of information between the law enforcement authorities of the Member States for the purpose of preventing, detecting or investigating serious criminal offences that, where those exchanges are specifically regulated by other acts of Union law.
Amendment 193 #
2021/0411(COD)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Directive does not establish any right tois without prejudice to Member State law on the use of the information provided in accordance with this Directive as evidence in judicial proceedings.
Amendment 198 #
2021/0411(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
(2) 'serious criminal offences' means any of the following: (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 202 #
2021/0411(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Amendment 207 #
2021/0411(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) 'information' means any content concerning one or more natural persons, facts or circumstances relevant to law enforcement authorities in connection to the exercise of their tasks under national law of preventing, detecting or investigating serious criminal offences;
Amendment 211 #
2021/0411(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘personal data’ means personal data as defined in Article 43, point (1) of RegulationDirective (EU) 2016/67980.
Amendment 216 #
2021/0411(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) any relevant information available to the Single Point of Contact or the law enforcement authorities of Member States is provided to the Single Point of Contact or the law enforcement authorities of other Member States on request (‘principle of availability’);
Amendment 218 #
2021/0411(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the conditions for requesting information from the Single Point of Contact or the law enforcement authorities of other Member States, and those for providing information to the Single Points of Contact and the law enforcement authorities of other Member States, are equivalent to those applicable for requesting and providing similar information from and to their own law enforcement authorities for the same purposes and if the request is possible in a similar domestic case(‘principle of equivalent access’);
Amendment 251 #
2021/0411(COD)
Proposal for a directive
Article 6 – paragraph 1 – point e – point iii
Article 6 – paragraph 1 – point e – point iii
(iii) unduly harm the vital interests of a natural or legal person.
Amendment 267 #
2021/0411(COD)
Proposal for a directive
Article 10 – paragraph 1 – point i
Article 10 – paragraph 1 – point i
(i) the categories of personal data provided remain limited to those listed in Section B, point 2, of Annex II to Regulation (EU) 2016/794 for those persons listed in Section B, point 1(a), of that Annex;
Amendment 270 #
2021/0411(COD)
Proposal for a directive
Article 10 – paragraph 1 – point i a (new)
Article 10 – paragraph 1 – point i a (new)
(i a) the categories of personal data provided remain limited to those listed in Section B, point 3, of Annex II to Regulation (EU) 2016/794 for those persons listed in Section B, point 1(e), of that Annex;
Amendment 271 #
2021/0411(COD)
Proposal for a directive
Article 10 – paragraph 1 – point i b (new)
Article 10 – paragraph 1 – point i b (new)
(i b) the categories of personal data provided remain limited to those listed in Section B, point 4, of Annex II to Regulation (EU) 2016/794 for those persons listed in Section B, point 1(d), of that Annex;
Amendment 272 #
2021/0411(COD)
Proposal for a directive
Article 10 – paragraph 1 – point i c (new)
Article 10 – paragraph 1 – point i c (new)
(i c) the categories of personal data provided remain limited to those listed in Section B, point 5, of Annex II to Regulation (EU) 2016/794 for those persons listed in Section B, point 1(c), of that Annex;
Amendment 273 #
2021/0411(COD)
Proposal for a directive
Article 10 – paragraph 1 – point i d (new)
Article 10 – paragraph 1 – point i d (new)
(i d) the categories of personal data provided remain limited to those listed in Section B, point 6, of Annex II to Regulation (EU) 2016/794 for those persons listed in Section B, point 1(f), of that Annex;
Amendment 278 #
2021/0411(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that, where their Single Point of Contact or their law enforcement authorities send requests for information, provide information pursuant to such requests, provide information on their own initiative or send other communications relating thereto under Chapters II and III, they also asses, on a case-by-case basis, if it is necessary to send, at the same time, a copy thereof to Europol, insofar as the information to which the communication relates concerns offences falling within the scope of the objectives of Europol in accordance with Regulation (EU) 2016/794, an Europol is already involved in the respective investigation.
Amendment 282 #
2021/0411(COD)
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
Where information sent to Europol pursuant to paragraph 1, any possible restrictions pursuant to Article 19 of Regulation (EU) 2016/794, shall also be communicated to Europol together with the information.
Amendment 298 #
2021/0411(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall take the necessary measures to ensure that all cyberinformation security risks relating to the Case Management System, in particular as regards its architecture, governance and control, are managed and addressed in a prudent and effective manner and that adequate safeguards against unauthorised access and abuse are provided for.
Amendment 301 #
2021/0411(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States shall ensure that any personal data processed by their Single Point of Contact are contained in the Case Management System only for as long as is necessary and proportionate for the purposes for which the personal data are processed and are subsequently irrevocably deletedneeded for all concerned authorities to complete the process of its downloading, and are subsequently irrevocably deleted. The retention period shall not exceed four weeks.
Amendment 93 #
2021/0106(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) The placing on the market, putting into service or useof certain AI systems that can be used or foreseeably misused for intrusivemonitoring and flagging to identify or deter rule-breaking or fraud should beforbidden. The use of such intrusive monitoring and flagging, such ase-proctoring software, in a relationship of power, for example where educationinstitutions have a relationship of power over their students and pupils, posesan unacceptable risk to the fundamental rights of students and pupils, includingminors. Notably these practices affect private life, data protection and humandignity of students and pupils, including minors.
Amendment 193 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. the placing on the market, putting into service or useof an AI system that can be used for intrusive monitoring and flagging toidentify or deter rule-breaking or fraud
Amendment 80 #
2020/2261(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. Whereas authors, performers and all cultural creators should have access to guaranteed minimum standards of social security, including employment and health insurance and pension funds, so that they can concentrate fully on their artistic process and creativity
Amendment 112 #
2020/2261(INI)
Motion for a resolution
Recital S b (new)
Recital S b (new)
S b. Whereas culture, arts, cultural heritage, and cultural diversity are of great value to European society from a cultural, educational, democratic, environmental, social, human rights and economic point of view and should be promoted and supported. Whereas Education and culture are key to building inclusive and cohesive societies for all, fostering integration, and sustaining European competitiveness;
Amendment 151 #
2020/2261(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Encourages greater synergy between the cultural and educational sector and promotes greater participation of artistic and cultural schools and institutions in activities under Erasmus+, and in other actions under EU programmes, both for students and teachers;
Amendment 171 #
2020/2261(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Recognises the crucial role of culture and arts in promoting cultural diversity and fostering inclusive societies and the fight against any kind of discrimination;
Amendment 196 #
2020/2261(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls on Member States and the Commission to support vocational training programmes and initiatives for the career development of all authors, performers and cultural creators, and in particular to support them in acquiring digital, entrepreneurial and other skills in order benefit from digital opportunities to promote their work and collaborate with other artists;
Amendment 260 #
2020/2261(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Welcomes that during the crisis many cultural ecosystems of workers and organisations adapted to new digital distribution formats showing innovative ways of reaching their audience, nevertheless, digital engagement should not replace cultural experiences in person;
Amendment 1 #
2020/2243(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to the first Principle of the European Pillar of Social Rights,
Amendment 4 #
2020/2243(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Council Recommendation of 22 May 2018 on promoting common values, inclusive education, and the European dimension of teaching,
Amendment 31 #
2020/2243(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU single marketcreation of the European Community and other subsequent EU policies have contributed to the natural development of a European educational space, historically underpinned by the traditions of European humanism;
Amendment 34 #
2020/2243(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the ultimate goal is building a bottom-up European Education Area with common European policy objectives, requiring existing obstacles to be removed, European tools to be utilised and supporting policies at national and European levels to be developed, designed with the future of the planet in mind and encompassing the key roles to be played by education systems in addressing the climate crisis and enabling a successful digital transformation and Green transition;
Amendment 40 #
2020/2243(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the challenges the EU and its Member States are currently faced with today, including climate change, various forms of extremism and populism, andexacerbation of existing inequalities as a result of the COVID- 19 pandemic, and the rise of far- right extremism, neo-facism and authoritarianism require appropriate educational answers and concerted European action;
Amendment 44 #
2020/2243(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the realities of educational infrastructure, expertise and access to resources vary within and across Member States, and whereaswith those differences haveing become further pronounced during the COVID-19 pandemic; primarily as a result of increased inequality, including lack of access to IT infrastructure for people from socioeconomically disadvantaged backgrounds, negatively impacting access to education; whereas in person education remains essential in both the intellectual and personal development of the student.
Amendment 61 #
2020/2243(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the European Education Area provides an important opportunity for increased international cooperation amongst both formal and informal education facilitators;
Amendment 66 #
2020/2243(INI)
1. Emphasises the importance of quality education founded upon the principle of inclusiveness and accessibility for all and that the European Education Area (EEA) initiative should provide more and better opportunities for every single European citizenone in Europe to study, train and work abroad, and cultivate anthe environment where skills and diplomas are recognised throughout Europe;
Amendment 73 #
2020/2243(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the role of the EEA in fostering a sense of European belongingcommunity and in providing economicfair and equal opportunities by addressing existing educational challenges;
Amendment 78 #
2020/2243(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Considers the need for increased collaboration on education across Europe and beyond, to ensure that common answers to common, cross-border challenges, such as the climate crisis, the skills mismatches, the academic achievement gaps, can be developed;
Amendment 90 #
2020/2243(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Appreciates the Commission’s efforts to foster an EEA, while noting the need for a more holistic approach, requiring meaningful cooperation and coordination between all actors and stakeholders across national, regional &; local authorities;
Amendment 92 #
2020/2243(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Highlights the diversity of the stakeholders that include the education and training community, social partners, trade unions, youth organisations, youth workers and civil society;
Amendment 94 #
2020/2243(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Cautions that the Commission’s proposals are still mainly a strategic outline rather than a concrete policy roadmap, and thus suggests setting clear priorities including the establishment of a governance body that is inclusive of civil society and facilitates a sustained and meaningful dialogue with relevant actors and realistic deadlines for the actions that should be adopted, including clearly defined interim deliverables;
Amendment 101 #
2020/2243(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the urgent need to develop a common implementation strategy and roadmap that includes the European institutions, Member States and all relevant stakeholders including local and regional authorities and civil society, and defines their respective responsibilities;
Amendment 104 #
2020/2243(INI)
Motion for a resolution
Subheading 3
Subheading 3
Turning vision into reality: common strategic priorities, funding and EU-level targets
Amendment 105 #
2020/2243(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the potential of using European policy coordination tools to achieve the common objectives of an EEA; considers the importance of fostering the whole-school approach, ensuring the promotion of the idea that all education stakeholders, including non-formal and informal learning and youth work must collaborate, placing the learner at the centre of the learning process, and sharing expertise and practice to ensure that the transversal skills needed for the 21st century challenges for all learners are fostered; acknowledges the potential of these arenas of learning to enhance accessibility and to foster the key competences such as citizenship education, sustainability and digital competences that are key elements for the European Education Area;
Amendment 108 #
2020/2243(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Considers the breadth of expertise on transformative education, transversal skills, sustainable social, economic and environmental development that non- formal and informal education providers have been providing to disadvantaged learners; encourages synergies with these education stakeholders, for the purpose of sharing learning methodologies and mainstreaming education for sustainable development and sustainable lifestyles, culture and arts, human rights, equality, promotion of a culture of peace and non- violence, global citizenship and appreciation of cultural diversity and of culture’s contribution to sustainable development;
Amendment 113 #
2020/2243(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Highlights inclusiveness of the most marginalised communities including women in all their diversity, racial and ethnic minorities, LGBTIQ+ people, persons with disabilities, refugees and migrants, as a central dimension of an EEA and a prerequisite for achieving quality education for all, ensuring that no talentlearner is left behind;
Amendment 124 #
2020/2243(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls for at least 10% of the recovery and resilience facility's funding to be allocated to education and for the provision of adequate funding for the establishment, implementation and development of the European Education Area; Encourages Member States to earmark funds to contribute towards the development of the EEA;
Amendment 130 #
2020/2243(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for synergies between the EEA, the European Research Area and the European Higher Education Area as well as the European Youth Work agenda to be exploited and for a further strengthening of the Erasmus+ pProgramme for the benefit of all teachers andcurrent and future teachers, educational workers and providers, youth workers and all learners;
Amendment 137 #
2020/2243(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Aims to foster inclusion, equality, media literacy and critical thinking at all stages of learning as a central means to empower responsible Europemembers of society and citizensounter the increasing tide of disinformation;
Amendment 139 #
2020/2243(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Aims to foster soft skills and life skills such as 'learning to learn' competences, including readiness to discard one’s own convictions when they contradict new experimental findings and learners’ understanding of the impact of their local level action on the environment and on their fellow European citizens, for the purpose of providing all learners with the capacity to adapt to the ever-changing, fast-paced 21st century society;
Amendment 141 #
2020/2243(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for a common framework on the development of digital competences and on learning about the EU throughout all appropriate levels and areas of education; prioritising the development of basic digital skills above the development of advanced digital skills, and of significantly reducing digital competences gaps across Europe rather than further exacerbating them via the insistence on new, more advanced digital competences;
Amendment 152 #
2020/2243(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the importance of improving working conditions and enhancing competences and motivation in the education profession, especially supported through the improved recognition of educators’ value to societygreater societal valuation of educators and by bolstering pedagogical autonomy;
Amendment 157 #
2020/2243(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Underlines the need for Member States to take action to support the development of linguistic competences in primary and secondary education, to embrace the Council of Europe’s goal of ‘plurilingualism’ and to achieve the benchmark of all pupils having a sufficient knowledge of English as well as through non formal education providers, including the promotion and protection of non-official or co-official languages as well as those included in UNESCO's Atlas of Languages in Danger, to embrace the recommendation of the Barcelona convention to enabling citizens to communicate in 2 languages other than their mother tongue at the end of lower secondary education or any informal equivalent;
Amendment 163 #
2020/2243(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses the importance of Commission and Member State action in higher education, such as reinforcing the Bologna Process, strengthening the international dimension of the EEA, including partners from the global south, and furthering the European Student Card, including through embracing the synergies offered by existing EU programmes;
Amendment 173 #
2020/2243(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission and Member States to facilitate the expansion of automatic mutual recognition of learning outcomes and study periods abroad, including in VET, non-formal exchanges and volunteering;
Amendment 189 #
2020/2243(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission and the Member States to establish a concrete European Education Area Strategic Framework 2030 (EEASF 2030) by the end of 2022 with a comprehensive steering, monitoring and evaluation mechanism, in line with UN Sustainable Development Goal 4 to ‘ensure inclusive and equitable quality education and promote lifelong learning opportunities for all’ and the first principle of the European Pillar of Social Rights;
Amendment 192 #
