2023/2073(INI)

Eleni STAVROU

Motion for a resolution
Recital J a (new)

Ja. whereas critical raw materials play a pivotal role in ensuring the accessibility and affordability of clean energy technologies for all, but the EU should establish a coherent framework to ensure their continuous, secure, and responsible supply, while upholding human rights and supporting local development, in accordance with the principles outlined in the Critical Raw Materials Act;

2023/10/17
Committee: DEVE

Christine SCHNEIDER, Lena DÜPONT, Pernille WEISS, Arba KOKALARI, Isabella ADINOLFI, Elżbieta Katarzyna ŁUKACIJEWSKA, Angelika WINZIG, Eleni STAVROU, Frances FITZGERALD

20 b. Urges Member States to introduce rehabilitation programmes that include safe accommodation and secure care, medical help, psychological help (trauma therapy), specialised help for women with addictions and specialised help for women with children;

2023/02/10
Committee: FEMM

2022/2139(INI)

Christine SCHNEIDER, Lena DÜPONT, Pernille WEISS, Arba KOKALARI, Isabella ADINOLFI, Elżbieta Katarzyna ŁUKACIJEWSKA, Angelika WINZIG, Eleni STAVROU, Frances FITZGERALD

Motion for a resolution
Paragraph 20 c (new)

20 c. Calls for adequate protections for LGBTI prostitutes who have reported facing discrimination, humiliation and denial of services from healthcare workers, either based on their sexual orientation, gender identity, or any combination of these; recalls that the denial of services based on the grounds of their sexual orientation is a breach of the European charter of fundamental rights; calls for better access to PREP and PEP medication as well as awareness about when and where they are available;

2023/02/10
Committee: FEMM

2022/2139(INI)

Christine SCHNEIDER, Lena DÜPONT, Pernille WEISS, Arba KOKALARI, Isabella ADINOLFI, Elżbieta Katarzyna ŁUKACIJEWSKA, Eleni STAVROU, Frances FITZGERALD

Motion for a resolution
Paragraph 23

23. Calls on the Member States for specific measures to assist women in prostitution with their social and professional reintegration; calls for such exit programmes to work gradually, for women to be supported on their personal paths and for people’s potential to be recognised, with and professional training and further education programmes being adapted to take account of this;

2023/02/10
Committee: FEMM

2022/2139(INI)

Christine SCHNEIDER, Lena DÜPONT, Pernille WEISS, Arba KOKALARI, Isabella ADINOLFI, Elżbieta Katarzyna ŁUKACIJEWSKA, Angelika WINZIG, Eleni STAVROU, Frances FITZGERALD

Motion for a resolution
Paragraph 23 b (new)

23 b. Underlines that a successful exit programme must be one which is readily accessible and able to help women who have psychological problems, those who fail to master the Member State’s language, those who have experiences of duress and exploitation, as well as those with a history of addictions;

2023/02/10
Committee: FEMM

2022/2139(INI)

Christine SCHNEIDER, Lena DÜPONT, Pernille WEISS, Arba KOKALARI, Isabella ADINOLFI, Elżbieta Katarzyna ŁUKACIJEWSKA, Angelika WINZIG, Eleni STAVROU, Frances FITZGERALD

Motion for a resolution
Paragraph 23 c (new)

23 c. Notes that exit programmes for women seeking to leave prostitution are best able to help women and girls in a free market economy that is high growth and in turn able to provide women and girls with good quality, well-paying jobs that represents a viable alternative to prostitution;

2023/02/10
Committee: FEMM

2022/2139(INI)

Christine SCHNEIDER, Lena DÜPONT, Pernille WEISS, Isabella ADINOLFI, Elżbieta Katarzyna ŁUKACIJEWSKA, Angelika WINZIG, Eleni STAVROU, Frances FITZGERALD

Motion for a resolution
Paragraph 23 e (new)

23 e. Calls on the Commission to launch a programme that would engage prostitutes (both former and current) into a training scheme that would help them kick start their own entrepreneurial activity;

2023/02/10
Committee: FEMM

2022/2138(INI)

Ewa KOPACZ, Elżbieta Katarzyna ŁUKACIJEWSKA, Frances FITZGERALD, Sirpa PIETIKÄINEN, Christine SCHNEIDER, Eleni STAVROU

Motion for a resolution
Recital B a (new)

B a. B a. Whereas sexual harassment in European streets has a gendered dimension with a disproportionate number of women and girls falling victim to sexual harassment including, but not limited to, sexual assault and rape;

2023/02/06
Committee: FEMM

2022/2138(INI)

Ewa KOPACZ, Elżbieta Katarzyna ŁUKACIJEWSKA, Frances FITZGERALD, Sirpa PIETIKÄINEN, Christine SCHNEIDER, Eleni STAVROU

Motion for a resolution
Recital C

C. whereas the proportion of women who have ever worked and have experienced any unwanted behaviour with a sexual connotation in the workplace varies between Member States, ranging from 11 % to 41 %7 ; whereas sexual harassment disproportionately affects women workers, including women from racialized communities; whereas colourism is a serious issue that needs addressing in the work place; _________________ 7 EU survey on gender-based violence against women and other forms of inter- personal violence (EU-GBV) – first results – 2022 edition.

2023/02/06
Committee: FEMM

2022/2138(INI)

Ewa KOPACZ, Elżbieta Katarzyna ŁUKACIJEWSKA, Frances FITZGERALD, Sirpa PIETIKÄINEN, Eleni STAVROU

Motion for a resolution
Recital F a (new)

F a. whereas more data is required to understand the breakdown of harassment that exists, particularly keeping in mind that many LGBTI employees work in an environment marked by prejudice and hostility;

2023/02/06
Committee: FEMM

2022/2138(INI)

Ewa KOPACZ, Elżbieta Katarzyna ŁUKACIJEWSKA, Frances FITZGERALD, Sirpa PIETIKÄINEN, Christine SCHNEIDER, Eleni STAVROU

Motion for a resolution
Recital G a (new)

G a. Whereas cases of sexual harassment is a gendered phenomenon but harassment akin to bullying, denigration and belittling is undertaken by all genders;

2023/02/06
Committee: FEMM

2022/2138(INI)

Ewa KOPACZ, Elżbieta Katarzyna ŁUKACIJEWSKA, Frances FITZGERALD, Sirpa PIETIKÄINEN, Christine SCHNEIDER, Eleni STAVROU

Motion for a resolution
Recital G b (new)

G b. Whereas European Parliament President Roberta Metsola stated that, “The European Parliament must be a safe and welcoming space for everyone - free from harassment. We must be the example”;

2023/02/06
Committee: FEMM

2022/2138(INI)

Ewa KOPACZ, Elżbieta Katarzyna ŁUKACIJEWSKA, Frances FITZGERALD, Sirpa PIETIKÄINEN, Christine SCHNEIDER, Eleni STAVROU

Motion for a resolution
Recital G c (new)

G c. Whereas the Employment Equality Directive enshrines the right not to be discriminated against, nor be subjected to harassment, in employment contexts on the basis of sexual orientation[1]. [1] Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).

2023/02/06
Committee: FEMM

2022/2138(INI)

Ewa KOPACZ, Elżbieta Katarzyna ŁUKACIJEWSKA, Frances FITZGERALD, Sirpa PIETIKÄINEN, Christine SCHNEIDER, Eleni STAVROU

Motion for a resolution
Recital G d (new)

G d. G d. Whereas The ‘Gender Equality Directives’ stipulate that sex- based and sexual harassment at work and in access to goods and services are contrary to the principle of equal treatment between men and women;

2023/02/06
Committee: FEMM

2022/2138(INI)

Ewa KOPACZ, Elżbieta Katarzyna ŁUKACIJEWSKA, Frances FITZGERALD, Sirpa PIETIKÄINEN, Christine SCHNEIDER, Eleni STAVROU

Motion for a resolution
Paragraph 1 a (new)

1 a. Recognises that women, especially those who live in rural areas, often have limited transport services, meaning they can be devoid of options to return home safely; therefore calls on local authorities to ensure a safe public transport service that is able to serve womens' needs;

2023/02/06
Committee: FEMM

2022/2138(INI)

Ewa KOPACZ, Elżbieta Katarzyna ŁUKACIJEWSKA, Frances FITZGERALD, Sirpa PIETIKÄINEN, Christine SCHNEIDER, Eleni STAVROU

Motion for a resolution
Paragraph 1 b (new)

