123 Amendments of Patricia CHAGNON
Amendment 20 #
2023/2122(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 26 #
2023/2122(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the crucial role played by grassroots and communityof transparency and control played by the European Parliament over funds allocated to organiszations, trade unions, activist groups, human rights defenders and non- governmental organiszations (NGOs) in promoting and upholding democracy, equality, the rule of law and fundamental rights and in ensuring accountability for state and private actions;
Amendment 37 #
2023/2122(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that civil society is a broader category than that of NGOs; notes that while NGOs are,NGOs must provide annual detailed assesement onf the onprovenance hand, a favoured institutional form of the neoliberal state and therefore rarely truly oppositional, on the other hand many resist instrumental use of all their funds; details of all mission to which European funds have been allocated shall mention any participating organisations and expose the excesses of state and private interests; stresses, therefore, that they must be protected, including through the provision of adequate funding, including foreign funding; notetheir contribution highlighting be able to give details of the missions to which European Union funds that it is short-sighve been allocated; tohe treat NGOs as a singular bloc with a singular policy outlookaceability of funds must be given without suffering significant delays between request and receipt;
Amendment 52 #
2023/2122(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Remains deeply concerned by threats to and attacks on NGOs ine lack of transparency in the financing of NGOs; recalls that well-known NGOs have been financed by States to exert pressure against French nuclear power or to oppose policies pursued by democratically elected Member States;
Amendment 55 #
2023/2122(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Remains deeply concerned by threats to and attacks on NGOs in Member Statee lack of transparency of European funds sent and more particularly those intended for Palestine and their final recipients;
Amendment 74 #
2023/2122(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States and the EUparticularly the European Union to improve the legal environment for civil society by ensuring that any measure restricting the right of assthe transparency of funds allociations to seek, secure and use resources, including foreign resources, must pursue one of the legitimate aims under Article 11(2)ed to NGOs or any other organization claiming to be part of civil society, and to strengthen parliamentary controls ofn the European Convention on Human Rightallocation of these funds;
Amendment 87 #
2023/2122(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that transparency and accountability measures must only serve the purpose ofaim to ensuringe legitimate public scrutiny; stresses that reporting requirements for NGOs must remain strictly necessary and proportionate to the specific aims pursued; , and that to this end MEPs must be able to consult a database updated regularly, specifying the amounts and recipients, particularly regarding NGOs, of funds allocated by the European Union;
Amendment 89 #
2023/2122(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that transparency and accountability measures must only serve the purpose ofo ensuringe legitimate public scrutiny; stresses that reporting requirements forimposed on NGOs must remainbe strictly necessary and proportionate to the specific aims pursued enough to prevent foreign powers from interfering in the policies pursued by Member States;
Amendment 101 #
2023/2122(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that current EU instruments are likely insufficient for achieving proportionate transparency goals concerning funding and particularly NGO funding;
Amendment 122 #
2023/2122(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Warns emphatically against the weaponisation of the concept of ‘foreign interference’ and emphasises that this can be and is being used by governments to repress civil society and NGOthat the lack of transparency on funding enables misappropriation of funds, and raises legitimate suspicions about the allocation of EU funds directly or indirectly financing Islamic terrorist organizations, such as Hamas.
Amendment 9 #
2023/2087(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas, to prevent the European Union from being submerged by migration, asylum and migration policy needs to be reformed by processing asylum seekers’ files in Member States’ embassies and consulates in the third countries of origin or in the Member States of transit;
Amendment 10 #
2023/2087(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the Commission prefers deploying Frontex staff in many of the countries from which the migrants depart rather than funding the physical barriers on the European Union’s external borders that a majority of the Member States are calling for;
Amendment 11 #
2023/2087(INI)
Motion for a resolution
Recital C
Recital C
Amendment 27 #
2023/2087(INI)
Motion for a resolution
Recital E
Recital E
E. whereas Mauritania has no national legal asylum system in place; whereas the Office of the United Nations High Commissioner for Refugees (UNHCR) grants de facto protection with the issuance of refugee cards and certificates on the basis of a memorandum with the authorities; whereas people deemed ineligible for protection are structurally deported by the authorities without further procedure; whereas this has included deportations of people whose cases have not been assessed by the UNHCR; whereas Mauritania’s current legal framework does not allow for effective protection of women and childrone of the actions provided for in the Agreement of 7 July 2002 between Frontex and Mauritania is to propose to the Mauritanian authorities that an informal dialogue on migration and the national asylum system be held between the EU and Mauritania, focusing in particular on combating the trafficking of migrants and on border management, or of LGBTIQ+ persons; whereas same-sex activity is illegal in Mauritania; so as to best determine their needs in this area and identify the possibilities for Frontex support;
Amendment 35 #
2023/2087(INI)
Motion for a resolution
Recital F
Recital F
Amendment 46 #
2023/2087(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Welcomes Mauritania’s initiative to cooperate with Frontex with a view to securing Europe against mass immigration, criminality and terrorism;
Amendment 47 #
2023/2087(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Expresses its deep concern about the situation of fundamental rights in Mauritania, particularly for migrants and refugeesin connection with slavery, and considers that the deployment of Frontex executive powers in Mauritania entails a high risk of becoming complicit in serious and most likely persistent violations of fundamental rights or international protection obligationswill make it possible to better assess the risks, in particular for the EU’s security; calls on Frontex to draw up a table of developments and trends in the areas of illegal migration and cross-border criminal activity at the borders and to share that information with the EU Member States and the Commission; recommends that such information be used to plan its future activities in Mauritania;