2020/2243(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Urges the Commission and the Member States to clarify the type of participation required from Member States andommit to meaningful participation as well as to engage with and promote participation of other levels of government, including local and regional authorities, and to devise effective multi-level governance arrangements that respect subsidiarity whilest aiming to generate European added value;
Amendment 194 #
2020/2243(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Seeks clarity on the level of involvement expected from stakeholders, education sectors that have been underrepresented so far, and relevant civil society actors; stresses that the governance framework should involve all relevant stakeholders working in all arenas of learning. This also includes the involvement of youth workers and youth organisations specifically;
Amendment 197 #
2020/2243(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Seeks clarity onto increase the level of involvement expected from stakeholders, education sectors that have been underrepresented so far, and relevant civil society actors;
Amendment 200 #
2020/2243(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to establish an EEA Platform that is accessible in all European languages, both official and co-official, as an interactive public gateway to support Member States and stakeholders in exchanging information and promoting cooperation and exchange of good practices;
Amendment 204 #
2020/2243(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the need for a European dimension in education by strengthening a distinct European perspective in students’ curricula and teachers’ training, with regards to all teachers, trainers & learners from both formal & non-formal organisations including with support from Jean Monnet actions and teacher academies; proposes that these teacher academies be called ‘Comenius Teacher Academies’;
Amendment 211 #
2020/2243(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises the need to provide learners with knowledge about European history and cultural heritage, both tangible and intangible, and to foster a critical European memory and historical consciousness, taking into account the legacy of colonialism and its continued influence throughout European society and beyond;
Amendment 4 #
2020/2201(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas citizens' participation is a core fundamental right and should include all aspects and levels of decision- making; whereas dialogue and participation by all groups of civil society in EU decision-making is one of the prerequisites for a functioning democratic Union and for fostering democratic security; whereas citizens' dialogues and participation mechanisms should fully reflect the diversity of our society as the cornerstone for better policies and enhanced good governance;
Amendment 8 #
2020/2201(INI)
A b. whereas effective democracy depends on citizens having a say and being heard; whereas meaningful citizens participation should be ensured in theory and in practice; whereas according to a Eurobarometer survey on socio- demographic trendlines (2007-2020)1a, only 45% of the citizens consider that their voice counts in the EU; _________________ 1a https://www.europarl.europa.eu/at- your-service/en/be- heard/eurobarometer/socio-demographic- trends-edition-7
Amendment 10 #
2020/2201(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
A c. whereas specific attention needs to be given to ensure that all voices are heard and that systemic ways to embed rights-based, meaningful, inclusive, transparent and accessible participation of all citizens in EU decision-making should be implemented;
Amendment 13 #
2020/2201(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
A d. whereas the involvement of women in all their diversity and of all backgrounds in EU decision-making is still a challenge; whereas persons with disabilities often have their views disregarded in favour of other people speaking or making decisions on their behalf; whereas child and youth participation is still scarce in EU decision-making; whereas LGTBI+ people, migrant and refugee and ethnic minority groups, representing some of the most marginalised and excluded groups, have even fewer opportunities to participate in EU decision-making process;
Amendment 20 #
2020/2201(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that the level of EU citizens’ engagement in the EU participatory democracy process and the subsequent use of tools is proportionate to the level of knowledge of EU actions and policies within the Union’s multi-level governance system; highlights that citizens' participation is an instrumental element to achieve more democratic and representative decisions, which is apart of empowerment and thus, a component of good governance; stresses that a functioning democracy also requires that people are free to point out deficiencies in the system and to suggest improvements; underlines that citizen’s dialogue and citizens’ participation are necessary for democratic scrutiny and recalls the importance that citizens contribute to good governance by holding authorities accountable;
Amendment 23 #
2020/2201(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Points out that access to information, consultation, and active involvement throughout the whole EU decision-making process are essential elements to achieve meaningful participation; highlights the importance of ensuring involvement in the EU decision-making process of those affected by a decision; underlines the need to provide feedback to ensure that citizens’ inputs are taken seriously;
Amendment 27 #
2020/2201(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses that building and reinforcing inclusiveness in our societies, and thereby empowering all citizens to exercise and defend their rights and to play an active part in democratic life is an essential element of democratic scrutiny; calls on the Commission to ensure all citizens of all backgrounds are involved in the EU decision-making process;
Amendment 37 #
2020/2201(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need for supportive measures aimed at increasing civic literacy and building civic capacity to encourage citizens’ understanding of the policymaking process and to promote civic engagement in the actions of the Union; urges the Commission and the Member States to step up efforts in this direction;
Amendment 45 #
2020/2201(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the inclusion in the Citizens, Equality, Rights and Values Programme of a citizens’ engagement and participation strand designed to promote citizens’ engagement and participation in the democratic life of the Union;
Amendment 50 #
2020/2201(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 54 #
2020/2201(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Believes that the Commission, by refusing to propose a legal follow-up on almost allsuccessful ECIs, failed to ensure that this tool could genuinely achieve its goal aimed at enhancing the democratic functioning of the Union through the participation of citizens in its democratic and political life; warns that the Commission's approach results in undermining citizens' trust in the EUinstitutions; underlines, in this regard, that by means of a resolution adopted in plenary the Parliament asked the Commission to ensure a legal follow-up on the Minority Safepack Initiative;
Amendment 59 #
2020/2201(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the importance of the right to petition granted by the Treaties to EU citizens and residents; points out that the right to petition allows citizens to convey information to the institutions with regards to implementation problems on the ground and shortcomings of individual cases; considers, however, that the right to petition should be strengthened; considers it is worth recalling that the EU often stands accused of complexity and detachment from its citizens; stresses the fact that the Charter only applies to EU Member States when they are implementing EU law is perceived as insufficient and unsatisfactory for many petitioners;
Amendment 63 #
2020/2201(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that EU citizens have the right to address the European Ombudsman; stresses that in her 2019 annual report, the Ombudsman states that she regularly receives complaints concerning fundamental rights such as equality, non- discrimination and the right to be heard; further recalls that according to the Ombudsman, in order citizens to exercise their democratic right to participate in the EU’s decision-making process and hold those involved to account, legislative deliberations must be transparent; welcomes, in this regard, the series of recommendations that the European Ombudsman has made to the Council of the European Union to improve the transparency of its legislative process; insists that the Council must be as accountable and transparent as the other institutions;
Amendment 68 #
2020/2201(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to develop innovative and inclusive tools for citizens’ participation and dialogues that ensure rights-based, meaningful, inclusive, transparent and accessible participation of all citizens in EU decision-making and that involve those affected by a decision, with particular attention to ensuring the participation of those in vulnerable situations and from racialized groups; stresses the need to enhance the direct involvement and participation of citizens in EU decision-making;
Amendment 76 #
2020/2201(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Underlines that for citizens to be actively engaged, availability and accessibility of information in their mother tongue is of importance; is concerned that citizens' engagement and participation in the political process may be limited by language barriers;
Amendment 90 #
2020/2201(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Considers that the Commission is supporting and promoting top-down instruments more than bottom-up tools, thereby putting greater importance on instruments to improve policy outcomes than on allowing citizens to make their voices heard; calls on the Member States and the Commission to encourage the active participation of EU citizens in EU matters, notably young people, in order to support their involvement in shaping society and politics; highlights that EU mechanisms at all levels should also ensure the effective participation of NGOs without discrimination in dialogue and consultation on public policy objectives and decisions;
Amendment 98 #
2020/2201(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Underlines the difficulties for citizens to challenge the EU decision- making, as their input is almost entirely limited to the consultative phase of policymaking; calls on the Commission and the Member States to open up new channels of contestation;
Amendment 4 #
2020/2152(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates the important role of the Fundamental Rights Agency (‘FRA’ or ‘the Agency’) in helping to ensure that the fundamental rights of people living in the Union are protected; recalls the importance of the Agency in promoting the reflection on the appropriate balance between security and fundamental rights; highlights, in particular, the value of the Agency’s studies and opinions for the development of Union legislation;
Amendment 5 #
2020/2152(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the fact that the Court of Auditors (‘the Court’) has declared the transactions underlying the annual accounts of the Agency for the financial year 2019 to be legal and regular in all material respects and that its financial position on 31 December 2019 is fairly presented; deplores the fact that the budget of the Agency of EUR 30 million decreased in 2019 to EUR 29 million and notes the slight staff increase from 110 to 114 in 2019; acknowledges the complex nature of the studies undertaken by the Agency, covering the law and practice of 27 Member States and the high number of publications produced and trainings delivered to ensure fundamental rights compliance that also contribute and feed into the work of different Union bodies and agencies; recommends to provide sufficient financial resources for a better performance of the duties entrusted to the FRA; welcomes the pro-active approach of the Agency towards the Parliament and considers that the Agency should be able to offer opinions on legislative proposals on its own initiative and to all areas of rights protected under the Charter of Fundamental Rights of the European Union, including issues of judicial and police cooperation in criminal matters;
Amendment 10 #
2020/2152(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the levels of commitment carry-overs for operational expenditure once again remained high at 60 %, which is a lower percentage than in 2018, but still indicates a structural problem; recalls on the Agency tothat, as indicated by the Court, this mainly reflects the nature of the Agency’s core activities that include the financing of studies and other activities intended at raising rights’ awareness that span several months; calls on the Agency to continue further improveing its financial planning and its implementation cycles to resolve this situation;
Amendment 15 #
2020/2152(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the progress made by the Agency in relation to the recommendations of the Court on the introduction of e- tendering; calls on the FRA to stepcontinue stepping up its efforts regarding the outstanding recommendation on e- submission.
Amendment 345 #
2020/2121(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that intersecting disadvantages create additional barriers and negative socio-economic impacts for specific groups of women, therefore the safety and, protection and socioeconomic well- being of all persons must be secured by taking due account of an intersectional approach in the crisis and post-crises measures;
Amendment 350 #
2020/2121(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Underlines that due to a higher life expectancy and higher likelihood of experiencing health problems, older women are often the majority of residents in long-term care facilities30 that became virus hotspots in many countries due to a lack of sufficient resources to guarantee their safety and protection; calls on the Member States to examine the provision of care for older persons in different settings, and to ensure older women’s wellbeing, including access to care and healthcare services and economic independence; _________________ 30https://eige.europa.eu/covid-19-and- gender-equality/gender-impacts-health
Amendment 360 #
2020/2121(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. InvitesCalls on the Member States to continue supporting migrant women and men throughensure access to critical healthcare during the crisis and post-crisis for migrant people; highlights the need for refugee and reception centres to take due account of women’s and girls’ needs in view of the known challenges of social distancing and maintaining hygiene, as well as their vulnerability to gender-based violence;
Amendment 362 #
2020/2121(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. Calls on the Member States to regularise the situation of migrants by linking citizenship rights to residency;
Amendment 365 #
2020/2121(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Highlights the additional needs of minority groups, such as Roma women, who face challenges in maintaining hygwomen with Romani background, who face entrenched discrimination and ongoing violations of their rights and experience and adhering to confinement measures due to a lack ofincreased protection risks due to a lack of adequate measures to guarantee their access to basic infrastructure, services and information;
Amendment 377 #
2020/2121(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Deplores instances of xenophobic and racial discrimination and urges the Commission and the Member States to adopt an intersectional approach in their responses that addresses the needs of marginalised population groups, including racial and ethnic minorities;
Amendment 385 #
2020/2121(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Emphasises that the global nature of the COVID-19 pandemic requires a global response; highlights the vulnerable position of women and girls in many parts of the world in relation to COVID-19, such as access to healthcare, including SRHR, vulnerability to gender-based violence, including FGM and chilearly and forced marriage, employment status, access to education and extreme poverty and hunger; underlines the importance ofdemands strengthened supporting for women’s human rights defenders and women’s rights organisations, including SRHR organisations;
Amendment 394 #
2020/2121(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Calls on the EU and its Member States to prioritize global solidarity by maintaining sufficient level of ODA funding, and by supporting partner countries’ response to the crisis in a comprehensive manner, including to ensure access to SRHR; calls on the EU to focus on health systems strengthening and universal access to SRHR as part of Universal Health Coverage in its humanitarian and development response to the COVID-19 pandemic; demands that the new MFF and in particular the NDICI prioritise gender equality and women’s rights across geographic and thematic programmes;
Amendment 398 #
2020/2121(INI)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36 b. Calls on the European Commission to include women and girls at the heart of its global response and to fully involve them, listen to their voices and empower them to be an active part of the response to the pandemic;
Amendment 399 #
2020/2121(INI)
Motion for a resolution
Paragraph 36 c (new)
Paragraph 36 c (new)
36 c. Calls on the European Commission to include health, and in particular sexual and reproductive health, as a priority in the new Gender Action Plan III;
Amendment 401 #
2020/2121(INI)
Motion for a resolution
Paragraph 36 d (new)
Paragraph 36 d (new)
36 d. Urges the EU to include in trade agreements a requirement for economic partners to ratify and implement ILO Convention 156 on workers with family responsibilities, Convention 189 on domestic workers and Convention 190 on violence and harassment;
Amendment 403 #
2020/2121(INI)
Motion for a resolution
Paragraph 36 e (new)
Paragraph 36 e (new)
36 e. Urges the Council and the Commission to ensure that gender mainstreaming and gender budgeting are at the centre of all measures linked to the recovery, incorporating lessons learned about the diversity of needs of women;
Amendment 404 #
2020/2121(INI)
Motion for a resolution
Paragraph 36 f (new)
Paragraph 36 f (new)
36 f. Calls on the implementation of the Gender Equality Strategy as a matter of utmost urgency, with a clear timeline, robust engagement across all parts of the Commission, strongly coordinated and monitored through the Task Force for Equality in collaboration with the DG JUST Gender Equality Unit;
Amendment 405 #
2020/2121(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Calls on the Commission and the Member States to fully assess the needs arising from the crisis and its socio- economic consequences, and to allocate adequate budgetary resources to tackling these needs, as well as to the monitoring of this spending on women, to ensure that the crisis does not exacerbate existing inequalities, and that at least half of the resources are spent on women’s jobs and the advancement of women’s rights, as well as to ensure the participation of gender equality bodies in partnership agreements, the implementation of gender impact assessments as a requirement to access EU funds and the monitoring of this spending through the collection of gender- disaggregated data and gender equality indicators, following its commitments in the Gender Equality Strategy; emphasises that preparatory action is the best way to build resilience in all areas for future crises;
Amendment 410 #
2020/2121(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Calls for the inclusion of gender equality as one of the policy priorities to be tackled in the upcoming Conference on the Future of Europe, to ensure gender balance in its bodies and the involvement of women’s rights organisations and women organisations to ensure that the EU post-Covid takes women’s needs into account;
Amendment 1 #