1 b. Calls on Member States to ensure that urban planning takes into consideration women and girls’ needs, including safety and security; calls on Member States to ensure adequate, sustainable street lighting to avoid situations where women have to face dark, eerie spots when commuting to and from work;

2023/02/06
Committee: FEMM

2022/2138(INI)

Ewa KOPACZ, Elżbieta Katarzyna ŁUKACIJEWSKA, Frances FITZGERALD, Sirpa PIETIKÄINEN, Christine SCHNEIDER, Eleni STAVROU

Motion for a resolution
Paragraph 2

2. Reiterates its call for the EU and the Member States to ratify the Istanbul Convention, the international gold standard to prevent gender-based violence, and in so doing protect victims and punish perpetrators; Stresses the need to intercept prevalent cultural attitudes about violence and gender equality; is convinced that the EU and the Member States should learn from the crises and backlashes against gender equality by adopting and implementing concrete, efficient and ambitious rules and policies on preventing and combating violence;

2023/02/06
Committee: FEMM

2022/2138(INI)

Ewa KOPACZ, Elżbieta Katarzyna ŁUKACIJEWSKA, Frances FITZGERALD, Sirpa PIETIKÄINEN, Christine SCHNEIDER, Eleni STAVROU

Motion for a resolution
Paragraph 3 a (new)

3 a. Stresses that special attention must be paid to women and girls fleeing war, particularly in the case of Ukrainian women in the aftermath of Russian attack(s);

2023/02/06
Committee: FEMM

2022/2138(INI)

Ewa KOPACZ, Elżbieta Katarzyna ŁUKACIJEWSKA, Frances FITZGERALD, Sirpa PIETIKÄINEN, Eleni STAVROU

Motion for a resolution
Paragraph 4

4. Is convinced that the European institutions should behave as exemplary employers and establish zero-tolerance standards; calls on the Commission to assess, exchange and compare the existing best practices and to disseminate the results of this assessment as regards the most effective measures;

2023/02/06
Committee: FEMM

2022/2138(INI)

Ewa KOPACZ, Elżbieta Katarzyna ŁUKACIJEWSKA, Frances FITZGERALD, Sirpa PIETIKÄINEN, Christine SCHNEIDER, Eleni STAVROU

Motion for a resolution
Paragraph 5

5. Regrets the fact that, in spite of the progress initiated by the MeToo campaign, which helped to break the silence and raise awareness of the need to implement better working conditions for all staff, cases of sexual harassment still occur in the European institutions, including Parliament as well as taking into account the new conditions of remote working and the subsequent lessons of the COVID-19 pandemic; recalls that these cases cast a shadow over the functioning of our institutions and undermine the confidence of EU citizens in them;

2023/02/06
Committee: FEMM

2022/2138(INI)

Ewa KOPACZ, Elżbieta Katarzyna ŁUKACIJEWSKA, Frances FITZGERALD, Sirpa PIETIKÄINEN, Eleni STAVROU

Motion for a resolution
Paragraph 5 a (new)

5 a. Calls on the EU Member States to strengthen awareness raising of equality bodies supervising discriminatory practices through adequate resources sufficient to ensure their effective functioning;

2023/02/06
Committee: FEMM

2022/2138(INI)

Ewa KOPACZ, Elżbieta Katarzyna ŁUKACIJEWSKA, Frances FITZGERALD, Sirpa PIETIKÄINEN, Christine SCHNEIDER, Eleni STAVROU

Motion for a resolution
Paragraph 7

7. Notes that sexual harassment cases are still under-reported because victims do not use the existing channels, demonstrating the need for further efforts with regard to the prevention of sexual harassment including information campaigns which can enable victims to recognise examples of harassment;

2023/02/06
Committee: FEMM

2022/2138(INI)

Ewa KOPACZ, Elżbieta Katarzyna ŁUKACIJEWSKA, Frances FITZGERALD, Sirpa PIETIKÄINEN, Christine SCHNEIDER, Eleni STAVROU

Motion for a resolution
Paragraph 8

8. Recalls the duty of all of the European institutions to put in place all necessary policies to prevent and address all forms of harassment and violence, and urges them to ensure that all of the rules in place guarantee a zero-tolerance approach to any forms of misconduct and full support for all victims; calls on the European institutions to strengthen their internal rules and policies to ensure that in cases of harassment and violence, they should not only suspend the perpetrator, but also entirely remove their salary once proven guilty;

2023/02/06
Committee: FEMM

2022/2138(INI)

Ewa KOPACZ, Elżbieta Katarzyna ŁUKACIJEWSKA, Frances FITZGERALD, Sirpa PIETIKÄINEN, Eleni STAVROU

Motion for a resolution
Paragraph 11

11. Welcomes the measures implemented under the ‘Updated Roadmap for the adaptation of preventive and early support measures to deal with conflict and harassment between Members of the EP and APAs, trainees and other staff’ adopted by the Bureau on 12 March 2018, and the Gender Action Plan; calls for the improvement, on a regular basis, of awareness raising for all persons working on Parliament’s premises about the zero- harassment policy, in order to provide them with the tools to recognise all forms of harassment and to report it; calls for more data so as to ascertain the extent of which harrasment affects employees within the EP including a particular focus on the LGBTI community;

2023/02/06
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 2

(2) This Regulation concerns the recognition in a Member State of the parenthood of a child as established in another Member State. It aims to protect the fundamental rights and other rights of children in matters concerning their parenthood in cross-border situations, including their right to an identity31 , to non-discrimination32 and to a private and family life33 , taking the best interests of the child as a primary consideration34 . This Regulation also aims to provide legal certainty and predictability and to reduce litigation costs and burden for families, national courts and other competent authorities in connection with proceedings for the recognition of parenthood in another Member State. To attain these aims, this Regulation should require Member States to recognise for all purposes the parenthood of a child as established in another Member State. Facilitating the regulatory framework to recognise parenthood in all EU countries is primarily in the best interest of the child so as to ensure children’s right to identity, nationality, non-discrimination and succession and maintenance rights are protected across the EU. _________________ 31 Article 8 of the UN Convention on the Rights of the Child. 32 Article 2 of the UN Convention on the Rights of the Child, Article 21 of the Charter of Fundamental Rights of the European Union. 33 Article 9 of the UN Convention on the Rights of the Child, Articles 7 and 24 of the Charter of Fundamental Rights of the European Union. 34 Article 3 of the UN Convention on the Rights of the Child, Article 24 of the Charter of Fundamental Rights of the European Union.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 5

(5) Under the Treaties, the competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood. Measures to recognise parenthood in all EU countries are an important part of strengthening, facilitating and encouraging free movement within the EU, including the right to return back to the Member State of origin and continue the life that was built while away.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 6

(6) In conformity with the Union’s competence to adopt measures on family law with cross-border implications, the 2010 ‘European Council Stockholm programme – An open and secure Europe serving and protecting citizens’40 invited the Commission to consider the problems encountered with regard to civil status documents and the access to registers of such documents and, in the light of its findings, to submit appropriate proposals and consider whether the mutual recognition of the effects of civil status documents could be appropriate, at least in certain areas. The Commission Action Plan Implementing the Stockholm Programme41 envisaged a legislative proposal for dispensing with the formalities for the legalisation of documents between Member States and a legislative proposal on the mutual recognition of the effects of certain civil status documents, including as regards birth, parenthood and adoption. Points out that findings could serve to remedy the lack of existing legal protections which have even culminated in European children, including girls, being rendered stateless and denied equal treatment. _________________ 40 OJ C 115 of 4.5.2010, p. 1. 41 COM(2010) 171 final.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 8

(8) While the Union has competence to adopt measures on family law with cross- border implications such as rules on international jurisdiction, applicable law and the recognition of parenthood between Member States, to date the Union has not adopted provisions in those areas as regards parenthood. The Member States’ provisions currently applicable in these areas differ. In order to increase the safety of children and to make it easier for families to live in the EU, it is of great importance that the Union adopts regulations that make parenthood legal across national borders as a prerequisite for gender equality.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Eleni STAVROU

Proposal for a regulation
Recital 10

(10) As a result of the absence of Union provisions on international jurisdiction and applicable law for the establishment of parenthood in cross-border situations and on the recognition of parenthood between Member States, families may encounter difficulties in having the parenthood of their children recognised for all purposes within the Union, including when they move to another Member State or return to their Member State of origin. All families, regardless of how they came about, must have the right to be a family on equal terms in society as a means of promoting gender equality.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Eleni STAVROU

