114 Amendments of Sophie WILMÈS
Amendment 50 #
2024/2109(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights the importance of having a Framework Programme based on excellence in order to ensure participation of the best researchers in Europe through the whole programme.
Amendment 65 #
2024/2109(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is deeply convinced that EU spending on science, research and innovation is the best investment in our common European future and for increasing competitiveness; agrees with Mr Draghi that all public R&D spending in the EU should be better coordinated at EU level and that a reformed and strengthened FP is crucial in achieving this;, meaning properly aligning investments with the EU strategic priorities, focusing on funding initiatives that achieve relevant impact and create added value; and that a reformed and strengthened FP is crucial in achieving this; at EU level and that a reformed and strengthened FP is crucial in achieving this; Recognizes that investments in research, development, and innovation in Europe are lagging behind China and the US, and that technology transfer is essential to address current EU innovations gaps.
Amendment 82 #
2024/2109(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that administrative simplification stagnated under HEU and might even have reversed, given that transaction costs rose signif; insists on further administrative simplification, streamlining of the relevant procedures, cutting costs and focusing on applicantly;s.
Amendment 91 #
2024/2109(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that a lthere arge number of beneficiaries do not consider the introductionvarious opinions and experiences among different beneficiaries regarding the functionality of lump- sum funding to be a simplification;s.
Amendment 107 #
2024/2109(INI)
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Recognises the importance of Pillar 1 in promoting scientific excellence and attracting highly-skilled research, through European Research Council (ERC), and programs such as the Marie Skłodowska-Curie Actions (MSCA) and the Future and Emerging Technologies (FET).
Amendment 135 #
2024/2109(INI)
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Agrees that streamlining and boosting the European Innovation Council (EIC), attracting private investments, and supporting the commercialization of research should be the center of the Pillar 3, as confirmed by the Heitor Report. Recognizes EIC should have the flexibility to strategically maximise its potential to support breakthrough technology.
Amendment 161 #
2024/2109(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recommends to expand and strengthen the public-private partnerships and co-funding mechanisms within FP10 to leverage resources, share risks, and accelerate technological developments. Further emphasizes that PPP governance structures should be streamlined and simplified to avoid unnecessary burdens and enhance focus on key priorities.
Amendment 183 #
2024/2109(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. The Commission should use the conclusion of its Assessment of Lump Sum Funding in Horizon 2020 and Horizon Europe to further improve, simplify and reduce red tape related to lump-sum funding under HEU. Special attention should be paid to reducing administrative burdens and transaction costs for recipients throughout the entire life cycle of the project, from the application phase through project implementation and audit.
Amendment 240 #
2024/2109(INI)
Motion for a resolution
Paragraph 15 – point a – point i
Paragraph 15 – point a – point i
i. be oriented towards facilitating the best science, technology development and innovation;
Amendment 294 #
2024/2109(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that an expanded European Research Council (ERC) and European Innovation Council (EIC) should be at the heart of the part of FP10 dealing with a European competition of ideas a; recommends that this part should receive half of the FP10 budget; recommends thatcross-border collaboration should be encouraged and these programmes be designed so that they create a European, bottom-up funnel for innovation to develop quickly from fundamental science to innovation scale- up; as well as innovative ecosystems, consisting of universities, research and technology organisations, industry, startups, SMEs and investors, to translate results of research and development into the market in terms of products and value creation; considers that the EIC can only succeed if it can both offer blended finance as a single project and act with the same speed and agility as private actors on the venture capitalist market through a tailor-made legal entity for implementation; underlines that the strengthened autonomy and self- governance of both the ERC and the EIC are crucial to achieving this;
Amendment 305 #
2024/2109(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Urges the Commission to improve the synergies between FP10 and European sectoral policies, in particular with the future new Industrial Policy and the next Important Projects of Common European Interest (IPCEIs).
Amendment 316 #
2024/2109(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Urges the Commission to design the part of FP10 on strategic deployment such that itresearch, technology development and deployment, and to focuses on a limited number of pan-European research initiatives with 2040 set as the time horizon and which; strengthening the European competitiveness and societal resilience requires cross-border collaboration due to the scale and complexity of the issue in question; believes that this part should consider that these initiatives could take the form of societal missions which address socio-economic and/or ecological challenges, technology missions to accelerate the development of strategic technologies in Europe, or joint undertakings to secure joint investments by industry, Member States, the EU and othe EUr relevant partnerships to support research- based competitiveness and the resilience of key sectors in the European economy; believes that all of these initiatives should receive a budget of between EUR 2.5 and 5 billion;adequate financing.