2020/2086(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the purpose of the UN Convention on the Rights of Persons with Disabilities (CRPD) is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities; stresses that by ratifying the CRPD, the EU and the Member States associated themselves with the efforts agreed at international level to guarantee the fundamental rights of persons with disabilities;
Amendment 7 #
2020/2086(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 12 #
2020/2086(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights the importance of inclusion for all the people living in the EU regardless of any physical, intellectual, psychosocial or mental impairments, and highlights that full and effective participation of persons with disabilities in all areas of life and society is crucial for the enjoyment of their fundamental rights;
Amendment 17 #
2020/2086(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes the view that the promotion of equality in the field of employment and occupation can be effective only if discrimination is comprehensively combated in all areas of life; highlights that reasonable accommodation, accessibility and universal design are crucial to combat discrimination against persons with disabilities;
Amendment 20 #
2020/2086(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 22 #
2020/2086(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Is concerned about the existence of significant barriers in accessing information and communications for persons with disabilities, particularly for those who are blind or deaf, people who have intellectual disabilities and persons on the autism spectrum; stresses in this regard that persons with disabilities should not be treated as a homogenous group; recalls that differences in individuals’ abilities to receive and impart information and to use information and communications technologies represent a knowledge divide that creates inequality; requests to promote the use of accessible and user friendly means, modes and formats of communication;
Amendment 27 #
2020/2086(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. EncouraUrges the Council to unblock the negotiations on the proposed horizontal equality directive; which would allow protection against discrimination outside the area of employment and occupation through a horizontal approach;
Amendment 34 #
2020/2086(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission for a cross-cutting, comprehensive review of Union law to ensure full compliance with the CRPD; underlines also, the need for an intersectional and holistic approach to prevent stigmatisation, discrimination, social exclusion and poverty that many persons with disabilities experience in a daily basis, which should place particular emphasis on the exclusion and marginalisation due to socio-economic factors and take into account the diversity of persons with disabilities; recalls the need to ensure the participation of persons with disabilities and their representative organisations in decision- making processes;
Amendment 48 #
2020/2086(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Regrets that peoplersons with disabilities continue to experience discrimination in various domains, that this has been further exacerbated by the COVID-19 pandemic and that all forms of discrimination are generally under- reported; notes with concern the lack of awareness of the victim’s rights and of the possibility of seeking redress;
Amendment 49 #
2020/2086(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Highlights that since persons with disabilities are not a homogenous group, some persons may face additional and specific barriers due to a combination between disability and other features such as sex, sexual orientation, age, ethnicity, religion or belief, socio-economic status, nationality, complex needs, intersecting impairments, type of disabilities or place of living, which result in multiple and intersecting forms of discrimination and segregation from society;
Amendment 54 #
2020/2086(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
Amendment 56 #
2020/2086(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Underlines that no barriers may hinder the access of persons with disabilities to legal recourse; emphasises in this regard that persons with disabilities have to be guaranteed affordable, easy and safe access to justice by securing that their right to information and communication is accessible to them at each stage of the process, as well as to provide appropriate assistance to those people who experience difficulty in exercising their legal capacity; calls on the Commission and the Member States to step up efforts in this direction;
Amendment 59 #
2020/2086(INI)
Draft opinion
Paragraph 8 d (new)
Paragraph 8 d (new)
8 d. Stresses that according to the OSCE, the fear of persons with disabilities that they and their request will not be taken seriously by authorities is an important contributor to under-reporting;
Amendment 60 #
2020/2086(INI)
Draft opinion
Paragraph 8 e (new)
Paragraph 8 e (new)
8 e. Urges the Commission and the Member States to ensure that authorities and practitioners, in particular lawyers, judges and law enforcement, are targeted in capacity-building efforts to ensure their understanding of the fundamental rights- based approach to disability;
Amendment 61 #
2020/2086(INI)
Draft opinion
Paragraph 8 f (new)
Paragraph 8 f (new)
8 f. Is concerned that the isolation that persons with disabilities may experience increases when they are scared of public spaces due to fear of verbal and physical harassment; highlights that the media can play an important role in disseminating information about persons with disabilities and in contributing to bring about a change for the better in the public’s attitude towards them;
Amendment 62 #
2020/2086(INI)
Draft opinion
Paragraph 8 g (new)
Paragraph 8 g (new)
8 g. Notes that the best way to raise awareness is for persons with disabilities to be fully included in mainstream society, by living in the community, following class in mainstream schools and being employed in mainstream jobs; stresses that this will educate society to recognise persons with disabilities as full members; urges the Commission and the Member States to launch awareness-raising campaigns in order to eradicate the existing stigma and prejudice against persons with disabilities, and to fight harassment and exploitation;
Amendment 67 #
2020/2086(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Urges the Member States to provide the necessary funding and support for organisations representing persons with disabilities, which play a key role in promoting their fundamental rights and emphasising the value of their participation in society;
Amendment 6 #
2020/2035(INL)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Commission communication of 12 November 2020 entitled ‘LGBTIQ Equality Strategy (2020-2025)’,
Amendment 19 #
2020/2035(INL)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to its resolution of 11 March 2021 on the declaration of the EU as an LGBTIQ Freedom Zone,1a _________________ 1a Texts adopted, P9_TA(2021)0089
Amendment 59 #
2020/2035(INL)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard to the Fundamental Rights Agency’s ‘EU LGBTI Survey II: A long way to go for LGBTI equality',1a _________________ 1a https://fra.europa.eu/sites/default/files/fra _uploads/fra-2020-lgbti-equality-1_en.pdf
Amendment 63 #
2020/2035(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the first objective of the Union’s Gender Equality Strategy 2020- 2025 focuses on ending gender-based violence and describes it as ‘one of our societies’ biggest challenges’; whereas the Union’s LGBTIQ Equality Strategy recalls that everyone has a right to safety, be it at home, in public or online;
Amendment 71 #
2020/2035(INL)
Motion for a resolution
Recital B
Recital B
B. whereas violence against women and other forms of gender-based violence are widespread in the Union and are to be understood as an extreme form of discrimination; whereas gender-based violence is rooted in the unequal distribution of power between women and men, in sexism and gender norms and stereotypes, which have led to domination over and discrimination against women by menand girls in all their diversity by men; whereas gender-based violence also occurs due to perceived deviation from gender norms;
Amendment 85 #
2020/2035(INL)
Motion for a resolution
Recital C
Recital C
C. whereas violence against women and LGBTI persons and gender-based violence present different but not mutually exclusive forms and manifestations; whereas those different forms of violence are often interlinked with, and inseparable from, offline violence because they can precede, accompany or continue them;
Amendment 103 #
2020/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas cyber harassment, cyber stalking, cyber bullying, trolling, online hate speech, flaming, doxxing, dead- naming and image- based sexual abuse are among the most common types of gender- based cyberviolence; whereas some Member States have adopted specific legislation on some of those particular forms only;
Amendment 108 #
2020/2035(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas hate speech against LGBTI persons is pervasively common, in particular online, and legislation is notably absent from some Member States’ legislative framework to prevent, address and sanction such forms of online abuse; whereas, at present, 15 Member States do not include gender identity in hate speech legislation; whereas the Commission has proposed to extend the list of ‘EU crimes’ under Article 83(1) TFEU to cover hate crime and hate speech, including when targeted at LGBTIQ people;
Amendment 130 #
2020/2035(INL)
Motion for a resolution
Recital F
Recital F
F. whereas women in all their diversity can be targeted by cyberviolence either individually or as members of a specific community; whereas intersectional forms of discriminationtargeting of LGBTI persons is often on the grounds of their gender identity, gender expression or sex characteristics; whereas intersectional forms of discrimination increase the exposure to violence for women belonging to ethnic minorities, with disabilities, as well as lesbian, bisexual, transgender and intersex women, and can exacerbate the consequences of gender- based cyberviolence;
Amendment 144 #
2020/2035(INL)
Motion for a resolution
Recital G
Recital G
G. whereas some women and LGBTI persons, such as politicians, women in public positions, journalists, bloggers and human rights defenders, are particularly impacted by gender-based cyberviolence, and whereas this is causing not only psychological harm and suffering to them but also deterring them from participating digitally in political, social and cultural life;
Amendment 186 #
2020/2035(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the Commission’s commitments under the LGBTIQ Equality Strategy 2020-2025 concerning hate speech online, and the proposal to extend the list of ‘EU crimes’ under Article 83(1) TFEU to cover hate crime and hate speech, including when targeted at LGBTIQ people;
Amendment 190 #
2020/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the COVID-19 pandemic has increased the risk of domestic violence and abuse because victims are forced to spend more time with perpetrators and they tend to be more isolated from support networks; highlights that many LGBTI persons were forced to be confined with family members, legal guardians or co-habitants who harassed, abused or exposed them to violence; calls on Member States to increase the assistance they offer through specialised shelters, helplines and support services to protect victims and facilitate the reporting of gender-based violence;
Amendment 248 #
2020/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that inter alia stress, concentration problems, anxiety, panic attacks, low self-esteem, depression, post- traumatic stress disorder, lack of trust and lack of sense of control, caused by cyberviolence, can have an impact on mental health and may lead to self-harm and suicidal ideation;
Amendment 285 #
2020/2035(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that gender norms and stereotypes are at the core of gender discrimination and are one of the main barriers to the entry of women and girls in the ICT and digital fields; stresses the need to tackle the gender gap in the ICT sector through education, awareness-raising campaigns and the promotion of the representation of women in the sector;
Amendment 289 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Recalls that the labelling of LGBTI persons as an ‘ideology’ is spreading in online and offline communication and the same is true with regard to ongoing campaigning against so-called ‘gender ideology’ or in favour of ‘anti-gender movements’; highlights that LGBTI activists are often the targets of defamation campaigns, online hate speech and cyberbullying and abuse due to their advocacy work for LGBTI equality;
Amendment 351 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 3
Annex I – Recommendation 2 – paragraph 3
The scope should cover any form of gender-based violence committed, assisted or aggravated in part or fully by the use of ICT, such as mobile phones and smartphones, the internet, social media platforms or email, against a woman because she is a woman, or affects women disproportionately. The scope should encompass gender-based violence against LGBTIQ persons, who are targeted because of their gender, gender identity, gender expression or sex characteristics.
Amendment 358 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 3
Annex I – Recommendation 2 – paragraph 4 – indent 3
- ICT-related violations of privacy (including the accessing, sharing and manipulation of private data or images, including intimate data without consent, image-based sexual abuse and non- consensual disclosure of sexual images, doxxing, dead-naming, identity theft);
Amendment 363 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 6
Annex I – Recommendation 2 – paragraph 4 – indent 6
- sexist, transphobic or interphobic hate speech (including: posting and sharing violent content, use of sexist or gendered comments and insults, abusing women for expressing their own views and for turning away sexual advances, inciting to hatred against individuals on grounds of their gender identity, expression or sex characteristics);
Amendment 373 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – introductory part
Annex I – Recommendation 3 – paragraph 1 – introductory part
Member States should implement a series of measures in order to prevent gender- based cyberviolence, having an intersectional approach:
Amendment 376 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 1
Annex I – Recommendation 3 – paragraph 1 – indent 1
- awareness-raising and educational programmes involving all relevant actors and stakeholders to address the root causes of gender-based cyberviolence, within the general context of gender-based violence in order to bring about changes in social and cultural attitudes and remove gender norms and stereotypes, while promoting responsible behaviour on social media and increasing literacy about the safe use of the internet;
Amendment 428 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 4
Annex I – Recommendation 5 – paragraph 1 – indent 4
- aggravating circumstances, depending on the profile of the women and, girls and LGBTI victims (exploiting specific characteristics, vulnerabilities of women and girl, girls and LGBTI persons online);
Amendment 436 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 6 – paragraph 1
Annex I – Recommendation 6 – paragraph 1
The Commission and Member States should collect and publish disaggregated and comparable data on gender-based cyberviolence, in particular on the different forms of gender-based cyberviolence, not only based on law enforcement reports but also on women’sthe experiences of women and LGBTI persons.
Amendment 10 #
2020/2009(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to closely monitor the implementation of the AVMSD in particular as regards hate speech, protection of minors, independence of national media regulators, transparency and media literacy obligations;
Amendment 11 #
2020/2009(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Welcomes the recent launch of a European Digital Media Observatory, a platform aimed at networking fact checkers and researchers and at providing media practitioners, teachers and citizens with information to better understand fake news; is confident that this new instrument will help gather best practices and tailor media literacy programmes according to the latest findings; requests that public safety-related information is presented in a clear and simple manner, including in accessible and usable formats for persons with disabilities;
Amendment 18 #
2020/2009(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that civil society organisations (CSOs) are key in fostering media literacy and helping to prevent spreading of hate speech and disinformation; stresses that CSOs are in urgent need of structural support; considers that community media organisations should be integrated as stakeholders in the programmes dedicated to promote journalism and media literacy in Europe, most specifically within the Creative Europe programme (cross- sectoral strand);
Amendment 22 #
2020/2009(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls to streamline and integrate media literacy in other EU programmes that support education and media as a tool for inclusion and to develop critical thinking among citizens;
Amendment 28 #
2020/2009(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that media professionals and artists often work in precarious conditions with regard to their contracts, salaries and social guarantees, which compromises their ability to work appropriately and thus hampers media pluralism and freedom; asks the Commission to work closely with Member States in order to improve the status and working conditions of the artists;
Amendment 33 #
2020/2009(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 52 #
2020/2009(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that any future EU mechanism on democracy, rule of law and fundamental rights must enshrine media freedom, including artistic freedom, as an essential pillar of a democratic system;
Amendment 53 #
2020/2009(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recognises the right to artistic freedom and the need to highlight this in the context of the broader framework of fundamental freedoms and freedom of expression; calls on the Commission to include freedom of artistic expression among the specific objectives of Creative Europe 2021-2027;
Amendment 58 #
2020/2009(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Believes that online platforms are part of the online public sphere, where education and public debate take place; calls on the EU to ensure safeguards for platforms to respect fundamental rights and freedom of speech;
Amendment 71 #
2020/2009(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls the 2018 Council conclusions on the strengthening of European content in the digital economy, which recognize the relevance of content generated by the media "as well as other cultural and creative sectors", as being "essential pillars of Europe's social and economic development";
Amendment 75 #
2020/2003(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes with concern that, since the start of the Yemeni War, Member States such as France and Spain are the third and fourth largest exporters to Saudi Arabia;
Amendment 46 #
2020/0365(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Council Directive 2008/114/EC17 provides for a procedure for designating European critical infrastructures in the energy and transport sectors, the disruption or destruction of which would have significant cross-border impact on at least two Member States. That Directive focused exclusively on the protection of such infrastructures. However, the evaluation of Directive 2008/114/EC conducted in 201918 found that due to the increasingly interconnected and cross-border nature of operations using critical infrastructure, protective measures relating to individual assets alone are insufficient to prevent all disruptions from taking place. Therefore, it is necessary to shift the approach towards ensuring the resilience of critical entities, that is, their ability to mitigate, absorb, accommodate to and recover from incidents that have the potential to disrupt the operations of the critical entity. Such disruption could negatively impact the functioning of the internal market and of essential social services. _________________ 17Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ L 345, 23.12.2008, p.75). 18 SWD(2019) 308.