Proposal for a regulation
Recital 11

(11) Children derive a number of rights from parenthood, including the right to an identity, a name, nationality (where governed by ius sanguinis), custody and access rights by their parents, maintenance rights, succession rights and the right to be legally represented by their parents. The non-recognition in a Member State of the parenthood established in another Member State can have serious adverse consequences on children’s fundamental rights and on the rights that they derive from national law. This may prompt families to start litigation to have the parenthood of their child recognised in another Member State, although those proceedings have uncertain results and involve significant time and costs for both families and the Member States’ judicial systems. Ultimately, families may be deterred from exercising their right to free movement for fear that the parenthood of their child will not be recognised in another Member State for the purposes of rights derived from national law. To allow families to fall outside the system on which society is built, is to discriminate against children and their families: their rights to security and dignity must be upheld. To deny some families the right to exist is to deny them of the dignity of the individual and is contrary to our European way of life and the promotion of gender equality.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 12

(12) In 2020 the Commission announced measures47 to ensure that the parenthood established in a Member State would be recognised in all other Member States. This initiative was included in the 2020 EU LGBTIQ Equality Strategy48 and the 2021 EU Strategy on the rights of the child49 as a key action to support equality and the rights of children. The European Parliament welcomed the Commission’s initiative in its 2021 Resolution on LGBTIQ rights in the EU50 and in its 2022 Resolution on the protection of the rights of the child in civil, administrative and family law proceedings51 . In the European Union, both parenthood, civil union and marriage between people of all genders recognised in one EU country should be recognised throughout the EU. _________________ 47 State of the Union Address by Commission President von der Leyen at the European Parliament Plenary, 20 September 2020. 48 Union of Equality: LGBTIQ Equality Strategy 2020-2025, COM(2020) 698 final. 49 EU Strategy on the rights of the child, COM(2021) 142 final. 50 European Parliament resolution of 14 September 2021 on LGBTIQ rights in the EU (2021/2679(RSP)). 51 European Parliament resolution of 5 April 2022 on the protection of the rights of the child in civil, administrative and family law proceedings (2021/2060(INI)).

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Eleni STAVROU

Proposal for a regulation
Recital 13

(13) Women, girls and all other childrens’ right to free movement is impinged if the whole family unit is not recognised. This Regulation should not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, including Directive 2004/38/EC. For instance, Member States must already today recognise a parent-child relationship for the purposes of permitting children to exercise, with each of their two parents, the right to move and reside freely within the territory of the Member States without impediment, and to exercise all the rights that the child derives from Union law. This Regulation does not provide for any additional conditions or requirements for the exercise of such rights.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 16

(16) Article 2 of the United Nations Convention on the Rights of the Child of 20 November 1989 ('UN Convention on the Rights of the Child') requires States Parties to respect and ensure the rights of children without discrimination of any kind, and to take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the circumstances of the child's parents. Under Article 3 of the said Convention, in all actions by, amongst others, courts and administrative authorities, the best interests of the child must be a primary consideration. Children should never be punished or discriminated against because of what the child's family constellation looks like or how the family originated.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Eleni STAVROU

Proposal for a regulation
Recital 18

(18) Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (‘European Convention of Human Rights’) lays down the right to respect for private and family life, while Article 1 of Protocol No. 12 to the said Convention provides that the enjoyment of any right set forth by law must be secured without discrimination on any ground, including birth. The European Court of Human Rights has interpreted Article 8 of the Convention as requiring all States within its jurisdiction to recognise the legal parent-child relationship established abroad between a child born out of surrogacy and the biological intended parent, and to provide for a mechanism for the recognition in law of the parent-child relationship with the non-biological intended parent (for example through the adoption of the child)54 . It is of great importance to the European way of life that the European Union facilitates the recognition of parentage regardless of how the child was born or what the child's family looks like, such as the gender of the parents and without any special procedure being required. _________________ 54 For example, Mennesson v. France (Application no 65192/11, Council of Europe: European Court of Human Rights, 26 June 2014) and Advisory Opinion P16- 2018-001 (Request no. P16-2018-001, Council of Europe: European Court of Human Rights, 10 April 2019).

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 19

(19) The Court of Justice has confirmed that the essential characteristics of Union law have given rise to a structured network of principles, rules and mutually interdependent legal relations linking the Union and its Member States, and its Member States with each other. This legal structure is based on the fundamental premiss that each Member State shares with all the other Member States, and recognises that they share with it, a set of common values on which the Union is founded, as stated in Article 2 TEU. That premiss implies and justifies the existence of mutual trust between the Member States that those values will be recognised. In accordance with the principle of mutual recognition, parenthood established in one Member State shall also be recognised in other Member States without any special procedure being required irrespective of the gender of the parents.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 20

(20) Pursuant to Article 2 of the Treaty on European Union (‘TEU’), equality and non-discrimination are amongst the values on which the Union is founded and which are common to the Member States. Article 21 of the Charter prohibits discrimination on grounds of, amongst others, birth. Article 3 TEU and Article 24 of the Charter provide for the protection of the rights of the child, and Article 7 of the Charter provides for everyone’s right to respect for their private and family life. Children's rights must never be discriminated against because of how the child was born or what the child's family composition looks like.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 22

(22) To achieve its aims, it is necessary and appropriate for this Regulation to bring together common rules on jurisdiction, applicable law, recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood, regardless of how the child came into being or what the family constellation looks like, as well as rules on the creation of a European Certificate of Parenthood in a Union legal instrument which is binding and directly applicable.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 24

(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, by adoption or by operation of law. Also for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. This regulation should apply regardless of how the child came into being or what the family constellation looks like. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, the intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 31

(31) The requirements for the recording of parenthood in a register should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept that should determine under what legal conditions and how the recording must be carried out, and which authorities are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. In order to avoid duplication of documents, the national registration authorities should accept the documents drawn up in another Member State by the competent authorities whose circulation is provided for by this Regulation. In particular, the European Certificate of Parenthood issued under this Regulation should constitute a valid document for the recording of parenthood in a register of a Member State. As the procedure for the issuance of the European Certificate of Parenthood and its contents and effects should be uniform in all Member States as set out in this Regulation, and the European Certificate of Parenthood should be issued in conformity with the rules on jurisdiction and applicable law laid down in this Regulation, the authorities involved in the registration should not require that the European Certificate of Parenthood be first transposed into a national document on parenthood. This should not preclude the authorities involved in the registration from confirming the conditions necessary to establish the authenticity of the European Certificate of Parenthood or from asking the person applying for registration to provide such additional information, in a way that does not add bureaucratic burden, as required under the law of the Member State in which the register is kept, provided that information is not already included in the European Certificate of Parenthood. The competent authority may indicate to the person applying for registration how the missing information can be provided. The effects of recording the parenthood in a register (for example, depending on the national law, whether registration establishes parenthood or only provides evidence of the parenthood already established) should also be excluded from the scope of this Regulation and be determined by the law of the Member State in which the register is kept. The document obtained by the parents should be available in all EU official languages to ensure and guarantee comprehension by the respective national authorities and that the language used should be gender inclusive.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 49

(49) Proceedings on the establishment of parenthood under this Regulation should, as a basic principle, provide children below the age of 18 years who are subject to those proceedings and who are capable of forming their own views, in accordance with the case law of the Court of Justice, with a genuine and effective opportunity to express their views and, when assessing the best interests of the child, due weight should be given to those views. This Regulation should, however, leave the question of who will hear the child and how the child will be heard to be determined by the national law and procedure of the Member States. I~~n addition, while remaining a right of the child, hearing the child should not constitute an absolute obligation although it should be assessed taking into account the best interests of the child.~~ t is already an established concept that all EU countries recognise that children have the right to a personal relationship and direct contact with both parents whatever their gender may be, even if the parents live in different countries. In addition, while remaining a right of the child, hearing the child should not constitute an absolute obligation although it should be assessed taking into account the best interests of the child. Notes that the national, local or other administrative court shall decide in the best interests of the child on parent’s (irrespective of their gender) custody rights, visiting arrangements and determine the child's place of residence.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 56

(56) Considerations of public interest should allow courts and other competent authorities establishing parenthood in the Member States to disregard, in exceptional circumstances, certain provisions of a foreign law where, in a given case, applying such provisions would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to apply the public policy exception in order to set aside the law of another State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination. Underlines that EU member states need to recognise a parent-child relationship for the purposes of permitting a child to exercise without impediment, with each parent, the right to move and reside freely within the territory of all the member states as guaranteed in Article 21(1) Treaty on the Functioning of the European Union (TFEU), the application of which is key to ensuring gender equality.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Eleni STAVROU