Amendment 61 #
2023/2087(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that if the Model Status Agreement falls short of addressing the above-mentioned concerns, thia tool like the Africa-Frontex Intelligence Community – which was launched in 2010 to provide a framework for the regular sharing of information on migrant-trafficking and border security threats – provides for close cooperation with a certain number of countries, including Mauritania since 20 September 2022; points could lead to accountability gaps in the event of fundamental rights violations committed either by the third country’s authorities and/or by Frontex’s deployed personnelt that this is brought about by means of a series of training activities to develop national and regional strategies on combating cross- border crime and also includes the establishment of integrated border- management systems, as well as improvements in the gathering, sharing and analysis of relevant data; emphasises that all this is taking place in full compliance with fundamental rights;
Amendment 73 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point -a (new)
Paragraph 3 – point 3.1 – point -a (new)
-a. fund physical barriers at the EU’s external borders to dissuade migrants from coming and thereby protect them from any attacks on fundamental rights;
Amendment 75 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point a
Paragraph 3 – point 3.1 – point a
a. include explicitensure that all existing safeguards allowing deployed officers to disregard orders issued by the third country’s authorities that contradict the Agency’s fundamental rights obligations that derive from EU and international lawobligations;
Amendment 105 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point a
Paragraph 3 – point 3.2 – point a
Amendment 125 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point b – point ii
Paragraph 3 – point 3.2 – point b – point ii
ii. ensure a Frontex presence in critical areas where the apprehension of migrants is likely to take place, and envisage giving the FRO and Fundamental Rights Monitors full access to the operational area to ensure that the issue of migration can be managed as well as possible on the spot;
Amendment 127 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point b – point iii
Paragraph 3 – point 3.2 – point b – point iii
iii. work closely with the UNHCR during operationauthorities in Mauritania in order to guarantee the right to asylumidentify any threats, such as mass immigration, criminality and terrorism, and thereby protect the EU Member States and, where necessary, respond to those threats;
Amendment 133 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point c
Paragraph 3 – point 3.2 – point c
c. adoptcomply with guidelines on the mandatory waiving of immunity for deployed staff, specifying how requests from the third -country authorities will be dealt with, as well as enshrining a strong role for the FRO; make the deployment of standing corps officers conditional on these guidelinesnd bearing in mind that immunity should only be granted with the utmost prudence and proportionality given the major implications for Mauritania’s sovereignty;
Amendment 34 #
2023/0212(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) To address the need of a rapidly digitalising economy, the digital euro should support a variety of use cases of retail payments under 50 euros. Those use case include person to person, person to business, person to government, business to person, business to business, business to government, government to person, government to business, and government to government payments. In addition, the digital euro should also be able to fulfil future payments needs, and in particular machine to machine payment in the context of Industry 4.0 and payments in the decentralised internet (web3). The digital euro should not cater for payments between financial intermediaries, payment service providers and other market participants (that is to say wholesale payments), for which settlement systems in central bank money exist and where the use of different technologies is being further investigated by the Eurosystem.
Amendment 37 #
2023/0212(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The digital euro should complement euro banknotes and coins and should not replace the physical forms of the single currency. As legal tender instruments, both cash and digital euro are equally important for payments over 50 euros. Regulation (EU) [please insert reference – proposal for a Regulation on the legal tender of euro banknotes and coins - COM/2023/364] would harmonise legal tender for cash and ensure that cash is widely distributed and effectively used.
Amendment 38 #
2023/0212(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Future developments in digital payments may affect the role of the euro in retail payment markets both in the European Union and internationally. Many central banks around the world are currently exploring the issuance of central bank digital currencies (‘CBDCs’) and some countries have already issued a CBDC. In addition, so-called third country stablecoins not denominated in euro, could, if widely used for payments, displace euro denominated payments in the Union’s economy by satisfying demand for programmable payments (which are referred as conditional payments in the context of this Regulation), including in e- commerce, capital markets or industry 4.0. A digital euro would therefore be important to maintain the role of the euro in the digital age. However, the digital euro is not intended to replace cash.
Amendment 39 #
2023/0212(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) It is therefore necessary to lay down a legal framework for establishing a digital form of the euro with the status of legal tender under 50 euros, for use by people, businesses and public authorities in the euro area. As a new form of the euro available to the general public, the digital euro should have important societal and economic consequences. It is therefore necessary to establish the digital euro and to regulate its main characteristics, as a measure of monetary law. The European Central Bank is competent to issue and to authorise the issuance of the digital euro by national central banks of the Member States whose currency is the euro, exercising its powers under the Treaties. On the basis of those powers and in accordance with the legal framework set out in this Regulation, the European Central Bank should thus be able to decide whether to issue the digital euro, at which times and in what amounts, and other particular measures that are intrinsically connected to its issuance, in addition to banknotes and coins.
Amendment 40 #
2023/0212(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Member States, their relevant authorities and payment service providers should deploy information and educational measures to ensure the necessary level of awareness and knowledge of the different aspects of the digital euro. No additional costs will be charged to users, whether they are clients or merchants.
Amendment 48 #
2023/0212(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The European Central Bank or the Eurosystem do not charge payment service providers for the costs it bears to support their provision of digital euro services to digital euro users. Similarly, payment service providers should not charge users for the costs they bear to support the use of digital euro services.