Amendment 48 #
2020/0365(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Despite existing measures at 19 Union and national level aimed at supporting the protection of critical infrastructures in the Union, the entities operating those infrastructures are not adequately equipped to address current and anticipated future risks to their operations that may result in disruptions of the provision of services that are essential for the performance of vital societal functions or economic activities. This is due to a dynamic threat landscape with an evolving terrorist threat and growing interdependencies between infrastructures and sectors, as well as an increased physical risk due to natural disasters and. The climate change, whichrisis also severely increases the frequency and scale of extreme weather events and brings long-term changes in average climate that can reduce the capacity and efficiency of certain infrastructure types if resilience or climate adaptation measures are not in place. Therefore, fighting climate change should be considered an essential contribution to the resilience of our societies, which implies that more urgent and more ambitious action needs to be taken also outside the scope of this Directive. Moreover, relevant sectors and types of entities are not recognised consistently as critical in all Member States. _________________ 19European Programme for Critical Infrastructure Protection (EPCIP).
Amendment 56 #
2020/0365(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The entities involved in the provision of essential services are increasingly subject to diverging requirements imposed under the laws of the Member States. The fact that some Member States have less stringent security requirements on these entities not only risks impacting negatively on the maintenance of vital societal functions or economic activities across the Union, it also leads to obstacles to the proper functioning of the internal market. The resilience of critical entities gives investors and companies reliability and trust, something that are cornerstones of a well-working internal market. It also ensures that essential social services are not interrupted, thereby contributing to protecting the weakest in society. Similar types of entities are considered as critical in some Member States but not in others, and those which are identified as critical are subject to divergent requirements in different Member States. This results in additional and unnecessary administrative burdens for companies operating across borders, notably for companies active in Member States with more stringent requirements.
Amendment 105 #
2020/0365(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. This Directive: lays down measures with a view to achieving a high level of resilience of critical entities in order to ensure the provision of essential services within the Union, and by doing so, ensuring the functioning of the internal market and the provision of essential social services. To that end, this Directive:
Amendment 118 #
2020/0365(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) “essential service” means a service which is essential for the maintenance of vital societal functions or economic activities, public safety, the environment, the rule of law or fundamental rights;
Amendment 164 #
2020/0365(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the impacts that incidents could have, in terms of degree and duration, on economic and societal activities, the environment and, public safety, the rule of law and fundamental rights;
Amendment 199 #
2020/0365(COD)
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) prevent incidents from occurring, including through disaster risk reduction and climate adaptation measures, and measures contributing to the fight against climate change;
Amendment 201 #
2020/0365(COD)
Proposal for a directive
Article 11 – paragraph 1 – point e
Article 11 – paragraph 1 – point e
(e) ensure adequate employee security management, including by setting out categories of personnel exercising critical functions, establishing access rights to sensitive areas, facilities and other infrastructure, and to sensitive information as well as identifying specific categories of personnel in view of Article 12; . Where external providers are involved in security management, critical entities should ensure their compliance with generally accepted standards and specifications;
Amendment 207 #
2020/0365(COD)
Proposal for a directive
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) raise awareness about the measures referred to in points (a) to (e) among relevant personnel, including laying down appropriate training requirements and qualifications.
Amendment 210 #
2020/0365(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Upon request of the Member State that identified the critical entity and with the agreement of the critical entity concerned, the Commission shall organise advisory missions, in accordance with the arrangements set out in Article 15(4), (5), (7) and (8), to provide advice to the critical entity concerned in meeting its obligations pursuant to Chapter III. The advisory mission shall report its findings to the Commission, that Member State and the critical entity concerned. Where necessary and appropriate, the Commission may mobilise financial support for that Member State and the relevant critical entity, including from the Internal Security Fund, without prejudice to applicable budgetary procedures and controls.
Amendment 44 #
2020/0112R(APP)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that antisemitism, islamophobia, antigypsyism and racism against black people and people of colour is a complex phenomenon and requires a holistic response across policy areas; recalls that the rise of Jew-hatred and antisemitismracism and xenophobia poses a threat to our democratic values; notes with serious concern the increase in antisemitracist and xenophobic hate speech; stresses the need for action in that regard;
Amendment 59 #
2020/0112R(APP)
Motion for a resolution
Paragraph 4 – point i – paragraph 1
Paragraph 4 – point i – paragraph 1
In line with the changes that result from the entry into force of the Lisbon Treaty, the word ‘Community’ should be replaced by the word ‘Union’ throughout the entire regulation. This implies that Union or Member State acts or activities relating to or within the framework of the common foreign and security policy, as well as in the area of freedom, security and justice, including fundamental rights aspects of mutual recognition of judgments and judicial decisions and the use of force by law enforcement authorities, should be covered by the FRA;
Amendment 77 #
2020/0112R(APP)
Motion for a resolution
Paragraph 4 – point iii – paragraph 1
Paragraph 4 – point iii – paragraph 1
In addition to the fight against racism, xenophobia and related intolerance, the fight against antisemitism, islamophobia, antigypsyism and racism against black people and people of colour should be specifically mentioned in the areas of activities of the FRA, and not only in the recital; this would be very much in line with the activities carried out by the FRA in relation to antisemitxenophobic incidents since 2009, with yearly updates on the situation in each Member State;
Amendment 88 #
2020/0112R(APP)
Motion for a resolution
Paragraph 5 – introductory part
Paragraph 5 – introductory part
5. Calls on the Commissionuncil to consider a broader revision of the FRA Regulation following a thorough impact assessment, in order to strengthen the independence of the FRA; calls for the Commission to reflect in particular on:
Amendment 91 #
2020/0112R(APP)
Motion for a resolution
Paragraph 5 – point i – introductory part
Paragraph 5 – point i – introductory part
(i) Management BoardFRA bodies
Amendment 92 #
2020/0112R(APP)
Motion for a resolution
Paragraph 5 – point i – paragraph 1
Paragraph 5 – point i – paragraph 1
As is the case with many other EU agencies, the Committee on Civil Liberties, Justice and Home Affairs should have the right to nominate one additional member of the FRA Management Board; members of the Management Board should have the right to be reappointed once, and the restriction on non-consecutive terms is unnecessary; a requirement on gender balance in the bodies established by the FRA Regulation should be included; it should be required that at least one of the members of the scientific committee should have relevant expertise on gender equality;
Amendment 100 #
2020/0112R(APP)
Motion for a resolution
Paragraph 5 – point iii – paragraph 1
Paragraph 5 – point iii – paragraph 1
Amendment 38 #
2019/2207(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas mutual trust requires Member States to be complying with EU law and particularly with the fundamental rights recognised by the Charter and the rule of law; whereas judicial independence is a fundamental requirement and should always be guaranteed; whereas, according to the Commission 2020 Rule of Law Report, judicial independence remains an issue of concern in some Member States;
Amendment 70 #
2019/2207(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas a harmonised EAW implementation, together with the full and correct implementation of the procedural rights Directives, an enhanced use of alternative measures to the EAW and the establishment of EU minimum standards such as on prison and detention conditions, will prevent forum shopping;
Amendment 102 #
2019/2207(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that according to the CJEU, the refusal to execute an EAW is an exception to mutual recognition and must be interpreted strictlypossible where one of the grounds for non–recognition (Articles 3, 4 and 4a EAW FD) or one of the guarantees (Article 5 EAW FD) applies; notes that limitations may be placed in exceptional circumstances to the principles of mutual recognition and mutual trust on the basis of Article 1(3) EAW FD; notes that a real risk of breach of the fundamental right to an independent tribunal and, therefore, of the essence of the fundamental right to a fair trial (Article 47(2) Charter) is capable of permitting the executing judicial authority to refrain from giving effect to an EAW26 ; _________________ 26 See, for example, Case C-216/18 PPU, Minister for Justice and Equality.
Amendment 116 #
2019/2207(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Highlights that in order to be effective, the principle of mutual recognition must be premised upon mutual trust which can only be achieved if respect for the fundamental rights of suspects and accused persons and procedural rights in criminal proceedings are guaranteed throughout the Union; recalls the importance of implementing the procedural rights Directives with a view to guarantee the right to a fair trial; in this regard, urges the Commission to ensure their full and correct implementation and to consider launching infringement proceedings where necessary;
Amendment 195 #
2019/2207(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Is concerned about prison conditions in certain Member States and recalls that deprivation of liberty does not equate to deprivation of dignity; welcomes in this regard the new Criminal Detention Database of FRA and considers it a first positive step for a better common assessment of prison conditions in the EU2a; _________________ 2a https://fra.europa.eu/en/databases/crimin al-detention/criminal-detention/home
Amendment 196 #
2019/2207(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29 b. Believes that the absence of minimum standards on prison conditions and pre-trial detention at the EU level, and of the limitation of the use of pre-trial detention as a measure of last resort and of consideration of alternatives, coupled with the lack of proper assessment of whether the case is trial-ready, can lead to unjustified and excessive periods of suspects and accused persons in pre-trial detention; recalls that this situation has been further exacerbated by the Covid-19 pandemic;
Amendment 197 #
2019/2207(INI)
Motion for a resolution
Paragraph 29 c (new)
Paragraph 29 c (new)
29 c. Considers that an efficient long- term management of penitentiary systems should be implemented, reducing the number of prisoners by more frequent use of non-custodial punishments, such as community service, financial penalties or electronic monitoring; stresses that alternative measures to detention should be considered throughout the whole criminal justice chain; calls on the Commission to step up efforts in this direction and to set up a EU monitoring mechanism on prison and detention conditions;
Amendment 207 #
2019/2207(INI)
Motion for a resolution
Paragraph 32 c (new)
Paragraph 32 c (new)
32 c. Considers that the challenges identified due to the incorrect or incomplete implementation of the procedural rights Directives not only undermine mutual trust but are also costly in social and economic terms to the individuals concerned, their families, and society as a whole;
Amendment 230 #
2019/2207(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Recalls that the aim of the minimum criminal procedural safeguards laid down in the procedural rights Directives is to ensure a fair trial; highlights that the right to a fair trial is of cardinal importance as a guarantee that the fundament rights of individuals and the rule of law will be safeguarded; highlights that procedural rights compliance must be a pre-condition for executing any EAW; recalls that increased safeguards are needed to prevent abuse of EAWs;
Amendment 20 #
2019/2199(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the UN 2030 Agenda for Sustainable Development,
Amendment 26 #
2019/2199(INI)
Motion for a resolution
Citation 12
Citation 12
– having regard to Article 2 of the revised European Social Charter on the right to just conditions of work,
Amendment 28 #
2019/2199(INI)
Motion for a resolution
Citation 13
Citation 13
– having regard to Article 31 of the Charter on fair and just working conditions,
Amendment 34 #
2019/2199(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
– having regard to the 8th General Report on GRETA’s Activities1a and GRETA reports concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by all the member states1b, __________________ 1a https://rm.coe.int/8th-/168094b073 1bhttps://www.coe.int/en/web/anti-human- trafficking/country-monitoring-work
Amendment 37 #
2019/2199(INI)
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
– having regard to the report from the Commission to the European Parliament and the Council entitled "Second report on the progress made in the fight against trafficking in human beings (2018) as required under Article 20 of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims" (COM(2018) 777 final),
Amendment 54 #
2019/2199(INI)
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
– having regard to its resolution of 12 February 2019 on the need for a strengthened post-2020 Strategic EU Framework for National Roma Inclusion Strategies and stepping up the fight against anti-Gypsyism1a; __________________ 1a Texts adopted, P8_TA(2019)0075
Amendment 61 #
2019/2199(INI)
Motion for a resolution
Citation 26 a (new)
Citation 26 a (new)
– having regard to the recommendation of the Council of Europe Commissioner for Human Rights of June 2019 entitled ‘Lives saved. Rights protected. Bridging the protection gap for refugees and migrants in the Mediterranean’1a, __________________ 1ahttps://rm.coe.int/lives-saved-rights- protected-bridging-the-protection-gap-for- refugees-/168094eb87
Amendment 62 #
2019/2199(INI)
Motion for a resolution
Citation 26 b (new)
Citation 26 b (new)
– having regard to the 2019 Fundamental Rights Report by the European Union Agency for Fundamental Rights and the update of June 2019 of the FRA note entitled ‘NGO ships involved in search and rescue in the Mediterranean and criminal investigations’1a, __________________ 1a https://fra.europa.eu/en/publication/2019/ 2019-update-ngo-ships-involved-search- and-rescue-mediterranean-and-criminal
Amendment 63 #
2019/2199(INI)
Motion for a resolution
Citation 26 c (new)
Citation 26 c (new)
– having regard to its resolution of 5 July 2018 on guidelines for Member States to prevent humanitarian assistance from being criminalised1a, __________________ 1a Texts adopted, P8_TA(2018)0314
Amendment 66 #
2019/2199(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
– having regard to its resolution of 13 November 2018 on minimum standards for minorities in the EU1a, __________________ 1a Texts adopted, P8_TA(2018)0447
Amendment 69 #
2019/2199(INI)
Motion for a resolution
Citation 30 a (new)
Citation 30 a (new)
– having regard to its resolution of 25 October 2018 on the rise of neo-fascist violence in Europe1a, __________________ 1a Texts adopted, P8_TA(2018)0428
Amendment 102 #
2019/2199(INI)
Motion for a resolution
Citation 46 a (new)
Citation 46 a (new)
– having regard to the Commission’s Communication on strengthening the rule of law within the Union – a blueprint for action (COM(2019)0343),
Amendment 107 #
2019/2199(INI)
Motion for a resolution
Citation 48 a (new)
Citation 48 a (new)
– having regard to the obligation for the EU to accede to the European Convention on Human Rights under Article 6(2) TEU;
Amendment 117 #
2019/2199(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas any risk of a breach by a Member State of the values enshrined in Article 2 of the TEU does not concern solely the individual Member State where the risk materialises, but also has an impact on the other Member States and on the Union as a whole;
Amendment 123 #
2019/2199(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the Treaty of Lisbon introduced the term ‘persons belonging to minorities’ into EU primary law, the first- ever explicit reference in the history of EU law; whereas Article 2 of the TEU states that ‘the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the primacy of law and respect for human rights, including the rights of persons belonging to minorities’ and that ‘these values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’; whereas these values are shared by all Member States and must be upheld and actively promoted by the EU and each Member State individually in all their policies, both internally and externally in a consistent way; whereas these rights deserve to be accorded the same treatment as the other rights enshrined in the Treaties;
Amendment 133 #
2019/2199(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas racial, ethnic, linguistic and religious minorities face structural racism, discrimination, hate-crime and hate-speech, lack of access to justice, and sustained socio-economic inequalities in areas such as housing, healthcare, employment and education, which needs to be acknowledged as major barriers to full enjoyment of fundamental rights and key barrier to inclusion and equality;
Amendment 161 #
2019/2199(INI)
Motion for a resolution
Recital B
Recital B
B. whereas cases of gynaecological and obstetrical violence have been increasingly denounced in several Member States, including in France, Croatia, Bulgaria, Czech Republic, Slovakia; whereas the rights of women in all their diversity are protected under the Treaty, including Roma women, black women and women of colour, LBTI women and disabled women; whereas Roma women are particularly affected as regards women’s rights and often face exacerbated forms of verbal, physical, psychological and racial harassment in reproductive health care settings, as has found to be the case in Bulgaria19 ; whereas Roma have also experienced in that Member State, ethnic segregation in maternal health care facilities, and are placed in segregated rooms with segregated bathrooms and eating facilities20 ; whereas in some Member States, such as the Slovak Republic and the Czech Republic, Roma have been subjected to systematic practices of forced and coercive sterilisation and have been unable to obtain adequate reparations, including compensation, for the resulting violations of their human rights21 ; __________________ 19Commissioner for Human Rights of the Council of Europe, Women’s Sexual and Reproductive Health and Rights in Europe, Council of Europe, Strasbourg, 2017, pp. 42-44; Decision of the European Committee of Social Rights of 5 December 2018, European Roma Rights Centre v Bulgaria, Complaint No. 151/2017 ; European Roma Rights Centre, Romani woman harassed by racist hospital staff during childbirth wins case, European Roma Rights Centre, 18 January 2017, http://www.errc.org/press-releases/romani- woman-harassed-by-racist-hospital-staff- during-childbirth-wins-case 20Decision of the European Committee of Social Rights of 5 December 2018, European Roma Rights Centre v Bulgaria, Complaint No. 151/2017. 21Committee on Economic, Social and Cultural Rights, Concluding observations on the third periodic report of Slovakia, 18 October 2019, E/C.12/SVK/CO/3, paras. 44-45; Committee on the Elimination of Racial Discrimination, Concluding observations on the combined twelfth and thirteenth periodic reports of Czechia, 19 September 2019, CERD/C/CZE/CO/12-13, paras. 19-20; Committee on the Elimination of Racial Discrimination, Concluding observations on the combined eleventh and twelfth periodic reports of Slovakia, 12 January 2018, CERD/C/SVK/CO/11-12, paras. 23-24; Human Rights Committee, Concluding observations on the fourth report of Slovakia, 22 November 2016, CCPR/C/SVK/CO/4, paras. 26-27.