Proposal for a regulation
Recital 60

(60) Mutual trust in the administration of justice in the Union justifies the principle that court decisions establishing parenthood in a Member State should be recognised in all Member States without the need for any recognition procedure, as it is important to avoid unnecessary administration that delays the procedure which would divert valuable time away from promoting gender equality. In particular, when presented with a court decision given in another Member State establishing parenthood that can no longer be challenged in the Member State of origin, the competent authorities of the requested Member State should recognise the court decision by operation of law without any special procedure being required and update the records on parenthood in the relevant register accordingly.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Eleni STAVROU

Proposal for a regulation
Recital 62

(62) The recognition in a Member State of court decisions on parenthood matters given in another Member State should be based on the principle of mutual trust. Therefore, the grounds for non-recognition should be kept to the minimum in the light of the underlying aim of this Regulation, which is to facilitate the recognition of parenthood and to protect effectively children’s rights and the best interests of the child in cross-border situations. All families, regardless of how they came about, must have the right to be a family irrespective of the gender composition on equal terms in society.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 69

(69) Authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State should have the same evidentiary effects in another Member State as they have in the Member State of origin, or the most comparable effects. When determining the evidentiary effects of such an authentic instrument in another Member State or the most comparable effects, reference should be made to the nature and the scope of the evidentiary effects of the authentic instrument in the Member State of origin. The evidentiary effects which such an authentic instrument should have in another Member State will therefore depend on the law of the Member State of origin. Notes that evidentiary effects should not be hindered by linguistic barriers and that language in all documents shall be gender inclusive.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 76

(76) In order for the recognition of the parenthood established in a Member State to be settled speedily, smoothly and efficiently, children or their parent(s) should be able to demonstrate easily the children’s status in another Member State. It is an important step to reduce bureaucracy and increase access to free movement in the European Union as a means of promoting gender equality. To enable them to do so, this Regulation should provide for the creation of a uniform certificate, the European Certificate of Parenthood, to be issued for use in another Member State. In order to respect the principle of subsidiarity, the European Certificate of Parenthood should not ~~take the~~ replace of internal documents which may exist for similar purposes in the Member States.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 77

(77) The authority that issues the European Certificate of Parenthood should have regard to the formalities required for the registration of parenthood in the Member State in which the register is kept. The authority should facilitate and work for minimal administrative burden for the families of all gender compositions who apply for the declaration. For that purpose, this Regulation should provide for an exchange of information on such formalities between the Member States.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 99 a (new)

(99a) Underlines that the lack of parental recognition can ensure harmful ramifications for children within families in all their diversity, such as depriving them of their rightful succession, or their right to have any one of their parents act as their legal representative in matters such as medical treatments, childcare and education.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 99 b (new)

(99b) Underscores how some types of families often face a burden in establishing filiation through court systems and the legal costs that such a process entails. Whereas having legal certainty on recognition will reduce serious concerns and problems that some families face when traveling or moving in the EU.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 99 c (new)

(99c) The parents' gender should not be an obstacle to the child's right to guardianship. The fact that children of same-sex parents fall outside the social system creates legal uncertainty, and the children's rights must be guaranteed. LGBTI families have the same rights to move freely across international borders as any other family.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 99 d (new)

(99d) The woman must always have the right to decide over her own body, also in the case of altruistic surrogacy.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Article 22 – paragraph 2

2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination, as long as the aforementioned Member State courts have not been found to infringe EU rule of law including in cases of LGBTI homophobia, or do not meet the standards for judicial independence.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Eleni STAVROU

Proposal for a regulation
Article 48 – paragraph 2 – point b

(b) another authority which, under national law, has competence to deal with parenthood matters which is recognised and approved by European regulators.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Article 49 – paragraph 3 – point h

(h) any other relevant information which the applicant deems useful for the purposes of the issuance of the Certificate.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Article 49 – paragraph 3 – point h a (new)

(ha) the certificate shall be available in all EU official languages and braille as well as be gender inclusive.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Article 55 – paragraph 3 a (new)

3a. The issuing authority shall in cases of name changes comply with the national law and issue new certificates with all requested legal name changes regardless of gender.

2023/07/04
Committee: FEMM

2022/0402(CNS)

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 3

The challenge shall be lodged before a court in the Member State of the issuing authority in accordance with the law of that Member State and where applicable in cooperation with national equality bodies.

2023/07/04
Committee: FEMM

2022/0400(COD)

Eleni STAVROU

Proposal for a directive
Recital 36

(36) Access to equality bodies’ services and publications on an equal basis for all should be guaranteed. For that purpose, potential barriers to access to equality bodies’ services should be identified and addressed. Services should be free of charge for complainants. Member States should also make sure that the services of equality bodies are available to all potential victims throughout their territory, for example through the establishment of local offices, including mobile ones, the organisation of local campaigns or cooperation with local delegates, social partners, as well as business chambers, or civil society organisations.

2023/09/08
Committee: EMPL FEMM

2022/0398(COD)

Eleni STAVROU

Proposal for a directive
Recital 6

(6) Persons, entities and bodies, which are designated individually in Union restrictive measures and subject to those Union restrictive measures, may often be involved as instigators and accomplices. For instance, the practice by designated persons and entities of transferring funds, property or economic resources to a third party with a view to circumvent Union restrictive measures is increasingly widespread and risks to undermine the objectives of the Union restrictive measures. Therefore, this conduct is covered by the circumvention offence approximated by this Directive.

2023/05/16
Committee: BUDG

2022/0398(COD)

Eleni STAVROU

Proposal for a directive
Recital 19

(19) To ensure the effective investigation and prosecution of violations of Union restrictive measures, Member States’ competent authorities should cooperate through and with Europol, Eurojust and the European Public Prosecutor’s Office (EPPO) within the limits of their respective mandates. These competent authorities should also share information among each other and with the Commission on practical issues.

2023/05/16
Committee: BUDG

2022/0398(COD)

Eleni STAVROU

Proposal for a directive
Recital 23

(23) The objectives of this Directive, namely to ensure common definitions of offences related to the violation of Union restrictive measures and the availability of effective, dissuasive and proportionate criminal penalties for serious offences related to the violation of Union restrictive measures cannot be sufficiently achieved by Member States but can rather, by reason of the scale and effects of this Directive, be better achieved at Union level, taking into account the inherent cross-border nature of the violation of Union restrictive measures and their potential to undermine the achievement of the Union objectives to safeguard international peace and security as well as to uphold Union common values and defend the Union financial interests. Therefore the Union may adopt measures, in accordance with the principle of subsidiarity as set out in accordance with Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective.

2023/05/16
Committee: BUDG

2022/0398(COD)

Eleni STAVROU

Proposal for a directive
Article 5 – paragraph 3

(3) Member States shall take the necessary measures to ensure that the criminal offences referred to in Article 3(2), points (h)(iii), (iv) and (v), are punishable by a maximum penalty of at least one year of imprisonment when they involve funds or economic resources of a value of at least EUR 100 000. Member States shall ensure that the threshold of EUR 100 000 or more ~~may~~can also be met through a series of linked offences referred to in Article 3(2), points (h)(iii), (iv) and (v), when committed by the same offender.

2023/05/16
Committee: BUDG

2022/0398(COD)

Eleni STAVROU

Proposal for a directive
Article 5 – paragraph 4

(4) Member States shall take the necessary measures to ensure that the criminal offences referred to in Article 3(2), points (a) to (g), (h)(i) and (ii), and point (i), are punishable by a maximum penalty of at least five years of imprisonment when they involve funds or economic resources of a value of at least EUR 100 000. Member States shall ensure that the threshold of EUR 100 000 or more ~~may~~can also be met through a series of linked offences referred to in Article 3(2), points (a) to (g), (h)(i) and (ii), and point (i), by the same offender.

2023/05/16
Committee: BUDG

2022/0398(COD)

Eleni STAVROU

Proposal for a directive
Article 7 – paragraph 2

(2) Member States shall take the necessary measures to ensure that for legal persons held liable pursuant to Article 7 the criminal offences referred to in Article 3(2), points (h) (iii) to (v), are punishable by fines, the maximum limit of which should be not less than 1 percent of the ~~total~~consolidated worldwide turnover of the legal person in the business year preceding the fining decision.