Amendment 32 #
2024/2030(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises FRA’s guidance and engagement in the area of asylum and migration, including cooperation with the European Union Asylum Agency (EUAA) to enhancing the understanding of the importance of guardians and legal representatives assisting unaccompanied children seeking international protection within the Union and the training provided to staff of Europol enhancing awareness and understanding of fundamental rights considerations in relevant operational contexts; welcomes FRA’s timely input on the temporary protection directive implementation in the context of refugees fleeing from Ukraine, as well as on identifying the challenges with regard to the implementation of Union law on long- term residence, and the list of actions the Union and its Member States can take to reduce fatalities at sea;
Amendment 41 #
2024/2030(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with satisfaction that FRA provided fundamental rights analysis and expertise to support the activities and work of other EU justice and home affairs (JHA) agencies, including the EUAA, Frontex, Europol, the European Union Agency for the Operational Management of Large- Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and European Union Agency for Law Enforcement Training (CEPOL); calls on FRA to determine the extent to which the rule of law and fundamental rights are intrinsically linked, and how its work could be incorporated or developed in synergy with that of the European Commission in the framework of the annual Rule of Law Report;
Amendment 67 #
2024/2030(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes the new Interoperability roadmap; regrets that the new timeline for the roll-out and interoperability of EU information systems was necessary due to delays in development of the Entry/Exit System (EES), European Travel Information and Authorisation System (ETIAS) and European Criminal Records Information System on third-country nationals (ECRIS-TCN); calls on eu-LISA to prioritise the swift implementation of those information systems and set a new specific operational start date; underlines that swift, effective, and reliable information exchange is critical for sustaining and strengthening the Union’s area of freedom, security, and justice;
Amendment 154 #
2024/2030(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Further acknowledges the Commission's efforts towards a stronger and more secure Europe, as outlined by President Ursula von der Leyen in her statement of 2024; calls on the Commission to double Europol's staff and increase its funding, and recognise Europol’s central role in ensuring security across the Union and its capacity to respond to emerging threats; further underlines that this expansion will further enhance Europol's ability to support Member States in combating serious and organised crime, both online and offline, thereby contributing to a safer and more secure Europe for all.
Amendment 8 #
2024/2029(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the increase in appropriations for the EPPO’s budget in 2023, amounting to EUR 64,6 million in total, which allowed for an 11 % increase in staff in that year; acknowledges that the acceleration of the disbursement of NextGenerationEU funding and the increase in the EPPO’s membership are projected to put further strain on the EPPO’s resources as the agency is understaffed; underlines the importance of additional funding for the EPPO’s budget in order for it to have the necessary means to carry out its tasks as the fight against organised crime, the protection of EU financial interests and the strenghtening of the rule of law are EU priorities;
Amendment 12 #
2024/2029(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the increase in appropriations for the EPPO’s budget in 2023, amounting to EUR 64,6 million in total, which allowed for an 11 % increase in staff in that year; acknowledges that the acceleration of the disbursement of NextGenerationEU funding and the increase in the EPPO’s membership are projected to put further strain on the EPPO’s resources; underlines the importance of additional funding for the EPPO’s budget and of strengthening its human resources in order for it to have the necessary means to carry out its tasks;
Amendment 17 #
2024/2029(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges the importance of taking a holistic approach to combating white-collar crime, such as fraud and corruption, and more conventional types of crime, such as drug trafficking and human trafficking, as they are often linked; recalls the fact that, in its upcoming evaluation report, the Commission should carefully analyse whether and to which categories of crimes the EPPO’s mandate needs to be revised or extended in order for it to be best equipped to fulfil its role as well as how to increase cooperation with Europol to properly address thoses objectives;
Amendment 22 #
2024/2029(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises the important role of the EPPO in the Union approach to combating corruption and the misuse of Union funds; expresses its satisfaction that 24 Member States participate in the EPPO and encourages the remaining Member States to do so as well, or be denied the possibility to manage EU funds indirectly; calls on the Commission to continue engaging in an active dialogue with non- participating Member States to effectively facilitate the EPPO in carrying out its tasks; emphasises the fact that such a dialogue could also be of value tomust be ongoing with the Member States that already participate in the EPPO as regards tackling difficulties in fighting rule of law violations and corruption and support them in the practical implementation of the recommendations in this regard in the annual rule of law reports;
Amendment 12 #
2024/2019(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes with concern that the number of migrants arriving irregularly in the Union increased again in 2023 as compared to previous years; furtherTakes note of the Commission effort to strenghten and developp all aspects of the common European asylum system, including its external dimension; acknowledges the Commision's role in supporting legal migration to the Members States including by contributing to the integration of third countries nationals; notes the Commission’s ongoing efforts to assist Member States in addressing irregular arrivals and in successfully integrating legally residing third-country nationals; notes that the number of migrants arriving irregularly in the Union increased in 2023 as compared to previous years; recalls that, while the Commission should continue to take action on migration and asylum within the framework of external action, the functioning of the ‘Team Europe’ approach must be clarified while safeguarding the role of Parliament; calls on the Commission to increase the transparency and accountability of the programming and implementation of the Union home affairs funds in third countries; welcomes the Commission's effort to enhance solidarity and responsability sharing between Member States, in particular towards those most affected by migration and asylum challenges; renews its call on the Commission to support the Union agencies and the Member States in coordinating effective search-and-rescue operations in the Mediterranean, ensuring that such actions are carried out in accordance with international and Union law;
Amendment 16 #
2024/2019(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes with concern that the number of migrants arriving irregularly in the Union increased again in 2023 as compared to previous years; further notes the Commission’s ongoing efforts to assist Member States in addressing irregular arrivals and legal pathways and in successfully integrating legally residing third-country nationals; recalls that, while the Commission should continue to take action on migration and asylum within the framework of external action, the functioning of the ‘Team Europe’ approach must be clarified while safeguarding the role of Parliamentrole of Parliament in any partnership agreements with third countries must be ensured as set out by the Treaties and the 2010 framework agreement on relations between Parliament and Commission; calls on the Commission to increase the transparency and accountability of the programming and implementation of the Union home affairs funds in third countries; renews its call on the Commission to support the Union agencies and the Member States in coordinating effective search-and-rescue operations in the Mediterranean, ensuring that such actions are carried out in accordance with international and Union law;