Amendment 23 #
2022/2898(RSP)
Recital A
A. whereas the Union is founded on the common values enshrined in Article 25(3) TEU of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities – values that are common to the EU Member States and to which candidate countries must adhere in order to join the Union as part of the Copenhagen criteria, which cannot be disregarded or reinterpreted after accession; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may states that ‘under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and in so far as the objectives of the proposed a systemic threat to the Unction cand the rights and freedoms of its citizens; whereas respect for the rule of law is binding on the Union as a whole and its Member States at all levels of governance, including subnational entitiesnot be sufficiently achieved by the Member States’;
Amendment 31 #
2022/2898(RSP)
Recital B a (new)
Ba. whereas there is no commonly accepted legal definition of the concept of the ‘rule of law’ at EU level and the Commission seeks to attribute a subjective set of values and principles to it;
Amendment 32 #
2022/2898(RSP)
Recital C
C. whereas the principle of sincere cooperation in Article 4(3) TEU places an obligation on the Union and the Member States to assist each other in carrying out obligations which arise from the Treaties in full mutual respect, and on Member States to take any appropriate measure, general or in particular, to ensure the fulfilment of the obligations arising from the Treaties or resulting from the acts of the institutions of the Unioneach Member State has its own national identity and the abuse of the concept of the rule of law for political aims destroys mutual trust and sincere cooperation between Member States;
Amendment 42 #
2022/2898(RSP)
Recital F
F. whereas it is necessary to strengthen and streamline existing mechanisms and to develop a single comprehensive EU mechanism to protect democracy, the rule of law and fundamental rights effectively and to ensure that Article 2 TEU values are upheld throughout the Union as well as by candidate countries, albeit with different monitoring regimes, so that Member States are prevented from developing domestic law that runs counter to the protection of Article 2 TEU; whereas the Commission and the Council have continued to dismiss the need for an interinstitutional agreement on an EU mechanism on democracy, the rule of law and fundamental rightsthere is no general competence in the EU Treaties that allows the institutions of the EU to enforce its interpretation of the rule of law throughout the Union;
Amendment 49 #
2022/2898(RSP)
Paragraph 1
1. Welcomes the Commission’s third annual rule of law report arecalls that the Member States part of the Commission’s rule ofe and remain, under public international law, toolbox; considers that while the report represents a step towards a coherent mechanism to preserve Union values, the toolbox remains too flexible and too broad an approach to the rule of lawhe masters of the Treaties; calls for a reform of the EU towards a Europe that upholds the sovereignty and identity of our European nations and peoples;
Amendment 66 #
2022/2898(RSP)
Paragraph 3
Amendment 70 #
2022/2898(RSP)
Paragraph 5
Amendment 76 #
2022/2898(RSP)
Paragraph 6
6. Welcomes the addition of country- specific recommendaCalls on the EU institutions, as a follow up to the reiterated calls from Parliament to this end; recalls that the annual reports serve as a basis for informed discusnd the Member States to abandon their economically and politically disastrous centralising visions on the rule of law situation in Member States; acknowledges that these country- specific recommendations help to target specific issues with a view to achieving real improvements in Member States; deplores, however, the fact that the recommendations are not binding; calls on the Commission to develop the annual rule of law cycle further by assessing the implementation of the country-specific recommendations in the next annual report, with specific benchmarks and a clear timeline for implementationf an ‘ever closer union’, and instead calls for a form of European cooperation that respects the limitations of the EU as laid down by the existing Treaties and is in accordance with the principles of national sovereignty, democracy, transparency, strict subsidiarity and accountability;
Amendment 85 #
2022/2898(RSP)
Paragraph 8
8. Urges the Commission to initiate the relevant procedures without hesitation or delay, especially when governments show no willingness to comply with the country-specific Stresses that each Member State has its own national identity and constitutional traditions, which are in line with European values and must always be treated with respect, objectivity and with regard to the principle of equality; underlines that the rule of law is a fundamental value for all Member States; expresses concern that the abuse of the concept of the rule of law for political aims destroys mutual trust and sincere commendationoperation between Member States;
Amendment 88 #
2022/2898(RSP)
Paragraph 9
9. Commends the efforts by the Commission to engage better with national stakeholders; recognises civil society as an essential actor for the rule of law, with an important role to play in the follow-up to the annual report and its implementation; calls on the Commission to pursue the consistent involvement of civil society alls for an investigation into violations of fundamental rights by non- governmental organisations, including those facilitating the follow-up to the report at national level, in cooperation withsmuggling of illegal migrants into the FRAEU;
Amendment 102 #
2022/2898(RSP)
Paragraph 12
Amendment 112 #
2022/2898(RSP)
Paragraph 13
13. Strongly regrets the inabilityCalls ofn the Council to make meaningful progress in the ongoing Article 7(1) TEU procedures; urges the Council to address all new developments affecting the rule of law, democracy and fundamental rights; reiterates its call on the Council to address recommendations in the framework of this procedure, underlining that any further delaying of such action would amount to a breach of the rule of law principle by the Councimmission to stop using the Rule of Law Conditionality Regulation to put political pressure on some Member States to change policies approved in democratic elections that fall witself; insists that Parliament’s role and competences be respectedhin their competence;
Amendment 117 #
2022/2898(RSP)
Paragraph 14
14. Strongly condemns Member States’ authorities that refuse to engage in the Commission’s annual Rule of Law Dialoguethe pressure put on Member States that wish to defend their constitutional identities;
Amendment 125 #
2022/2898(RSP)
Paragraph 16
16. Recalls its position regarding the involvement of a panel of independent experts to advise the three inSupports the ongoing investitugations, in close cooperation with the FRA; repeats its call on the Commission to invite the FRA to provide methodological advice and conduct comparative research to add detail in key areas ofto allegations of wrongdoing by the mannual report, given the intrinsic links between fundamental rights and the rule of lawagement of the EU Agency for Asylum;
Amendment 130 #
2022/2898(RSP)
Paragraph 17