2023/05/16
Committee: BUDG

2022/0398(COD)

Eleni STAVROU

Proposal for a directive
Article 7 – paragraph 3

(3) Member States shall take the necessary measures to ensure that for legal persons held liable pursuant to Article 7 the criminal offences referred to in Article 3(2), points (a) to (f), (h)(i) and (ii), and point (i), are punishable by fines, the maximum limit of which should be not less than 5 percent of the ~~total~~consolidated worldwide turnover of the legal person in the business year preceding the fining decision.

2023/05/16
Committee: BUDG

2022/0398(COD)

Eleni STAVROU

Proposal for a directive
Article 16 – paragraph 1

(1) Without prejudice to the rules on cross-border cooperation and mutual legal assistance in criminal matters, Member States’ authorities, Europol, Eurojust, the European Public Prosecutor's Office, and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in Articles 3 and 4. To that end, the Commission, and where appropriate, Europol ~~and Eurojust~~, Eurojust and EPPO in regards to Member States participating in the enhanced cooperation on the establishment of the EPPO are involved, shall provide technical and operational assistance in order to facilitate the coordination of investigations and prosecutions by the competent authorities.

2023/05/16
Committee: BUDG

2022/0398(COD)

Eleni STAVROU

Proposal for a directive
Article 16 – paragraph 2

(2) Member States’ competent authorities shall also regularly share information between them and with the Commission on practical issues, in particular, patterns of circumvention, e.g. structures to conceal the beneficial ownership and control of assets~~, with the Commission and other competent authorities~~.

2023/05/16
Committee: BUDG

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Recital 2 a (new)

(2 a) Even though forced labour can be found in a large number of sectors, some sectors, such as textiles, are particularly affected. The textile, clothing, leather and footwear sector (TCLF) is one of the largest sectors in the global economy and is characterised by poor working conditions and workers’ rights violations, with the majority of workers being women and children. The TCLF supply chain has become increasingly buyer-driven, which has led to low prices, increased time pressure and poor payment terms to the workers and these conditions fuel and exacerbate the risk of labour rights abuses in TCLF producing factories as well as the conditions of forced labour.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Recital 3

(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Furthermore, in its relations with the wider world, the Union should uphold and promote its values, notably, the protection of human rights, in particular the rights of the child, as well as the strict observance and the development of international law in accordance with Article 3(5) of the Treaty on European Union. The respect, promotion and protection of human rights constitute an objective of the development cooperation, which shall be taken into account in the policies that the Union implements which are likely to affect developing countries in accordance with Article 2108 of the Treaty on ~~European Union.~~the Functioning of the European Union. Through this Regulation, the Union should strengthen political dialogue with third countries, especially with developing countries, with regards to forced labour. Regarding the TCLF sector’s working conditions and the shrinking political spaces for civil society and trade unions, which aggravate the situation of forced labour, greater political dialogue is required in relation to this as well. Moreover, Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Recital 18

(18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products they place or make available on the Union market are free from forced labour. The Commission should therefore issue guidelines on due diligence in relation to forced labour, which should take into account also the size and ~~economic~~ resources of economic operators. ~~In addition, t~~The Commission should issue guidelines on forced-labour risk indicators ~~and on publicly available information in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition~~, taking into account the ILO forced labour indicators, including its ‘Hard to see, harder to count – Survey guidelines to estimate forced labour of adults and children’, and on publicly available information in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition. Specifically, the Commission should develop simplified additional support tools and specialised guidelines and measures that will allow the SMEs to demonstrate their commitment in sustainability and in eradicating forced labour in accordance with ILO’s Conventions.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Recital 18 a (new)

(18 a) The Commission should, also, issue guidelines for affected stakeholders on filing information and non-judicial complaints through the centralised notification and non-judicial grievance mechanism, as well as meaningfully engage in the procedures set out in the Regulation. The Commission should make sure that such guidelines would be able to reach all affected stakeholders, especially vulnerable people, such as, children, women, migrants and other minorities.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Recital 20

(20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, mitigate, prevent and bring to an end the risk of forced labour, taking into account the size and resources of economic operators.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Recital 24

(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the ~~value~~supply chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account their size and ~~economic~~ resources, the quantity of products concerned and the scale of the suspected forced labour.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Recital 25

(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs and take into account the size and ~~economic~~ resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Recital 29

(29) In setting a reasonable time to comply with the order, competent authorities should take into account the size and ~~economic~~ resources of the economic operators concerned.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Recital 32

(32) ~~Any person, whether it~~ The Commission should establish a ~~natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it~~centralised notification and non-judicial grievance mechanism to receive information and non-judicial complaints by any affected stakeholders who considers that products made with forced labour are placed and made available on the Union market and to be informed of the reasoning and outcome of the assessment of their submission, when possible, together with the decision. In order to ensure that the following Regulation adequately complements the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council, this mechanism should align with the one which will be provided in the said Directive. The mechanism should be secure and accessible, especially in regards to vulnerable people, such as, children, women, migrants and other minorities.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Recital 32 a (new)

(32 a) It is estimated that about 11.8 million women and girls were in forced labour in 2021, which represents almost 43% of the total.1a It is therefore fundamental to ensure that this Regulation is implemented in a gender- responsive manner. Human rights violations are not gender neutral and should not be treated as such. Women are often disproportionately affected by adverse business practices, which requires a specific response to their needs. Competent authorities should apply a gender lens throughout all of the steps of the Regulation prohibiting products made with forced labour on the Union market, collect gender-disaggregated data and encourage economic operators to provide the requested information in a gender- sensitive way. _________________ 1a The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Recital 32 b (new)

(32 b) In 2021, the number of children in child labour has risen to 160 million worldwide.1aAlso, according to the ILO 2021 Global Estimates, more than 3.3 million of children are in forced labour, which represents almost 12% of all those in forced labour.2aTaking into account that forced child labour is one of the components of child labour 3a, the Union, through this Regulation and in its relations with the wider world, should uphold and promote its values, which are in accordance with the international instruments ratified, the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights, and enshrined in its core treaties, namely, TEU, TFEU and the EU Charter of Fundamental Rights of the European Union, all of which protect the rights of the child. The 2021-2024 EU Strategy on Child Rights, the Council-led European Child Guarantee initiative and the UN Sustainable Development Goal 8.7 of eradicating child labour by 2025 and forced labour by 2030 are also proof of commitment. Children, like women, are disproportionately affected by forced labour. Therefore, it is fundamental for competent authorities to ensure particular attention to the specific cases and needs of the children, like for women, in forced labour, throughout all the steps of this Regulation. Moreover, any guidelines formed by the Commission regarding the centralised notification and non-judicial grievance mechanism must be able to reach children as well. _________________ 1a Child labour rises to 160 million – first increase in two decades (International Labour Organization (ILO)) https://www.ilo.org/global/about-the- ilo/newsroom/news/WCMS_800090/lang-- en/index.htm 2a Global Estimates of Modern Slavery: Forced Labour and Forced Marriage (International Labour Organization (ILO), Walk Free, and International Organization for Migration (IOM), Geneva, 2022) https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf 3a Global Estimates of Modern Slavery: Forced Labour and Forced Marriage (International Labour Organization (ILO), Walk Free, and International Organization for Migration (IOM), Geneva, 2022) https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Recital 44

(44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission as well as the European Agency for Fundamental Rights, the European Labour Authority and other Union agencies with relevant expertise in the areas covered by the Regulation. Trade unions and other workers’ representatives, civil society representatives, international organisations, women and children organisations, especially in developing countries, shall be invited to collaborate with the Network. That network should also aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Recital 45

(45) Since forced labour is a global problem and given the interlinkages of the global ~~value~~supply chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries ~~and international organisations~~, especially authorities of developing countries, and international organisations, especially women and children organisations, to enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, especially with developing countries, or, if necessary, specific ones that will be created on an ad hoc basis.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)

(m a) ‘affected stakeholders’ has the meaning attributed to it in Article 3 of the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council;

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 2 – paragraph 1 – point p

(p) ‘products entering the Union market’ means products from third countries, especially from developing countries, intended to be placed on the Union market or intended for private use or consumption within the customs territory of the Union and placed under the customs procedure ‘release for free circulation’;

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 4 – paragraph 1 – point a

(a) submissions ~~made by natural or legal persons or any association not having legal personality~~and non-judicial complaints made by affected stakeholders pursuant to Article 10;

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 4 – paragraph 2

2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the ~~value~~supply chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and ~~economic~~ resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 5 – paragraph 3 – point b

(b) take into account the size and ~~economic~~ resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 5 – paragraph 5

5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and ~~economic~~ resources of the economic operators concerned.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 5 – paragraph 5 a (new)