Amendment 23 #
2024/2019(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Acknowledges the Commission’s continuous monitoring of rule of law benchmarks through the rule of law toolbox, including the annual rule of law report, while remaining concerned that, by adopting an overly diplomatic approach and, failing to distinguish between individual and systemic issues and not basing its analysis on specific indicators, the annual rule of law report risks trivialising some of the most serious and/or persistent breaches of the rule of law; supports the link established between the release of funds under the European recovery plan and the achievement of super milestones, and calls on the Commission to apply more generally this link between financial instruments and respect for the rule of law; reiterates its regret and serious concern with respect to the lawfulness of the Commission’s decision concluding that, in Hungary, the horizontal enabling condition of the Charter had been fulfilled in relation to judicial independence which decision enabled the Hungarian authorities to start claiming reimbursements of up to approximately EUR 10,2 billion from Union funds; calls on the Commission to take steps towards the full implementationdevelop a more systematic, predictable and reasoned approach to the objective reasons for freezing or unfreezing funds; calls on the Commission to take steps towards the full implementation – taking into account developments that have taken place in the meantime – of Parliament’s recommendations on the establishment of an EU mechanism for democracy, the rule of law and fundamental rights, contained in its resolution of 25 October 20161, and to ensure that assessments of rule of law benchmarks are more precise and qualitative than is presently the case, relying not only on legislative changes, but also on precise indicators and on real and independent evidence of their implementation in practice; _________________ 1 European Parliament 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 (2015/2254(INL)) (OJ C 215, 19.6.2018, p. 162).
Amendment 26 #
2024/2019(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. AcknowledgWelcomes the Commission’s continuous monitoring of rule of law benchmarks through the rule of law toolbox, including the annual rule of law report, whilose remaining concerned that, by adopting an overly diplomatic approach and failing to distinguish between individual and systemic issues, the annual rule of law report risks triviigourous chapters detail individual and systemic issues regarding the rule of law in the different Member States and allow for a comprehensive analiysing somes of the most serious breaches of the rule of lawsituation and its evolution in each Member State; reiterates its regret and serious concern with respect to the lawfulness of the Commission’s decision concluding that, in Hungary, the horizontal enabling condition of the Charter had been fulfilled in relation to judicial independence which decision enabled the Hungarian authorities to start claiming reimbursements of up to approximately EUR 10,2 billion from Union funds; calls on the Commission to take steps towards the full implementation of Parliament’s recommendations on the establishment of an EU mechanism for democracy, the rule of law and fundamental rights, contained in its resolution of 25 October 20161 , and to ensure that assessments of rule of law benchmarks are more precise and qualitative than is presently the case, relying not only on legislative changes, but also on real and independent evidence of their implementation in practice; _________________ 1 European Parliament 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 (2015/2254(INL)) (OJ C 215, 19.6.2018, p. 162).
Amendment 69 #
2024/0035(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re- victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ and AI generated images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology- neutral and hence future-proof way.
Amendment 76 #
2024/0035(COD)
Proposal for a directive
Recital 12
Recital 12
(12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include so-called ‘paedophile manuals’. Paedophile manuals'instruction manuals on how to sexually abuse children'. 'Instruction manuals on how to sexually abuse children' provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. By lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU.
Amendment 101 #
2024/0035(COD)
Proposal for a directive
Recital 24
Recital 24
(24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselvesAmong others, the United Nations Committee ofn the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well asRights of the Child and the Lanzarote Committee have stated that consensual activities between peers who are close in age, maturity and development for consensual and non-exploitative sexual activity should not be criminalised provided that there is no element of coercion, abuse of trust or dependency between the them. Accordingly, Member States should protect children from criminalisation for consensual sexual activities involving peers. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference). This means that only consensual activities between peers who are close in age, maturity and development should be protected from criminalisation. The provisions related to age of consent should not be interpreted in limiting in any manner the criminalisation of child sexual abuse and exploitation of children who have reached and are above the age of consent as no child can consent to their sexual abuse.
Amendment 107 #
2024/0035(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Physical or mental incapacity under this Directive should be understood as also including the state of physical or mental incapacity caused by the influence of drugs and alcoho, medicines and alcohol, or any substance that could compromise one's free will.
Amendment 108 #
2024/0035(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Due to children’s specific vulnerabilities and developmental limitations, they may not fully grasp that what occurred was abusive, especially if the abuser was a trusted adult. It may take reaching adulthood for survivors to develop the emotional maturity to recognize the abuse for what it was and understand its long-term effects. Trauma can cause victims to repress or block out the memories as a protective measure for years. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations allow victims to re abolished. Therepforte, the crime for a significantly extended period of time.minimum standards provided in the Directive should be interpreted as a first step towards abolition
Amendment 118 #
2024/0035(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Member States should encourage any person who has knowledge or suspicion of the sexual abuse or sexual exploitation of a child to report to the competent services. In particular, Member States should make available information to children about the possibility to report the abuse, including to helplines and through the communication platforms that young people use most frequently. It is the responsibility of each Member State to determine the competent authorities to which such suspicions may be reported. Those competent authorities should not be limited to child protection services or relevant social services. The requirement of suspicion ‘in good faith’ should be aimed at preventing the provision being invoked to authorise the denunciation of purely imaginary or untrue facts carried out with malicious intent.