17. Reiteratecalls that the annual rule of law cycle should serve as input for the activation of other instruments to respond to threats or breaches of the rule of law at national level, such as Article 7 TEUUnion acted outside its powers in adopting the Rule of Law Conditionality Regulation, going beyond the competences conferred upon it in the Treaties by the Member States; stresses, furthermore, that the Regulation infringes the principle of legal certainty; rejects, therefore, the Rule of Law Conditionality Regulation; infringement procedures or instruments under EU financial legislation; reiterates its call on the Commission to create a direct link between the annual rule of law reports, among other sources, and the Rule of Law Conditionality Mechanism its entirety; considers, too, that it is essentially a political tool for bypassing the principle of unanimity laid down in Article 7 of the EU Treaty and it thus infringes EU law;
Amendment 56 #
2022/0426(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The EU Strategy on Combatting Trafficking in Human Beings 2021-202529 sets out a policy response adopting a multi- disciplinary and comprehensive approach from prevention through protection of victims, to prosecution and conviction of traffickers and consumers of the services offered. It included a series of actions to be implemented with the strong involvement of civil society organisations. In order to address evolving trends in the area of trafficking in human beings, as well as shortcomings identified by the Commission, and to further step up efforts against this crime, it is necessary, nevertheless, to amend Directive 2011/36/EU. Identified threats and trends, which require the adoption of new rules concern in particular regarding the modi operandi of traffickers, including the commission or facilitation of offences concerning trafficking in human beings by means of information and communication technologies. Identified shortcomings of the criminal law response requiring an adaptation of the legal framework relate to offences concerning trafficking in human beings committed in the interest of legal persons, to the data collection system, and to the national systems aimed at the early identification of, assistance to and support for victims of trafficking. _________________ 29 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the EU Strategy on Combatting Trafficking in Human Beings 2021–2025, COM(2021) 171 final, 14.4.2021.
Amendment 59 #
2022/0426(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage and illegal adoption in the forms of exploitations explicitly listed in the Directive and to ensure that the Member States address within their national legal systems the widest range of forms of exploitation, insofar as these fulfil the constitutive elements of trafficking in human beings. To avoid any abuse, it is necessary that persons are able to provide law enforcement authorities with evidence that they have been victims of trafficking in human beings.
Amendment 63 #
2022/0426(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage and, illegal adoption and surrogacy in the forms of exploitations explicitly listed in the Directive and to ensure that the Member States address within their national legal systems the widest range of forms of exploitation, insofar as these fulfil the constitutive elements of trafficking in human beings.
Amendment 80 #
2022/0426(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to enhance the national capability to identify victims at an early stage, and to refer them to the appropriate protection, assistance and support services, it is necessary to establish by laws, regulations or administrative provisions National Referral Mechanisms in the Member States. Establishing formal national referral mechanisms and appointing national focal points for the referral of victims are essential measures to enhance cross-border cooperation. Those national points should also be used to check the accuracy of statements regarding a possible victim of trafficking in human beings.
Amendment 135 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2011/36/EU
Article 2 – paragraph 3
Article 2 – paragraph 3
(1) in Article 2, paragraph 3, “or forced marriage, or illegal adoption, or surrogacy” is added at the end of the paragraph.
Amendment 169 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2011/36/EU
Article 8
Article 8
(3a) Article 8 is replaced by the following: “Article 8 Non-prosecution or non-application of penalties to the victim 1. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures tso ensure that competent national authorities are entitledhave the right not to prosecute or impose penalties on victims of trafficking in human beings for their involvement in criminal activitieunlawful acts which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 2. , to accordingly discontinue any proceedings against the victim, terminate any restriction of victims’ rights, annul related penalties and expunge their police and criminal records for acts they commit as a direct consequence of being subjected to any of the acts referred to in Article 2. 2. Member States shall take the necessary measures to ensure that decisions of the competent national authorities referred to in paragraph 1 are conditional on the victim’s willingness to cooperate in the criminal investigation, prosecution or trial. 3. In the case of children, the principle prohibiting detention, prosecution and application of any penalties for their coerced involvement in illegal activities in one of the acts referred to in Article 2 shall apply. Where appropriate, Member States shall set up a specific court for minors if one does not already exist.” Or. fr (Directive 2011/36/EU)
Amendment 172 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new) Directive 2011/36/EU
Article 1 – paragraph 1 a (new) Directive 2011/36/EU
The following Article is inserted: Article 8a (new): Presumed victims shall cooperate with Member States’ law enforcement services to help dismantle criminal networks. When such cooperation takes place, it is necessary to ensure that administrative or criminal proceedings are not initiated against presumed victims. It is therefore necessary to review Directive 2011/36/EU in order to ensure the non-prosecution, non-application of penalties and support to victims is conditional on their cooperation in the criminal investigation, prosecution or trial.
Amendment 181 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2011/36/EU
Article 11 – paragraph 1
Article 11 – paragraph 1
(4a) Article 11(1) is replaced by the following: “Article 11 Assistance and support for victims of trafficking in human beings 1. Member States shall take the necessary measures to ensure that assistance and support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Framework Decision 2001/220/JHA, and in this Directive. and then, where appropriate, escort, to their state of origin as a matter of priority, victims who have been brought to the territory of a Member State by force or deception.” Or. fr (Directive 2011/36/EU)
Amendment 194 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2011/36/EU
Article 11 – paragraph 4
Article 11 – paragraph 4
4. In Article 11, paragraph 4 is replaced by the following: Member States shall take the necessary measures to establish by laws, regulations or administrative provisions, national referral mechanisms aimed at the early identification of, assistance to, and support for victims, in cooperation with relevant support organisations, and to appoint a national focal point for the referral of victims and, once the legal proceedings have ended, to allow them to return to their states of origin as a matter of priority.”