5 a. Once the competent authority initiates an investigation it shall assess the possible impacts of any decision to be adopted pursuant to Article 6(4) on the affected workers and partner countries but also the economic operators taking into account their size and resources. That assessment shall be carried out with the meaningful engagement of affected stakeholders, as well as in consultation with authorities of the affected or potentially affected third countries, especially of affected or potentially affected developing countries.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 7 – paragraph 1 – point b

(b) a reasonable time limit for the economic operators to comply with the order, which shall not be less than 30 working days and no longer than necessary to withdraw the respective products. When setting such a time limit, the competent authority shall take into account the economic operator’s size and ~~economic~~ resources;

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 10 – title

Submission of information and non- judicial complaints regarding violations of Article 3

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 10 – paragraph -1 (new)

-1 The Commission shall establish a centralised notification and non-judicial grievance mechanism to receive information and non-judicial complaints by any affected stakeholders on alleged violations of Article 3. Non-judicial complaints and information may be lodged anonymously. In order to ensure that the following Regulation adequately complements the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council, this mechanism should align with the one which will be provided in the said Directive. The centralised notification and non-judicial grievance mechanism should be secure and accessible, especially in regards to vulnerable people, such as children, women, migrants and other minorities.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 10 – paragraph 1

1. Submissions of information by anyd n~~atural or legal person or any association not having legal personality~~on-judicial complaints by any affected stakeholders, to competent authorities on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation. The mechanism should be secure and accessible, especially in regards to vulnerable people, such as migrant workers, women, children and other minorities.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 10 – paragraph 2

2. The competent authority shall, as soon as possible, inform the ~~person or association~~affected stakeholders referred to in paragraph 1 of the reasoning, when possible, and outcome of the assessment of their submission together with the decision.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 10 – paragraph 3

3. Directive (EU) 2019/1937 of the European Parliament and of the Council39shall apply to the reporting of all breaches of this Regulation and the protection of ~~person~~affected stakeholdersreporting such breaches. _________________ 39 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, OJ L 305, 26.11.2019, p. 17.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 10 – paragraph 3 a (new)

3 a. adequate remediation should be foreseen in relation to the non-judicial grievance mechanism. In order to ensure that the following Regulation adequately complements the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council, remediation, like for the mechanism, should align with the one which will be provided in the said Directive.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 11 – paragraph 1

1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable, evidence-based and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations ~~and third~~, especially women and children organisations, and third country authorities, especially developing country authorities.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 23 – paragraph 1 – point a

(a) guidance on due diligence in relation to forced labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, especially women and children organisations, as well as the size and economic resources of economic operators. Specifically, the Commission should develop simplified additional support tools and specialised guidelines on due diligence in relation to forced labour and measures for SMEs. With regards to adequate remediation, further guidelines can also be provided, but should ensure alignment with the remediation which will be provided in Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council, since this Regulation adequately complements the Directive;

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 23 – paragraph 1 – point b

(b) information on risk indicators of forced labour, which shall be based on the indicators for forced labour set out by the ILO including in its ‘Hard to see, harder to count – Survey guidelines to estimate forced labour of adults and children’, on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)

(e a) guidance for affected stakeholders on filing information and non-judicial complaints through the centralised notification and non-judicial grievance mechanism. The Commission should make sure that such guidelines would be able to reach all affected stakeholders, especially vulnerable people, such as, children, women, migrants and other minorities;

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 24 – paragraph 2

2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authorities as well as the European Agency for Fundamental Rights, the European Labour Authority and other Union agencies with relevant expertise in the areas covered by the Regulation. Trade unions and other workers’ representatives, civil society representatives, international organisations, women and children organisations, especially in developing countries, shall be invited to collaborate with the Network.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 24 – paragraph 3 – point a

(a) facilitate the identification of common priorities for enforcement activities, including, where appropriate, in third countries, especially in developing countries, to exchange information, expertise and best practices;

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 24 – paragraph 3 – point b

(b) conduct joint investigations, including, where appropriate, in third countries and especially in developing countries;

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 24 – paragraph 3 – point c

(c) facilitate capacity building activities and contribute to uniform risk- based approaches and administrative practices for the implementation of this Regulation in the Member States and, where appropriate, in third countries, especially in developing countries;

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 24 – paragraph 3 – point f

(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities and, where appropriate, with third country authorities, especially developing country authorities, as well as civil society organisations and international organisations, especially women and children organisations;

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)

(f a) manage the notification and non- judicial grievance mechanism.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 26 – paragraph 1

1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission may as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, ~~international~~especially of developing countries, international organisations, women and children organisations, civil society representatives and business organisations and any other affected stakeholders. International cooperation with authorities of third countries, especially developing countries, shall take place in a structured way as part of the existing dialogue structures ~~with third countries~~ or, if necessary, specific ones that will be created on an ad hoc basis and through the Network foreseen in Article 24.

2023/04/18
Committee: DEVE

2022/0269(COD)

Eleni STAVROU

Proposal for a regulation
Article 26 – paragraph 2

2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, women and children organisations, civil society representatives, business organisations and competent authorities of third countries, especially in developing countries, as well as any other affected stakeholder, including those collaborating with the Network may result in the Union developing accompanying measures to support the efforts of companies and partner countries efforts and locally available capacities in tackling forced labour, including specialised measures and support for the small and medium- sized enterprises (SMEs) that take into account their size and resources.

2023/04/18
Committee: DEVE

2022/0219(COD)

Vangelis MEIMARAKIS, Maria SPYRAKI, Stelios KYMPOUROPOULOS, Elissavet VOZEMBERG-VRIONIDI, Manolis KEFALOGIANNIS, Anna-Michelle ASIMAKOPOULOU, Theodoros ZAGORAKIS, Eleni STAVROU

Proposal for a regulation
Recital 15 a (new)

(15a) Member States that participate in the common procurement of defence products under the Instrument should have a right to invite Ukraine and Moldova to participate in the action. To this end, the Member States should authorise a procurement agent to enter into an agreement for procuring additional quantities of the defence product. Such an agreement would benefit the EDTIB as those countries’ participation would provide better economies of scale and scope, higher demand and interoperability at the technical level, common training, cross-servicing and maintenance, which would provide a foundation for the later inclusion of their defence industries in the EDTIB. It would also strengthen the two countries’ defence capabilities in light of Russia’s aggression and threats. The possibility to participate on the invitation of the Member States in the procurement agreement should be open only to countries that do not contravene the security and defence interests of the Union and its Member States, including respect for the principle of good neighbourly relations. It should also be open to Georgia.

2023/02/13
Committee: AFET ITRE

2022/0219(COD)

Vangelis MEIMARAKIS, Maria SPYRAKI, Stelios KYMPOUROPOULOS, Elissavet VOZEMBERG-VRIONIDI, Manolis KEFALOGIANNIS, Anna-Michelle ASIMAKOPOULOU, Theodoros ZAGORAKIS, Eleni STAVROU

Proposal for a regulation
Recital 21 a (new)

(21a) Russia’s brutal and unprovoked war of aggression against Ukraine became a turning point for European security, and in particular for Bulgaria, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Finland that are bordering Russia and Ukraine or have their territorial waters or Exclusive Economic Zones adjacent to those of Ukraine. Those Member States have become the target of threatening rhetoric and hostile actions by Russia, supported by Belarus. Despite facing fundamental threats to their own security, they continue to support Ukraine in providing assistance, including military assistance, thus significantly depleting their own stockpiles. The Instrument should therefore provide incentives for the participation of those Member States by granting higher Union contribution to actions where at least two such Member States participate. In addition, such a higher Union contribution should also apply for actions in which Member States decide to authorise the procurement agent to procure additional quantities of the respective defence product for Ukraine and Moldova. Given that those countries are partially occupied by Russia or its proxies, and are the targets of Russia’s military intervention, further support for Ukraine and Moldova would substantially contribute to European security, while strengthening the EDTIB and fostering cooperation in defence procurement.

2023/02/13
Committee: AFET ITRE

2022/0219(COD)

Vangelis MEIMARAKIS, Maria SPYRAKI, Stelios KYMPOUROPOULOS, Elissavet VOZEMBERG-VRIONIDI, Manolis KEFALOGIANNIS, Anna-Michelle ASIMAKOPOULOU, Theodoros ZAGORAKIS, Eleni STAVROU

Proposal for a regulation
Article 5 – paragraph 1 a (new)

The agreement between the participating Member States and the procurement agent referred to in Article 8(2) of this Regulation may authorise the procurement agent to invite and enter into an agreement for procuring additional quantities of the defence product subject to the common procurement with Ukraine and Moldova whose territory is in immediate proximity or affected by the war on Ukrainian territory and whose territory is occupied by forces supported by the Russian Federation. Such additional procurement arrangements shall be without prejudice to the applicable provisions of Union law and any relevant international obligations of the participating Member States.