Amendment 170 #
2019/2199(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas racist intolerance, xenophobic, Islamophobic, and anti- Semitic sentiment and violence were still prevalent across the EU; whereas Muslims, including Muslim women, continue to experience widespread hostility and intolerance in EU countries; whereas Anti-Semitism appeared to be on the rise, as demonstrated by the report of 4 July 2019 by the EU Fundamental Rights Agency1a, __________________ 1a Young Jewish Europeans: perceptions and experiences of antisemitism, Fundamental Rights Agency, 04 July 2019, https://fra.europa.eu/en/news/2019/young -jews-face-harassment-europe- nevertheless-express-their-jewish-identity
Amendment 173 #
2019/2199(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the racism and discrimination experienced by people of African descent is structural and often intersects with other forms of discrimination and oppression on the basis of sex, race, colour, ethnic or social origin, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; whereas national authorities have not developed policies and measures to tackle discrimination against people of African descent;
Amendment 177 #
2019/2199(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas anti-Gypsyism remains pervasive across the EU, where structural anti-Gypsyism and sustained socio- economic inequalities affect Roma in areas such as housing, healthcare, employment and education; whereas Roma people suffer increased hate speech in public, in social media and by politicians, police violence, including collective punishment, racial profiling, residential and school segregation;
Amendment 187 #
2019/2199(INI)
Motion for a resolution
Recital C
Recital C
C. whereas over the past years there has been a sharp rise in hatred and hate- speech towards minorities and vulnerable groups across the EU, including by politicians; whereas on 1 October 2019, the Council of Europe’s Committee on Legal Affairs and Human Rights approved an investigation into the growing number of national, regional and local politicians prosecuted for statements made in the exercise of their mandate in Spain221a ; __________________ 221aIntroductory memorandum of the Committee on Legal Affairs and Human Rights of the Council of Europe, Should politicians be prosecuted for statements made in the exercise of their mandate?, 1 October 2019, AS/Jur (2019) 35.
Amendment 197 #
2019/2199(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 208 #
2019/2199(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas saving lives is an act of solidarity with those at risk, but first and foremost a legal obligation under both international law, as Article 98 of the United Nations Convention of the Law of the Sea (UNCLOS) – ratified by all Member States and the Union itself – requires States to render assistance to any person in distress at sea1a, and Union law; __________________ 1aSee also the obligations laid down in the 1974 International Convention for the Safety of Life at Sea (SOLAS), the 1979 International Convention on Maritime Search and Rescue (SAR) and the 1989 International Convention on Salvage
Amendment 209 #
2019/2199(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas according to International Organisation for Migration (IOM) figures, in 2019 1 283 people are believed to have died or have gone missing in the Mediterranean Sea on their way to Europe1a; whereas the death toll in the Mediterranean has been on the decline since 2015 (3 771 in 2015, 2 299 in 2018); whereas according to the UNHCR, despite the significant drop in arrivals(141 472 in 2018 as opposed to 1 032 408 in 2015), the route from Libya to Europe is still the migration route with the highest death toll in the world (646 deaths so far in 2019) and was five times deadlier in 2018 than in 2015 notably due to a reduction in search and rescue (SAR) activities off the Libyan coast; __________________ 1ahttps://www.iom.int/news/iom- mediterranean-arrivals-reach-110699- 2019-deaths-reach-1283-world-deaths-fall
Amendment 211 #
2019/2199(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas in its resolution of 18 April 2018 on progress on the UN Global Compacts for Safe, Orderly and Regular Migration and on Refugees, Parliament called for greater search and rescue capacities for people in distress, for greater capacities to be deployed by all states, and for the support provided by private actors and NGOs in carrying out rescue operations at sea and on land to be acknowledged;
Amendment 212 #
2019/2199(INI)
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas the criminalisation of solidarity continued to be used as a tool to disrupt the work of NGOs trying to save lives in the Mediterranean Sea; whereas individuals faced smear campaigns and defamation in Belgium, Croatia, Denmark, France, Germany, Greece, Hungary, Italy, the Netherlands, Spain, Sweden and Poland and faced charges and questioning and lengthy detentions related to the assistance they provided to migrants and asylum seekers, which demonstrates the worrying trend of criminalizing humanitarian assistance;
Amendment 213 #
2019/2199(INI)
Motion for a resolution
Recital E e (new)
Recital E e (new)
Ee. whereas State and non-state sponsored campaigns to discredit human rights defenders and civil society organisations aim through their strategies to overturn existing laws on basic fundamental rights; whereas these campaigns have often been echoed by traditional media and social networks, while those who defend migrants and asylum seekers, the LGBTI+ community, survivors of gender-based violence and other marginalised groups continue to be criminalised and stigmatised;
Amendment 223 #
2019/2199(INI)
Motion for a resolution
Recital F
Recital F
F. whereas pushbacks constitute a violation of EU and international law and prevent migrants from benefiting from the legal guarantees firmly laid down in such law; whereas pushbacks, in some cases accompanied by unjustified violence, were documented in several countries, including Croatia, Greece, Hungary, Romania, Poland, and Spain; whereas the Council of Europe Commissioner for Human Rights expressed grave concern about consistent reports of violent pushbacks by Croatian law enforcement officials25 ; whereas the Council of Europe 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 ; __________________ 25Letter from 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 26Third party 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.
Amendment 226 #
2019/2199(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the Human Rights Defenders World Summit 2018 held in Paris on the twentieth anniversary of the UN Declaration on Human Rights Defenders (HRDs) produced an Action Plan with priorities for states, businesses, financial institutions, donors and intergovernmental organisations in bringing about a safe and enabling environment for the defence of human rights, as well as stronger and more effective protection of human rights defenders at risk, their communities, organisations and movements;
Amendment 234 #
2019/2199(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas, according to the findings of the FRA Fundamental Rights Report 2019, its surveys and various national studies, discrimination and inequalities on different grounds remain realities in everyday life throughout the EU; whereas these findings also consistently show that people who experience discrimination seldom report it; whereas national equality bodies have a key role to play in the promotion of equal treatment and the provision of assistance to victims of discrimination;
Amendment 237 #
2019/2199(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas women, migrants, ethnic, religious and linguistic minorities, LGBTI+ people, people with disabilities, children, elderly people, and people with socioeconomically disadvantaged background, being those in the most vulnerable situations, are faced with serious fundamental rights abuses, including online and offline harassment and violence;
Amendment 242 #
2019/2199(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas the right to self- determination is the right of a people to determine its own destiny and is recognized in international law as a right belonging to peoples and not to states or governments; whereas by virtue of this right citizens freely determine their political status and freely pursue their economic, social and cultural development;
Amendment 243 #
2019/2199(INI)
Motion for a resolution
Recital F e (new)
Recital F e (new)
Amendment 246 #
2019/2199(INI)
Motion for a resolution
Recital F f (new)
Recital F f (new)
Ff. whereas whistle-blowers play an essential role in any open and transparent democracy; whereas whistle-blowers are instrumental in promoting transparency, democracy and the rule of law, by reporting unlawful or improper conduct that undermine the public interest such as acts of corruption, criminal offences or conflicts of interest, which represent threats against citizens’ rights and freedoms;
Amendment 248 #
2019/2199(INI)
Motion for a resolution
Recital F g (new)
Recital F g (new)
Fg. whereas on 3 January 2018, the Council of Europe published its report on ‘Corruption prevention in respect of members of parliament, judges and prosecutors’; whereas according to the Council of Europe’s anti-corruption experts, Spain’s compliance with internationals standards ‘remains globally unsatisfactory’ and authorities made ‘limited progress in measures to tackle corruption in respect of members of parliament, judges and prosecutors’1a; __________________ 1aGRECO, CoE. Fourth evaluation round, Corruption prevention in respect of members of parliament, judges and prosecutors, Interim compliance report Spain. https://rm.coe.int/fourth- evaluation-round-corruption-prevention- in-respect-of-members-of/1680779c4d
Amendment 263 #
2019/2199(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the effects of austerity measures have deeply impacted 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, LGTBI+ people, people with disabilities, Roma, Travellers and other disadvantaged groups with a particular ferocity; reiterates, in accordance with the objectives of the European Pillar of Social Rights and the introduction of social standards to the European Semester, that macroeconomic policies must be guided not only by economic growth but also by social standards;
Amendment 270 #
2019/2199(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that poverty is by itself a form of structural violence and social injustice, which is grounded in gender inequalities, discrimination and unequal chances to access goods and services; highlights that unequal economic trends have generated excessive unemployment and poverty pockets and regrets Member States’ failure to support individuals before they reach the stage of poverty and social exclusion; calls on the Commission and the Member States to guarantee access to health care, quality education, housing and justice on an equal footing for all; urges the Commission and the Member States to establish an adequate guaranteed minimum income scheme across the EU in order to provide decent living standards for individuals and families, which is particularly necessary for those who have no other means of financial support;
Amendment 285 #
2019/2199(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights Article 37 of the Charter, which affirms that measures to protectwards achieving 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 future; highlights that environmental impairment and the failure of some public authorities to provide information about serious environmental risks to which individuals are exposed, may have severe harmful consequences for individuals;
Amendment 339 #
2019/2199(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Strongly affirms that the denial of sexual and reproductive health and rights services is a form of violence against women and girls and stresses that the ECtHR has ruled on different occasions that restrictive abortion laws and preventing access to legal abortion violates the human rights of women; reiterates that the refusal by medical professionals to provide the full range of reproductive and sexual health services on personal grounds must not infringe the right of women or girls to access reproductive care; recommends that Member States take adequate measures to ensure that refusals of care by medical professionals on personal grounds do not hinder women and girls’ access to sexual and reproductive healthcare services;
Amendment 344 #
2019/2199(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Strongly condemns the alarming number of femicides in the EU, which is the most extreme form of violence against women; regrets the lack of available data in some Member States which reflects the lack of recognition of the problem;
Amendment 348 #
2019/2199(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Is deeply concerned about the increased levels of xenophobia and different forms of racism, such as islamophobia, afrophobia, antigypsyism and antisemitism that tend to become normalised in the Member States;
Amendment 361 #
2019/2199(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Strongly condemns the ethnic segregation of Roma women in maternal health care facilities; calls on the Member States to immediately prohibit all forms of ethnic segregation in education and health facilities, including maternal health care settings; calls on the Member States to ensure effective and timely remedies for all survivors of forced and coercive sterilisation, including through the establishment of effective compensation schemes; reiterates its position, calls and recommendations put forward and adopted in its resolution of 25 October 2017 on fundamental rights aspects in Roma integration in the EU: fighting anti-Gypsyism1a and its resolution of 12 February 2019 on the need for a strengthened post-2020 Strategic EU Framework for National Roma Inclusion Strategies and stepping up the fight against anti-Gypsyism1b; in particular, calls on the Commission to propose a Strategic EU Framework on National Roma Inclusion Strategies for the post- 2020 period; __________________ 1a Texts adopted, P8_TA(2017)0413 1b Texts adopted, P8_TA(2019)0075
Amendment 366 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Condemns Member States’ failure to secure equal access to justice and equality before the law for people belonging to racial, linguistic, religious minorities and ethnic minorities, such as Roma, taking shape in over-policing and violations of people´s human rights committed by police officers, such as violent raids resulting in injuries and property damage and severe ill-treatment during detention, as well as failure to bring perpetrators to justice in cases of crimes committed by police officers; condemns also Member States practices in prosecuting human rights defenders testifying against the police or other authorities;
Amendment 371 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recalls on EU and its Member States to combat effectively discriminatory or violent treatment and reactions against the schooling and participation of children from minority backgrounds especially migrant, refugee and Roma children, both through law enforcement and by promoting mutual understanding and social cohesion; calls on Member States to structurally address respect for diversity, intercultural understanding and human rights, including children’s rights, in regular school curricula;
Amendment 375 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Recalls its deep concern regarding the number of stateless people in the EU, a situation which leads to the total denial of their access to social, educational and healthcare services and pushes them to the very margins of society; calls on the Member States to abolish statelessness and ensure the enjoyment of fundamental rights by all;
Amendment 378 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Stresses that gender-based violence is both the consequence and one of the causes of persisting gender inequalities; calls once again on the Commission to set up a European Monitoring Observatory on gender-based violence with accurate and comparable data;
Amendment 379 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Highlights that Female Gender Mutilation (FGM) is a form of gender based violence and ending FGM requires addressing the root causes of gender inequality at the community level, including gender stereotypes and harmful social norms; underlines that the involvement of men and boys in the process of reshaping gender relations and changing behaviour, and in supporting the leading role of women and girls and their empowerment is equally crucial for the elimination of this harmful practice; also stresses the importance of involving community leaders in ending FGM;