Amendment 39 #
2022/0288(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation does not affect the application of Article 346 of the Treaty on the Functioning of the European Union, which refers to essential interests of the security of the Member States, nor has this Regulation any impact on Directive 2009/43/EC of the European Parliament and of the Council or. In line with the administrative simplification procedures laid down in Articles 10 and 17 of this Regulation, Member States are required to implement the European Firearms Pass system, in accordance with Directive (EU) 2021/555 . Moreover, the UN Firearms Protocol, and consequently this Regulation, do not apply to State-to-State transactions or to State transfers in cases where the application of the Protocol would prejudice the right of a State Party to take action in the interest of national security consistent with the Charter of the United Nations.
Amendment 40 #
2022/0288(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) It is necessary to ensure that the conditions of export authorisations continue to be met throughout the duration of the authorisation, as it is the case for authorisations to possess or acquire a firearm inside the European Union pursuant to Directive (EU) 2021/555fall under the exclusive competence of the Member States and continue to be met throughout the duration of the authorisation.
Amendment 41 #
2022/0288(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Member States should provide access to the European Criminal Records Information System (ECRIS) to the competent authorities for the purpose of the implementation of this Regulation, and they should have available the human and material resources needed for this task.
Amendment 43 #
2022/0288(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to ensure the traceability of firearms, their essential components and ammunition, it is of the utmost importancet that customs are granted access to the secure information exchange network application (SIENA) of Europol. Member States that apply the Regulation (EU) 2016/794 of the European Parliament and the Council37should grant this access. _________________ 37 Council Regulation (EU) 2016/794 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. 53–114)
Amendment 46 #
2022/0288(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) To guarantee the effective flow of information, competent authorities shof the Member States could all be connected to the Customs Information System (the ‘CIS’) established by Regulation (EC) No 515/97, and the data produced or exchanged by competent authorities shcould be compatible and comparable.
Amendment 50 #
2022/0288(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The overall enforcement of this Regulation willcould be facilitated by the interconnection between the electronic licensing system established by this Regulation and the EU Single Window Environment for Customs established by [insert corresponding title and all the information in the footnote as soon as it is adopted]. The electronic licencing system willcould provide for a number of features, including registration of economic operators and natural persons, who are authorised according to the Firearms Directive to manufacture, acquire, possess or trade firearms, their essential components, ammunition or alarm and signal weapons. They will need to register before they request import or export authorisations. Consequently, firearms owners benefitting from administrative simplifications willmust not be required to register in the system.
Amendment 57 #
2022/0288(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1 – introductory part
Article 9 – paragraph 5 – subparagraph 1 – introductory part
Amendment 61 #
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 in the relevant EU, national or international databasdatabases shared by the Member States.
Amendment 62 #
2022/0288(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. CThe competent authorities of the Member States shall annul, suspend, modify or revoke an import authorisation if the conditions for granting it are not met or are no longer met. Where competent authorities take these decisions, they shallmay make this information available to the customs authorities through the electronic licensing system referred to in Article 28of the Member States and inform the Commission, the European Parliament and the Council through diplomatic channels.
Amendment 65 #
2022/0288(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. ‘alarm and signal weapons’ means devices with a cartridge holder which are designed to fire only blanks, irritants, other active substances or pyrotechnic signalling rounds, such as firework rockets, and which are not capable of being converted to expel a shot, bullet or projectile by the action of a combustible propellant;
Amendment 77 #
2022/0288(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Where the competent authorities have suspended an export authorisation, their final assessment shallmay be communicated to the other Member States at the end of the period of suspension, through the electronic licensing system as referred to in Article 28, the European Commission, the European Parliament and the Council at the end of the period of suspension, through diplomatic channels.
Amendment 89 #
2022/0288(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The European Commission, competent authorities and customs authorities shallthe European Parliament, the Council, the competent authorities of the Member States and the customs authorities of the Member States may cooperate closely and exchange information.
Amendment 92 #
2022/0288(COD)
Proposal for a regulation
Article 23 – paragraph 2 – introductory part
Article 23 – paragraph 2 – introductory part
2. The risk information, including risk analysis and control results, relevant for the enforcement of this Regulation and, in particular, in relation to suspicion of trafficking of firearms, their essential components, ammunition and alarm and signal weapons shallmay be exchanged and processed between customs authorities and the Commission in accordance with: Between customs authorities in accordance with Article 46(5) of Regulation (EU) No 952/2013the customs authorities of the Member States; and
Amendment 93 #
2022/0288(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Where in relation to firearms, their essential components, ammunition and alarm and signal weapons listed in Annex I that are either in temporary storage or placed under any customs procedure, customs authorities have reason to believe that those products are not compliant, they shallmay in addition to taking the necessary measures as described in Article 22 transmit all relevant information to the competent authorities of the Member States.
Amendment 96 #
2022/0288(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point a
Article 25 – paragraph 1 – subparagraph 1 – point a
(a) without delay, inform the competent authority of destination in the customs territory of the Union of the illegal shipment of firearms, their components, ammunition or alarm and signal weapons;
Amendment 97 #
2022/0288(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point b
Article 25 – paragraph 1 – subparagraph 1 – point b
(b) in case of intra-EU transit or external-transit, without delay inform the competent authority of the Member State of dispatch in the customs territory of the Union of the illegal shipment of firearms, their components, ammunition or alarm and signal weapons.