2023/02/13
Committee: AFET ITRE

2022/0167(COD)

Eleni STAVROU

Proposal for a directive
Recital 5

(5) Therefore, the existing legal framework should be updated, so as to facilitate and ensure effective asset recovery and confiscation efforts across the Union, as well as to enable channelling of the net proceeds resulting from the liquidation of confiscated assets into the Union budget in the forms of new own resources and, where the assets stem from the crime of Russian aggression against Ukraine, in the form of external assigned revenue. To that end, the Directive should lay down minimum rules on tracing and identification, freezing, confiscation and management of property within the framework of proceedings in criminal matters. In this context, proceedings in criminal matters is an autonomous concept of Union law interpreted by the Court of Justice of the European Union, notwithstanding the case law of the European Court of Human Rights. The term covers all types of freezing and confiscation orders issued following proceedings in relation to a criminal offence. It also covers other types of orders issued without a final conviction. Proceedings in criminal matters could also encompass criminal investigations by the police and other law enforcement authorities. It is necessary to reinforce the capacity of competent authorities to deprive criminals of the proceeds from criminal activities. For this purpose, rules should be laid down to strengthen asset tracing and identification, as well as freezing capabilities, to improve management of frozen and confiscated property, to strengthen the instruments to confiscate instrumentalities and proceeds of crime and property derived from criminal activities of criminal organisations, and to improve the overall efficiency of the asset recovery system.

2023/03/02
Committee: BUDG

2022/0167(COD)

Eleni STAVROU

Proposal for a directive
Recital 10 a (new)

(10 a) The net proceeds resulting from the liquidation of confiscated assets as a result of those crimes mentioned in recitals 9 and 10 of this Directive shall be considered for a transfer by the Member States to the Union budget in the form of a new own resource, based on a preliminary detailed assessment of the Commission.

2023/03/02
Committee: BUDG

2022/0167(COD)

Eleni STAVROU

Proposal for a directive
Recital 39 a (new)

(39 a) The net proceeds resulting from the liquidation of confiscated assets for the Member States are highly unpredictable and volatile in nature. Due to this unpredictability, confiscation of assets may occur more often in some Member States than others. Besides possible windfall gains, investments and efforts which need to be taken to curb criminal offences and to finally confiscate assets are inseparable and unpredictable at the moment. To mutualise the risks and the benefits making the revenues of confiscated assets a new own resource follows the logic of European added value. Therefore, the net proceeds resulting from the liquidation of the confiscated assets other than those related to the crime of Russian aggression against Ukraine shall be considered for a transfer by the Member States to the Union budget in the form of a new own resource, based on a preliminary detailed assessment of the Commission.

2023/03/02
Committee: BUDG

2022/0167(COD)

Eleni STAVROU

Proposal for a directive
Recital 39 b (new)

(39 b) The net proceeds resulting from the liquidation of confiscated assets resulting from the crime of Russian aggression against Ukraine shall be transferred by the Member States to the Union budget in form of the external assigned revenue. Such revenue should be allocated to the Neighbourhood, Development and International Cooperation Instrument - Global Europe (Eastern Neighbourhood) for the purpose of the reconstruction of Ukraine used to support projects to build and rebuild infrastructure in Ukraine and to provide compensation to the Ukrainian victim population. Domestic civil society organisations in Ukraine should be involved in consultations during the preparation of the above-mentioned projects which shall include concrete deliverables and spending guidelines. The European Parliament and the Commission shall monitor and scrutinise by means of regular reporting and discharge procedure the implementation of these projects to ensure that the partners responsible for implementation on the ground respect the principle of good governance and anti-corruption measures.

2023/03/02
Committee: BUDG

2022/0167(COD)

Eleni STAVROU

Proposal for a directive
Recital 45

(45) Asset recovery offices should also closely cooperate with EU bodies and agencies, including Europol, Eurojust and the European Public Prosecutor’s Office, in accordance with their respective mandates, insofar as it is necessary to trace and identify property within the cross-border investigations supported by Europol and Eurojust or within the investigations undertaken by the European Public Prosecutor’s Office. Asset recovery offices shall closely cooperate with the central and decentralised levels of the European Public Prosecutor's Office (EPPO) if appropriate with regard to the Member States that participate in the enhanced cooperation on the establishment of the EPPO. Asset recovery offices shall therefore incur the reporting obligations under the EPPO Regulation, reporting to the EPPO in the same way as they do to national competent authorities and Financial Intelligence Units. Asset recovery offices should also cooperate with EPPO, Europol and Eurojust, in accordance with their respective mandates, insofar as it is necessary to trace and identify property to prevent, detect or investigate criminal offences related to the violation of Union restrictive measures.

2023/03/02
Committee: BUDG

2022/0167(COD)

Eleni STAVROU

Proposal for a directive
Article 17 – paragraph 2 a (new)

2 a. Member States shall decide on the use of the net proceeds resulting from the liquidation of confiscated assets except for those established as an own resource in accordance with Article 311(3) TFEU and those listed under Article 26a of this Directive, which shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation.

2023/03/02
Committee: BUDG

2022/0167(COD)

Eleni STAVROU

Proposal for a directive
Article 17 – paragraph 2 b (new)

2 b. The net proceeds resulting from the liquidation of confiscated assets set out in Article 26a of this Directive shall be assigned to the Neighbourhood, Development and International Cooperation Instrument - Global Europe (Eastern Neighbourhood) for the purpose of the reconstruction of Ukraine in the form of an external assigned revenue and shall be used to support projects to build and rebuild infrastructure in Ukraine and to provide compensation to the Ukrainian victim population.

2023/03/02
Committee: BUDG

2022/0167(COD)

Eleni STAVROU

Proposal for a directive
Article 18 – paragraph 1 a (new)

The net proceeds resulting from the liquidation of the confiscated assets related to the crimes set out in Article 26a (new) of this Directive shall be transferred by the national authorities of the Member States to the Neighbourhood, Development and International Cooperation Instrument - Global Europe (Eastern Neighbourhood) for the purpose of the reconstruction of Ukraine.

2023/03/02
Committee: BUDG

2022/0167(COD)

Eleni STAVROU

Proposal for a directive
Article 26 – paragraph 3 – point f a (new)

(f a) the disaggregated value and characteristics of confiscated assets for the transfer to the Neighbourhood, Development and International Cooperation Instrument - Global Europe (Eastern Neighbourhood) for the purpose of the reconstruction of Ukraine under the conditions provided for under Article 26a, with the details on the grounds of confiscation.

2023/03/02
Committee: BUDG

2022/0167(COD)

Eleni STAVROU

Proposal for a directive
Article 26 a (new)

Article 26 a Assets confiscated in the context of Russian aggression against Ukraine 1. Member States shall transfer the net proceeds resulting from the liquidation of confiscated assets resulting from the crime of Russian aggression against Ukraine and listed in the centralised registries referred to in Article 26 to the Neighbourhood, Development and International Cooperation Instrument - Global Europe (Eastern Neighbourhood). 2. Assets that have entered the Neighbourhood, Development and International Cooperation Instrument- Global Europe (Eastern Neighbourhood) for the purpose of the reconstruction of Ukraine.