Amendment 122 #
2024/0035(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate psychosocial support and child protective services. This Directive attempts to ensurequires that all Member States uphold these principles and establish age-appropriate multidisciplinary and interagency structures to provide care and legal support to victims under one roof, although it does not require the Member States to follow the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. All children who are likely to be, for whatever reason and in whatever capacity, brought into contact with criminal, civil or administrative justice systems should have easy access to child friendly justice. Child-friendly justice refers to justice systems which guarantee the respect and the effective implementation of all children’s rights at the highest attainable level and giving due consideration to the child’s level of maturity and understanding and the circumstances of the case. It is of particular importance that justice is accessible, age appropriate, speedy, diligent, adapted to and focused on the needs and rights of the child, respecting the rights of the child including the rights to due process, to participate in and to understand the proceedings, to respect for private and family life and to integrity and dignity. Child victims should have easy access to child friendly justice, legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a special representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All authorities involved in the proceedingsprofessionals who come into contact with children in the justice system should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child victimsren participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child. The court should prioritize the child's right to participate meaningfully, ensuring that their views are heard and respected throughout the process.
Amendment 128 #
2024/0035(COD)
Proposal for a directive
Recital 38
Recital 38
(38) The trauma arising from sexual abuse and sexual exploitation of children often lasts well into adulthood, entailing long-term effects which often prevent victims from reporting the offence and from seeking assistance and support for years or even decades. Therefore, Member States should provide tailored and comprehensive short- and long-term assistance not only to child victims, but also to adult survivors of child sexual abuse and sexual exploitation. Survivors of child sexual abuse and exploitation designate all persons who have experienced sexual violence as a child, irrespective of their legal status and their recognition as a victim of a crime by a legal system.
Amendment 131 #
2024/0035(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Directive 2012/29/EU establishes a set of victims’ rights in criminal proceedings, including the right to protection and the right to receive a decision on compensation from the offender and any organisation liable for child sexual abuse and exploitation. The proposal for the revision of the Victims’ Rights Directive provides for targeted amendments to all victims’ rights. In addition to the rights established under that Directive, child victims of sexual abuse, sexual exploitation and child sexual abuse material should be given access to legal counselling and, in accordance with the role of victims in the relevant justice systems, to legal representation, including for the purpose of claiming compensation. Such legal counselling and legal representation could also be provided by the competent authorities for the purpose of claiming compensation from the Statein criminal and civil proceedings. The purpose of legal counselling is to enable victims to be informed and receive advice about the various possibilities open to them. Legal counselling should be provided by a person having received appropriate legal training without necessarily being a lawyer. Legal counselling and, in accordance with the role of victims in the relevant justice systems, legal representation should be provided free of charge, at least when the victim does not have sufficient financial resources, in a manner consistent with the internal procedures of Member States.
Amendment 156 #
2024/0035(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child sexual abuse material and solicitation of children for sexual purposes, including by means of information and communication technology. It also introduces provisions to strengthen the prevention of those criminal offences and, the protection of the victimsupport and redress of the victims and survivors thereof.
Amendment 159 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) (2) ‘survivor’ means a person who has experienced sexual violence as a child, irrespective of their legal status and their recognition as a victim of a crime by a legal system.
Amendment 167 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
(a) any material that visually depictsrepresentation, by whatever means, of a child or any part of the body of a child engaged in real or simulated sexually explicit conduct;
Amendment 172 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
(b) depictionAny representation, by whatever means of the sexual organparts of a child for primarily sexual purposes;
Amendment 178 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
(c) aAny material that visually depictsrepresentation, by whatever means, of any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organparts of any person appearing to be a child, for primarily sexual purposes;
Amendment 183 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d
Article 2 – paragraph 1 – point 3 – point d
(d) Any realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual organparts of a child, for primarily sexual purposes;
Amendment 189 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point e
Article 2 – paragraph 1 – point 3 – point e
Amendment 195 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3 a) ‘Instructions manual on how to sexually abuse children’ means any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit the offences listed in Article 3, 4, 5, 6 and 7 of the Directive;
Amendment 198 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘child exploitation in prostitution’' means the use of a child for sexual activities where money or any other form of remuneration, gain, advantage, benefit or consideration is given or promised as payment in exchange for the child engaging in sexual activities, regardless of whether that payment, promise, gain, advantage, benefit or consideration is made to the child or to a third party;
Amendment 207 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
(b) the sexual organparts of a child for primarily sexual purposes;
Amendment 211 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5 a) ‘sexual extortion of children’ means the conduct of threatening to share intimate material depicting the child victim to obtain money, child sexual abuse material or any other benefit under the threat of sharing the material beyond the consent of the depicted person;
Amendment 215 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7 a) 'information and communication technology’ means any technological tool and resource used to digitally store, create, share or exchange information, including smart phones, computers, social networking and other media applications and services;
Amendment 217 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7 b (new)
Article 2 – paragraph 1 – point 7 b (new)
(7 b) ‘online’ means by means of information and communication technologies;
Amendment 222 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘peers’ means persons who are close in age and degree of psychological and physical development orand maturity.