Amendment 99 #
2022/0288(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. In case of suspicion of trafficking of firearms, their essential components, ammunition or alarm and signal weapons, the information related to firearms, their essential components and ammunition seized during customs controls shallmay be shared by the customs authority of the Member State with the competent authorities referred to in Article 34(2) of this Regulationof the other Member States through Europol’s Secure Information Exchange Network Application.
Amendment 100 #
2022/0288(COD)
Proposal for a regulation
Article 25 – paragraph 3 – introductory part
Article 25 – paragraph 3 – introductory part
3. Seizure data shallmay include, if available, the following information:
Amendment 103 #
2022/0288(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. CThe customs authorities shallof the Member States may, by any electronic means established for that purpose in accordance with applicable customs legislation, share the appropriate risk information and risk analysis results in relation to trafficking of firearms, their essential components and ammunition, in accordance with obligations set in Article 46 (5) of Regulation (EU) No 952/2013.
Amendment 104 #
2022/0288(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In accordance with their national law or practice in force, Member States shall keep, for not less than 20 years, all information relating to firearms and, their essential components and ammunition, which is necessary to trace and identify those firearms, their essential components and ammunition, and to prevent and detect illegal trafficking therein. That information shall include the place, dates of issue and expiry of the export authorisation; the country of export; the country of import; where applicable, the third country of transit; the consignee; the final recipient if known at the time of export; and the description and quantity of the items, including the unique marking referred to in Article 4 of Directive (EU) 2021/555 .
Amendment 106 #
2022/0288(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Member States shallmay confidentially submit via email to the Commission each year by 31 Julyto the European Commission, the European Parliament and the Council, via diplomatic channels, their national annual data for the preceding year on:
Amendment 116 #
2022/0288(COD)
Amendment 123 #
2022/0288(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Commission, in consultation with the Coordination Group established by Article 33European Parliament and the Council, shall develop or chose a secure and encrypted system to support direct cooperation and the exchange of information between Member States regarding refusals to grant import or export authorisations.
Amendment 124 #
2022/0288(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The Commission shall, by means of implementing actsafter consulting the European Parliament and the Council, establish rules for the functioning of the exchange of information between Member States regarding refusals to grant import or export authorisations. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2) of this Regulation.
Amendment 12 #
2022/0135(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) While Kuwait and Qatar present low risks of irregular migration to the Union and issue biometric passports in line with standards of the International Civil Aviation Organisation. Security cooperation with those countries has intensified in recent years. As regards economic inter, Qatar is often accused of financing NGOs that promote hard-line Islam in France and Europe and that finance fundamentalist mosques. On the economic front, the two emirates sell their energy, needed by the Wests, Kuwait and Qatar are important economic partners for the Union, in particular in the area of energy. Although challenges remain in the area of human rights and fundamental freedoms, Kuwait and Qatar have undergone societal transformations and improvements regarding women’s rights, labour rights and freedom of religion and interfaith dialogue andand are home to very wealthy investors whom Europe is keen to attract. The Qatari have invested more than 25 billion in France, including 6 billion in real estate. In return, they have already been given considerable fiscal benefits. The purchase of the renowned Paris Saint-Germain football club has led to a degree of public acceptance but, back in Qatar, local companies are exsuspected to continue making progress and reforms. The long-term benefits of visa-free travel to the EU can reinforce positive trends in these areaof drawing large profits from World Cup building sites with slave-like working conditions.
Amendment 24 #
2022/0135(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than 90 days in any 180-day period, and references to those countries should be transferredthere is no reason to bestow an extra privilege on Qatari and Kuwaiti citizens. The role of the national authorities in controlling the movement of people between these two Annex II to Regulation (EU) 2018/1806States and the Member States should be upheld.
Amendment 59 #
2022/0117(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Increasing numbers of journalists are being harassed, threatened and attacked either while reporting on or after having filed reports on Islamism; it is vital to ensure their safety and to address this specific threat;
Amendment 69 #
2022/0117(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Human rights defenders play an important role in democracies, particularly in defending national and European borders, when deterring irregular immigrants from taking potentially life-threatening risks such as crossing the Mediterranean or the English Channel;
Amendment 73 #
2022/0117(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Is worried about the French Government’s threats to a private audiovisual conglomerate owing to ideological disagreements; notes that this is an attack on the independence of France’s Public Authority for the Regulation of Audiovisual and Digital Communication (ARCOM) and a breach of the duty of confidentiality; points out that ARCOM subsequently opposed the government, stressing that the conglomerate in question was in full compliance with rules on political pluralism;
Amendment 102 #
2022/0117(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) With a view to reinforcing freedom of expression, takes the view that something should be done to combat anonymous activist groups attempting to scare advertisers away from media outlets that do not share their ideology;
Amendment 106 #
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, immigration policy or other relevant aspects of goods, products or services where such matters are relevant to public health, safety, the environment, climate or enjoyment of fundamental rights. A purely individual dispute between a consumer and a manufacturer or a service provider concerning a good, product or service should be covered only when the matter contains an element of public interest, for instance concerning a product or service which fails to comply with environmental or safety standards.
Amendment 160 #
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, immigration policy, the environment, climate or enjoyment of fundamental rights;
Amendment 40 #
2021/0427(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Any body or organisation which takes part in organising or supporting countries that instrumentalise migration flows shall immediately be ineligible for any EU funding.
Amendment 43 #
2021/0427(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) One of the tools is the immediate suspension of all financial contributions from the European Union for countries instrumentalising migration flows and/or refusing the return of their citizens who have attempted to illegally cross one of the external borders of a Member State of the European Union.