Amendment 381 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 f (new)
Paragraph 7 f (new)
Amendment 383 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 g (new)
Paragraph 7 g (new)
7g. Reminds that gender mainstreaming is an indispensable tool to eliminate inequalities, promote gender equality and combat discrimination; reiterates its call to the Commission to introduce gender mainstreaming in all Union policies and activities;
Amendment 384 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 h (new)
Paragraph 7 h (new)
7h. Calls on the Commission and the Member States to improve the availability and comparability of quality disaggregated data in order to measure inequalities and discrimination more accurately; considers that the FRA should carry out enhanced monitoring of discrimination in Member States;
Amendment 386 #
2019/2199(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. CondemnsIs concerned at the alarming increase of hate crime and hate speech motivated by racism, xenophobia or religious intolerance, or by bias on the grounds of disability, sexual orientation, gender identity, sexual characteristics or minority status, such as ethnic or linguistic minorities; condemns all types of incidents of hate crime and hate speech that occur in the EU on a daily basis and have come to be seen as normal in some Member States, as well as the rise of far- right movements in the strongest possible terms; is also concerned at the trivialisation of hate speech which can be attributed to some political figures; calls for a zero tolerance approach to any discrimination on any ground; calls on the EU and the Member States to step up the fight against hate crime and discriminatory attitudes and behaviour; urges Member States to ensure that hate crime victims are afforded specific protection and support, in line with Directive 2012/29/EU on the rights of victims of crime in criminal proceedings; notes that some Member States have extended the protection granted to victims of discrimination based on other grounds, when implementing the EU framework decision on combating certain forms and expressions of racism and xenophobia by means of criminal law, and encourages such extensions; reiterates its call on the Commission to revise, following an impact assessment, the framework decision currently in force, in order to include incitement to hatred on other grounds;
Amendment 400 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recalls that Member States should ensure that hate crime and hate speech is effectively recorded, investigated, prosecuted and tried; calls on the Commission and the FRA to continue their work on monitoring hate crime and hate speech in the Member States, and to report regularly on cases and tendencies;
Amendment 409 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Is strongly concerned that anti- gender equality and LGBTI+ movements as well as far-right movements, have gained ground in a number of Member States; stresses that these movements seek to challenge established fundamental rights and aim at blocking and rolling back laws and policies protecting citizens, particularly those in the most vulnerable situations, against hate crimes and discrimination;
Amendment 416 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Is extremely concerned that while the promotion of fascism is banned in several Member States pursuant to their national laws, neo-fascist movements have gained visibility in their use of fascist symbols and rhetoric in some Member States; is deeply concerned at the increasing normalisation of fascism across the EU; urges the Member States to impose an effective ban on neo-fascist and neo-Nazi groups and any other foundations or associations that exalt and glorify Nazism and fascism;
Amendment 421 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Highlights the need for targeted policies with an intersectional approach to guarantee the fundamental rights of vulnerable groups who experience multiple discrimination, such as women, people with disabilities, refugees, asylum seekers and migrants, religious, linguistic and ethnic minorities, such as Roma, LGBTI+ people, children, elderly people and people with socioeconomically disadvantaged background;
Amendment 427 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Calls on the Council to urgently unblock the proposed Equal Treatment Directive after eleven years of deadlock in order to close the current protection gap in the EU legal framework concerning non-discrimination on grounds of age, disability, religion or belief, or sexual orientation in key areas of life, such as social protection, education and access to goods and services, and to ensure that the EU does not operate an artificial hierarchy of grounds;
Amendment 432 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 f (new)
Paragraph 8 f (new)
8f. Reiterates its call on the Commission to adopt an EU LGBTI strategy that takes into account Parliament’s previous demands, ensuring continuity and a strong follow-up to the work of the previous Commission with the list of actions to advance LGBTI equality; calls on the Commission to take concrete measures to ensure freedom of movement for all families, including LGBTI families, in line with the June 2018 judgment by the Court of Justice of the EU in the Coman case1a; call son the Member States to introduce legislation for equal recognition of same-sex marriages and partnerships so as to ensure full respect for the right to private and family life without discrimination; __________________ 1aC-673/16 - Coman and Others, Judgment of the Court (Grand Chamber) of 5 June 2018
Amendment 439 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 g (new)
Paragraph 8 g (new)
8g. Recognises the important role of civil society and non-governmental organisations in protecting fundamental rights, combating discrimination and promoting minority rights; encourages the Commission and the Member States to provide sufficient funding and support for those organisations;
Amendment 443 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 h (new)
Paragraph 8 h (new)
8h. Recalls Parliament’s resolution of 13 November 2018 on minimum standards for minorities in the EU; reiterates its call on the Commission to draw up a common framework of EU minimum standards for the protection of minorities containing measurable milestones with regular reporting;
Amendment 459 #
2019/2199(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Is deeply concerned about the numerous reports of threats and attacks against journalists across the EU, especially when covering demonstrations; recalls that ensuring full respect for freedom of expression, which includes the right to receive and impart information, is key in democratic societies; urges the Commission and Member States to take measures to guarantee the safety of all journalists, particularly during demonstrations; calls on the Commission to adopt a comprehensive set of measures to deter Strategic Lawsuits Against Public Participation (SLAPPs), protecting the fundamental freedoms not only of journalists and media workers, but also of academia, trade unionists, activists, civil society organisations and individual citizens, including human rights defenders, affected by SLAPPs;
Amendment 479 #
2019/2199(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Condemns the use of violent and disproportionate interventions by law enforcement authorities during peaceful demonstrations; encourages the relevant national authorities to ensure a transparent, impartial, independent and effective investigation when the use of disproportionate force is suspected or has been alleged; recalls that law enforcement agencies are fully accountable for the fulfilment of their duties and their compliance with the relevant legal and operational frameworks; recommends to define criteria for risk assessment and use of anti-riot gear in order to clearly determine responsibilities associated with the chain of command and to have a clear identification of the acting police officers to enable them to investigate possible excesses and to avoid impunity;
Amendment 483 #
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 activitiest role that civil society plays to defend and promote the principles enshrined in Article 2 TEU, including respect for human dignity, equality, fundamental rights, democracy and the rule of law; stresses the need to ensure an enabling environment for civil society organisations, where these can operate free from attacks and without unnecessary or arbitrary restrictions as well as adequate funding to support civil society activities; condemns the restrictions in access to funding of civil society organisations which, in some Member States, has a more systemic aspect in the form of legal and policy changes and are severely affecting their work and legal standing;
Amendment 495 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that the increasing mobilisations of protesters across Europe are manifold: they include economic inequalities, decreasing trust in the traditional political elites and institutions, violations of fundamental rights and democratic rules and the will of citizens to be better heard; highlights that the right to peaceful protest and peaceful assembly is connected with the right to freedom of expression and its protection is crucial for the good health of democratic societies; reminds that the authorities of Member States have the obligation to safeguard the right of all persons to express their views freely in the context of public assemblies, as well as to protect assemblies against those who want to deny others the right to demonstrate and to make their views heard1a, __________________ 1a https://www.coe.int/en/web/commissioner/ -/shrinking-space-for-freedom-of- peaceful-assembly
Amendment 505 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Insists that regular and comprehensive monitoring and analysis are crucial to understand the challenges faced by civil society across Europe; calls for a revision of the mandate of the EU Fundamental Rights Agency which would enable the Agency to receive and investigate complaints and carry out country specific assessments;
Amendment 508 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Urges the Commission to take legal action when laws are adopted in Member States which limit civic space, in violation of the Charter, including by launching infringement proceedings;
Amendment 509 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Calls on all Member States to ensure that counter-terrorism laws, including those implementing Directive 2017/541 on combatting terrorism1a, are implemented in a manner that does not arbitrarily or disproportionately interfere with the rights to freedom of expression, association or assembly, does not discriminate against particular ethnic or religious communities, and protects the right to liberty and the right to a fair trial; __________________ 1aDirective (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA
Amendment 512 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Condemns the use of legislation aimed at protecting citizens to supress legal dissent, such as the abuse of criminal offenses referring to “glorification of terrorism” against legitimate dissidents, hate speech laws against artists critical of police abuses and blasphemy laws in some Member States;
Amendment 513 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 f (new)
Paragraph 11 f (new)
11f. Is deeply concerned about the broad scope of domestic legislative frameworks to implement surveillance measures and access electronic information, without adequate judicial oversight and safeguards ensuring due consideration to the right to privacy and the right to a fair trial, where such information may lead to criminal investigations, thus failing to ensure that government agencies operate within the rule of law;
Amendment 514 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 g (new)
Paragraph 11 g (new)
11g. Condemns the deployment of face and other biometric remote recognition technologies by Member States in potential breach of Art.9(1) and 9(2)(g) of the General Data Protection Regulation (GDPR) since it does not meet the requirement of "necessary for reasons of substantial public interest” and Art.4(1), 8(1)and 10 of the Law enforcement Data Protection Directive, since such systems pose serious threats to freedom of assembly and association;
Amendment 515 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 h (new)
Paragraph 11 h (new)
11h. Calls on the European Commission to launch infringement procedures against Member States whose laws implementing the invalidated Data Retention Directive were not repealed to be in line with the CJEU judgements in joined Cases C-203/15 and C-698/15 - Tele2 Sverige, and joined cases C-293/12 and C-594/12 - Digital Rights Ireland;
Amendment 516 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 i (new)
Paragraph 11 i (new)
11i. Reminds that the right to self- determination is a universal right and is recognised as the right of all peoples to freely determine their political status and freely pursue their economic, social and cultural development, as is laid down in Article 1 common to the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR); calls on the EU institutions and Member States to respect and defend the right of peoples to self-determination as well as the cultures, identities, languages and all democratic and peaceful political ambitions of European peoples; stresses that article 1 TEU states that the EU aims at creating an ever closer Union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen;
Amendment 549 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Strongly condemns attacks and harassment against human rights activists and humanitarian workers and efforts or attempts to criminalise humanitarian assistance; reiterates that safe and legal pathways are the best way of avoiding loss of life; urges Member States to intensify resettlement measures and put in place humanitarian corridors to the EU;
Amendment 555 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Is deeply concerned about the adoption in some Member States of national legislation which blatantly violates fundamental rights and criminalise humanitarian assistance to people in distress; strongly condemns criminal proceedings initiated in some Member States against civil society organisations and individual citizens for providing assistance to people in distress and calls for their prompt and full acquittal;
Amendment 560 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Stresses that undocumented migrant should be able to fully enjoy their basic fundamental rights, no matter what their legal or administrative status is; expresses its serious concern at the situation of migrants and asylum seekers who are smuggled to the EU and the necessity to open legal and safe migration and asylum routes; recalls that women and children may be compelled to exchange sex for protection or basic support to survive, and that this is often due to gaps in assistance, failures of registration systems and of compliance with the principle of the best interests of the child, family separation or the absence of safe and legal means of entry into the EU;
Amendment 563 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Recalls that the use of the word “illegal” when referring to migrants negatively impacts the general public’s perception of migrants, legitimising policies that are not in line with human rights guarantees and contributing to xenophobia and discrimination, as well as to public backlashes, threats and violence against NGOs supporting refugees and other migrants[1]; [1]https://rm.coe.int/expert-council-conf- exp-2019-1-criminal-law-ngo-restrictions- migration/1680996969
Amendment 565 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13e. Urges the Commission and the Member States to address the current worrying situation in hotspots, paying particular attention to women and children; calls on the EU and the Member States to step up action to end the detention of children, particularly in the context of migration across the EU, and to work out community-based alternatives to detention, as well as prioritising integration, education and psychological support; stresses that an unaccompanied child is above all a child who is potentially in danger and that child protection, rather than migration policies, must be the leading principle for Member States and the European Union when dealing with them, thus respecting the core principle of the child’s best interests;
Amendment 566 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