Amendment 261 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 5 – point c
Article 3 – paragraph 5 – point c
(c) use is made of coercion, force, physical or psychological violence, blackmail or threats shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age.
Amendment 295 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 9 – point a
Article 3 – paragraph 9 – point a
(a) a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, sleepiness, intoxication, surprise, freezing, illness or bodily injury;
Amendment 296 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 9 – point a
Article 3 – paragraph 9 – point a
(a) a non-consensual act is understood as an act which is performed without the child’s consent given clearly and voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury;
Amendment 298 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 9 – point c
Article 3 – paragraph 9 – point c
(c) the absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past sexual conduct.
Amendment 369 #
2024/0035(COD)
Proposal for a directive
Article 5 – paragraph 8 – point a a (new)
Article 5 – paragraph 8 – point a a (new)
a a. promptly notify and request online service providers to remove reported illegal material hosted on their platform;
Amendment 383 #
2024/0035(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) proposing , including by means of information and communication technology, to meetestablish a relationship with a child either online or in person , for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7) andArticle 4, Article 5(6) and Article 7, where that proposal was followed by material acts leading to such a meetingoffences, shall be punishable by a maximum term of imprisonment of at least 1 year;
Amendment 390 #
2024/0035(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(a a) The conduct referred to in the first subparagraph does not cover consensual relationships between peers who are close in age and degree of psychological and physical development and maturity, provided that there is no element of coercion, abuse of trust or dependency between the peer;
Amendment 394 #
2024/0035(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Member States shall take the necessary measures to ensure that an attempt, including by means of information and communication technology, to commit the offences provided for in Article 5(2) and (3) by an adult soliciting a child to provide child sexual abuse material is punishable by a maximum term of imprisonment of at least 6 months .
Amendment 400 #
2024/0035(COD)
Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
Member States shall take the necessary measures to ensure that an attempt, including by means of information and communication technology, to commit the offences provided for in Article 4(2) and (5) by an adult causing a child to participate in child sexual abuse performances and exploitation in prostitution is punishable by a maximum term of imprisonment of at least 6 months.
Amendment 405 #
2024/0035(COD)
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. Member States shall ensure that law enforcement authorities promptly investigate attempts of solicitation of children for sexual purposes. Member States shall ensure that victims of such solicitation attempts are effectively referred to relevant support services for assistance and protection.
Amendment 410 #
2024/0035(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Solicitation of child sexual abuse and exploitation
Amendment 412 #
2024/0035(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that intentionally promising or giving any third person money, or other form of remuneration or consideration, including by means of information and communication technology, to cause themis person to commit any of the offences listed in Article 3(4), (5),(6), (7), and (8), Article 4(2) and (3) and Article 5(6) is punishable by a maximum term of imprisonment of at least 3 years.
Amendment 420 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph -1 (new)
Article 10 – paragraph -1 (new)
-1. Member States should ensure that peers are protected from prosecution for consensual and non-exploitative sexual activity, provided that there is no element of coercion, abuse of trust or dependency between the peers;
Amendment 423 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. It shall be within the discretion of Member States to decide whetherMember States shall ensure that Article 3(2), (4) and (4)7) do not apply to consensual sexual activities between peers, in so far as the acts did not involve any abuseprovided that there is no element of coercion, abuse of trust or dependency between the peers.
Amendment 437 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. It shall be within the discretion of Member States to decide whetherMember States shall ensure that Article 6 does not appliesy to proposals, conversations, contacts or exchanges between peers, provided that there is no element of coercion, abuse of trust or dependency between the peers.
Amendment 445 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
For the purpose of paragraphs 1 to 4, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given clearly and voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances.
Amendment 447 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 3
Article 10 – paragraph 5 – subparagraph 3
The absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past conduct.
Amendment 464 #
2024/0035(COD)
Proposal for a directive
Article 11 – paragraph 1 – point g
Article 11 – paragraph 1 – point g
(g) the offence involved serious violence or caused serious physical or psychological harm to the child ;
Amendment 478 #
2024/0035(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall take the necessary measures to ensure that any employers, when recruiting a person, including staff, consultants and volunteers, for professional or organised voluntary activities involving or facilitating direct and regular contacts with children, and organisations acting in the public interest against child sexual abuse, when recruiting staffa person, are required to request information in accordance with national law by way of any appropriate means, such as access upon request or via the person concerned, of the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , entered in the criminal record or of the existence of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions.
Amendment 480 #
2024/0035(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. For the application of paragraphs 1 and 2 of this Article, when requested by competent authorities, Member States shall take the necessary measures to ensure, the transmission of information concerning the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , or of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions , and that the transmitted information is as complete as possible, comprising at least information on criminal convictions or disqualifications arising from criminal convictions kept by any Member State, in accordance with human and children's rights standards. For that purpose, such information shall be transmitted through ECRIS or the mechanism for the exchange of criminal record information established with third countries.
Amendment 484 #
2024/0035(COD)
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3 a. Member States shall ensure that the functioning of mechanisms to centrally register any information on convictions or disqualifications referred to in paragraphs 3 are guided by human and children’s rights standards.
Amendment 531 #
2024/0035(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Member States shall ensure that at leastll professionals and volunteers working in close contact with children in the child protection, education, childcare and health care sectors are obliged to report to the competent authorities if they have reasonable grounds for believing that an offence punishable under this Directive has been committed or is likely to be committed.