Amendment 47 #
2021/0427(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To assist the Member State facing an instrumentalisation situation with the orderly management of the flows, under the emergency asylum management procedure, it should be possible for the Member State concerned to decide in relation to third-country nationals or stateless persons that have been apprehended or found in the proximity of the external border with the third country instrumentalising migrants after an unauthorised crossing or who have presented themselves at border crossing points, to register applications for international protection only at specific registration points designated for this purpose situated in the proximity of the border, and provide an effective possibility for lodimmediately return third-country nationals to the country of origing an application for international protection only at the specific points that have been designated for such purposes and which should be easily accessibled/or the country that instrumentalised migration flows. An effective and genuine access to the international protection procedure must be ensured in accordance with Article 18 of the Charter of Fundamental Rights of the European Union and the Geneva Convention of 28 July of 1951. To this end, the Member State concerned should ensure that sufficient registration points, which may include border crossing points, are designated and open for such purpose. Applicants should be duly informed about the locations where their application will be registered and can be lodged.
Amendment 50 #
2021/0427(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In a situation of instrumentalisation of migrants, it is essential to prevent the entry of those who do not fulfil entry conditions, while ensuring the protection of fundamental rights. In order to ensure that the Member State facing such a situation has the necessary flexibility and avoid that a hostile third country targets specific nationalities or specific categories of third-country nationals or stateless persons, it should be possible under the emergency migration and asylum management procedure set out in this Regulation for the Member State concerned to take a decision in the framework of the border procedure, as set out in Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] on admissibility and the merits of all applications for international protection by third-country nationals or stateless persons apprehended or found in the proximity of the border with the third country after an unauthorised crossing or who presented themselves at border crossing points. The principles and guarantees set out in Regulation (EU) XXX/XXX [Asylum Procedure Regulation] have to be respectedm from crossing the border.
Amendment 56 #
2021/0427(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In a situation of instrumentalisation of migrants, it should be possible for the Member State concerned to register applications for international protection within an extended period of four weeks. In addition, it should be possible to examine applications for international protection at the border for a maximum duration of sixteen weeks. If the decision on the application, including a decision on a possible appeal against a negative decision, which should not have automatic suspensive effect, is not taken within the sixteen weeks, entry to the territory should be granted, unless the person is subject to the return procedure. These procedural timelines are conceived to help the Member State concerned to deal with the situation of instrumentalisation of migrants. When confronted with such a situation, the Member State concerned need to divert resources to manage the third country nationals arriving at its borders or that are already present in its territory. As a result, in such situations, the Member State concerned may need time to reorganise their resources and increase their capacity, including with the support of the EU agencies. Furthermore, the number of applicants under the border procedure will be higher than under normal circumstances, and therefore the Member State facing a situation of instrumentalisation may need more time to be able to take decisions without allowing entry into the territory. However, the Member State concerned should prioritise the registration of applications of well-founded cases and unaccompanied minors and minors and their family membershall have the right to immediately return migrants to the country of origin and/or to the country that instrumentalised the flows.
Amendment 60 #
2021/0427(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Any violent acts at the border must be avoided at all costs, not onlyThe border of a Member State shall be recognised as inviolable, in order to protect the territorial integrity and security of the Member State facing a situation of instrumentalisation but also to ensure the security and safety of the third-country nationals or stateless persons, including families and children that are awaiting their opportunity to apply for asylum in the Union peacefully. Where the Member State concerned is confronted at its external border with violent actions, including in the context of attempts by third country nationals to force entry en masse and using disproportionate violent means, the Member State concerned should be able to take the necessary measures in accordance with their national law to preserve security, law and order and the inviolability of their borders, and ensure the effective application of this Regulation.
Amendment 61 #
2021/0427(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Where a Member State is faced with a flow of third-country nationals or stateless persons at the border due to instrumentalisation, it might not be possible for the Member State in practice to ensure the material reception conditions normally required as the Member State’s capacities might be overstretched. For this reason, in a situation of instrumentalisation, the Member State concerned should be able to set modalities for material reception conditions that differ from those provided for in Directive XXX/XXX [Reception Conditions Directive recast] in cases other than those referred to in Article 17(9) of that Directive, while providing third-country nationals and stateless persons with temporary shelter which should be adapted to seasonal weather conditions and covering their basic needs, in particular by providing food, water, clothing, adequate medical care, and assistance to vulnerable persons, in full respect of the right to human dignity. Without prejudice to the obligations set in that regard upon Member States by this Regulation, Member States should also ensure access and allow for the provision of humanitarian assistance by the humanitarian organisations in line with the existing needs of the persons concernedwhere attempts are made to cross its borders illegally, the Member State shall be allowed to take exceptional measures.
Amendment 63 #
2021/0427(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 64 #
2021/0427(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 65 #
2021/0427(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 67 #
2021/0427(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 69 #
2021/0427(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 71 #
2021/0427(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 80 #
2021/0427(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – paragraph 1
Article 2 – paragraph 1 – point a – paragraph 1
Where applying this derogation, the Member State concerned shall prioritise the registration of applications likely to be well-founded and those of unaccompanied minors and minors and their family membershall pay particular attention to children and vulnerable persons.
Amendment 85 #
2021/0427(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b – paragraph 1
Article 2 – paragraph 1 – point b – paragraph 1
Where applying this derogation, the Member State concerned shall prioritise the examination of applications for international protection likely to be well- founded and those lodged by unaccompanied minors and minors and their family memberminors, who have been able to prove that they are minors where doubt exists.