13f. Calls on the EU Member States to enhance proactive search and rescue operations by providing sufficient vessels and equipment specifically dedicated to search and rescue operations and personnel, along the routes where they can make an effective contribution to the preservation of lives, whether under the umbrella of a Frontex-coordinated operation, or under international or separate national or regional operations, preferably civil operations; calls on the Commission to support such initiatives politically and financially; calls on Member States to make full use of all vessels able to assist in search and rescue operations, including vessels operated by NGOs; believes that NGO vessels and merchant shipping should not be a substitute for the due fulfilment by the Member States and the Union of their search and rescue obligations as part of a more long-term, structural and coordinated approach;
Amendment 567 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 g (new)
Paragraph 13 g (new)
13g. Calls on Member States and Frontex to step up their efforts in support of search and rescue operations in the Mediterranean and expresses its satisfaction at the large number of people that Frontex rescued in 2018 and 2019; regrets that this positive contribution to search and rescue activities was not enough to considerably lower the death toll in the Mediterranean;
Amendment 568 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 h (new)
Paragraph 13 h (new)
13h. Reiterates its urge to the Commission to adopt guidelines for Member States specifying which forms of assistance should not be criminalised, in order to ensure greater consistency in the criminal regulation of facilitation across Member States and limit unwarranted criminalisation;
Amendment 569 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 i (new)
Paragraph 13 i (new)
13i. Calls on the Commission to start work immediately on a new, more sustainable, reliable and permanent approach to search and rescue, replacing existing ad hoc solutions, to develop a specific operational action plan to assess and respond to SAR needs and capacities and to provide material and financial support to Member States in order to enhance their capacity for saving lives at sea and coordinating search and rescue operations;
Amendment 570 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 j (new)
Paragraph 13 j (new)
13j. Call son the Commission to include a sustainable and fair relocation mechanism for persons arriving by sea in its planned relaunch of the reform of asylum rules;
Amendment 573 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Expresses grave concern about serious attacks against the rule of law in some Member States; recalls that the independence, impartiality and accountability of the judiciary, as well as the independence of lawyers and prosecutors, are fundamental to the Rule of Law and the protection of fundamental rights; urges the Commission to promptly and thoroughly scrutinise Member States legislations’ consistency with EU law, and to initiate infringement proceedings in case these were to be found in breach of EU law;
Amendment 578 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Notes the efforts of the Commission and the Council to ensure that all Member States fully uphold the rule of law, democracy and fundamental rights, but also the limited impact so far of the procedures initiated under Article 7(1) TEU; takes the view that the EU should be able to initiate infringement procedures against Member States that are no longer upholding the values enshrined in Article 2 TEU, and that Article 7 TEU should be activated if all other remedies have failed; takes the view that the EU’s ineffectiveness as regards putting an end to the serious and persistent breaches of the values referred to in Article 2 TEU in some Member States is undermining both trust among the Member States and the credibility of the EU; emphasises furthermore that the persistent failure to address these breaches has encouraged other Member States to follow the same path; invites the Council to examine and follow up any proposals from the Commission and Parliament relating to infringement procedures and possible sanctions;
Amendment 581 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Recalls the need for an impartial and regular assessment of the situation with regard to the rule of law, democracy and fundamental rights in all the Member States; stresses that such an assessment must be based on objective criteria; recalls in this regard that the Council also has a key role to play in safeguarding the rule of law and the other values referred to in Article 2 TEU, and welcomes the efforts made by certain Member States to ensure that within the Council a regular assessment takes place of the situation with regard to the rule of law in each Member State; calls on the Council to take swift action with a view to achieving this aim; furthermore recalls Parliament’s resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights; reiterates its call on the Commission to submit, on the basis of Article 295 TFEU, a proposal for the conclusion of a Union Pact for democracy, the rule of law and fundamental rights (EU Pact for DRF), in the form of an interinstitutional agreement laying down arrangements facilitating cooperation between the Union institutions and the Member States in the framework of Article 7 TEU; considers that this would be a fair, balanced, regular and preventive mechanism for dealing with possible breaches of the values listed in Article 2 TEU, which could function similarly to the European Semester for economic policy; recalls the intrinsic link that exists between the rule of law and fundamental rights and the need to make all Europeans more aware of the EU’s common values and the Charter; underlines the importance of Parliament sending ad hoc delegations to Member States when there is clear evidence of serious breaches of democracy, the rule of law and fundamental rights;
Amendment 585 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Highlights that political influence or control of the judiciary, other forms of intimidation or interference by governments or other powerful actors, the corruption of judges, lawyers or prosecutors, as well as lack of independence of individual judges within a judicial hierarchy, manipulation of assignment of cases, controversial judicial appointments and systems of election of judges and similar barriers to independence of individual judges, have often resulted in the judiciary itself being unable or unwilling to fulfil its role as an independent check on the arbitrary use of power by the executive and legislative branches of government, as an impartial arbiter of disputes and as a guarantor of the fair administration of justice and fair trial rights;
Amendment 586 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13e. Deeply regrets that, instead of upholding and strengthening judicial independence, impartiality and accountability, some governments and politicians in some Member States interfere with the judiciary and even resort to threats against judges; recalls that the independence of judges is not a prerogative or privilege granted in judges’ own interest but in the interest of the rule of law and of persons seeking and expecting impartial justice; stresses that judges’ impartiality and independence are essential to guarantee the equality of parties before the courts and should be regarded as a guarantee of freedom, respect for fundamental rights and impartial application of the law; condemns the use of the judiciary system for political purposes, which seek to damage, delegitimize and silence political dissent; stresses that the concept of “lawfare” is being used to define and label these sort of situations;
Amendment 587 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
Amendment 588 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 g (new)
Paragraph 13 g (new)
13g. Condemns the failure of many Member States to improve prison conditions and tackle prison overcrowding, in particular through the adoption of measures to address the continued overuse of pre-trial detention instead of alternative measures which do not involve the deprivation of liberty, and calls on the Commission to propose legislation setting EU standards;
Amendment 589 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 h (new)
Paragraph 13 h (new)
13h. Recalls that pre-trial detention is intended to be an exceptional measure, to be used only in cases where it is strictly necessary, proportionate, for the shortest possible period of time and in compliance with the presumption of innocence and the right to liberty; regrets the excessive use of pre-trial detention in some Member States and the lack of reviews of detention to ensure that pre-trial detention as a measure of last resort is duly justified;
Amendment 590 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 i (new)
Paragraph 13 i (new)
13h. Highlights the link between corruption and fundamental rights violation in accordance to the diagnosis made by the GRECO group of the Council of Europe, in a number of areas such as the independence of the judiciary, freedom of expression of journalists and whistleblowers, freedom of assembly, detention facilities, social rights, discrimination in the enjoyment of basic rights, and the trafficking of human beings;[1][1]https://rm.coe.int/factsheet- human-rights-and- corruption/16808d9c83
Amendment 595 #
2019/2199(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that whistle-blowers are instrumental to resolve many of the challenges of our democracies, including the fight against grand corruption and money laundering, as well as new challenges such as threats to individual freedom through the mass fraudulent use of personal data, activities causing serious environmental harm or threats to public health; stresses there is an urgent need to implement targeted measures which encourage people to report the relevant facts and afford better protection to those who take the risk of doing so; calls on the Commission to closely follow the transposition of the Whistle-blower Directive into EU member states’ national law within two years from its entry into force as is legally required;
Amendment 601 #
2019/2199(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on the EU institutions and Member States to proceed expeditiously to negotiate and ratify an accession agreement for the EU to accede to the European Convention on Human Rights, as is required by the EU treaties, in a manner that establishes full accountability for violations of ECHR rights by the EU institutions and EU Member States acting pursuant to EU law, and ensures effective access to justice for victims of such violations;
Amendment 603 #
2019/2199(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Urges the EU to reform its Treaties to allow judicial reviews of fundamental rights by the Court of Justice of the European Union by making the European Charter of Fundamental Rights directly applicable in all areas and all Member States; asks to allow individuals to initiate proceedings against a Member State for violations of fundamental rights if domestic remedies have been exhausted;
Amendment 15 #
2019/2176(INI)
Draft opinion
Recital I a (new)
Recital I a (new)
Ia. whereas the Petitions committee has received several petitions regarding Turkey, among others critical towards the 2016 EU-Turkey statement on addressing the migration crisis, and concerned with the respect of human rights and international law, particularly with regard to the Kurdish people and the incursions into Syrian territory;
Amendment 16 #
2019/2176(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the European Commission, the High Representative for Foreign Affairs and Security Policy, the EU Council and all EU Member States to table a new resolution in the UN Security Council calling for political and economic sanctions against Turkey for its acts of aggression in the eastern Mediterranean and for its non-compliance withthe resumption of the UN-led negotiations between Turkey and Cyprus; reiterates its support for a fair, comprehensive and viable settlement on the basis of a bi-communal, bi-zonal federation with a single international legal personality, single sovereignty and single citizenship and with political equality between the two communities, as defined by the relevant UN Security Council resolutions, in accordance with international law and the EU acquis and on the basis of respect for the principles on which the Union is founded; calls on Turkey to begin withdrawing its troops from Cyprus, to transfer the sealed-off area of Famagusta to the UN in accordance with UN Security Council Resolutions 550 (1984) and 789 (1992) of the UN Security Council. , and to refrain from actions altering the demographic balance on the island through a policy of illegal settlements; stresses the need for the implementation of the EU acquis on the whole island.
Amendment 20 #
2019/2176(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the EU delegation in Turkey to closely monitor the use of EU funds disbursed as a result of the EU- Turkey statement; stresses that EU funds and any facilities funded by the EU cannot be used to forcefully return refugees to Syria; reiterates that any returns to Syria must be voluntary, safe and dignified, and done under the control of the UNHCR;
Amendment 1 #
2019/2166(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to Articles 2 and 3(3) of the Treaty on European Union (TEU), and Articles 6, 8, and 867 of the Treaty on the Functioning of the European Union (TFEU),
Amendment 3 #
2019/2166(INI)
Motion for a resolution
Citation 2
Citation 2
— having regard to Articles 21, 23, 24, and 247 of the Charter of Fundamental Rights of the European Union (CFR),
Amendment 15 #
2019/2166(INI)
Motion for a resolution
Citation 8
Citation 8
— having regard to the 2030 Agenda for Sustainable Development which entered into force on 1 January 2016, and, in particular, to Sustainable Development Goal (SDG) 5 on gender equality, as well as SDG 16.2 on ending all forms of violence against children so every child can live free from fear, neglect, abuse and exploitation,
Amendment 18 #
2019/2166(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— havingregard to the Commission communication of 12 November 2020 entitled‘ Union of Equality: LGBTIQ Equality Strategy 2020-2025’ (COM(2020) 698),
Amendment 24 #
2019/2166(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
— having regard to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime,
Amendment 42 #
2019/2166(INI)
Motion for a resolution
Recital A
Recital A
A. whereas gender equality is a fundamental value and an objective of the EU; whereas gender-based violence is an extreme form of discrimination against women, a violation of human rights, and one of the biggest obstacles to achieving gender equality;
Amendment 46 #
2019/2166(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas gender-based violence, both physical and psychological, are widespread and affect women at all levels of society, regardless of age, education, income, social position or country of origin or residence;
Amendment 49 #
2019/2166(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, in spite of numerous instances of formal recognition and progress having been made on gender equality, women and men do not enjoy the same rights in practicere still discriminated and put in a situation of disadvantage, and social, economic and cultural inequalities persist;
Amendment 53 #
2019/2166(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 55 #
2019/2166(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas the present decade is witnessing a visible and organised offensive at global and European level against gender equality and women’s rights, including in the EU;
Amendment 57 #
2019/2166(INI)
Motion for a resolution
Recital C
Recital C
C. whereas intimate partner violence refers to any act of physical, sexual, psychological or economic violence that occurs between former or current spouses or partners, whether or not the perpetrator shares or has shared a residence with the victim; whereas intimate partner violence is one of the most prevalent forms of gender-based violence, with an estimated 22 % of women having experienced physical and/or sexual violence, and 43 % having experienced psychological violence by their partner6 ; whereas women and children are disproportionately affected by this type of violence; whereas domestic violence refers to “all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim”, as defined by the Istanbul Convention; whereas domestic violence is a serious and often hidden social problem that can cause systematic physical and psychological trauma with serious consequences for the victims, as the perpetrator is a person the victim should be able to trust; _________________ 6FRA report of 3 March 2014 entitled ‘Violence against women: an EU-wide survey’.