Amendment 546 #
2024/0035(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States shall ensure that the reporting procedures referred to in paragraph 1 are safe, confidentialaccessible, clear, user- friendly, anonymous, safe, confidential, available in official and widely spoken languages, and designed in a child- friendly, trauma-informed and gender sensitive manner and language, in accordance with their age and maturity. Member States shall ensure appropriate information and awareness about reporting procedures and available support services. Member States shall ensure reporting is not conditional upon parental consent.
Amendment 566 #
2024/0035(COD)
Proposal for a directive
Article 21 – title
Article 21 – title
Assistance and support to victims and survivors
Amendment 568 #
2024/0035(COD)
Proposal for a directive
Article 21 – paragraph -1 (new)
Article 21 – paragraph -1 (new)
-1. Member States shall establish age- appropriate multidisciplinary interagency structures for responding to child sexual abuse and exploitation.
Amendment 570 #
2024/0035(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims before, during and for an appropriate period of timeand survivors as soon as a report is made, during criminal proceedings and for as long as needed after the conclusion of criminal proceedings and on an opt-out basis in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims of offences and survivors referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection and specific support for children who report cases of abuse within their family, in line with the best interest of the child.
Amendment 575 #
2024/0035(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Victims and survivors shall be provided with coordinated, age-appropriatemprehensive, specialist, coordinated, age-appropriate, trauma- informed and gender-sensitive, medical care, emotional, psychosocial, psychological, legal and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse, including when committed by means of information and communication technology. Member States shall take specific actions to assist and support victims and survivors who are particularly vulnerable, including due to mental or physical disabilities in accordance with article 26(c) of Directive (EU)…/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes]of the proposed Recast Victims’ Rights Directive (2023/0250).
Amendment 593 #
2024/0035(COD)
Proposal for a directive
Article 21 – paragraph 6
Article 21 – paragraph 6
6. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims and child survivors in enjoying their rights under this Directive, are undertaken following an individual assessment of the special circumstances of each particular child victim, conducted in accordance with Article 22 of Directive (EU) …/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes] and taking due account of the child’s views, needs, specific vulnerabilities and concerns.
Amendment 602 #
2024/0035(COD)
Proposal for a directive
Article 21 – paragraph 9 a (new)
Article 21 – paragraph 9 a (new)
9 a. Member States shall ensure that victims, survivors and their family receive tailored age-appropriate information about their right to support and assistance and processes to be followed, in accordance with Article 4 of Directive 2012/29/EU and Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall take specific measures for child victims and survivors to ensure appropriate communication adapted to the child's age, maturity, needs and specific vulnerabilities. Persons with disabilities shall have the right to ask and receive such information in a manner accessible to them;
Amendment 610 #
2024/0035(COD)
Proposal for a directive
Article 22 – paragraph -1 (new)
Article 22 – paragraph -1 (new)
-1. Member States shall ensure that any investigations and proceedings involving children are conducted in accordance with the principles of child- friendly justice. All authorities involved in the proceedings should be trained in child friendly justice.
Amendment 612 #
2024/0035(COD)
Proposal for a directive
Article 22 – paragraph -1 a (new)
Article 22 – paragraph -1 a (new)
-1 a. Member States shall ensure that where child victims participate in criminal proceedings, they receive, without delay, appropriate support and protection throughout all stages of the criminal investigations and proceedings, taking due account of the child’s views, needs, specific vulnerabilities and concerns.
Amendment 613 #
2024/0035(COD)
Proposal for a directive
Article 22 – paragraph -1 b (new)
Article 22 – paragraph -1 b (new)
-1 b. Member States shall ensure that child victims receive age-appropriate information about their rights and the processes to be followed in accordance with Article 4 of Directive 2012/29/EU and Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes].
Amendment 623 #
2024/0035(COD)
Proposal for a directive
Article 22 – paragraph 3 – point f a (new)
Article 22 – paragraph 3 – point f a (new)
(f a) the interviews and any sharing of information by the child victim should be done with the child’s consent unless the consent itself is a reason for significant risk of harm.
Amendment 659 #
2024/0035(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
In particular, national authorities shall be responsible for the data collection, research and reporting obligations referred to in Article 31. The EU Centre, once established, shall support national authorities in carrying out the activities listed in paragraph 1.
Amendment 708 #
2024/0035(COD)
Proposal for a directive
Article 28 – paragraph 5 – point c a (new)
Article 28 – paragraph 5 – point c a (new)
(c a) issuing guidelines for front-line professionals on how to identify and deal with child victims and potential child victims of sexual abuse and exploitation.
Amendment 728 #
2024/0035(COD)
Proposal for a directive
Article 30 – title
Article 30 – title
Measures against websites containing or disseminating child sexual abuse material and instructions manuals on how to sexually abuse children
Amendment 113 #
2024/0017(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) adequate resources and procedures shall be provided for the screening authority to determine whether it has jurisdiction over a foreign investment filed for authorisation and to carry out an initial review followed by, where necessary, an in-depth investigation to determine whether that foreign investment is likely to negatively affect security or public order, taking into account at least the criteria laid down in Article 13. The purpose of the in-depth investigation shall be, in particular, to determine whether a screening decision as referred to in Article 14(1) is appropriate and to determine its content.