Amendment 88 #
2021/0427(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 90 #
2021/0427(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
Amendment 92 #
2021/0427(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 98 #
2021/0427(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Member State facing a situation of instrumentalisation shall send a request to the Commissionuncil for support and solidarity contributions from other Member States specifying the solidarity measures requestedfrom the European Border and Coast Guard Agency, Europol and the European Union Agency for Asylum. These agencies shall intervene in accordance with the national legislation in force.
Amendment 99 #
2021/0427(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Without prejudice to the solidarity provisions of Regulation (EU) XXX/XXX [Crisis and force majeure Regulation], the Commission, as soon as possible after receiving the request for support and solidarity measures as referred to in paragraph 2, shall invite other Member States to contribute by means of the support and solidarity measures referred to in paragraph 1 that correspond to the needs of Member State facing a situation of instrumentalisation. The Commission shall coordinate the support and solidarity measures referred to in this ArticlIn the event of a migration crisis, the Commission, at the request of the Council, shall make available the European Agencies whose assistance is sought by the requesting Member State.
Amendment 100 #
2021/0427(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 101 #
2021/0427(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where applying the derogations referred to in Articles 2, 3 and 4, the Member State concerned shall duly inform third-country nationals or stateless persons in a language which the third-country national or stateless person understands or is reasonably supposed to understand about the measures applied, the location of the registration points, including the border crossing points, accessible for registering and lodging an application for international protection, anillegality of their actions and the return to the country of origin and/or countries having instrumentalised the dumigration of the measureflows.
Amendment 103 #
2021/0427(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 104 #
2021/0427(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. A Member State faced with the arrival of third-country nationals or stateless persons at its external border as a consequence of a situation of instrumentalisation of migrants, may request the authorisation to apply the derogations provided for in Articles 2, 3 and 4put up physical barriers to protect itself.
Amendment 106 #
2021/0427(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the Commission considers it appropriate, on the basis of the information provided by the requesting Member State facing a situation of instrumentalisation of migrants, the Commissionuncil shall, without delay, make a proposal for a Counciln Implementing Decision referred to in paragraph 3and propose intervention by the European Border and Coast Guard Agency.
Amendment 107 #
2021/0427(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The Council shall take the decision to immediately suspend all financial interventions by the European Union for countries instrumentalising migration flows and/or countries refusing the return of their citizens who have illegally crossed one of the external borders of a Member State of the European Union.
Amendment 109 #
2021/0427(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 112 #
2021/0427(COD)
Proposal for a regulation
Article 8
Article 8
Amendment 43 #
2021/0393(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) As the register has been set up after Regulation (EU) 2018/1727 had already been adopted, the European Judicial Counter-Terrorism Register is neither technically well integrated at Eurojust nor legally well integrated in Regulation (EU) 2018/1727. Therefore, it is necessary to remedy that by adopting a consistent approach to the verification of identified potential links between terrorism cases and the effective follow-up of these links. The management of the information in the European Judicial Register and the follow-up of potential links must be carried out in full respect of confidentiality and data ownership.
Amendment 48 #
2021/0393(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) As terrorist organisations are increasingly involved in other forms of seriousserious and sophisticated forms of financial and organised crimes, such as trafficking in human beings, drug trafficking or money laundering, it is also necessary to cross- check judicial proceedings against such serious crimes.
Amendment 53 #
2021/0393(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The competent authorities need to know exactly what kind of information they have to transmit to Eurojust, at what stage of the national proceedings, in accordance with national law, and in which cases, in order to provide such data. This is expected to increase the information Eurojust receives significantly.
Amendment 60 #
2021/0393(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) For the identification of cross-links between terrorism investigations and judicial proceedings against suspects of terrorist offences, reliable identification data is crucial. Due to the uncertainties regarding alphanumerical data especially for third country nationals, it should be possible to exchange biometric data, provided that such data are collected and stored and can be transmitted to the competent national authorities in accordance with the national law of each Member State. Due to the sensitive nature of biometric data and the impact processing of biometric data has on the respect for private and family life and the protection of personal data, as enshrined in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, a strict necessity test should be applied by the competent authorities and Eurojust in each case.
Amendment 66 #
2021/0393(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As information about existing cross-links to other judicial proceedings is most useful at an early stage of the investigation, it is necessary that the competent authorities provide information to Eurojust as soon as judicial authorities are involvedthe opportunity arises, in accordance with the national law of each Member State. If the competent national authorities are already aware of cross-links, they should inform Eurojust accordingly.
Amendment 71 #
2021/0393(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Given the sensitive nature of judicial proceedings against suspects of terrorist offences, it is not always possible for the competent national authorities to share the information on terrorist offences at the earliest stage. Such derogations from the obligation to provide informationIf the transmission of information could jeopardise ongoing investigations or the security of the person or the Member State concerned, the competent national authorities should not be obliged to provide Eurojust with information on terrorist offences at the initial stage of the proceedings. Information sharing should remain an exceptional measure.
Amendment 86 #
2021/0393(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) The transnational dimension of cross-border terrorism investigations poses several practical problems for the national authorities involved. For this reason, Eurojust should play an important role, in particular as regards constraints related to travel, limited access to operational equipment and language barriers.
Amendment 87 #
2021/0393(COD)
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21b) The free movement of people in the European Union strengthens terrorism. Eurojust's operational missions should support the actions taken by Member States in the fight against this movement of criminals by strengthening police and judicial cooperation.
Amendment 93 #
2021/0393(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The competent national authority, in accordance with its domestic legislation, may decide whether to retain the data of persons who have been acquitted or refused prosecution after final judgements.