Amendment 77 #
2019/2166(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas during the lockdowns, a significant rise in domestic violence against LGBTI people, especially young people, was reported;
Amendment 78 #
2019/2166(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas shelters and other initiatives providing safety for women and children in distress have experienced an increase in demand during lockdown and other pandemic-related measures, that has left many of them without adequate and timely protection;
Amendment 80 #
2019/2166(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
D c. whereas the 2014 FRA Survey on violence against women shows that victims had reported their most serious incidents of partner violence to the police in only 14 % of cases, which proves a vast ratio of underreporting;
Amendment 81 #
2019/2166(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
D d. whereas children of perpetrators of intimate partner violence are often the object of ill-treatment as a way to exercise power and violence against the mother, a phenomenon known as vicarious violence and a form of gender-based violence;
Amendment 85 #
2019/2166(INI)
Motion for a resolution
Recital E
Recital E
E. whereas children may also suffer ‘witnessed violence’ in the family environment, through experiencing any form of ill-treatment, carried out through acts of physical, verbal, psychological, sexual and economic violence against reference figures or other affectively significant figures; whereas such violence has very serious consequences for the psychological and emotional development of the child, and whereas it is therefore essential to pay due attention to this type of violence in separations and parental custody arrangements, takingensuring that the best interests of the child into accountare the primary consideration, in particular in order to determine custody and visitation rights in separation cases;
Amendment 91 #
2019/2166(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the so called parental alienation syndrome (PAS) is used as an strategy against victims of gender-based violence; whereas two of the most prestigious institutions on mental health, namely the World Health Organisation and the American Association of Psychology, reject the use of PAS;
Amendment 93 #
2019/2166(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, in order to address the issue of the eradication of gender-based violence, it is necessary to rely on consistent and comparable administrative data, based on a robust and coordinated framework of data collection; whereas the current available data collected by the Member States’ law enforcement and justice authorities fail to reflect the full extent of intimate partner violence, as most Member States neither collect gender- segregated comparable data on gender- based violence nor do they recognise intimate partner violence as a specific offence; whereas data is also lacking on the heightened risks and prevalence of domestic and intimate partner violence for specific groups, such as older women, disabled women, women of colour and black women, lesbian, bisexual, trans and intersex women;
Amendment 101 #
2019/2166(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas women and children across the EU are not equally protected against gender-based violence owing to differing policies and legislation across the Member States;
Amendment 102 #
2019/2166(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas police and judicial systems often do not provide sufficient support to women and children; whereas, in many cases,victims of gender-based violence can be subjected to degrading comments by law enforcement officials which exacerbates their fear of reporting the violence;
Amendment 111 #
2019/2166(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the right of every child to maintain contact with both parents, implied in Article 8 of the ECHR and Article 9 of the CRC, mayshould be restricted byif necessary for the best interests of the child;
Amendment 114 #
2019/2166(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas according to article 12 of the UN Convention on the Rights of the Child, children have the right to express their views in all matters affecting them, including in judicial and administrative proceedings, and their views have tobe given due weight in accordance with the age and maturity of the child;
Amendment 119 #
2019/2166(INI)
Motion for a resolution
Recital I
Recital I
I. whereas criminal proceedings arising from a complaint of domestic violence are often dealt with completely separately from separation proceedings; whereas this can mean that shared custody of the children is ordered and/or visitation rights imposed that endanger the rights and safety of the victim orand the children;
Amendment 121 #
2019/2166(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas according to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which non-discriminatory access to justice for all is instrumental;
Amendment 129 #
2019/2166(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the Istanbul Convention requires the Parties to adopt legislative or other necessary measures to ensure that incidents of domestic violence are taken into account when determining custody and visitation rights in relation to children, and that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or their children; whereas the Istanbul Convention has not been ratified yet by Bulgaria, Czechia, Hungary, Lithuania, Latvia, Slovakia nor the EU;
Amendment 135 #
2019/2166(INI)
Motion for a resolution
Recital L
Recital L
L. whereas shared custody in situations of intimate partner violence exposes womenvictims to a continuum of preventable violence, by forcing them to stay in geographical proximity to their abusers, and subjecting them to further exposure to physical and psychological violence, as well as emotional abuse; whereas, in cases of intimate partner violence, the right of women and children to be protected and live a life free of physical and psychological violence should take precedence over the preference for shared custody;
Amendment 142 #
2019/2166(INI)
Motion for a resolution
Recital M
Recital M
M. whereas intimate partner violence is inherently interlinked with violence against children and child abuse; whereas being exposed to domestic violence is to be considered as violence against children; whereas children who are exposed to domestic violence are likely to suffer negative mental and physical health consequences that could be acute and chronic in nature; whereas child victimisation in situations of violence against women may continue and escalate in the context of parental disputes over custody and care;
Amendment 146 #
2019/2166(INI)
Motion for a resolution
Recital N
Recital N
N. whereas growing up in a violent domestic environment has important implications for the child’s development and subsequent behaviour as an adulphysical, emotional, and social development; whereas exposure to violence as a child, either through experiencing maltreatment and/or witnessing partner violence, constitutes a risk factor for becoming vulnerable to victimisation or committing violence as an adult;
Amendment 156 #
2019/2166(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas the automatic recognition of rulings on proceedings linked to custody rights where gender-based violence is involved are problematic since legislation on gender-based violence differ in each Member State and not all Member States recognise intimate partner violence as a criminal offence and a form of gender-based violence; whereas minimum harmonisation on rules on gender-based violence, including provisions to ensure that incidents of domestic violence are taken into account when determining custody and visitation rights, are essential to ensure a common area of freedom, security and justice;
Amendment 157 #
2019/2166(INI)
Motion for a resolution
Recital P b (new)
Recital P b (new)
P b. Whereas civil society organisations, in particular those working with and for children and victims of domestic and gender-based violence, are an important player in preventing and dealing with domestic and intimate partner violence; whereas such organisations can also provide valuable contributions to policies and legislation following their grassroots experience;
Amendment 158 #
2019/2166(INI)
P c. Whereas European funding programmes such as the Justice Programme and the Citizens, Equality, Rights and Values can be used for activities for the protection and support of victims of domestic and gender-based violence, including to ensure access to justice and financing of civil society organisations working with victims;
Amendment 160 #
2019/2166(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Strongly condemns all forms of gender-based violence, domestic violence, and violence against women and deplores the fact that women, in all their diversity, continue to be exposed to intimate partner violence which constitutes a serious violation of their human rights and dignity;
Amendment 166 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls for ratification and implementation of the Istanbul Convention at a national and EU level; calls on the Member States to take all the necessary legislative or other measures to ensure that, in the determination of custody and visitation rights of children, incidents of intimate partner violence are taken into account and that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or children; commends all campaigns advocating the ratification and implementation of the Istanbul Convention and strongly condemns all attempts to discredit it;
Amendment 168 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Points at the alarming figures on gender-based violence, which unveils a patriarchal society, based on power structures that need to be reshaped as a matter of urgency;
Amendment 171 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Calls on the Commission to add gender-based violence to the list of EU areas of crime under Article 83(1) TFEU, taking into account the special need to combat this crime on a common basis; calls on the Commission to use this as a legal basis to propose binding measures and a holistic EU framework directive to prevent and combat all forms of gender- based violence, including the impact of intimate partner violence on women and children, and contain uniform standards and due diligence obligation to collect data, to prevent, to investigate, to protect the victims and the witnesses, and to prosecute and punish the perpetrators; recalls that such new legislative measures should in any case be coherent with the rights and obligations of the Istanbul Convention and should be complementary to its ratification; recommends that the Istanbul Convention should be seen as a minimum standard and aspire to make further progress to eradicate gender- based and domestic violence;
Amendment 174 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Is deeply concerned about the still alarming number of femicides in Europe, which is the most extreme form of violence against women;
Amendment 177 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Stresses that measures to combat gender-based and domestic violence need to incorporate an intersectional approach with the aim of preventing blind spots which would cause certain women to be left out or even reinforce exiting discriminations;
Amendment 180 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Stresses that violence against children is often the result of gender- based violence, either as witnesses of violence perpetrated against their mothers or as the direct object of ill-treatment suffered which attempts to dominate and exercise violence against their mothers;
Amendment 190 #
2019/2166(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. NRecalls that in all actions concerning a child, their best interest shall be the primary concern; notes that, in principle, shared custody and unsupervised visits are desirable in orderfor the child to ensure that parents enjoy equal rights and responsibilities, as well as to safeguard the best interests of the child; underlines, however, that intimate partner violence is clearly incompatible with sharedthe best interests of a child and with custody and care, owing to its severe consequences for women and children, including the risk of extreme acts of femicide and infanticide; stresses that when establishing the arrangements for custody allocation and visitation rights, the protection of women and children from violence and the best interests of the child must be paramount and should take precedence over other criteria; stresses, therefore, that awarding exclusive custody to the non-violent partner, most frequently the mother, represents the best alternative in order to prevent further violence and secondary victimisation of the victims;
Amendment 195 #
2019/2166(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for mandatory targeted training for judicial and law enforcement officers, abouts well as all public servants dealing with cases of gender-based violence and child abuse, and legal practitioners dealing with separation and custody cases about all forms of domestic violence and its mechanisms, including coercion, manipulation and psychological violence, and about the relevance of intimate partner violence to children’s rights, and to their protection and well- being, as well as to provide adequate skills to enable the officers to assess the situation using reliable risk assessment tools and adequate skills to detect signs of abuse; stresses the need to evaluate mechanisms of detecting these signs by professionals involved, e.g. with a methodology of Serious Case Review; stresses that civil society organisations working with and for children and victims of domestic and gender-based violence should be asked to provide or at least be associated in these trainings to share their knowledge and expertise following on the ground experiences;
Amendment 206 #
2019/2166(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on Member States to set up a platform for the regular exchange of best practices between civil and criminal courts, legal practitioners dealing with cases of domestic and gender-based violence, child abuse, separation and custody cases, and all other relevant stakeholders;
Amendment 207 #
2019/2166(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Calls on the Commission and the European judicial network to set up a European platform for mutual learning and sharing of best practice between legal practitioners and policy makers of different Member States working in all relevant fields;
Amendment 215 #
2019/2166(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Strongly recommends that Member States establish specialised courts and judicial offices, as well as appropriate laws, training, procedures and guidelines for all professionals dealing with the victims, including raising awareness of gender-based violence, in order to avoid discrepancies between judicial decisions and discrimination or secondary victimisation during judicial, medical and police proceedings, ensuring that children and women are duly heard and their protection and reparation is given priority; emphasises the need to strengthen dedicated judicial offices and child and female victim- friendly justice, limiting the excessive discretionary powers of practitioners and establishing checks on child custody procedures by qualified professional figures;
Amendment 233 #
2019/2166(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the importance of action at both EU and national level to reach agreement on common legal definitions, as this type of witnessedestablishing at EU level common legal definitions and of minimum harmonisation of rules on combating gender-based violence and the protection of children of victims of gender-based violence, as intimate-partner violence, witnessed and vicarious violence isare not recognised in many legal systems and; in addition, points out the lack of common legal definitions has a direct impact on data collection in the police and judicial sectors, and on cross- border cooperation;
Amendment 239 #
2019/2166(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls for the recognition of institutional violence that may be committed by public servants in the exercise of their functions with appropriate sanctions and measures for the protection and reparation of the victims;
Amendment 241 #
2019/2166(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. CWelcomes the Commission’s commitment to carry out a new EU survey on gender-based violence with results presented in 2023; stresses the need to collect harmonised data on gender-based violence on a regular basis and calls on the Commission and the Member States to set up a permanent mechanism to provide quality, gender- segregated and comparable EU-wide data on the prevalence, causes, consequences and management of intimate partner violence and custody rights, making full use of the capacity and expertise of the EIGE and Eurostat; calls on the Commission and Member States to ensure that data is disaggregated by age, sexual orientation, gender identity, sex characteristics, race and ethnicity, disability status among others to ensure that experiences of women in all their diversity are captured;
Amendment 260 #
2019/2166(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expresses its concern about the fact that discriminatory gender bias often leads to a lack of trust in women, in particular concerning presumed false allegations of child abuse and of domestic violence; stresses therefore the importance of measures aimed at combating gender stereotypes and patriarchal biases trough education and awareness-raising campaigns;
Amendment 277 #
2019/2166(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that perpetrators often use litigation to extend their power and control, and to continue to intimidate and incite fear in their victims; stresses that perpetrators often abuse, or threaten to harm or to take the children, in order to harm their partners and ex-partners; recalls that this is also a form of gender-based violence;
Amendment 289 #
2019/2166(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to promote better access to legal protection, effective hearings and restraining orders, shelters, counselling and victim funds for women victims of intimate partner violence, and to apply particular procedures and give support to mothers who are victims of domestic violence, in order to prevent them from becoming victims again as a result of shared custody or completely losing custody of their children;
Amendment 293 #
2019/2166(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Urges Members States to ensure that access to justice and victim support is accessible, adequate and free to all women victims of intimate partner violence in all their diversity, in particular regardless their residence and migration status and ensuring interpretation services where needed; calls to ensure that services take into consideration the intersecting forms of discrimination suffered by women with ethnic and religious minority backgrounds, as well as women with disabilities and young women;
Amendment 301 #
2019/2166(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Calls on Member States to set up an annual campaign to inform children and raise awareness on children’s rights; calls on the Member States to establish specific centres to attend children victims of violence, with paediatricians and therapists also specialised in gender based-violence; calls on the Member States to establish contact points for children that are easily accessible, including by telephone, e-mail, online chat etc, where they can talk about and ask questions as well as report violence against themselves, a parent or a sibling and where they can get information, advice or be referred on for more help;
Amendment 307 #
2019/2166(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10 c. Calls on the Member States, as laid down in Article 16 of the Istanbul Convention, to take the necessary legislative or other measures to set up or support programmes aimed at teaching perpetrators of domestic violence to adopt non-violent behaviour in interpersonal relationships with a view to preventing further violence and changing violent behavioural patterns; recalls that, in doing so, Member States must ensure that the safety of, support for and the human rights of victims are of primary concern and that, where appropriate, these programmes are set up and implemented in close co-ordination with specialist support services for victims;
Amendment 315 #
2019/2166(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to promote EU-wide public awareness campaigns as a necessary measure in the prevention of gender-based violence and domestic violence and the creation of a climate of zero tolerance towards violence; calls on Member States to complement such a European campaign by spreading information about where victims and witnesses can report such violence, including beyond the end of the campaign;
Amendment 321 #
2019/2166(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 343 #
2019/2166(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that hearing from the child is importantessential to establish what is in the best interests of the child while examining custody cases; points out nevertheless that in every case, but crucially in cases where intimate partnership violence is suspected, such hearings shouldmust be conducted in a child- friendly environment, with no pressure or influence from parents or relatives, by trained professionals, including those qualified in child neuropsychiatry, to avoid deepening the trauma and victimisation;
Amendment 345 #
2019/2166(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Urges that in suspected cases of child abuse the principle ‘in dubio pro- filis’ should prevail, applying immediate interim measures while the facts are investigated;
Amendment 346 #
2019/2166(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Calls for the prohibition of the use of PAS which punishes mothers who attempt to report cases of child abuse or gender based violence;
Amendment 347 #
2019/2166(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Stresses that courts dealing with child abuse should be specialised in gender-based violence, too;
Amendment 349 #
2019/2166(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the importance of the exchange of information between courts, the central authorities of Member States and police bodies, especially in relation to cross-border custody cases; hopes that the revised rules under 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 abduction7 will enhance the cooperation between judicial systems to effectively determine the best interests of the child, irrespective of their parents’ marital status or family constitution, and the victims of intimate partner violence; calls, in this context, on the Commission and the Member States to implement the Brussels IIa Regulation effectively; requests the Commission to report back to the European Parliament on the implementation and impact of these regulations, including in the context of partner violence and custody rights, at the latest by August 2024. _________________ 7 OJ L 178, 2.7.2019, p. 1.
Amendment 356 #
2019/2166(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the need to recognise the interconnectedness of criminal, civil and other legal proceedings in order to coordinate the judicial responses to intimate partner violence and to avoid discrepancies between judicial decisions that are harmful to children and women victims; calls to this end on Member States to organise training of all professionals as well as volunteer workers involved in such proceedings, and to associate civil society organisations working with and for children and victims in these trainings;
Amendment 360 #
2019/2166(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the Commission and Member States to involve relevant civil society organisations, in particular those working with and for children as well as victims of domestic and gender-based violence, in the development, implementation and evaluation of policies and legislation; calls for providing structural support at European, national and local levels for these CSOs, including financial support, to increase their capacity to react and advocate as well as to ensure adequate access for all people to their services, counselling and support activities;
Amendment 265 #
2019/2161(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47a. Highlights the need to promote and support the decarbonisation of the fisheries fleet, currently depending 100% on fossil fuels, in order to effectively contribute from the fisheries sector to the European Green Deal and support the access of the young generation to the fisheries sector with innovative initiatives.