Amendment 116 #
2024/0017(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) the screening authority shall monitor and ensure compliance with the screening mechanism and screening decisions. In particular, it shall put in place adequate procedures and resources to identify and prevent circumvention of the screening mechanism and screening decisions;
Amendment 120 #
2024/0017(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) foreign investors, foreign investors’ subsidiaries in the Union through which the foreign investment is carried out and undertakings concerned by a screening decision shall have the possibility to seek judicial recourse against that screening decision. Member States shall implement a harmonized appeal mechanism;
Amendment 130 #
2024/0017(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. Member States shall: (a) align screening deadlines at national level with the Union cooperation mechanism timelines set out in Article 8, providing for: (i) an initial review period not exceeding 30 days from notification; (ii) where necessary, an in-depth investigation period not exceeding 60 additional days; and (iii) criteria for extensions of these deadlines; (b) implement standardised procedural milestones including: (i) formal acknowledgment of complete notification within 5 working days; (ii) clear triggers for moving from initial review to in-depth investigation; (iii) structured communication points with applicants throughout the process; and (iv) annual standardised reporting on average processing times and deviations from standard timelines.
Amendment 132 #
2024/0017(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i
Article 5 – paragraph 1 – point b – point i
(i) the foreign investor or the foreign investor’s subsidiary in the Union is directly or indirectly controlled by the government, including state bodies, regional or local authorities or armed forces, of a third country, including through ownership structure, significant funding, special rights or state-appointed directors or managers. In cases where the ownership structure is opaque or unclear, the investment shall be notified as a precaution;
Amendment 140 #
2024/0017(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Comments by Member States and opinions, alerts and Decisions by the Commission on notified foreign investments
Amendment 152 #
2024/0017(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Following the receipt of a comment pursuant to paragraph 1, the Member State shall set up a meeting with the Member States who issued comments to discuss how to best address the risks identified. If the Member State where the foreign investment is planned or completed disagrees with the risks identified or, if applicable, the measure proposed with the comment, the Member States shall aim to identify alternative solutions. Where the comment concerns a multi-country transaction, the other Member States who notified the foreign investment shall also be invited to discuss whether the intended outcomes are compatible with one another and, where applicable, the intended conditions are able to address identified cross-border risks adequately. The Commission shall be invited to any such meetings.
Amendment 154 #
2024/0017(COD)
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7 a. If no alternative solution is reached in Paragraph 6, the Commission may alert the Member State where the foreign investment is planned of its concern that the foreign investment is likely to negatively affect the security and public order of another Member State. The Commission may only alert upon approval of the affected other Member State. Upon receipt of such an alert, the Member State where the foreign investment is planned shall not adopt the intended screening decision for a period of 30 calendar days, unless the Member States involved and the Commission agree on mitigating measures or reach an alternative solution.
Amendment 155 #
2024/0017(COD)
Proposal for a regulation
Article 7 – paragraph 7 b (new)
Article 7 – paragraph 7 b (new)
7 b. Where the Commission has issued an alert in accordance with Paragraph 7a and no mitigating measures or alternative solution is agreed upon after 30 calendar days, it may, within a period of 30 calendar days, adopt a Decision finding the intended screening decision to be incompatible with this Directive and requiring the Member State concerned to refrain from adopting it, and if such measure has been adopted, to repeal it. Such a Decision may only be adopted if the Commission can show that the intended screening decision negatively affects the security and public order of another Member State, and upon the latter's approval.
Amendment 157 #
2024/0017(COD)
Proposal for a regulation
Article 7 – paragraph 8 – point a
Article 7 – paragraph 8 – point a
(a) notify its screening decision to the respective Member States and to the Commission via the secure and encrypted system referred to in Article 12(4) no later than 3 calendar days afterbefore it wais sent to the respective parties to the foreign investment;
Amendment 161 #
2024/0017(COD)
Proposal for a regulation
Article 7 – paragraph 8 – point b – introductory part
Article 7 – paragraph 8 – point b – introductory part
(b) provide a written explanation to the respective Member States and the Commission via the secure and encrypted system referred to in Article 12(4) no later than 7 calendar days afterbefore the screening decision wais notified pursuant to paragraph (a) on:
Amendment 173 #
2024/0017(COD)
Proposal for a regulation
Article 7 – paragraph 8 – point b a (new)
Article 7 – paragraph 8 – point b a (new)
(b a) The comments, opinions, alerts and Decisions issued by other Member States or the Commission as well as the written explanation from the Member State where the foreign investment is planned, will be enclosed in the secure database set up pursuant to Article 7(10). If certain information may not be shared according to Paragraph 11, the database shall at least include a reference to the comments, opinions and written explanations, and the involved parties.
Amendment 180 #
2024/0017(COD)
Proposal for a regulation
Article 7 – paragraph 10
Article 7 – paragraph 10
10. The Commission shall set up a secure database made available to all Member States with information on the foreign investments assessed by the cooperation mechanism and the outcome of the assessments under the national screening mechanisms, including information about the relevant screening decisions. The Commission shall upload to that database the information it has at its disposal since 12 October 2020, including relevant business intelligence it has procured and verified from commercial vendors. By [date of application of this Regulation] Member States shall upload to that database the information at their disposal about the outcome of the relevant procedure under their own screening mechanisms. They may also provide additional explanations.