2023/03/02
Committee: BUDG

2022/0155(COD)

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Recital 1

(1) Information society services have become very important for communication, expression, gathering of information and many other aspects of present-day life, including for children but also for perpetrators of child sexual abuse offences. Over the last 20 years there has been a dangerous rise in child sexual abuse material (CSAM) following the growing technological development and connectivity. The cases of online CSAM and the frequency of grooming activities, targeting younger children and especially girls, is increasing drastically 1a. Such offences, which are subject to minimum rules set at Union level, are very serious criminal offences that need to be prevented and combated effectively in order to protect children’s rights and well- being, as is required under the Charter of Fundamental Rights of the European Union (‘Charter’), ~~and to protect society at large. Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children.~~ The reporting of suspected online child sexual abuse rose alarmingly by 35% in 2021, compared with the cases in 2020. Such an increase is observed in child grooming as well, where perpetrators approach children online in order to convince them to produce sexual material of themselves and share it online, usually in live streaming. CSAM crime is not only growing in scale, but it is also becoming more severe, as ever-younger children are being exploited1b. The average age of first exposure among 18- year-old respondents was 12.7 years old, almost a full year younger than the average age of first exposure among 20- year-old respondents (13.4 years), likely linked to the rising access to the internet over the past decade. This suggests that, over the past five years, the average age at which children are first exposed to sexually explicit content and online sexual harms has continued to drop1c.Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children. Digital services, from social media to interactive games, can expose children to risks such as unsuitable content, bullying, grooming, or child sexual abuse, which are just some of the types of child sexual abuse online. _________________ 1a EPRS briefing, December 2022,'Combating child sexual abuse online' 1b EPRS briefing, December 2022,'Combating child sexual abuse online' 1c We protect global alliance organisation- global survey 2023 https://www.weprotect.org/economist- impact-global-survey

2023/05/08
Committee: FEMM

2022/0155(COD)

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Recital 1 a (new)

(1a) The fast pace in which children adopt and use new technologies generate increasing risks for them to be victims of online abuse. Gender aspect plays a major role, as data shows that girls are at a greater risk of encountering cyber violence. The IWF 2022 annual report, demonstrates for example, that 96% of the child sexual abuse images found, display girls only1a. Gender inequality, structural violence and discrimination against women in society can have harmful consequences in the life of children and this is also proved by the numbers CSAM, where girls are more likely to be harmed. The digital dimension of gender-based violence has a serious impact on the lives of women and girls, including their safety, their physical and psychological health, livelihoods, family ties, dignity and reputation. Violence perpetrated in the digital sphere against women and girls, amount to gender-based violence breaching a wide range of human rights. _________________ 1a IWF annual report 2022 https://annualreport2022.iwf.org.uk/trend s-and-data/analysis-by-sex/

2023/05/08
Committee: FEMM

2022/0155(COD)

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Recital 1 b (new)

(1b) According to organisations1athe COVID-19 pandemic increased the phenomenon of child sexual abuse online, as children spent the most of their time at home online.2aSpecifically in 2021 82% of CSAM include new self-generated images and videos of children aged under 13.3aAdditionally, in 2022, IWF received 127,732 reports with ‘self-generated’ imagery, which included 11–13 year-old girls, and this represents 50% of all actioned reports and 64% of ‘self- generated’ child sexual abuse reports. Equally alarming, is that on the same year, IWF received 61,754 reports that included ‘self-generated’ imagery included of 7–10 year-old girls, and this represents 24% of all actioned reports and 31% of ‘self-generated’ child sexual abuse reports.4aSuch data, emphasise the gender-aspect of the CSAM crime and the need to provide gender-tailored solutions. _________________ 1a International Hotline Organisation (INHOPE) Annual Report 2022, The EU network of hotlines, INHOPE, indicated that the number of online images of suspected child sexual abuse processed worldwide almost doubled between 2017 and 2019. 2a Europol, Exploiting isolation: Offenders and victims of online child sexual abuse during the COVID-19 pandemic. https://www.europol.europa.eu/cms/sites/d efault/files/documents/europol_covid_rep ort-cse_jun2020v.3_0.pdf 3a IWF annual report 2022 https://annualreport2022.iwf.org.uk/ 4a IWF annual report 2022 https://annualreport2022.iwf.org.uk/

2023/05/08
Committee: FEMM

2022/0155(COD)

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Recital 4 a (new)

(4a) Through the internet, online predators can gain access to children faster and in increasing numbers, using chat rooms, emails, online games and social networking sites to find and groom victims. The list of risks deriving from the exposure of children to child sexual abuse, harassment and access to harmful content, include glorification and promotion of self-harm, suicide, violence, hate speech online and offline, drug taking, risky online challenges, eating disorders and dangerous dieting practices. Children may be exposed to, and participate in toxic, aggressive, disruptive or addictive behaviour or be targeted by inappropriate, sexist or racist content. Consecutively, this can in turn discourage participation in online activities especially by girls, and thus, have an impact on children’s rights. Evidently, girls remain the primary victims of CSAM, since the 91% of reports depict girls and 7% depict the abuse of boys1a. Equally significant is that research demonstrates that certain groups are particularly vulnerable to different types of child sexual abuse and exploitation and therefore, special focus must be given to them. This includes age as a key factor, together with gender or disability. _________________ 1a International Hotline Organization (INHOPE) Annual Report 2022 https://www.inhope.org/EN/articles/inhop e-annual-report-2022

2023/05/08
Committee: FEMM

2022/0155(COD)

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Recital 4 b (new)

(4b) Prevention plays a very significant role. Member States should ensure that they address the problem of online solicitation of children by providing efficient tools and materials for their digital education. Children should be given the necessary digital skills at home and in school in order to fully benefit from all the fields of the digital world, whilst ensuring their safety in the cyber sphere. The role of the parents is crucial. Parents should firstly be able to control and adequately supervise the children's behaviour in their online devices and advise them on safe online surfing; secondly they should be able to recognise children’s behaviours that result from sexual abuse online and preventing, if the case, potentially dangerous developments. Additionally, targeted cooperation with online platforms for awareness raising age appropriate and gender-targeted campaigns, tailored to the specific needs and interests of the children, can complement and help the education and guidance of the parent and children.

2023/05/08
Committee: FEMM

2022/0155(COD)

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Recital 4 c (new)

(4c) Fighting these brutal crimes, both online and in the real world, is a fundamental priority. In addition, it is essential to establish a fair balance between measures to protect child victims of sexual abuse and their fundamental rights and the protection of personal data, private and family life, freedom of expression and information. No child image should be subject to the production of illegal content and no child should be re-victimised by the sharing or repeated dissemination of child sexual abusive material which may reach extreme level in cases of so-called 'highly traded' material. The EU Centre and Coordinating Authorities should ensure the protection and support of the victims concerned when dealing with such requests from cases of highly traded child sexual abuse material.

2023/05/08
Committee: FEMM

2022/0155(COD)

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Recital 4 d (new)

(4d) The regulatory measures to address the dissemination of CSAM online shall be complemented by EU wide campaigns coordinated by the EU Center and the Coordinating Authorities of the Member States. Those campaigns shall include increasing public information and awareness of the phenomenon, seeking child-friendly and age-appropriate reporting, as well as informing about victims rights. Children need to be educated in a child friendly and child sensitive way, for the risks hidden of taking pictures or recording videos and sharing intimate pictures of themselves. An age appropriate comprehensive sexual education is thus very important in order to help children develop their understanding on what constitute a healthy relationship at an early age.

2023/05/08
Committee: FEMM

2022/0155(COD)

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Recital 36

(36) Given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victims who request the removal or disabling of access of the material in question. The holders of parental responsibility for the victims or the legal guardians of the victims should have equal legal standing to exercise victim's rights when the victim is not able to do so, due to age or other limitations. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. Such assistance should be tailored to the specific vulnerabilities of the victims, such as age, or disability, in a gender sensitive way. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victims should also have the right to be assisted by the EU Centre in this regard, via the Coordinating Authorities.

2023/05/08
Committee: FEMM

2022/0155(COD)

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Recital 67

(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse. In this connection, the EU Centre should cooperate with relevant stakeholders from both within and outside the Union and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned.The EU Center will nominate a Victims' Consultative Forum, which would provide specialised advice to the EU Center on victims-related issues.

2023/05/08
Committee: FEMM

2022/0155(COD)

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Recital 74 a (new)

(74a) The Victims' Consultative Forum should be the EU Center's advisory body and support its work. Its principle function should be to provide independent advice through expertise knowledge, deriving from victims of sexual abuse online and taking into account the views of the children that will be consulted as well, in a child-friendly and child- sensitive manner on relevant issues.

2023/05/08
Committee: FEMM

2022/0155(COD)

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 2 – paragraph 1 – point j

(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of 178 years;

2023/05/08
Committee: FEMM

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

(c) the total number of items of child sexual abuse material when possible age and sex disaggregated that the provider removed or to which it disabled access, broken down by whether the items were removed or access thereto was disabled pursuant to a removal order or to a notice submitted by a Competent Authority, the EU Centre or a third party or at the provider’s own initiative;

2023/05/08
Committee: FEMM

Activities of Eleni STAVROU

Plenary speeches (26)

Reports (1)

Shadow reports (8)

Shadow opinions (6)

Institutional motions (3)

Oral questions (1)

Written explanations (13)

Written questions (8)

Individual motions (1)

Amendments (689)