Amendment 181 #
2024/0017(COD)
Proposal for a regulation
Article 7 – paragraph 10 a (new)
Article 7 – paragraph 10 a (new)
10 a. The Commission shall develop a business intelligence capability to inform the Member State screening authorities, develop coordinated risk assessments and support a Union FDI capacity-building programme through the FDI Expert Group, offering best practices, lessons learned and common training programmes for officials of the Member States. This requires the Commission to have the appropriate technical and human resources, as well as the financial resources to procure commercial business intelligence from private vendors.
Amendment 184 #
2024/0017(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point d a (new)
Article 8 – paragraph 3 – subparagraph 1 – point d a (new)
(d a) the meeting referred to in Article 7(6) shall occur within 30 calendar days following the opinion or comment.
Amendment 185 #
2024/0017(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point d b (new)
Article 8 – paragraph 3 – subparagraph 1 – point d b (new)
(d b) where the Commission reserves the right to issue an alert referred to in Article 7(7a), the respective alert shall be sent to the notifying Member State via the secure and encrypted system referred to in Article 12(4) no later than 15 days following the meeting referred to in Article 7(6).
Amendment 186 #
2024/0017(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point d c (new)
Article 8 – paragraph 3 – subparagraph 1 – point d c (new)
(d c) Upon receipt an alert, the Member State where the foreign investment is planned shall not adopt the intended screening decision for a period of 30 calendar days, unless the Member States involved and the Commission agree on new conditions to reach an alternative solution.
Amendment 187 #
2024/0017(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point d d (new)
Article 8 – paragraph 3 – subparagraph 1 – point d d (new)
(d d) where the Commission reserves the right to a Decision referred to in Article 7(7b), the respective decision shall be sent to the notifying Member State via the secure and encrypted system referred to in Article 12(4) no later than 30 calendar days following the period referred to in Paragraph (dc).
Amendment 188 #
2024/0017(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
The notifying Member State shall at least take their screening decision only after the deadlines referred to in points (a)-(d) have expirc) have expired. If the Commission reserves the right to issue an opinion, alert or Decision, the decision may only take place after the respective deadlines in points (da), (dc) and (dd) have expired, unless an alternative solution is reached.
Amendment 193 #
2024/0017(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall be granted at leastup to 15 months, after the foreign investment has been completed, the right to open the procedure set out in paragraph 1, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.
Amendment 200 #
2024/0017(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the name of the investor, the global ultimate owner of the investor and the Union target, the ownership structure of the investor and, where applicable, of the corporate group to which the investor is a part, and whether they are subject to restrictive measures or were involved in a foreign investment previously screened by a Member State and not authorized or only authorized with conditions;
Amendment 206 #
2024/0017(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall determine, for the purposes of taking a screening decision pursuant to Article 14 or issuing a duly motivated comment pursuant to Article 7(1) or Article 9(7), whether a foreign investment is likely to negatively affect security or public order. They may use the risk evaluation form developed by the Commission.
Amendment 207 #
2024/0017(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. The Commission shall set out, by means of implementing acts pursuant to Article 21, to be adopted prior to the date of application of this Regulation referred to in Article 24(2), the form that may be used under paragraph 1.
Amendment 214 #
2024/0017(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point c
Article 13 – paragraph 3 – point c
(c) the continuity of supply of critical inputs and the resilience of supply chains, including by taking into consideration the risk assessments in Article 24 of Regulation 2024/1252 ;
Amendment 222 #
2024/0017(COD)
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. When determining whether an investment is likely to negatively affect security or public order, the Member States or the Commission shall alsot least take into account information related to the foreign investor, including:
Amendment 225 #
2024/0017(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point e a (new)
Article 13 – paragraph 4 – point e a (new)
(e a) whether the foreign investor or any of its subsidiaries are established in a third country whose legislation allows arbitrary access to any kind of company operations or data, including commercially sensitive data, and can impose obligations for intelligence purposes without democratic checks and balances, oversight mechanisms, due process or the right to appeal to an independent court or tribunal.
Amendment 226 #
2024/0017(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point e b (new)
Article 13 – paragraph 4 – point e b (new)
(e b) whether the foreign investor or any of its subsidiaries or the third country in which it is established is subject to restrictive measures or whether it has a flawed rule of law or human rights protection track record or an aggressive civil-military fusion strategy;
Amendment 227 #
2024/0017(COD)
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4 a. The Commission, in cooperation with the FDI Expert Group, may carry out a coordinated risk assessment relating to a specific sector, critical technology or foreign investor and the level of control established by third countries, to inform screening decisions of the Member States. The coordinated risk assessment shall be added to the risk evaluation template in Paragraph 1, shared and made available in the secure database set up pursuant to Article 7(10) and shall be taken into account by Member States when determining whether an investment is likely to negatively affect security or public order.
Amendment 242 #
2024/0017(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The Commission is empowered to adopt implementing acts setting out the forms to be used to provide the information indicated in Article 104(2)(ia), Article 10(1) and Article 13(1).
Amendment 247 #
2024/0017(COD)
Proposal for a regulation
Annex II – point 2 a (new)
Annex II – point 2 a (new)
2 a. Sectors of high criticality as defined in Annex 1 of Directive 2022/2555
Amendment 250 #
2024/0017(COD)
Proposal for a regulation
Annex II – point 2 b (new)
Annex II – point 2 b (new)
2 b. Media services as defined in Article 2(1) of Regulation 2024/1083